RTI UPSC Training Centre Presentation 2013

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Lecture Delivered by Prof. V. Y. Dhupdale at the Lecture Series at SC/ST UPSC Coachinng Classes at Ambedkar Centre, Shiovaji University, Kolhapur.

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RIGHT TO INFORMATION ACT, 2005:

RIGHT TO INFORMATION ACT, 2005 By Prof. V. Y. Dhupdale Asst. Prof., Deptt. Of Law, Shivaji University, Kolhapur

CONTENTS:

CONTENTS CHAPTER – I RIGHT TO INFORMATION ACT, 2005 Salient Features of RTI Act, 2005 Statement of Objects and Reasons Preamble of the Act Important Provisions Section 1 – Short title, extent ant commencement Section 2 – Definitions 2(f) “information” 2(h) “public authority” 2(i) “record” 2(j) “right to information” 2(n) “third party”

Contents…Contd…:

Contents …Contd… Chapter – II RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES Sec. 3 – Right to Information Sec. 4 – Obligations of Public Authorities Sec. 5 – Designation of Public Information Officers Sec. 6 – Request for obtaining information Sec. 7 – Disposal of Request Sec. 8 – Exemption from disclosure of information Sec. 9 – Grounds for rejection to access in certain cases Sec. 10 – Severability Sec. 11 – Third party information

Contents…Contd…:

Contents …Contd… Chapter – III THE CENTRAL INFORMATION COMMISSION Sec. 12 – Constitution of central Information Commission Sec. 13 – Term of office and conditions of service Sec. 14 – Removal of Chief Information Commissioner or Information Commissioner

Contents…Contd…:

Contents …Contd… Chapter – IV THE STATE INFORMATION COMMISSION Sec.15 – Constitution of State Information Commission Sec. 16 – Term of office and conditions of service Sec. 17 – Removal of State Chief Information Commissioner or State Information Commissioner

Contents…Contd…:

Contents …Contd… Chapter – V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES Se. 18 – Powers and Functions of Commission

CHAPTER – I:

CHAPTER – I RIGHT TO INFORMATION ACT, 2005 Salient Features of RTI Act, 2005 Statement of Objects and Reasons Preamble of the Act Important Provisions Section 1 – Short title, extent ant commencement Section 2 – Definitions 2(f) “information” 2(h) “public authority” 2(i) “record” 2(j) “right to information” 2(n) “third party”

RIGHT TO INFORMATION ACT, 2005:

RIGHT TO INFORMATION ACT, 2005

Salient Features of RTI Act, 2005:

Salient Features of RTI Act, 2005 Replaced Freedom of Information Act, 2002. Jammu and Kashmir has separate Right to Information Act – RTI, 2009. RTI relaxes restrictions placed by Officials Secrets Act, 1923. 3 Levels – Public Information Officer, First Appellate Authority and Central Information Commission (CIC). Time period for Public Information Officer: Expeditiously or within 30 days from the date of receipt by public authority.

Salient Features of RTI Act, 2005…Contd… :

Salient Features of RTI Act, 2005 … Contd… Maximum time gap for 1 st Appeal: 30 days since limit of supply of Information is expired. Time period for Appellate Authority: within 30 days or in exceptional cases 45 days from the date of receipt by the public authority. Maximum time gap for 2 nd Appeal: 90 days since limit of supply of information is expired. RTI act also asks for computerisation and proactively publish Information. Bodies applicable under RTI: Constitutional bodies at centre and State (Legislature, Executive,

Salient Features of RTI Act, 2005…Contd…:

Salient Features of RTI Act, 2005 … Contd… Judiciary), bodies / NGOs owned / financed by government, privatised public utility companies. Bodies excluded under RTI: Central Intelligence and Security Agencies, agencies of State specified through notification. The exclusion is not absolute. Central Information Commission shall consists of: 1 Chief Information Commissioner and upto 10 Central Information Commissioner. The Chief Information Commissioner shall hold office for a term of fine years from the date on which he enters upon his office and shall not be eligible for re-appointment. The Act has 31 sections and 6 Chapters. Section 8 deals with Information exempted under the purview of this Act.

Statement of Objects and Reasons:

Statement of Objects and Reasons Ensure greater and more effective access to Information To make the Freedom of Information Act, 2002 more progressive To carry out important changes recommended by National Advisory Council. Important changes include: Establishment of Appellate Machinery with Investigating powers to review decisions of PIO. Penal Provisions for failure to provide information. To ensure maximum disclosure and minimum exemptions. To Repeal the Freedom of Information Act, 2002. To recognise Right to Information ensured under Art. 19 of Constitution.

Preamble of the Act:

Preamble of the Act To provide setting out the practical regime of Right to Information for citizens. To secure access to information under the control of public Authorities. To promote Transparency and Accountability in working of public authority. To constitute Central and State Information Commissions Constitution establish democratic Repblic.

Preamble of the Act…Contd…:

Preamble of the Act … Contd… Democracy requires an informed citizenry and Transparency of information. To Contain Corruption and to hold Governments and their instrumentalities accountable to the governed. Enacted in the Fifty-sixth year of the Republic of India.

Important Provisions:

Important Provisions Sec.1 – Short title, extent and commencement . Right to Information Act, 2005. Extends to whole of India except the State of J & K. (J & K has a separate RTI Act, 2009). Sec. 2 – Definitions (Some Important ones). 2(f) “information ” – Any material in any form. Such as – records, documents, memos, e-mails, opinions, etc. and information relating to any pvt. body accessed by public authority. 2(h) “public authority” – means any authority / body / Institution of self-govt. established-

Definitions…Contd…:

Definitions …Contd… By or under Constitution of India; By any other law made by Parliament; By any other law made by State Legislature; By notification issued or order made by Appropriate Government. 2(i) “Record” – Includes- Document, manuscript and file Microfilm, microfiche and facsimile copy of document. Reproduction of image or images in such microfilm; and Any other material produced by computer; etc.

Definitions…Contd…:

Definitions …Contd… 2(j) “Right to Information ” – Includes right to- Inspection of work, documents, records; Taking notes, extracts, or certified copies of documents or records; Taking certified samples of material; Obtaining information in the form of diskettes, floppies, tapes, video cassettes, etc. 2(n) “third party” – means a person other than the citizen making a request for information and includes a public authority.

Chapter – II RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES:

Chapter – II RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES Sec. 3 – Right to Information: Every citizens shall have RTI. Sec. 4 – Obligations of Public Authorities: Every public authority shall- Maintain all its records duly catalogued and indexed – records should be appropriate – computerised – network all over country – to facilitate access. Publish within one hundred and twenty days from the enactment- Particulars of its organisation, functions and duties.

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…Contd…:

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES … Contd… Powers and duties of its officers and duties; Procedure followed in decision making process, including channels of supervision and accountability. Norms set by it; The rules, regulations, instructions, manuals and records, held by it or under its control; A statement of the categories of documents that are held by it. The particulars of any arrangement that exist for consultation with, or representation by, the members of the public in relation to the formulation of its policy. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies…

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…Contd:

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES … Contd A directory of its officers and employees. The monthly remuneration received by each of its officers and employees, etc. The budget allocated to each of its agency, indicating the particulars of all plants, proposed expenditure and reports. The manner of execution of subsidy programmes, including the amounts allocated, and the details of the beneficiaries. Particulars of recipients of concessions, permits or authorisations granted by it. Details in respect of the information, available to or held by it, The particulars of facilities available to citizens for obtaining information, including working hours of a library or reading room, if maintained for public use.

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…Contd:

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES … Contd the names, designations and other particulars of the Public Information Officers; Such other information as may be prescribed, and thereafter update these publications every year; Publish all relevant facts while formulating important policies or announcing the decisions which affect public. Provide reasons for its administrative or quasi judicial decisions to affected persons. It shall be a constant endeavour of every public authority to take steps in according with the requirements of the Act to provide as much information suo motu to the public at regular intervals.

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…Contd:

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES… Contd Every information shall be disseminated widely and in such form and manner which is easily accessible to the public. All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area, etc.

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Sec. 5 – Designation of Public Information Officers (PIOs ): Every public authority shall within 100 days of enactment, designate as many officers as Central Public Information Officers (CPIO) or State Public Information Officers (SPIO) – in all administrative units / offices. Every public authority shall designate an officer within 100 days of enactment – at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officers (CAPIO) or State Assistant Public Information Officers (SAPIO)

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Sec. 6 – Request for obtaining Information: Sec. 6 deals with obtaining information by a person who makes a request in- writing or through electronic means in English or Hindi or in official language of the area, with prescribed fees, to the CPIO or SPIO of concerned public authority. Or To the CAPIO or SAPIO as the case may be.

PowerPoint Presentation:

Addressed to the PIO Fees: In cash against receipt or DD or Banker’s cheue or Indian Court Fee Stamp of Rs. 10/- Other details of the Applicant Particulars of Information required FORM –A Sec. 6(1)

PowerPoint Presentation:

Application for Information under Section 6(1) of the Act To, The Public Information Officer (Name of the office with address) 1. Full name of the applicant: 2. Father’s/Spouse’s name: 3. Permanent address: 4. Particulars of information acquired: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 5. Address to which information is to be sent and the form in which it is desired. 6. Is this information not made available by the Public Authority? 7. Are you ready to pay the prescribed fee? 8. Whether the applicant belongs to BPL category? If yes, have you furnished proof of the same? 9. Whether information is solicited by registered post? If yes please enclose an envelope alongwith requisite postal stamp/s. Full Name and Signature of the Applicant. Place: Date FORM –A Sec. 6(1)

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Sec. 7 – Disposal of Request: CPIO or SPIO shall within 30 days of receipts of requests either provide the information on payment of such fees as may be prescribed or reject it for any of the reasons specified in Sec. 8 and 9.

FORM – B:

FORM – B Information for Payment From, Name and Designation of the PIO, To, Name of the applicant Address Sir, Please refer to your application dated ………..addressed to the undersigned requesting information on ……….. I am to inform you that the following amount towards the fees for providing information may be deposited to enable the undersigned to furnish the said information. Please make payment within a period of fifteen days from the date of receipt of this information failing which the application shall be rejected. Yours faithfully, Place: Public Information Officer. Date: Seal

…Disposal of Request…Contd…:

… Disposal of Request… Contd … If the CPIO/SPIO fails to give decision – it shall be deemed to have been refused the request. If further fees – intimation to applicant it – asking to deposit it - time taken for this is excluded from the 30 days period. Fees in any form shall be reasonable. No fees from BPL applicants. If PIO fails to provide information within 30 days – he has to furnish it free of cost.

…Disposal of Request…Contd…:

… Disposal of Request… Contd … Rejection – should be intimated as follows: The reasons for rejection. Period within which appeal may be preferred; and The particulars of the appellate authority. Information to be provided in the form it is sought.

FORM – B:

FORM – B Intimation of rejection To, Name of the applicant. Address Sir, The undersigned regrets to express his inability to furnish the information asked for on account of the following reasons: 1. It comes under the exempted category covered under section 8 and 9 of the Act. 2. The information sought by you pertains to judicial proceedings which can be obtained under existing Bombay High Court Rules. 3. Your application was not complete in all respects. 4. The information is contained in published material available to the public. 5. You did not pay the prescribed fee for providing the information within the prescribed time. 6. The information sought is prohibited as per section 24 (4) of the Act. 7. The information would cause unwarranted invasion of the privacy or any person. 8. The information as sought by you is available on our website ………………… You may download the information. 9. For any other reason (please specify) __________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ However, if you feel aggrieved by the above said refusal you may file an appeal before the ________________ within 30 days of the receipt of this letter. Place: Name and Designation of Date: Public Information Officer

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Sec. 8 Exemption from Disclosure of Information: There shall be no obligation to give any citizen- Information – affecting sovereignty and integrity of India – Security, Strategic, Scientific or economic interest of State - Relation with foreign State – or lead to incitement of an offence. Information expressly forbidden to be published by Court or Tribunal – or disclosure may constitute contempt of Court. Information disclosure may cause breach of privilege of Parliament or State Legislature.

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Information including – commercial confidence, Trade Secrets, or Intellectual Property – unless authority is satisfied that larger public interest warrants disclosure. Information available to a person, in his fiduciary relationship – unless authority is satisfied that larger public interest warrants disclosure. Information received in confidence from foreign government. Information disclosure may endanger the life or physical safety of any person – or identify sources of information or assistance given in confidence for law enforcement or security purposes. Information would impede process of investigation or apprehension or prosecution of offenders. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers. Provided the decision of the Council of Ministers – is taken amd made public and the matter is complete.

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Personal information – if no relation to public activity or interest – or would cause invasion of privacy – unless CPIO/SPIO or appellate authority is satisfied that larger public interest justifies disclosure. Provided – even in the Official Secret’s Act, 1923 – a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. Any information relating to occurrence, event or ,matter which has taken place, occurred or happened 20 years before the application date under Sec. 6 shall be provided.

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… Sec. 9 – Grounds for Rejection to access in certain cases: Sec. 9 says that, if a request for information involves an infringement of copyright subsisting in a person other than a State, it may be rejected. Sec.10 – Severability : In part of the information exempted from disclosure can be separated, it may be disclosed – provided PIO shall inform the applicant by saying- Only part information is disclosed Reasons for the decision

RTI and Obligations of Public Authorities…Contd…:

RTI and Obligations of Public Authorities …Contd… The name and designation of person giving decision Details of fees calculated Right to review of decision regarding non-disclosure of the exempted portion Sec. 11 Third Party Information: Sec. 11 deals with the third party information: If information is provided by third party and it is treated confidential by that party, then PIO shall within 5 days give notice to third party that he intends to disclose the information and invite the third party to make a submission, whether it is to be disclosed or not. Such submission must be kept in view while taking the decision about disclosure of information.

Chapter – III THE CENTRAL INFORMATION COMMISSION (CIC):

Chapter – III THE CENTRAL INFORMATION COMMISSION (CIC) Sec.12 – Constitution of CIC : Chapter III deals with the constitution of the CIC. Central Government has to constitute CIC to exercise the powers conferred. The CIC shall consist of- Chief Information Commission and Such number of Central Information Commissioners not exceeding 10.

THE CENTRAL INFORMATION COMMISSION (CIC)…Contd… :

THE CENTRAL INFORMATION COMMISSION (CIC )…Contd… The Chief IC and IC shall be appointed by the President on the Recommendations of a Committee consisting of – Prime Minister – Chairman of the Commission Leader of Opposition in Lok Sabha and Union Cabinet Ministers to be nominated by the Prime Minister. Qualification of Chief IC: Shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, Journalism, mass media or administration and governance. Shall not be a member of Parliament or Legislature. Shall not hold any office of profit.

THE CENTRAL INFORMATION COMMISSION (CIC)…Contd… :

THE CENTRAL INFORMATION COMMISSION (CIC )…Contd… Head Quarters of CIC shall be at Delhi; The other CIC may have H.Q. at other places. Sec.13 – Term of office and conditions of service: Chief Information Commissioner – holds office for 5 years and shall not be eligible for re-app. He cannot hold the office after attainment of 65 years, whichever is earlier. Same Qualification and terms for Information Commissioner. But every Information Commissioner after vacating office is eligible to be appointed as Chief Information Commissioner. Provided – his term of office shall not be more than 5 years in aggregate as the Information Commissioner and Chief Info. Comm.

THE CENTRAL INFORMATION COMMISSION (CIC)…Contd…:

THE CENTRAL INFORMATION COMMISSION (CIC )…Contd… Resignation: CIC or IC – may resign at any time by writing to the President. Other service conditions of CIP and same as the Chief Election Commissioner. Other service conditions of IP shall be same as Election Commission. Sec. 14 – Removal of CIC or IC: CIC or IC shall be removed only by an order of President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference by President to it.

THE CENTRAL INFORMATION COMMISSION (CIC)…Contd…:

THE CENTRAL INFORMATION COMMISSION (CIC )…Contd… Till the reference from Supreme Court is decided, President can suspend CIC or IC from office. The President may by order remove from office the CIC or any IC if he is- Adjudged an insolvent; or Has been convicted fo offence involving moral turpitude; or Engages during the term in any paid employment outside the duties of his office. Is unfit to continue in office be reason of infirmity of mind or body; or Has acquired such financial or other interest as is likely to affect prejudicially his functions as the CIC or IC. If the CIC or IC, is concerned or interested in any contract or agreement made by or on behalf of the Govt. of India – may amount to misbehaviour.

Chapter – IV THE STATE INFORMATION COMMISSION:

Sec. 15 – Constitution of State SIC: Chapter IV deals with the Constitution of the SIC. Every State Government to Constitute a SIC. The SIC shall consist of the State Chief Information Commissioner (SCIC); and State Information Commissioner (SIC), not exceeding 10. The SCIC and SIC shall be appointed by the Governor on the recommendation of a Committee consisting of- Chief Minister – Chairperson of the Committee Leader of the Opposition in Legislative Assembly A Cabinet Minister to be nominated by Chief Minister. Chapter – IV THE STATE INFORMATION COMMISSION

THE STATE INFORMATION COMMISSION…Contd…:

THE STATE INFORMATION COMMISSION …Contd… Sec. 16 – Term of office and conditions of service: Holds office for 5 years or till attaining 65 years. Not eligible for re-app. Other conditions are same as CIC or IC. Sec. 17 – Removal of SCIC or SIC: Proved mis-behaviour or incapacity after Supreme Court’s Decision referred by Governer. Governer may suspend SCIC or SIC from office during pending SC decision. Governor may remove SCIC or SIC if: Insolvent; or Guilty of an offence involving moral turpitude; or

THE STATE INFORMATION COMMISSION…Contd…:

THE STATE INFORMATION COMMISSION …Contd… Engage in any paid employment outside office; or Unfit to continue in office due to infirmity of mind or body; or Acquired financial or other interest which may affect his functioning. Concerned or interested in any contract or agreement made by Govt. of state in profit or benefit – may amount to misbehaviour.

Chapter – V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND PENALTIES:

Chapter – V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND PENALTIES Sec. 18 – Powers and Functions of Commission: This section speaks about powers and functions of information commission. It is the duty of CIC or SIC to receive and inquire into a complaint from any person who has been refused information. Sec. 19 – Appeal: This section deals with the Appeal. Any person, who does not receive a decision within the specified time, or is aggrieved by a decision of the CPI Officer or the SPI Officer, can within 30 days prefer an appeal to such officer who is senior in rank

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND PENALTIES…Contd…:

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND PENALTIES …Contd… Sec. 20 – Penalties: This section deals with penalties under this Act for guilty person. If any CPIO or the SPIO, has without any reasonable cause, refused to receive an application for information or has not furnished information within time or malafidely denied the request, or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject matter of information or Obstructed in furnishing the information, A penalty of Rs. 250/- each day till application is received or information is furnished, However,, the total of such penalty shall not exceed Rs. 25,000/-

Chapter VI MISCELLANEOUS:

Chapter VI MISCELLANEOUS Sec. 21 – Protection of action taken in good faith: No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith under this Act or rule. Sec. 23 – Bar of jurisdiction of courts: No court shall entertain any suit, application or other proceeding in respect of any order made under this Act. Sec. 24 – Act not to apply to certain organizations: This Act shall not apply to the intelligence and security organisations specified in the II schedule. Provided that the information relating to corruption and human right violations shall not be excluded under this provision.

MISCELLANEOUS…Contd…:

MISCELLANEOUS …Contd… Sec. 25 – Monitoring and Reporting: The CIC or SIC shall as soon as practicable after the end of the year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the Appropriate Government.

THE SECOND SCHEDULE (See Section 21):

THE SECOND SCHEDULE ( See Section 21 ) INTELLEGENCE AND SECURITY ORGANISATIONS ESTABLISHED BY THE CENTRAL GOVERNMENT Intelligence Bureau. Research and Analysis Wing of the Cabinet Secretariat. Directorate of Revenue Intelligence. Central Economic Intelligence Bureau. Directorate of Enforcement Narcotics Control Bureau Aviation Research Centre Special Frontier Force Border Security Force Central Reserve Police Force (CRPF) Indo-Tibetan Border Police Central Industrial Security Force National Security Guards Assam Rifles Special Service Bureau Special Branch (CID), Andaman and Nicobar The Crime Branch – CID – CB, Dadra and Nagar Haveli Special Branch, Lakshadweep Police

Merits and Demerits of RTI Act, 2005:

Merits and Demerits of RTI Act, 2005 Merits or Advantages: Empowers Public . Reduces corruption . Right to Information Act not only ensures democratic elements in administration but it is also expected to improve efficiency and increase promptness and speedy action in administration. Transparency in Government Administration Easy to file a complaint No Reason required for any enquiry and deadline for every information ensures delivery. Makes the bureaucracy smoother and responsible as  all administrative offices of public authorities have to appoint `Public Information Officers (PIO). Information ACT for the basic level Citizens. Upgradation of most of the government offices to ensure RTI, by making websites and installing the files on the internet just like Malaysia.Thereby reducing paperwork. Demerits or Disadvantages: Less awareness. Government itself violating by not allocating funds for awareness of RTI act in the initial years. Used Mostly in Urban Areas Corruption might reduce but most of the corruption goes behind the scene not visible to public.So for RTI to implement one must know where and how to use itT. Technology benefits only for the educated class, poor uneducated still remain a host to such problems

Conclusion:

Conclusion The bottom line is RTI is a very useful and perhaps a much needed act for India as its democracy is falling apart under the weight of corruption.

PowerPoint Presentation:

Thank You Students

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