agni (action for good governance and networking in india) presentation by
TRANSCRIPT
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AGNI (Action for Good Governance and Networking in India)
Presentation by
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AGNI (Action for Good Governance and Networking in India)
What is Right to Information?
• Recognized by the Supreme Court as a part of Right to Freedom of Speech.
• People have a right to ask for information.
• It is the duty of the government and public bodies to provide this information.
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AGNI (Action for Good Governance and Networking in India)
How information helps
Information helps to:
• Increase Transparency
• Increase Accountability
• Reduce Corruption
• Increase Efficiency
• Increase Participation
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AGNI (Action for Good Governance and Networking in India)
Maharashtra Right to Information Act, 2002
• Notified on 11th August, 2003, with retrospective effect from September 23, 2002
• Nine States in India have Acts on RTI
• MRTI is one of the best Acts
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AGNI (Action for Good Governance and Networking in India)
What information can you ask for?
• Information regarding affairs of the government or any Public Authority.
• Any information available to Parliament / State Legislature.
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AGNI (Action for Good Governance and Networking in India)
Suo Moto Disclosures
Particulars of organization
• Functions and duties
• Rules & regulations
• Facilities for obtaining information
• Details of Public Information Officers etc
Particulars of projects undertaken
• Eg. benefits, expected time for completion etc
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AGNI (Action for Good Governance and Networking in India)
Information exempt from disclosure
• Which affects national security, international relations or lead to incitement of offence. - Special Committee to decide
• Has been forbidden by law, Official Secrets Act
• Commercial information eg. trade secrets etc
• Personal information or service records
• Which endangers life or safety of a person
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AGNI (Action for Good Governance and Networking in India)
Other grounds for refusal
Even if not exempted, information may be refused if:
• Already published in Official Gazette
• Required by law to be published at a particular time
• Volume is too large
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AGNI (Action for Good Governance and Networking in India)
Exempted information can be disclosed
• When in larger public interest – eg. commercial / personal information.
• When it can be severed from an exempted document.
• After the decision is taken or deemed to have been taken.
• Pertains to a matter 15 years before request.
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AGNI (Action for Good Governance and Networking in India)
How to ask for information
• Every department has one or more Public Information Officers (PIOs)
• Written applications to be made to the PIO on plain paper in format
• Court fee stamp of Rs. 10/- on application
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AGNI (Action for Good Governance and Networking in India)
Fee Structure
The price fixed + postage charges (unless collected personally)
50 paise per page + postage charges (unless collected personally)
If information readily available
Rs. 2/- per page + postage charges (unless collected personally)
If information needs to be collected
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AGNI (Action for Good Governance and Networking in India)
When to expect a response
Within 15 working days, the PIO has to either:
• Supply the information.
• Reject the request and communicate the reasons.
• Communicate if additional fees required
• Communicate if additional 15 days required.
Imp: Within 24 hours if involves life and liberty of a person
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AGNI (Action for Good Governance and Networking in India)
Rejection of requests
If rejected on certain grounds, the PIO must communicate within 15 days:
• Reasons for rejection
• Time within which appeal can be made
• Person to whom appeal is to be made (First Appellate Authority)
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AGNI (Action for Good Governance and Networking in India)
Appeals
First Appeal
To be made to the first Appellate Authority within 30 working days, on plain paper in a format with court fee stamp of Rs. 20/- if:
• No communication from PIO within 15 working days
• Aggrieved by the order of the PIO
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AGNI (Action for Good Governance and Networking in India)
Appeals…..contd
Second Appeal – if aggrieved by order of 1st Appellate Authority
• To Lok Ayukta or Up-Lok Ayukta (in format as 1st appeal)
• Decision is final
All appeals to be disposed off within 30 working days
(or extended period of further 30 days )
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AGNI (Action for Good Governance and Networking in India)
Penalties
• Rs. 250/- per day of delay
• Rs. 2000/- if knowingly wrong, misleading information given.
• Disciplinary Action can also be taken
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AGNI (Action for Good Governance and Networking in India)
Monitoring of the Act
• State - level Council
• Councils in every Revenue Division
• Councils are to meet at least once in six months
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AGNI (Action for Good Governance and Networking in India)
Competent Authority
Competent Authority means:
• Heads of Administrative Departments
• Registrar of Co-operative Societies / Societies
• Charity Commissioner / Commissioner of Labour
• Secretary of MPSC
• Registrar of Lok Ayukta and Up-Lok Ayukta
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AGNI (Action for Good Governance and Networking in India)
Duties of Competent Authority
• Appoint PIOs
• Serve as First Appellate Authority
• Maintain records
• Publish details of organizations
• Communicate facts about any projects
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AGNI (Action for Good Governance and Networking in India)
Public Authority
Means any body:
• Constituted / controlled / owned by any State or Central Law
• Receiving aid from government
• Whose functions are of public interest
• Whose office bearers are appointed by the government.
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AGNI (Action for Good Governance and Networking in India)
Summing Up
• 1st STEP Application to PIO
• 2nd STEP Appeal to 1st Appellate Authority
• 3rd STEP Appeal to 2nd Appellate Authority (Lok Ayukta / Upa
Lok Ayukta)