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RTI an overview 1
Said that…
RTI an overview 2
CONSTITUTIONAL
OBLIGATIONS
RTI an overview 3
● penal provisions for failure to provide
information, as per law
RTI an overview 4
………to provide effective
framework for effectuating
right to information recognized under
Fundamental Right
RTI an overview 5
Information is necessary for
-to form and express opinions,
dissent or support on any
matter. It is therefore a part of
Article 19 (1)(a)
RTI an overview 6
Information is necessary for
-protection of the right to life
and liberty. It is therefore a
part of Article 21
RTI an overview 7
What is Right to Information?
RTI an overview 8
The Right to Information Act –
Establishes a process for accessing
information held by public authorities
Ordinarily places an obligation on them to
give information
Provides a grievance redressal mechanism
for citizens who have been denied
information in an unreasonable manner
RTI an overview 9
Manmohan Singh said that..
I believe that the passage of this bill will see
the dawn of a new era in our processes of
governance, an era of performance and
efficiency, an era which will ensure that
benefits of growth flow to all sections of our
people, an era which will bring the common
man’s concerns to the heart of all processes
of governance, an era which will truly fulfill
the hopes of the founding fathers of our
republic.
RTI an overview 10
The RTI Bill
Objects and Reasons
RTI an overview 11
HISTORY
RTI an overview 12
Status of RTI Laws on the Planet
RTI an overview 13
FOI Laws in the World
Sweden 1766
Colombia 1888
Finland 1951
U.S.A 1966
Denmark, Norway 1970
France 1978
Australia, New Zealand 1982
Canada 1983
U.K. 2005
So far, more than 86 countries have passed FOI laws. And
aprrox.43 countries are in progress for the same.
RTI an overview 14
RTI Laws in India
Madhyapradesh 2003
Jammu and Kashmir 2004
RTI an overview 15
23.12.2004 the RTI Bill introduced in the
Lok sabha
RTI an overview 16
15.06.2005 The President gave assent to the
Act; few provisions came into
force
RTI an overview 17
Right to Information
RTI an overview 19
THE RIGHT TO
INFORMATION ACT, 2005
Provisions
RTI an overview 20
Sections under RTI Act, 2005
Section Particulars
1 Short title, Extent and Commencement
RTI an overview 21
[Section 1(1)]
THE RIGHT TO
INFORMATION ACT,
2005
RTI an overview 22
Section 1(2) Extent –except J.&K.
RTI an overview 23
Section-1(3)
Section Particulars
2 Definitions
RTI an overview 25
competent authority
means-
the Speaker in the case of the House of the
People or the Legislative Assembly of a State
or a Union territory having such Assembly
and
the Chairman in the case of the Council of States
or Legislative Council of a State;
Section - 2 (e)
RTI an overview 26
…competent authority
means-
Section - 2 (e)
RTI an overview 27
…competent authority
means-
Section -2 (e)
RTI an overview 28
…public authority
means-
any authority or body or institution of self-
government established or constituted-
(a)by or under the constitution
(b)by any other law made by parliament
(c)by any other law made by state
legislature
(d) by notification issued or order
made by the appropriate Government,
Section - 2 (h)
RTI an overview 29
…and includes any-
(i) body owned, controlled or
substantially financed;
RTI an overview 30
information
means-
any material in any form,
including
● records
● documents
● memos
● e-mails
● opinions
● advices
● press releases Section - 2(f)
RTI an overview 31
…information
means-
● circulars
● orders
● logbooks
● contracts
● reports
● papers
● samples
● Models
● data material held in any electronic form
Section - 2(f)
RTI an overview 32
…information
means-
information relating to any private body
which can be accessed by a public authority
under any other law for the time being in force;
Section - 2(f)
RTI an overview 33
record
includes-
Section - 2(i)
RTI an overview 34
…record
includes-
Section - 2(i)
RTI an overview 35
right to information
means-
Section – 2(j)
RTI an overview 36
…right to information
includes the right to-
i. inspection of work,
documents, records;
Section – 2 (j)
RTI an overview 37
…right to information
includes the right to-
RTI an overview 39
Sections under RTI Act, 2005
Section Particulars
3 Right to Information
RTI an overview 40
[Section 3]
All citizens shall have the
Right
To
Information
RTI an overview 41
Sections under RTI Act, 2005
Section Particulars
4 Obligations of Public Authorities
RTI an overview 42
Obligations of public authorities
RTI an overview 45
Items For Pro-Active Disclosure
5. Rules/regulations/instructions/manuals/records
held
RTI an overview 47
Items For Pro-Active Disclosure
Section Particulars
5 Designation of PIO
RTI an overview 51
Public Information Officers (PIO)
[Section-5(1), 5(2)]
As many officers as necessary
Appellate Authority (AA)
Public Information Officers (PIO)
Assistant Public Information Officers
(APIO)
RTI an overview 52
Deemed PIO
his duties,
RTI an overview 53
Deemed PIO
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Duties of APIO
RTI an overview 55
Precautions
Transfer of Application
RTI an overview 56
Precautions
Rejection
RTI an overview 57
Precautions
Section Particulars
6 Request for obtaining Information
RTI an overview 59
[ Gujarat RTI Rules 22-03-2010]
Forms
A,B,C,D,E
RTI an overview 60
Forms [ Gujarat RTI Rules 2010 ]
Transfer of Application
‘D’ pertaining to another PIO
public authority
RTI an overview 62
Sections under RTI Act, 2005
Section Particulars
7 Disposal of Request
RTI an overview 63
Provide Information or Reject
[Section-7(1)]
Within 30 days of
receipt of
application
RTI an overview 64
How to calculate 30 days ?
[Section-7(3)(a)]
“Dispatch-Payment” Duration
Excluded.
RTI an overview 65
Provide Information or Reject
[Section-7(1)]
Within 48 hours of receipt of request if
concerns to
Life
Liberty
RTI an overview 66
Intimate the Applicant
[Section-7(3)(a), 7(3)(b), 7(3)(c)]
20=00
Where a separate system or
7 Record Inspection (each half hr) procedure for fees/charges does not
exist in a public authority
STF PO
Application
ES fee --Mode TC
Payment
JSP IPO
CFS NJS
NJSP
70
Cash
IPO DD
Information
fee—
Mode of
Payment
TC PO
71
CROSSED
CHEQUE/DD/PO/PAY ORDER
SHOULD BE IN FAVOUR
OF GOVT. OF GUJARAT
OR
IN THE NAME OF PUBLIC
AUTHORITY IN CASE OF
DEPT. OTHER THAN GOVT.
RTI an overview 72
No Fee for
[Section-7(5)]
RTI an overview 73
Deposition of fees to Govt.
account
Major Head
0070-other Administrative
services
Sub Major Head 60- other Sevices
RTI an overview 74
How should the Govt. office respond
deemed as refusal
of charge
RTI an overview 76
Provide Information or
Reject or Transfer
Inform by
R.P.A.D.
Hand Delivery
RTI an overview 77
If rejected…
[Section-7(8)(i) to 7(8)(iii)]
Particulars of AA
RTI an overview 78
PIO to Develop
Skill of Writing
‘Quasi-judicial’
orders
RTI an overview 79
Sections under RTI Act, 2005
Section Particulars
8 Exemption from Disclosure of Information
RTI an overview 80
Exemption from disclosure of information
There shall be no obligation to give any citizen-
RTI an overview 81
‘Human Right’ overrides
But
Nation’s ‘Sovereignty’,
‘Integrity’ & ‘Security’
overrides ‘Human Right’.
RTI an overview 82
(b) information which has been expressly
forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute
contempt of court.
(c) information, the disclosure of which would
cause a breach of privilege of Parliament or the
State Legislature.
RTI an overview 83
(d) information including commercial
confidence, trade secrets or intellectual
property, the disclosure of which would
harm the competitive position of a third
party, unless the competent authority is
satisfied that larger public interest
warrants the disclosure of such
information;
RTI an overview 84
(e) information available to a person in his
offenders;
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(i) cabinet papers including records of
deliberations of the Council of Ministers,
Secretaries and other officers:
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(j) information which relates to personal
information the disclosure of which has no
relationship to any public activity or interest, or
which would cause unwarranted invasion of the
privacy of the individual unless the PIO is
satisfied that the larger public interest justifies
the disclosure of such information…….
RTI an overview 89
…that the information which cannot
RTI an overview 90
Section - 8(2)
Notwithstanding anything in the Official Secrets act
nor any of the exemptions permissible in
accordance with Section - 8 (1),
a public authority may allow access to information,
if public interest in disclosure outweighs the
harm to the protected interests.
RTI an overview 91
PIO to Carry Out
Public Interest
V/s
Harm
RTI an overview 92
In the Interest
of Public
Protection
Benefit to
of Public’s
Public
Legal Rights
Public
Interest
Common General
Well-being Welfare
RTI an overview 93
Section - 8(3)
Subject to the provisions of clauses (a), (c) and (i)
of Section - 8(1),any information relating to any
occurrence, event or matter which has taken
place, occurred or happened twenty years
before the date on which any request is made
shall be provided to the requester…
RTI an overview 94
The decision of the Central Government shall be
RTI an overview 95
Section - 9
PIO may reject a request for
information where such a request
for providing access would involve
an infringement of copyright
subsisting in a person other
than the State.
RTI an overview 96
Sections under RTI Act, 2005
Section Particulars
10 Severability
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Severability
[Section10(1)]
“Partly Access”
[ in context to Section 8 & 9 ]
RTI an overview 98
Severability
[Section 10(2)(a) to 10(2)(e)]
Give Notice to the Applicant
“Partly” access
Reasons
PIO’s Name & Designation
Details of Fees
Details of AA & Time Limit
RTI an overview 99
Sections under RTI Act, 2005
Section Particulars
11 Third Party Information
“Third Party”
Information
[ TP = Other than Citizen, but includes P.A. ]
Section Particulars
Constitution of Central Information
12
Commission
Terms of Office and Conditions of Service
13
(CIC)
Section Particulars
Removal of Chief Information
14 Commissioner or Information
Commissioner
Constitution of State Information
15
Commission
Section Particulars
Terms of Office and Conditions of
16
Service (SIC)
Removal of Sate Chief Information
17 Commissioner or State Information
Commissioner
Section Particulars
Powers and Functions of Information
18
Commission
Section Particulars
19 Appeal
Burden of Proof on
PIO
RTI an overview 113
Appeal
[Section 19(8)(a)]
SIC is empowered to instruct P.A. to
Access Information
Appoint PIO
Publish Information
Complainant
Public Authority
Section Particulars
20 Penalties
Section Particulars
21 Actions taken in Good Faith
Action
in
Good Faith
RTI an overview 124
Action in Good Faith
An action
which is
honestly done
RTI an overview 125
Action in Good Faith
PROPMT,
JUST,
FAIR,
RTI an overview 126
Action in Good Faith
REASONABLE,
EQUITABLE,
BONAFIDE
RTI an overview 127
Sections under RTI Act, 2005
Section Particulars
22 Act to have overriding effect
Section Particulars
24 Act not to apply to Certain Organisations
Except…
The allegations of corruption
Human Rights Violations
Approval of CIC / SIC
45 days
List of 25 Organisations
of
“The Second Schedule”
RTI an overview 131
Act shall not apply to Government of India’s
following 25 Organisations
Directorate of Revenue
Narcotics Control Bureau
Intelligence
Criminal Investigation
Special Branch of Home Dept.
Department
Section Particulars
25 Monitoring and Reporting
Section Particulars
Powers to make Rules by Competent
28
Authority
29 Laying of Rules
Section Particulars
31 Repeal
Schedule Particulars
Schedule Particulars
TO ENCOURAGE
CITIZEN TO SEEK
INFORMATION
Pillar
of
Democracy
RTI an overview 144
Ultimate Goal
Lead to Good
Governance.
RTI an overview 145
Ultimate Goal
Reduce Corruption by
way of Transparency
& Accountability.
RTI an overview 146
Ultimate Goal
People’s
Participation
RTI an overview 147
Ultimate Goal
Curb Fatalism
&
Blind Faith
RTI an overview 148
THANK YOU