Right to information act

Right to information act 2005

1. P R Patil Institute of Pharmacy Talegaon SP Wardha Right to Information Act 2005 Presented By Ashish R. Chaudhari (M.Pharm) Asst. Professor P R Patil Institute of Pharmacy Talegaon SP Wardha

2. What is RTI Act? Provides a legal framework of citizens’ democratic right to access to information under the control of public authorities ; To promote transparency and accountability in the functioning of every public authority

3. W ho i s a P ubli c A u t h ori t y ? “ P u b l i c A u t h o r i t y” m e a n s a ny a u t h or i t y o r institution established or constituted By or under the constitution; By any other law made by Parliament; By any other law made by State Legislature; B y n o ti f i c a t i o n i ss u e d o r o r d e r m a d e by t he a p p r o p ria t e Government and includes any body owned, controlled or substantially financed, non – Government organization substantially financed directly or indirectly by funds provided by the appropriate Government;

4. What does ‘information’ mean ? Records Do cu m e n t s Memos Opinions & advices Press releases Circulars, orders & logbooks Contracts Reports, papers, samples & models

5. Need for RTI Act Because it helps to: Promote openness, transparency and accountability in the working of every public authority. Reduce Corruption Prevent administrative arbitrariness Bride the gap between providers and recipient of public services Make citizens part of decision making Make administrative responsive Strengthen the foundations of democracy

6. Procedure for requesting information Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the Public Information Officer [PIO], specifying the particulars of the information sought for. Reason for seeking information are not required to be given; Pay fees as may be prescribed

7. Application fee Rs. 10/- . If i n fo r m a t i on i s r eq u i r ed i n e le c t r on i c me di a – f l op p y / CD, etc additional charges will be applicable. Photocopy charges of Rs. 2/- per page. I n spe c t i on c h a r g es o f r e l e v a n t f il e s , d o c ume n t s a n d records – No fee for first hour of inspection. Rs. 5/- for every subsequent hour or fraction thereof. FEES AND CHARGES

8. Processing expenses incurred by the Public Information officer to be intimated in writing. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority; No fees from people living below the poverty line. Free of cost if the PIO fails to comply within the time limit as prescribed under the RTI Act. FEES AND CHARGES

9. 30 days if application is filed with the PIO. 35 days in case it is filed with the Assistant PIO. 48 hours in case the matter to which the information pertains affects the life and liberty of an individual. Time limits to get the information

10. P e n a lt i es The penalty levied under the RTI Act at the rate of Rs. 250/- a day, up to a maximum of Rs. 25,000/-, is recovered from the salary of officials.

11. C ov e r a g e RTI Act came into effect on 12 th October 2005. Covers central, state and local governments and all bodies o w n e d , c o n t r o ll e d o r s ub s t a n ti a lly f i n a n ced b y t h e respective Governments; Section 2(h) Non-government organization substantially financed directly o r i n d i re c t ly by f u n d s p r o vi d e d by t h e a p p r o p ria t e government. Section 2 (e) Executive, judiciary and legislature Includes information relating to private body which can be accessed by under any other law for the time being in force. Section 2 (f)

12. What if you don’t get information requested? If you don’t get proper response or requested information from public authority or from its pubic information officer within 30 calendar days, you can file complaint with Information Commission or file an appeal with first appellate authority. Similarly, you can file complaint or appeal (as above) for late response or for demand of cost of information which is unreasonable.

13. Where and how to file first appeal? You will have to move an appeal application along with the prescribed appeal fee. In Maharashtra, it is court fee stamp of INR 20/-. In Central Government offices, there is no fee. First appellate authority is the officer senior to public information officer. On receipt of your appeal, this appellate authority will call an explanation from PIO, might invite you to hear you and will pass an reasonable order within 30-45 days.

14. Where and how to file Second appeal? If you are not satisfied with response of public information officer and order passed on your appeal by first appellate authority of particular public authority, you can file second appeal with State Information Commissioner or Central Information Commissioner, as the case may be. There is no prescribed time limit for getting response or order at this level. Too many cases are piled up with these offices.

15. EXEMPTIONS FROM DISCLOSURE OF INFORMATION National security Sovereignty and Integrity Of India Contempt of court Parliamentary privilege Trade secrecy Fiduciary relationship Foreign government Safety of informer in law enforcement Investigation Cabinet papers Privacy Intellectual Property

16. Abbreviations in RTI Act APIO Assistant Public Information Officer PIO Public Information Officer AA Appellate Authority IC Information Commissioner SIC State Information Commissioner CIC Central Information Commissioner DOPT Department of Personnel & Training

17. Reference A Text book of Pharmaceutical Jurisprudence by Dr. B. S. Kuchekar RTI Act https://rti.gov.in/rtiact.asp