Rti (1)

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Rti (1)

  1. 1. Presented By:Ninad Kalgutkar – PG-11-017Ravi Parmar – PG-11-038Piyush Singh - PG-11-053Darshan Vedant - PG-11-059Pratik Dighe - PG-11-070
  2. 2. Penalties Section 20(1)- Where the Central Information Commission or the State Information Commission,as the case may be, at the time of deciding any complaint or appeal is of the opinion that the CentralPublic Information Officer or the State Public Information Officer, as the case may be, has, without anyreasonable cause, refused to receive an application for information or has not furnished informationwithin the time specified under sub- section (1) of section 7 or malafidely denied the request forinformation or knowingly given incorrect, incomplete or misleading information or destroyedinformation which was the subject of the request or obstructed in any manner in furnishing theinformation, it shall impose a penalty of two hundred and fifty rupees each day till application isreceived or information is furnished, so however, the total amount of such penalty shall not exceedtwenty- five thousand rupees: Provided that the Central Public Information Officer or the State PublicInformation Officer, as the case may be, shall be given a reasonable opportunity of being heard beforeany penalty is imposed on him: Provided further that the burden of proving that he acted reasonablyand diligently shall be on the Central Public Information Officer or the State Public InformationOfficer, as the case may be. Section 20(2) - Where the Central Information Commission or the State Information Commission,as the case may be, at the time of deciding any complaint or appeal is of the opinion that the CentralPublic Information Officer or the State Public Information Officer, as the case may be, has, without anyreasonable cause and persistently, failed to receive an application for information or has notfurnished information within the time specified under sub- section (1) of section 7 or malafidelydenied the request for information or knowingly given incorrect, incomplete or misleadinginformation or destroyed information which was the subject of the request or obstructed in anymanner in furnishing the information, it shall recommend for disciplinary action against the CentralPublic Information Officer or the State Public Information Officer, as the case may be, under theservice rules applicable to him.
  3. 3. Penalties Section 21- Protection of action taken in good faith.- No suit,prosecution or other legal proceeding shall lie against any personfor anything which is in good faith done or intended to be doneunder this Act or any rule made there under. Section 22 - Act to have overriding effect.- The provisions of thisAct shall have effect notwithstanding anything inconsistenttherewith contained in the Official Secrets Act, 1923 (19 of 1923 ),and any other law for the time being in force or in any instrumenthaving effect by virtue of any law other than this Act. Section 23 - Bar of jurisdiction of courts.- No court shall entertainany suit, application or other proceeding in respect of any ordermade under this Act and no such order shall be called in questionotherwise than by way of an appeal under this Act.
  4. 4. Reporting Requirements Section 25 (1) - The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. (2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. (3) Each report shall state in respect of the year to which the report relates,- a. the number of requests made to each public authority; b. the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; c. particulars of any disciplinary action taken against any officer in respect of the administration of this Act; d. the amount of charges collected by each public authority under this Act;
  5. 5. Power To Make Rules Section 27 (1) - The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- a. the cost of the medium or print cost price of the materials to be disseminated under sub- section (4) of section 4; b. the fee payable under sub- section (1) of section 6; c. the fee payable under sub- sections (1) and (5) of section 7; d. the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub- section (6) of section 13 and sub- section (6) of section 16; e. the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub- section (10) of section 19; and f. any other matter which is required to be, or may be, prescribed.
  6. 6. Myths & Misinformation File nothings are not obtainable – WRONG – No such amendment hasbeen made. All files can be seen and copies can be obtained.RTI is being misused – WRONG – RTI only allows access to informationand can never be misused. It has no such possibilities – Information andTransperancy only hurts the corrupt and inefficient.NGO’s and Corporate cannot seek Information – WRONG – Any personcan seek information and this includes NGO’s, Companies, etc.Information older than 20years cannot be obtained – WRONG – Allinformation/ documents however old they might be can be obtained.Rather if the information is older than 20years then even secretdocuments/ information can be obtained from CBI, Parliament, etc.
  7. 7. If you think that the RTI Act does not affect you, "YOU ARE WRONG!"If you are a citizen of Indian, the RTI Act has given you a lot of power that you can and must use.
  8. 8. For example, next time you ask for a “phone line” or a “waterconnection”, if you use the RTI Act, you can get your work donequickly. You will not have to make 15 trips to the Govt. offices andbribe and beg the officials to get your work done. RTI has changedall that. Though this article we will show you how to use RTI, to getyour work done!Are the roads outside your house terrible, RTI will help you solvethe problem. Is there a problem of un-hygiene in your area, RTI willhelp you solve your problem.If you are young and cannot appreciate all the above points, thenbelieve us that sooner or later you will have to go and get some ofyour work done though Govt. offices. When you do, you willappreciate the power RTI. But, by then it will be too late.

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