RIGHT TO INFORMATION RIGHT TO INFORMATION ACT 2005ACT 2005

PURPOSEPURPOSE

• Transparency Transparency

• AccountabilityAccountability

ALL CITIZENS SHALL HAVE THE RIGHT TO

INFORMATION

Comes into force 120 days from 15.6.05

RTI includes right to:RTI includes right to:

• Inspect work & recordsInspect work & records

• Take notes, extracts, certified copies Take notes, extracts, certified copies of documents/ recordsof documents/ records

• Obtain information in the form of Obtain information in the form of print outs, floppies, tapes, video print outs, floppies, tapes, video cassettes, other electronic modescassettes, other electronic modes

OBLIGATIONS OF PUBLIC AUTHORITIESOBLIGATIONS OF PUBLIC AUTHORITIES

• Maintain Maintain records catalogued and indexed-> records catalogued and indexed-> computerization, networkingcomputerization, networking

• Publish certain Publish certain particularsparticulars within 120 days within 120 days

• Publish relevant facts while formulating Publish relevant facts while formulating policiespolicies/ decisions / decisions affecting publicaffecting public

• Provide reasons for Provide reasons for administrative/ quasi-judicialadministrative/ quasi-judicial decisions decisions to affected personsto affected persons

• Suo motoSuo moto provide information ->minimize need for provide information ->minimize need for resorting to RTIresorting to RTI

• Form of dissemination-Form of dissemination- easily accessible easily accessible

• In 100 days, designate In 100 days, designate PIOs PIOs and and APIOsAPIOs

• Info should be Info should be free free or at or at cost of mediumcost of medium only only

DISSEMINATIONDISSEMINATION

• Notice boardsNotice boards

• NewspapersNewspapers

• Public announcementsPublic announcements

• Media broadcastsMedia broadcasts

• InternetInternet

• Inspection of officesInspection of offices

• Other meansOther means

PARTICULARS TO BE PUBLISHEDPARTICULARS TO BE PUBLISHED

• Particulars, functions and duties of the organizationParticulars, functions and duties of the organization

• Powers, duties of officers & employeesPowers, duties of officers & employees

• Procedure followed in decision making including channels Procedure followed in decision making including channels of supervisionof supervision

• Norms set for discharge of functionsNorms set for discharge of functions

• Rules, regulations, instructions, manuals, records usedRules, regulations, instructions, manuals, records used

• Statement of categories of documents heldStatement of categories of documents held

PARTICULARS TO BE PUBLISHED PARTICULARS TO BE PUBLISHED ((contd.)contd.)

• Details of arrangement of consultation/ Details of arrangement of consultation/ representation of public in policy formulation or representation of public in policy formulation or implementationimplementation

• Statement of boards, councils, committees Statement of boards, councils, committees constituted as its partconstituted as its part

• Directory of officers and employeesDirectory of officers and employees• Their monthly remuneration Their monthly remuneration • Budget, plans, proposed expenditureBudget, plans, proposed expenditure• Particulars of concession recipientsParticulars of concession recipients• Facilities available for obtaining informationFacilities available for obtaining information• Name, designation, particulars of PIOName, designation, particulars of PIO

(to be updated annually)(to be updated annually)

Role of PIO and APIORole of PIO and APIO

• PIOPIO provides information to anyone provides information to anyone requesting for itrequesting for it

• APIOAPIO receives applications and receives applications and forwards them to PIOforwards them to PIO

Functions of PIOFunctions of PIO• Deal with requests for informationDeal with requests for information

• Offer reasonable assistance to applicantOffer reasonable assistance to applicant

• Provide access-enabling assistance to sensorily Provide access-enabling assistance to sensorily disableddisabled

• Seek assistance from any other officer as considered Seek assistance from any other officer as considered necessarynecessary

• For the purpose of contravention of this act, such For the purpose of contravention of this act, such other officer will be treated as PIO.other officer will be treated as PIO.

FEESFEES• Information should be Information should be free of costfree of cost or at or at

prescribed prescribed cost of medium/printoutcost of medium/printout

• No fees are to be taken from those No fees are to be taken from those below the below the poverty linepoverty line

• If If additional feesadditional fees (cost of providing info) are (cost of providing info) are required, PIO has to give required, PIO has to give calculationscalculations to to information seeker, and details of information seeker, and details of appeal rightsappeal rights

• If If time limitstime limits passed , info to be given free passed , info to be given free

REQUESTS FOR REQUESTS FOR INFORMATIONINFORMATION

• Will be made to PIOWill be made to PIO• To be in writing/ electronic means (if it can’t be To be in writing/ electronic means (if it can’t be

in writing, PIO will assist to reduce oral request to in writing, PIO will assist to reduce oral request to writing) writing)

• In Hindi, English, Official language of the areaIn Hindi, English, Official language of the area• Accompanied by prescribed feeAccompanied by prescribed fee• No reason required No reason required • No personal details required except for No personal details required except for

contactingcontacting• To be transferred to another public authority if To be transferred to another public authority if

pertains to them (in 5 days) pertains to them (in 5 days) applicant to be applicant to be informedinformed

DISPOSAL OF REQUESTS: DISPOSAL OF REQUESTS: TIME-TIME-FRAMEFRAME

• In In 3030 days if direct to PIO days if direct to PIO• In In 3535 days if through APIO days if through APIO• In In 48 hours48 hours if life & liberty at stake if life & liberty at stake• If redirected, in If redirected, in 55 days days• If not given in time, If not given in time, deemed refuseddeemed refused• If If further feesfurther fees required, period required, period

between dispatch of request and between dispatch of request and deposit of fees will not countdeposit of fees will not count

HOW TO DISPOSEHOW TO DISPOSE

• Give the information right awayGive the information right away

• Give on payment of further feesGive on payment of further fees

• Transfer to another Public AuthorityTransfer to another Public Authority

• Refuse with reasons (as per Refuse with reasons (as per exemptions in the Act)exemptions in the Act)

CASES OF REJECTIONCASES OF REJECTION

PIO has to communicatePIO has to communicate

1.1. Reasons for rejectionReasons for rejection

2.2. Allowable period of appeal Allowable period of appeal

3.3. Particulars of Appellate AuthorityParticulars of Appellate Authority

SOME EXEMPTIONSSOME EXEMPTIONS• Prejudices Prejudices sovereigntysovereignty, security, , security,

scientific/economic interests of Indiascientific/economic interests of India• Forbidden to be published by Forbidden to be published by CourtCourt• Breach of privilege of Breach of privilege of legislaturelegislature• Impedes process of Impedes process of investigationinvestigation• Endangers Endangers life or safetylife or safety of anyone of anyone• Involves infringement of Involves infringement of copyrightcopyright

not held by the Statenot held by the State

MORE EXEMPTIONSMORE EXEMPTIONS• Harms competitive position of Harms competitive position of 3rd party3rd party

• Information held in Information held in fiduciaryfiduciary capacity capacity

• In these cases, the competent authority* may disclose In these cases, the competent authority* may disclose the information if the larger public interest so warrantsthe information if the larger public interest so warrants

(*as defined in the Act)(*as defined in the Act)

• PersonalPersonal information information unlinkedunlinked with public activity with public activity

• Resulting in Resulting in invasion of privacyinvasion of privacy of individual of individual

• In these cases, PIO may disclose the information if the In these cases, PIO may disclose the information if the larger public interest so warrantslarger public interest so warrants

Twenty Years Ago…..Twenty Years Ago…..

However, any information about However, any information about events events

which happened 20 years ago is to be which happened 20 years ago is to be

provided, unless the sovereignty of provided, unless the sovereignty of India or India or

contempt of court is at stake.contempt of court is at stake.

SEVERABILITYSEVERABILITY

1.1. If the record contains exempted If the record contains exempted information in parts, PIO can give that information in parts, PIO can give that part part of the record which can be of the record which can be reasonably severed.reasonably severed.

2.2. Notice has to be given to applicant Notice has to be given to applicant stating that info is only part, reasons stating that info is only part, reasons for the decision, details of fees, details for the decision, details of fees, details of right to reviewof right to review

APPEALAPPEAL

• To officer senior in rank to PIOTo officer senior in rank to PIO

• To be preferred inTo be preferred in 30 30 days from days from expiry of period/ date of decisionexpiry of period/ date of decision

• GroundsGrounds

Decision not received in timeDecision not received in time

Aggrieved by decisionAggrieved by decision

THIRD PARTYTHIRD PARTY

If info to be disclosed was supplied in If info to be disclosed was supplied in confidence by a third party, then:confidence by a third party, then:

1.1. In 5 days, invite submission from 3rd In 5 days, invite submission from 3rd partyparty

2.2. Submission to be in 10 daysSubmission to be in 10 days

3.3. Keep submission in mind Keep submission in mind

4.4. Allow disclosure if public interest Allow disclosure if public interest outweighs harm to 3outweighs harm to 3rdrd party party

5.5. Give notice of decision to 3Give notice of decision to 3rdrd party, party, stating his entitlement to appealstating his entitlement to appeal

Information CommissionsInformation Commissions

• Central-Central- Chief Information Chief Information CommissionerCommissioner

• State-State- State Chief Information State Chief Information CommissionerCommissioner

POWERS OF I C sPOWERS OF I C s• Receive complaints regardingReceive complaints regarding1.1. No PIO appointedNo PIO appointed

2.2. PIO refused to accept applicationPIO refused to accept application

3.3. Refused accessRefused access

4.4. Time limit expiredTime limit expired

5.5. Info incomplete or falseInfo incomplete or false

6.6. Any other matter of RTIAny other matter of RTI

• Can initiate inquiryCan initiate inquiry

• Has powers like Civil CourtHas powers like Civil Court

• Appeal to IC is 2Appeal to IC is 2ndnd appeal, in 90 days appeal, in 90 days

• Onus on PIO to prove refusal was justifiedOnus on PIO to prove refusal was justified

POWERS OF I C s (contd.)POWERS OF I C s (contd.)Can require the Public Authority toCan require the Public Authority to

• Provide information Provide information

• Appoint PIOAppoint PIO

• Publish certain infoPublish certain info

• Change practices relating to record Change practices relating to record managementmanagement

• Enhance provision of training on RTIEnhance provision of training on RTI

• Compensate complainantCompensate complainant

• I C can impose penaltiesI C can impose penalties

PENALTIESPENALTIESIF PIO WITHOUT REASONABLE CAUSEIF PIO WITHOUT REASONABLE CAUSE

• Refused to receive applicationRefused to receive application

• Did not furnish info in timeDid not furnish info in time

• With malafide intention denied requestWith malafide intention denied request

• Knowingly gave incorrect info or destroyed Knowingly gave incorrect info or destroyed subject infosubject info

• Obstructed furnishing of infoObstructed furnishing of info

Then…Then…

PENALTIES PENALTIES (contd.)(contd.)

• Rs.250 per dayRs.250 per day up to Rs. 25000 up to Rs. 25000

till application taken/ information till application taken/ information furnishedfurnished

• Also, can recommend Also, can recommend disciplinary disciplinary actionaction against PIO against PIO

REPORTINGREPORTINGEach dept to furnish information annually to CIC Each dept to furnish information annually to CIC

regarding:regarding:• No. of requests receivedNo. of requests received• No. of denialsNo. of denials• No of appeals to ICNo of appeals to IC• Particulars of disciplinary action takenParticulars of disciplinary action taken• Amount of charges collectedAmount of charges collected• Recommendations of reformRecommendations of reform

Based on this, report of CIC will be tabled before Based on this, report of CIC will be tabled before ParliamentParliament

THANK YOU THANK YOU FOR YOUR FOR YOUR PATIENCE!PATIENCE!

Susmita Srivastava, Dy.CAO/G/NWRSusmita Srivastava, Dy.CAO/G/NWR