RTI MASTER PPT subject to updates and law of the land

Provisions

1. Right to
Information Act
2005
An Overview

2. 22
RTI is a Fundamental Right…..
Freedom of Information
is
a fundamental human right
&
touchstone for all freedoms
to which
United Nation
is consecrated
[UN General Assembly,1946]

3. 3
RTI is a Fundamental Right…..

People can not speak or express
themselves unless they know......

People are the master in democracy
and master have the right to know how
the governments, meant to serve
them, are functioning…

Every citizen pays taxes. The citizens
therefore have a right to know how there
money is being spent…
[Supreme Court of India : Raj Narayan vs UP]

Article -19 : Freedom of Speech and Expression

Article -21 : Right to Live

4.  To have informed citizenry
 To promote transparency
 To promote accountability
 To contain corruption
To Strengthen Democracy
[ Preamble of the Act ]
Objectives of RTI Act

5. 5
Right to Information ……

Is a pre-condition for Democracy & Good
Governance

Owner of Information is Public and not
Government

Fixes high standards of Accountability
[Preamble]

6. Right to Information ……
But Likely …….
..to Conflict with other Public Interest
Efficient Operation of Govt.
Optimum use of Fiscal Resources
Confidentiality of Sensitive Information
…….Necessitate harmony
SO PROVIDE
“ CERTAIN INFROMATION ”
[ Preamble ]

7. 7
What is Right to Information ?
Right to Information
means
Right to Access
Information
held or under the control
of
Public Authority

8. 8
Public Authority means....
Any authority or body
or institution of self-government
…….. established or constituted

By or under the Constitution

By any other law made by Parliament

By any other law made by State Legislature

By notification issued or order made by the
Appropriate Government [S 2 (h)]

9. 9
Public Authority includes....
body owned, controlled or
substantially financed
non-government organization
substantially financed…….
………directly or indirectly
by funds provided by
Appropriate Government
substantially ? [S 2 (h)]

10. 10

What is Information ?
VERY WIDE COVERAGE !

11. 11
What is information ?
Records, Documents, E-mails, Opinions
Advice, Instructions, Orders Circulars,
Contracts, Memos, Reports, Press Release
Logbook, Samples & Models
Data material held in
electronic form
AND
Any material in any form !
[……EVEN PRIVET BODY]
[ S 2 (F)]
Map ? File noting ? Estimates ?

12. 12
What includes in Record ?
Record includes file,
document, manuscript,
microfiche, microfilm,
facsimile, specimen and
materials produced by
computer or any other
device
[ S 2 (i)]

13. 13
Whose Right to Information ?
Any
Citizen of India
can
Access to Information
under
RTI Act
[ S 2 (f) ]
Age ? A Kashmiri ? Foreigner ?

14. 14
How can information be
accessed under RTI ACT ?
Inspect Work, Record or
Document
Take Notes, Extracts,
Certified Copies
Take Certified Samples
Obtain information in IT
form [ S 2 (f) ]

15. 15
___Which & How Much Information ?___
To Provide
information
is a rule
&
To deny
is
an exception
Principle of
Maximum Disclosure
Minimum Exception

16. 16
INFORMATION
that cannot be given
to the people
is
precisely & narrowly defined
INFORMATION
should be
denied
only
as an exception

17. 17
Exemption from disclosure of information
S 8 (1)(a)S 8 (1)(a)
prejudicially affect
sovereignty and integrity of India
security, strategic, scientific or economic
interests of the State
relation with foreign State
or
lead to incitement of an offence

18. 18
Exemption from disclosure of information
S 8 (1)(b)S 8 (1)(b)
expressly forbidden to be published
by
court of law or tribunal
or
which may constitute contempt of court
S 8 (1)(c)S 8 (1)(c)
cause a breach of privilege
of Parliament or the State Legislature

19. 19
Exemption from disclosure of information
S 8 (1)(d)S 8 (1)(d)
commercial confidence, trade secrets
or intellectual property which would
harm the competitive position of a third
party
S 8 (1)(e)S 8 (1)(e)
information available to a person in his
fiduciary relationship

20. 20
Exemption from disclosure of information
S 8 (1)(f)S 8 (1)(f)
information received in confidence
from Foreign Government
S 8 (1)(g)S 8 (1)(g)
endanger the life or physical safety of
any person or identify the source of
information or assistance given in
confidence for law enforcement or
security purposes

21. 21
Exemption from disclosure of information

S 8 (1)(h)S 8 (1)(h)
impede the process
of
investigation or apprehension
or
prosecution of offenders
S 8 (1)(i)S 8 (1)(i)
S 8 (1)(j)S 8 (1)(j)

22. 22
Exempted Central & State Agencies

Central Agencies : IB, RAW, Revenue &
Economic Intelligence, CBI, BSF, CRPF, UT’s
CIDs, Dir. Of Enforcement, ITBP, Assam Rifles,
CISF [S 24(1)]

State Agencies : CID, SRPF, LIB, LCB, FSL,
State IB, ATS, Border Wing of Home Guard,
Commando unit, Sp. Branches of Home dept. and
CP [S 24(4)]
EX: Allegation of Corruption and HR Violation

23. 23
Responsibility of Public Authority
To APPOINT….

Public Info. Officers in all
administrative units /offices

Asst. Public Info. Officers at
all sub divisional/sub district levels

Appellate Authority who are
senior in rank to the PIOs [S 5 (1) &(2)]

24. 24
Responsibility of Public Authority

Maintain all its records duly catalogued and
indexed

Computerized and connected through a
network all over the country

Publish all relevant facts regarding policies
& decisions

Publish reasons for its administrative or
quasi-judicial decisions. [ s 4 (1) (a) ]

25. 25
Information shall be disseminated widely
in form & manner easily accessible to the
public [ s 4 (2 & 3) ]
To the extent possible in electronic
format available free or at cost [ s 4 (4) ]
Principle of
Right to be Informed
v/s
Right to Information
Responsibility of Public Authority

26. 26
1. Particulars of organization / functions &
duties
2. Powers and duties of officers /employees
3. Procedure followed for decision making
4. Norms set for discharge of functions
5. Rules/regulations/instructions/manuals/records held
6. Categories of documents held by it
7. Arrangements for citizen consultations [ s 4 (1)(b) ]
Items of Pro-Active Disclosure

27. 27
8.Details of Boards, Councils, Committees…
9.Directory of officers and employees
10.Remuneration received by officers/employees
11. Budget, Plan and Expenditure
12.Manner of execution of subsidy programs
13.Concession details
14.Details of material in electronic form
15.Facilities available to citizens
16.Details of PIOs & AAs
17.Such other information as prescribed [ s 4 (1)(b) ]
Items of Pro-Active Disclosure

28. 28
Whom to & How to approach ?
 PIO or APIO personally or by post or by e-
mail
With a written Application & Fee or BPL
Evidence

Application : Form ‘’A” (?)…
in Gujarati, English or Hindi,
Name, Address, Fee details, BPL
Evidence, Information Required,
date, signature..... [ Sec 6 ]

29. 29
PIO is duty bound…..

To provide information immediately but
in no case later then 30 days…within time frame

To assist illiterate & sensorily disabled in
writing down and getting his requirement

To accept application even not related to his office
i.e. other PIO’s

To provide reasons in writing and provision of
appeal with address of AA if he rejects request

30. 30
PIO’s Wall Clock

Immediately !

48 hours where life or liberty is
involved !

Not later then 30 days !

35 days if application transferred

45 days for Central & State Agencies

40 days for third party information

31. 31
Fee Structure Rule 5(1)(a) & 5(1)(b) ]
No Particulars Rs.
1Application Fee (Non refundable) 20=00
2Publication Actual Price
3A4, A3 Size Paper 2=00 per page
4Large Size Paper Actual Cost
5Sample, Model, Photographs Actual Cost
6Record Inspection (1
st
half hr) --- Nil ---
7Record Inspection (each half hr) 20=00
8Floppy / C.D. 50=00

32. 32
Gujarat RTI Rules No.3(1), (2), (3)
Fee
Application Fee
(N.R.)
Information
Fee
Cash
Demand Draft
Pay Order
Cash
Demand Draft
Non-Judicial
Stamp
Pay Order

33. 33
FEES TO BE DEPOSITED TO…
GAD’s vernacular Circular No. Vahas – 2005
– 450 – RTI Cell, Dated 05-01-2006
[Expenditure from State Fund, Income to
State Treasury]
GAD’s vernacular Circular
No. Vahas – 2005 – 450 –
RTI Cell, Dated 17-03-
2006
Demand No.:
------
Institutes like
Local Self Government,
Boards, Corporations who
incur expenditure from
own fund, can deposit the
fees in to their account,
but they shall have to
maintain the accounts
separately
Major Head:
0070 – Other
Administrative Services
Sub-Major Head:
60 – Other Services
Minor Head:
800 – Other receipts
Sub-Head :
(17) – Fees and other
charges under the
Right to information
Act / Rules

34. 34
APIO
Receive
Application Appeal
AA / SICPIO

35. 35
PIO
Receive
Application
[ Direct or through APIO ]
Give
Receipt
Give
Information
Transfer
Application
Reject
Application

36. 36
PIO
Give
Information
Information
With PIO
Himself
Information
With Deemed
PIO
Transfer Reject
Third
Party
Information
SAME
Public
Authority
Information with
OTHER
Public Authority
Person
OTHER THAN
PIO

37. 37
Request
For
Information
To
PIO / APIO
Written
Application
Hard
Copy
Electronic
Means
Fee to be
Paid
(Unless BPL)
Specify
Information
Sought
Need not
Give any
Reasons
Application
Fee
Rs. 20=00
(N.R.)
Fee to
Obtain
Information
To be
paid if
Not to
be asked if
Information
Given
“within time limit”
Information
Given
“after time limit”

38. 38
PIO
Receive
Application
Give
Receipt
of
Application
Give
Information
Seek
Assistance to
render his
duties
Deemed
PIO
Assistance
To
Applicant
Assistance to
Sensorily
Disabled
To access
Information
For
Inspection
Transfer Reject

39. 39
[Section-7(3)(a)]
“Dispatch TO Payment”
Duration Excluded
“Clock Stops”
Hand
Delivery
U.P.C.
R.P.A.D.
Inform
by

40. 40
Section
6(3),7(1)
Provide
Information
Within
30 Days
Within
48 Hours
Life
Transfer
Liberty
Within
5 Days
Reject
As soon
as possible
Part Whole
Inform
Other P.A.
Inform
Other P.A.
Inform
Applicant with details
Inform
Applicant
Inform
Applicant

41. 41
[Section-7(9)]
Provide Information
In the ‘FORM’
in which it is sought
UNLESS
It would Disproportionately
Divert the Resources of P.A.
It would be
DETRIMENTAL
To the SAFETY
of the RECORD
To the PRESERVATION
of the RECORD
Call the Applicant
Personally
Give Information as per
Available Resources
Give option of
Inspection
Give Information
in ‘OTHER FORM’
Section-7(9)

42. 42
DEEMED PIOs ! Please, take care !

Any one whose assistance is sought by PIO is
Deemed PIO

Deemed PIO is supposed to render all
possible help to PIO in furnishing Info…

In case of negligence Deemed PIO will be
treated as PIO --- is held responsible &
punished [ Sec : 5 (4) & (5)]

43. 43
Third Party
A person
other than the citizen
making a request for
information
&
includes a public authority

44. 44
When Third Party
Consultation?
PIO intends to disclose the information

________AND_______
Information is related to or supplied by
Third Party
_______AND_______
Third Party has treated it as confidential

45. 45
Time limit for 3
rd
Party Consultation

Within 5 days of receiving the
application through Regd. AD
notice under intimation to applicant

Third Party is required to respond
within 10 days- written or oral

Additional contact and follow up
thru’ phone, fax are encouraged

46. 46
Third Party does not
respond !
It will be deemed as
Third party
has
no objection
PIO would disclose
the information
requested
by
Applicant

47. 47
If Third Party take‘s’
objection !
PIO
will
weigh it
Against
Public Interest
&
will take decision

48. 48
BUT….PIO will not disclose
INFORMATION…….
PIO will declare only decision that he
intends to disclose the information
&
PIO will Inform
Third Party
About his right of appeal
&
WILL wait “till” the appeal period…..

49. 49
What is Public Interest

The public interest refers to the "common well-
being" or "general welfare”

“something which is of serious concern and benefit to
the public” not merely something of
individual interest

It has also been held that public interest does not
mean “of interest to the public” but “in the
interest of the public” i.e. it serves the interests
of the public

50. 50
Public Interest v/s Protected Interest
Not withstanding anything in the Official Secrets Act,
1923 nor any of the exemptions permissible in
accordance with sub-section (1)
A public authority may allow access to
information if public interest in disclosure
outweighs the harm to the protected interests Sec-
8(2)

51. 51
Provisions for Appeal

First Appeal : Within 30 days to AA
[ but if AA… ]

Decision of First Appeal : Within 30 + 15 days

Second Appeal : Within 90 days to IC
[ but if
IC… ]

Decision of Second Appeal : No time limit
[S:19 (1)]

52. 52
Powers and Function of IC
Receive complaint and appeal
Inquire & Inspect Record
Powers of Civil Court under CPC 1908
Penalty @ Rs. 250 per day to PIO*
Recommend Dept. Proceedings for PIO/
AA/PA* [ * BURDEN of PROOF]
Decision of IC is final, can not be
challenged in the court [Article 32 & 224]

53. 53
Powers and Function of IC

If PIO Without any Reasonable cause

Refuse to receive application

Does not furnish information within specified
time

Malafidely deny request for information

Furnish incorrect, incomplete or misleading
information knowingly

Destroy information requested

Obstructed in any manner furnishing info.
IC SHALL IMPOSE A PENALTY !

54. 54

Sec-21: No suit, prosecution or other legal
proceeding shall lie against any person for
anything which is in “good faith” done or
intended to be done under this act or any rule
made there under

Sec-20(1): Burden of proving that he acted
reasonably and diligently shall be on PIO
Act done in Good Faith…..

55. 55
What is Good Faith?

An act which is not done with due care and
attention it would not be done in good faith [IPC S.52]

Nothing shall be deemed to be done in good faith which is not
done with due care and attention [ Indian
Limitation Act 1908 ]

If a thing has been done negligently though
honestly it would not be deemed to have been done in good
faith [General Clauses Act]
 A thing shall be deemed to be done in good faith where it is in fact
done honestly whether it is done negligently
or not where there is no evidence of express
malice on his part [Essential Commodities Act 1955 ]

56. 56
What is Good Faith?
Act done with honesty and
without deception
Act not in good faith if one of the
parties entered with the intention
of defrauded the other
An act with apparent, pure and
transparent intention

57. 57
Natural Justice
The core elements of natural justice are an
absence of bias, allowing the right to be
heard and the giving of reasons for a
decision
Fair notice of proceedings & equal treatment
opportunity to comment, challenge & answer
Evidence to be considered
Representation can be an issue
Reasons for decision
No person may judge their own case

58. 58
R.T.I. Cell
Deputy Secretary / Section Officer,
RTI Cell,
General Administrative
Department,
Block No. 7, 5
th
Floor,
New Sachivalaya,
Gandhinagar.
Ph. 079 – 23250414
http://gswan.gov.in / rti.htm
S.I.C.
Secretary,
Gujarat State Information
Commission,
1
st
Floor, Economics &
Statistical Bureau,
Sector – 18,
Gandhinagar – 382018.
Ph. 079 –23252702
23252703
23252707
23252966
www.gic.guj.nic.in

59. 59
Caution !
RTI has empowered Civil Society.
Misuse of IT would defeat very
tenets of the act. The efficacy and
effects of a weapon depends on
who wields it and on whom it is
used. The aim of the act is not to
take you to heaven, but to save
you from hell.
-Justice D.S.Sinha
President, Gujarat State HRC

60. 60
Gujarat has fared better than other places,
much needs to be still done in this
direction…
If too many questions are asked in one
petition, it may not be always possible to
set all the information within the
stipulated one month’s time….
At least, in Gujarat all the landmark orders
passed by the Commission have been in
the case of small people who can not
afford the long drawn legal cases.

- R. N. Das, State CIC, Gujarat

61. Thank u