rti power point v 5.0

Background

RTI Act was introduced in Maharashtra & eight other States in 2002.

Central RTI Act was introduced all over India (except Jammu and Kashmir) in 2005.

Currently RTI Act is applicable all over India (including J&K w.e.f. 2009).

RTI Act is guaranteed under Article 19(1) (a) of the Indian Constitution (Freedom of expression).

The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused.

Mahatma Gandhi

Landmark OrderState of UP v Raj Narain (1975)4 SCC 428

In a government of responsibility like ours, where all agents of the public must be responsible for their conduct, there can be

but few secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries….to cover with veil of secrecy the common routine business, is not in the interest of public.

Mathew J. on behalf of the Bench

Preamble of RTI Act

..............to promote transparency and accountability in the working of every public authority............... to contain corruption and to hold Governments and their instrumentalities accountable to the governed.

What is Information ?Information means any material in any form including:

records documents memos e-mails

opinions advices press releases circulars

orders logbooks contracts reports

papers samples models electronic data

and information relating to any private body which can be accessed by a public authority under any other law for the time being in force

Section 2(f)

What is a Public Authority ?“Public Authority" means any authority or body or institution of self- government established or constituted— a) by or under the Constitution; b) by any other law made by Parliament; c) by any other law made by State Legislature; d) by notification issued or order made by the appropriate

Government,

and includes any— i. body owned, controlled or substantially financed; ii. non-Government organisation substantially

financed, directly or indirectly by funds provided by the appropriate Government;

Section 2(h)

What does “Record” mean?

Any document FileAny material produced by a computer or any other device.

Sec. 2 ( i )

What does “Right to Information” mean?

It means the right to access information under this Act which is held by or under the control of any public authority and includes the right to –

Inspection of work, documents, records;Taking notes, extracts or certified copies of documents or records;Taking certified samples of material;Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or any device.

Sec. 2 ( j )

Suo moto disclosure

It is mandatory that every public authority shall maintain records and publish the following –

All records duly catalogued and indexed in a manner which facilitates the right to information under this Act;Particulars of it’s organization, functions and duties;Powers and duties of its offices and employees;

Procedure followed in the decision making process and for accountability;Norms set by it for discharge of it’s functions;Rules, Regulations, instructions, manuals and records, held by it or under it’s control or used by its employees for discharging it’s functions;

Sec 4

Suo moto disclosure (Cont…)


Statement of the categories of documents that are held by it or under its control;Particulars of any arrangement that exists for consultation with, or representation by the members of the public in relation to the formulation of it’s policy or implementation thereof;

Sec 4


A statement of the boards, councils, committees and other bodies….. and minutes of the same;A directory of it’s officers and employees;Monthly remuneration received by each of it’s officers and employees;Particulars of all plans, proposed expenditures and reports on disbursements made;


Manner of execution of subsidy programmes;Particulars of recipients of concessions, permits or authorizations granted by it;Details in respect of the information, available to or held by it, reduced in an electronic form;


Particulars of facilities available to citizens for obtaining information;Names, designations and other particular of the Public Information Officers;Such other information as may be prescribed and thereafter update these publications every year;Provide reasons for its administrative or quasi-judicial decisions to affected persons;

Sec 4


Provide as much information suo moto to the public at regular intervals through various means of communications…. so that the public have minimum resort to the use of this Act to obtain information;Every info shall be disseminated widely and in such form and manner which is easily accessible to the public;All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the info should be easily accessible. Sec 4

Exclusions

Certain info cannot be given if :-It affects the sovereignty and integrity of India Sec 8 (1) (a).

It has been expressly forbidden to be published by any Court of law Sec. 8 (1) (b).

It causes breach of privilege of the Parliament or State Legislature Sec. 8 (1) (c).

Exclusions (Cont…)

Info is held in commercial confidence, trade secrets or intellectual property. Sec. 8 (1) (d).

If info is held in fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such info. Sec. 8 (1) (e).

If info is received in confidence from foreign Govt. Sec. 8 (1) (f).


If the info endangers the life or physical safety of any person…. Sec. 8 (1) (g).

If it impedes the process the investigation or apprehension or prosecution of offenders…. Sec. 8 (1) (h).

Cabinet papers including records of deliberations of the council of Ministers, Secretaries and other officers till decisions on it are taken….. Sec. 8 (1) (i).


Personal info, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual … unless larger public interest justifies the disclosure of such info. …. Sec. 8 (1) (j).

Only info which can be denied to the Parliament or Legislature….. Sec. 8 (1) (k).


If it infringes ‘copyright’. Sec. 9

Reasonable severance of information which is exempt from disclosure. Sec. 10 (1) and Sec .10(2)

Third party information – e.g. Tax returns (unless public interest outweighs interest of the third party ) Sec. 11 (1)

Important

Info should be given in the public interest if it outweighs the harm to the protected interests or anything contained in the Official Secrets Act or contained in any of the exemptions of Sec. 8 (1) of RTI Act 2005.

Sec. 8 (2).

Info should be provided on any event or matter which has taken place 20 years before the date of RTI Application.

Sec. 8 (3)

RTI Application / Appeal systemStep 1 :-

Every Govt. Department has appointed one “Public Information Officer (PIO)” and a higher officer called “First Appellate Authority”.The RTI Application should be addressed to the PIO of that concerned Dept. to which the info relates. The PIO is appointed to provided info on RTI Applications.The PIO is supposed to provide info within 30 days of the receipt of the RTI Application.

RTI Application / Appeal system (Cont…)

Step 2 :-When the applicant is not satisfied with the info provided or when info has been denied in part or whole, then the “First Appeal” need to be filed. It has to be addressed to “The First Appellate Authority” of that concerned Dept. to which the info relates.

The First Appeal should be filed within 30 days from the date when info has been received or should have been received.

The First Appellate Authority (FAA) may call the Appellant and the PIO for a hearing. The FAA should direct the PIO to provide ASAP and / or provide a written Order within 30 days of receipt of the First Appeal.

RTI Application / Appeal system (Cont…)

Step 3 :-If the Appellant is not satisfied with the info then provided or denied, then he may file a Second Appeal with the Chief Info. Commissioner within the 90 days from the date when info has been received or should have been received.

If still satisfactory response is not received by the appellant, he may approach the High Court in writ petition.

Examples of State Govt. Depts.

Municipal Corporation / Municipal Council

Collector

Police Dept.

Departments existing in Mantralaya

Depts. controlled / formed by the State Govt. etc.

Examples of Central Govt. Depts.

Railways

Airlines (Government run) / Airports etc.

Passport Offices

Banks (Private and Public)

Departments controlled / formed by the Central

Govt. etc.

Agencies excluded from RTI Act.Intelligence Bureau ;RAW ;DRI ;Central Economic Intelligence Bureau ;Directorate of Enforcement Narcotics Control Bureau ;Aviation Research Centre ;Special Frontier Force ;BSF ;CRPF ;ITBP ;CISF

NSG ;Assam Rifles ;Special Service Bureau ;CID (Special Branch) – Andaman Nicobar;Crime Branch Dadra & Nagar HaveliSp. Branch Lakshadweep Police.

RTI Applications / Appeals for State Govt. Depts.

Fill the RTI Application Form (i.e. Annexure A) and affix Rs. 10 Court Fee Stamp.Take a xerox of the filled Application Form and either hand deliver it or send it by “Copy Letter” system of a Courier Co. so that you get a stamped and signed acknowledgement of the same.For filing First Appeal, fill the first Appeal Form (i.e. Annexure B), then affix Rs. 20 Court Fee Stamp and then follow the same procedure as in point no. 2 above.Avoid sending the Application / Appeal by ordinary post as far as possible.

RTI Applications / Appeals for State Govt. Depts. (Cont…)

Info / First appeal Order should be received by the appellant within 30 days of filing of First Appeal. If info received is unsatisfactory or info is denied then Second Appeal (Annexure C) can be filed to the State Information Commissioner within 90 days.Charges and other procedure for filing Second Appeal remains the same as for First Appeal.

RTI Applications / Appeals for Central Govt. Depts.

Fill the RTI Application Form (i.e. Annexure A). Either enclose a money order or DD or Pay Order or IPO of Rs. 10 along with the application.Take a xerox of the filled Application Form and either hand deliver it or send it by “Copy Letter” system of a Courier Co. so that you get a stamped and signed acknowledgement of the same.For filing First Appeal, fill the first Appeal Form (i.e. Annexure B). There is no charge for filing the First and Second Appeal. Other procedures remain the same.

RTI Applications / Appeals for Central Govt. Depts. (Cont…)

Avoid sending the Application / Appeal by ordinary post as far as possible.Info / First appeal Order should be received by the appellant within 30 days of filing of First Appeal. If info received is unsatisfactory or info is denied then Second Appeal (Annexure C) can be filed to the Central Information Commissioner within 90 days.

Penalty, Denial & Compensation under RTI Act

PIO can be penalized by CIC/SIC only u/s 20 of the RTI Act i.e. @ Rs. 250 per day of delay or malafide denial of information. Up to a Maximum limit of Rs. 25000/-. [Note: FAA has no jurisdiction to impose Penalty].

Section 19(8) gives power to CIC/SIC to grant compensation to the appellant.

Repeated and mala fide denial of information by a PIO can result in a negative remark in his / her Annual Confidential Report (ACR).

Framing of Questions

Never ask questions like

what, why, when etc.

Applications will get dismissed straight away

Instead always start with:

Provide copy of.Provide circulars.Provide minutes.Provide samples.Provide GR.Provide file noting.

RTI Application Form (Annexure A)

To, Public Information Officer, __ DepartmentAddress.

1. Full name of the applicant : .2. Address : 3. Subject matter of information :-- 4. The period to which the information relates : From __ till __.5. Description of the information required : 6. Whether information is required by post or in person : By Post.7. In case by post (Ordinary, Registered or Speed) : By Registered Post.8. Whether the applicant is below poverty line : No

RTI First Appeal Form (Annexure B)

To,The First Appellate Authority,__ DepartmentAddress.1. Full name of the appellant : 2. Address : 3. Particulars of the State / Central Public Information Officer : 4. Date of receipt of order appealed against (if order passed) : 5. Last date for filing the appeal : 6. The grounds for appeal :7. Particulars of information :8. Nature and subject matter of the information required : 9. Name of the Office or Department to which the information relates:Encl :-- 10.Copy of my RTI Application dated _________________.11.Reply recd. from the PIO, dtd ______________, recd. by me on date___ .

RTI Second Appeal Form (Annexure C)

To :-The Chief Information Commissioner,Address

1. Full name and Address of the Appellant :- 2. Particulars of State / Central Public Information Officer :- 3. Particulars of First Appellate Authority :- 4. Date of receipt of the order appealed against :- 5. Last date of filing the appeal :- 6. The grounds of appeal :- 7. Prayer :--

RTI Second Appeal Form (Annexure C) (Contd..)

8. Particulars of information :- 9. Nature and subject matter of the information required :-- 10.Name of the Office or Department to which the information

relates :-- Encl. :-- Copy of my RTI Application dated________ . Ref. No. _________,

received by the PIO on date __________.Copy of the reply received from PIO, dated_________ , received

by me on date_______. Copy of the reply received from Appellate Authority dtd._____

______, recd. by me on _________.

Charges for informationIf information is received within 30 days of filing of application then :-

Rs. 2 / page – A4/A3 paper sizeRs. 50 / CDAs per actuals for plans / samples etc.For inspection of records – 1st Hr is free, then Rs. 5 for every

subsequent 15 mins.For Courts - Refer Bombay High Court RTI Rules

If information is received after 30 days, no charges are to be paid.

Mode of payment

For Maharashtra State Rs. 10/- Court Fee Stamp for RTI application. Rs. 20/- Court fee Stamp for 1st & 2nd Appeal.

For Central Public Authorities: BC/DD/IPO in favour of “Accounts Officer” of

designated authority. NOTE: No Fees applicable for 1st & 2nd appeals.

For Courts, Western & Central Railways Please check respective RTI Rules.

Court fee stamp as RTI fees in Maharashtra

Indian Postal Order [IPO]

Western & Central Rly. RTI fees in Maharashtra

Please remember….

Right to Information Act 2005 [RTI] is a powerful tool in the hands of the citizens; it is up to the citizens to use it in a responsible manner and for a bona fide purpose only. Frivolous use or use with the intention of harassment or personal gain will defeat the very objectives of this Act.

Important links

http://tinyurl.com/4RTIForms

http://box.net/HandyRTIFormats

http://tinyurl.com/RTILandmarkOrders

Created by- G. R. Vora

Special thanks to- Mohammed Afzal,- Sunil Ahya,- Krishnaraj Rao.

Any Questions ???

Some tips and links for PIOs and FAAs

Transfer the application to the concerned dept. within the same PA or another PA (5 days should be added to the reply time).

Sec 5(4), Sec 5(5) and Sec 6 (3)

Info should be provided ASAP (not later than 30 days).Sec 7 (1)

Info to be provided within 48 hours if it affects life and liberty of a person.

Sec 7 (1)

Tips and links….

• "If the applicant has wrongly sought info u/s 7 (1)[ i.e. under the life and liberty clause ] then the application should be processed as a normal RTI application and info be provided within 30 days. The applicant should immediately be informed of the same."

Tips and links….

Provide reasonable assistance to the applicant.Sec 5 (3) and Sec 6 (1)

Provide calculation of the fees charged for providing info.

Sec 7 (3)Should provide reasons (by quoting appropriate exemption clause) if info is to be denied.

Sec 7 (8) (i)

PIO may seek clarification by mail or e-mail or phone

PIO and the FAA should mention the matter provided by the Applicant under the heading “Subject matter of information”

Reply should not pre-dated

Tips and links …..

Tips and links ……

PIO should promptly inform the Applicant of the transfer and the name, designation and address of the officer to whom it has been transferred along with the contact details of the FAA.

If the information could not be provided to the Applicant, then reasons should be stated.


The PIO should provide the name, designation and address of the Appellate Authority in the reply to the Applicant.

When the PIO has not provided any information without justification, then too there is no need for the FAA to call the Appellant and the PIO for a hearing.


The FAA, while providing the Order to the Appellant should mention the designation and the contact details of the Second Appellate Authority.

The PIO and the FAA should provide reply / Order to the Applicant in the language in which the Applicant has used in the Application.


Should provide point-wise reply;

The FAA should provide point-wise replies in the Order;

Copies of the replies / order provided to the applicant should be authenticated by rubber-stamping and signing the reply / order;


Kindly ensure that the records are duly cataloged and maintained so as to facilitate the easy inspection and observation ;

Kindly ensure that the files, registers or any other info-storage material is well protected.


If the file / documents sought are missing / lost or untraceable, then ………

1. Search the file ;2. Re-construct the file ;3. Lodge a Police Complaint (FIR).

If in doubt whether to disclose info or not, then the info should be disclosed if it is in the larger public interest or if has to be disclosed to the Parliament or the legislature.


Some useful Links :--

http://tinyurl.com/ImpSecForPIOandFAA (This link has important Sections of RTI Act, Tips and details of landmark RTI Orders).

http://tinyurl.com/LandmarkRTIOrders (This link has landmark RTI Orders from SICs, CICs and Courts).

http://tinyurl.com/RTIGRsCirculars ( This link has important GRs and Circulars from Maharashtra Govt and Central Govt on RTI Act.)

Created by- G. R. Vora

Special thanks to- Mohammed Afzal,- Sunil Ahya,- Krishnaraj Rao.

Any Questions ???

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