RTI Presentation Act and how to apply and Appeal.pptx

RTI

1. PRESENTATION ON RIGHT TO INFORMATION ACT, 2005

2. What is Right to Information ACT,2005? RTI CAME INTO FORCE ON THE 12 TH OCT,2005. Rights to information means the statutory right of a citizen of India to seek information from government and public sector offices, institutions and non-government organisations which are situated in India and are owned, controlled or substantially financed by funds provided directly or indirectly by central government or state government, regarding their functions and activities. It also includes the right to- Inspect works, documents, records, Take notes, extracts or certified copies of documents or records, Take certified samples of material, Obtain information in the form of disketters , 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.

3. What does information mean? Any material in any form including, Records Documents Memos Press release Circulars, orders & logo books Contracts Repots, papers, samples and models Data material held in any electronic form and information related to any private body which can be assessed by public authority .

4. OBJECTIVES OF RTI ACT,2005 The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. Thus, this act passed with the following objectives:- To provide for setting out 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 the working of every public authority. To set up central information commission and state information commission for the matters concerned therewith.

5. SAILENT FEATURES OF RTI ACT,2005 This Act may be called RTI ACT,2005 This Act defines ‘ Appropriate Government ’ which may be termed as public authority. This public authority is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the central Government or the Union Territory or State Government. The Act extends to the whole of India except Jammu & Kashmir (SINCE AUGUST 5, 2019 AFTER ARTICLE 370 REVOKED this act extended to whole of India). All citizens shall have the right to information, subject to provisions of the Act. Fee will be payable by the applicant depending on the nature of information sought. Certain categories of information have been exempted from disclosure under Section 8 and 9 of the Act. The amount of fee deposited by the applicant for the seeking information shall have to be returned, if information is not furnished within specified period.

6. Public Authority means any authority or body or institution 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 and includes any Body owned, controlled or substantially financed, Non-government organization substantially financed directly or indirectly by funds provided by the appropriate government; WHO IS PUBLIC AUTHORITY? P rivate authority is not covered directly under the RTI Act , it is covered indirectly where a person can file to the Government entity or the public authority under which the Private entity has been registered.

7. Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. Constitution of Public Information Officers As per RTI Act - Sec-5(1&2)

8. The State Information Commission shall consist of— (a) The State Chief Information Commissioner, and (b) Such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of— ( i ) The Chief Minister, who shall be the Chairperson of the committee; (ii) The Leader of Opposition in the Legislative Assembly; and (iii) A Cabinet Minister to be nominated by the Chief Minister. Constitution of State Information Commission As per RTI Act - Sec-15(1)

9. The Central Information Commission shall consist of— (a) The Chief Information Commissioner; and (b) Such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of— ( i ) The Prime Minister, who shall be the Chairperson of the committee; (ii) The Leader of Opposition in the Loksabha (iii) A Union Cabinet Minister to be nominated by the Prime Minister. Constitution of Central Information Commission As per RTI Act - Sec-12(1)

10. Procedure of Obtaining information Under RTI,ACT CITIZEN PUBLIC INFORMATION COMMISSION APPELLATE AUTHORITY CENTRL/STATE INFORMATION COMMISSION WRIT IN HIGH COURT ASK FOR FEES PAYMENT OF FEES REQUEST FOR INFORMATION INFORMATION (WITHIN 30 DAYS) REFUSE REFUSE REFUSE First Appeal (within 30 days) Second Appeal (within 90 Days)

11. Procedure of Obtaining information Under RTI,ACT

12. The Rights conferred on Citizens i. Make a request to PIO or APIO - 6(1) ii. Choose medium of request - 6(1) iii. Choose language of request - 6(1) iv. Seek reasonable assistance while seeking information - 5 ( 3) - Sensorily disabled can seek appropriate assistance in inspection - 7 (4) v . S e ek h elp f o r w r i t in g r equest - 6(1)(b) vi. Need not state reasons for request - 6 (2) As per RTI Act vii. S e e k e x em pt i on s f r o m p a ym e n t o f f ee 7(5) I nspection of work, documents, records taking notes, extracts, o r certified copies of documents or records taking certified samples of material obtaining information in th e form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts 2(j)

13. ix. Receive information, if request is transferred - 6 (3) (ii) x. Presumption of refusal - 7( 2 ) The Rights conferred on Citizens As per RTI Act xi. Know costing details 7(3),10(2)(d) xii. Waiver of costs-to BPL Applicants 7(5) xiii. Free of charge-if furnished after stipulated time 7(6) xiv. Reasons for rejection of request 7(8) ( i ) xv. Know details to proceed with appeal 7(8) (ii) (iii) xvi. Review the fee charged towards cost 7(3)(b),10(2) (e) xvii. Partial access to records with reasons on limits to access 10 (2)(e) xviii. Demand 3 rd party information& for procedure 11 (Cont..)

14. xx. First Appeal 19(1) Complaint against refusal/ rejection of request or denial of access etc.- 18(1) xxi. Second Appeal 19(3) Influence penalty against PIO 20(1) Force burden of proof on PIO 19(5),20 (1) Influence disciplinary action against PIO 20(2) S e ek In f orm a t i on in a pa r t i c u la r f orm 1 9( 8 ) ( a ) ( i ) Claim Compensation 19(8)(b) The Rights conferred on Citizens As per RTI Act (Cont..)

15. Maintenance of records Computerization of records Networked all over the country - Sec 4 (1) (a) Proactive Disclosure of Information Update information provided under these 17 Sub-clauses - Sec 4 (1) (b) Publish all relevant facts while formulating policies or announcing the decisions which affect public. - Sec 4(1) (c) Provide reasons for its administrative or quasi-judicial decisions to affected persons. - Sec 4(1)(d) Dissemination of Information - Sec 4 (2),(3)(4) If the application pertains to other PA transfer the same and intimate the applicant within 5 days .- Sec 6(3)(ii) Obligation of Public Authorities As per RTI Act Designate PIOs / APIOs- Sec 5 (1) & (2)

16. Notice Boards Newspapers Public announcements Media broadcasts Internet Any other means including inspection of offices of any public authority. Public Library Means of Dissemination As per RTI Act - Section4(4)

17. Shall deal with requests& render reasonable assistance to the persons seeking information - 5(3) Receive applications for information with fee - 6(1) ( b) Render reasonable assistance in writing RTI appln . - 6(1) ( a) If the application pertains to other PA transfer the same and intimate the applicant- 6(3) ( ii) Shall render reasonable assistance to the sensorily disabled persons in inspection - 7(4) Responsibilities of Public Information Officers As per RTI Act Seek the assistance of any other officer, if necessary, for proper discharge of duty as PIO- 5(4) The Officer whose assistance is sought is deemed to be the PIO in respect provisions where assistance is sou g h t . - 5 ( 5 )

18. Check whether the Information is an exempted one under sections 8, 9, & 24/ third party information Responsibilities of Public Information Officers Furnish Information/ Reject on sufficient grounds.- 7(1) As per RTI Act Shall verify the Application for the following: In writing- 6(1) In English, Hindi or official language of the Area - 6(1) Specified the particulars of information sought - 6( 1 ) ( b) Accompanied by fee or BPL Certificate- 6(1 ) ,7( 1) ,7 ( 5) (cont..)

19. D ispos al of R equest : W ith in 30 d a ys in gen e r a l c a s es 7( 1 ) W ith in 48 hours, where the information sought for concerns the life or liberty of a person - 7 ( 1) Send intimation to the applicant about the fee to be paid for furnishing the information - 7 ( 3) The period intervening between the dispatch of the intimation and payment of fees shall be excluded- 7 ( 3 ) ( a ) Calculations made to arrive at the fee s hall also be furni s hed 7(3 ) (a ) ,10 ( 2) ( d) Responsibilities of Public Information Officers (Remember the Applicant is having right to review the fees charged and to go for appeal on that.) 7(3)(b), 10(2)(e) As per RTI Act (cont..)

20. If the PIO fails to furnish the information with in stipulated time the same shall be provided free of charge 7 ( 6 ) If PIO rejects the request for information, reasons must be stated , referring relevant sections. 7(8)(i) Time limit for appeal, details of AA also to be informed. 7 ( 8 ) (ii ) ( iii) [ Remember, if the decision on the reques t is not given in time, the request to be deemed to have been refused by the PIO. ] 7(2) Responsibilities of Public Information Officers As per RTI Act (cont..)

21. If the information requested pertains to third party, PIO shall give a written notice to the third party within 5 days. 11(1) The third party must be given a chance to make a representation within 10 days. 11(2) If Public Interest outweighs, PIO can furnish information though the Third party is not willing, by following the due procedure. 11(1) & 8(j) Third Party Information: First party The person submitting an application or appeal Second party The public authority responsible for processing the application Third party Any other person or body, including another public authority As per RTI Act Section – 2(n)

22. Section 11(1) states that where a third party needs to be consulted a written notice must be sent within 5 days advising that they can make a submission to the PIO regarding disclosure of their information. The third party has 10 days from receipt of the notice to make a submission. Section 7(1) requires a PIO to make a decision within 30 days of receipt of a request, or 48 hours where the information relates to a person’s life or liberty. However, s.11(3) clarifies that, notwithstanding anything in s.7, if a third party has been given an opportunity to make representation, then the PIO has up to 40 days within which to make a decision. If the PIO does not intend to release the information, then the third party does not need to be consulted. A rejection notice will be issued to the requester. Criteria 1: The PIO must be intending to disclose the information Criteria 2: The information which may affect third party interests Criteria 3: The information has been treated as confidential by the third party If all 3 criteria discussed are met, then s.11(1) requires that the PIO must follow the procedure of Section 11 Third Party Information Cont …

23. CICs judgement on 3 rd  party info The Central Information Commission (CIC) in its 2006 judgement has said that 3rd parties have no absolute right to refuse information disclosure about it. In the case of K.K. Mahajan v/s  Cantonment Executive Office CIC Judgement No: CIC/AT/A/2006/00014, dated 22/5/2006, the appellant in the case who was an employee of a public authority, had applied for some information relating to the prosecution of another employee (third party), because under similar circumstances the appellant was convicted while the other employee was exonerated. The public authority refused to provide him the information he had asked for on the ground that the third party had refused the disclosure of information about it to the applicant. Judgment: The CIC held that the RTI Act 2005 does not give a third party an automatic right to order the public information officer (PIO) of a public authority, not to disclose information pertaining to it. Third Party Information Cont ….

24. EXEMPTION FROM DISCLOSURE OF INFORMATION Information disclosure of which affect the sovereignty and integrity of india or the intelligence and security organization or any information furnished by such organization to government- 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. I nformation the disclosure of which would cause a breach of privilege of Parliament or the State Legislature. 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; information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; information received in confidence from foreign Government information, the disclosure of which would 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 As per RTI Act Sec- 8(a) Sec- 8(b) Sec- 8(c) Sec- 8(d) Sec- 8(e) Sec- 8(f) Sec- 8(g)

25. information which would impede the process of investigation or apprehension or prosecution of offenders; cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers 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 Information which cannot be denied to the Parliament or a State Legislature shall not be denied top any person. Subject to the provisions of clauses (a), (c) and ( i ) of sub-section (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 under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. EXEMPTION FROM DISCLOSURE OF INFORMATION As per RTI Act Sec- 8( i ) Sec- 8(h) Sec- 8(j) Sec- 8(3) Sec- 8(j) Sec- 8(3)

26. The Central Information Commission is an autonomous body set up to inquire into complaints received from citizens You can complain that you have been refused access to information. You can also complain about how the public authority has handled your request, for instance; + failure to respond to your request within 30 working days (or failure to explain why an extension to the 45 days is needed) + failure to give you proper advice and help within the stipulated time + failure to give information in the form in which you asked for it + failure to properly explain reasons for refusing your request, for instance if the public authority believes that giving you information would harm a criminal investigation. Central Information Commission What can I complain about?

27. Appeal - Time limits RTI request is the application process while RTI appeal is the appellate procedure against the decision on RTI application. The appeal is only filed when the citizen is not satisfied with the reply of PIO or PIO rejects the citizen’s request for information to Such officer who is senior in rank to the PIO in each public Authority. The third party has a right to make an appeal to the Departmental Appellate Authority against the decision of the PI0  and if not satisfied with the decision of the Departmental Appellate Authority, a second appeal to the concerned Information Commission. Sec-11(4) 1st appeal to Appellate Authority - in 30 days to be disposed in 30 days 2nd appeal to I.C. - in 90 days Disposal Time Limit not indicated As per RTI Act - Section- 19

28. PENALTY OF RTI ACT,2005 Where the information commission, at the time of deciding any complaint or appeal is of the opinion that the public information officer, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information ,it shall impose a penalty of Rs.250/day till application is received or information is furnished subject to the total amount of such penalty not exceeding Rs.25000. As per RTI Act - Section- 20