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Edit Comment Close Premium member Presentation Transcript Right to Information Act 2005 : Right to Information Act 2005 By Gyan Agnihotri Introduction : Gyan Agnihotri 2 Introduction Purpose Transparency and accountability Applies to the whole of India except J&K Official Secrets Act, 1923 [S.22] Enacted on 15 June 2005. Will come into force in toto on 12 October 2005 Definition of ‘Information’ [S.2(f)] : Gyan Agnihotri 3 Definition of ‘Information’ [S.2(f)] "information" means any material in any form, including Records Documents Press Releases Circulars Log Books Papers Memos Opinions Advices Orders Contracts Samples Models Emails Data in electronic form - info related to any private body Definition of ‘Record’ [S. 2(i)] : Gyan Agnihotri 4 Definition of ‘Record’ [S. 2(i)] "record" includes any document, manuscript and file any microfilm, microfiche and facsimile copy of a document any reproduction of image or images embodied in such microfilm (whether enlarged or not) any other material produced by a computer or any other device Definition of ‘Right’ [S. 2(j)] : Gyan Agnihotri 5 Definition of ‘Right’ [S. 2(j)] "right to information" includes the right to inspection of work, documents, records taking notes, extracts or certified copies of documents or records certified samples of material diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device Obligations of Public Authorities [S.4] : Gyan Agnihotri 6 Obligations of Public Authorities [S.4] Catalogue, index and computerise records [S. 4(1)] Publish within 120 days (Oct 12) Particulars of organisation, powers and functions of officers and employees, rules regulations, instructions, manuals Obligations of Public Authorities : Gyan Agnihotri 7 Obligations of Public Authorities Categories of documents Budget Subsidy programs Designate State Public Information Officers Constant endeavour to provide information suo moto Appointment of Officers [S. 5(2)] : Gyan Agnihotri 8 Appointment of Officers [S. 5(2)] State Public Information Officers State Assistant Public Information Officer Obtaining Information : Gyan Agnihotri 9 Obtaining Information Receive request Payment of fee SPIO solicit assistance Provide information Third Party Information : Gyan Agnihotri 10 Third Party Information Other public authority [S. 6(3)] Any other entity owned, controlled, or substantially financed by government [S. 11(1)] Any other private entity with its permission Exemptions [S. 8] : Gyan Agnihotri 11 Exemptions [S. 8] affects the sovereignty and integrity of India forbidden by any court of law or tribunal breach of privilege of Parliament or the State Legislature information related to agencies mentioned in the Second Schedule of the Act Exemptions : Gyan Agnihotri 12 Exemptions Commercial confidence, trade secrets or intellectual property Information from a foreign government Cabinet papers including records of deliberations of the Council of Ministers, Secretaries or prosecution of offenders Information which relates to personal matters, the disclosure of which has no bearing on any public activity or interest Partial Information [S. 10] : Gyan Agnihotri 13 Partial Information [S. 10] Partial information shall be given along with The reasons for the decision The name and designation of the person giving the decision Details of the fees calculated Right of the petitioner w.r.t. review of the decision Rejection [S. 7(8)] : Gyan Agnihotri 14 Rejection [S. 7(8)] The reasons for such a rejection The period within which an appeal against such a rejection may be preferred The particulars of the appellate authority Stipulated Time : Gyan Agnihotri 15 Stipulated Time 48 hours [S. 7(1)] 30 days [S. 7(1)] 35 days [S. 5(2)] 40 days [S. 11(3)] Failure to provide information in stipulated time [S. 7(3)] Fees : Gyan Agnihotri 16 Fees Determination of fee Below poverty line [S. 7(5)] Additional fee to be paid Fee when response is delayed [S. 7(6)] State Information Commission : Gyan Agnihotri 17 State Information Commission Every State Gov shall constitute the SIC [S. 15(1)] Process of constitution Information Officer Hierarchy : Gyan Agnihotri 18 Information Officer Hierarchy State Information Commission Officer senior in rank to the State Public Information Officer State Assistant Public Information Officer State Public Information Officer Appeals : Gyan Agnihotri 19 Appeals First Appeal [S. 19(1)] With the officer senior in rank to the State Public Information Officer Second Appeal [S. 19(3)] With the State Information Commission Reasons for Appeal [S. 18(1)] : Gyan Agnihotri 20 Reasons for Appeal [S. 18(1)] No Information officer Request refused No response Unreasonable fee Incomplete, misleading or false information Powers of State Information Commission : Gyan Agnihotri 21 Powers of State Information Commission Burden of proof on the IO [S. 20 (1)] Fine [S. 20(1)] Disciplinary action [S. 20(2)] Reports : 22 Reports Annual report [S. 25(1)] Guide in official language [S. 26(2)] Gyan Agnihotri Thank you ! : Thank you ! 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