Challenges Of Implementing Rti In Government Space


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Challenges Of Implementing Rti In Government Space

  1. 1. The Right to Information Act,2005 The salient features Prof. K. Subramanian Director, ACIIL, IGNOU Consulting IT Adviser to CAG EX-DDG(NIC), Min of C & IT
  2. 2. What is the RTI Act? A comprehensive legislation that  confers statutory rights on citizens to seek information from public authorities The right to information is derived from  our fundamental right of expression under Article 19 of the Constitution RTI Implementation challenges in 2 26-2-2009 Governance space
  3. 3. When does it come into force? The Right to Information Act comes into  force all over the country on October 12, 2005 It was tabled in Parliament on  December 23,2004 and was passed on May 12,2005 Received President’s assent on June  15,2005. RTI Implementation challenges in 3 26-2-2009 Governance space
  4. 4. What is exempt? The Act is not applicable to the State of  Jammu and Kashmir Not applicable to intelligence and  security agencies like the IB,RAW,BSF etc. Exempts all documents of the cabinet  and council of Ministers RTI Implementation challenges in 4 26-2-2009 Governance space
  5. 5. Key Provisions Preamble/Purpose  Who can seek information?  From whom can one seek information?  Procedure for seeking information?  Denial of Information?  Penalties  RTI Implementation challenges in 5 26-2-2009 Governance space
  6. 6. Purpose and reason practical regime of right to information  for citizens to secure access to information under the control of public authorities,the Constitution of a Central and State Information Commissions and for matters connected therewith and incidental thereto. RTI Implementation challenges in 6 26-2-2009 Governance space
  7. 7. What is information? 2(f) quot;informationquot; means any material in any  form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form 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; RTI Implementation challenges in 7 26-2-2009 Governance space
  8. 8. Public authority 2(h) quot;public authorityquot; 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 RTI Implementation challenges in 8 26-2-2009 Governance space
  9. 9. Public authority (continued) 2(h)(d) by notification issued or order made  by the appropriate Government, and includes any— (i) body owned, controlled or substantially  financed; (ii)  non-Government organization  substantially financed, directly or indirectly by funds provided by the appropriate Government RTI Implementation challenges in 9 26-2-2009 Governance space
  10. 10. Definition : record 2(i) quot;recordquot; includes— (a) any  document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device; RTI Implementation challenges in 10 26-2-2009 Governance space
  11. 11. Section 3: Right to information Subject to the provisions of this Act, all  citizens shall have the right to information RTI Implementation challenges in 11 26-2-2009 Governance space
  12. 12. Section 4: Obligations of public authorities Maintenance of records…  Publication of information…  Endeavour to provide suo moto info to  public at regular intervals through internet and other means,so the use of this Act is minimal RTI Implementation challenges in 12 26-2-2009 Governance space
  13. 13. Section 4(1)(a):Mandatory Computerisation All records to be duly catalogued and  indexed to facilitate the right to information under this Act and ensure that all records that can be computerised are computerised and connected through a network all over the country on different systems so that access to such records is facilitated RTI Implementation challenges in 13 26-2-2009 Governance space
  14. 14. Section 5:Designation of Public Information Officers All administrative offices of public  authorities have to appoint Public Information Officers May also appoint assistant public  information officers at sub-division or sub-district level RTI Implementation challenges in 14 26-2-2009 Governance space
  15. 15. Section 6:Request for obtaining information No reason is to be given for making a  request Nor any personal details to be provided  other than necessary for contacting the applicant RTI Implementation challenges in 15 26-2-2009 Governance space
  16. 16. Section 7:Disposal of request As expeditiously as possible,and in any  case within 30 days of the request or reject the request for any of the reasons specified in sections 8 or 9 RTI Implementation challenges in 16 26-2-2009 Governance space
  17. 17. Section 8: Exemptions from disclosure of information 10 categories of exemption have been  provided In spite of the official secrets act. A  public authority may allow access to information if the public interest in disclosure outweighs the harm to the protected interest RTI Implementation challenges in 17 26-2-2009 Governance space
  18. 18. Section 9:Grounds for rejection to access in certain cases …..where such a request for providing  access would involve an infringement of copyright subsisting in a person other than the State. RTI Implementation challenges in 18 26-2-2009 Governance space
  19. 19. Section 10 : Severability Access may be provided to part of the  information if another part of the information is exempted under section 8 or 9 RTI Implementation challenges in 19 26-2-2009 Governance space
  20. 20. Section 11: Third party information Third party must be given notice that  information is to be disclosed in case of confidentiality RTI Implementation challenges in 20 26-2-2009 Governance space
  21. 21. Section 12:Constitution of Central Information Commission Constituted by Central Government  Notified in the Gazette  Chief Information Commissioner  Upto 10 Central Information Commissioners  Appointed by the President ,recommended by  committee of PM,leader of opposition and one Union Cabinet Minister nominated by the PM RTI Implementation challenges in 21 26-2-2009 Governance space
  22. 22. Section 18:Powers and functions of Commissions Receive and inquire into complaints  Has the powers of a civil court  May examine any record,and no record  shall be withheld from it on any grounds RTI Implementation challenges in 22 26-2-2009 Governance space
  23. 23. Section 20: Penalties ….upto Rs 250/- per day  Not exceeding Rs 25,000/-  Also disciplinary action under the  service rules applicable RTI Implementation challenges in 23 26-2-2009 Governance space
  24. 24. Section 22: Act to have overriding effect The provisions of this Act shall have  effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923),and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. RTI Implementation challenges in 24 26-2-2009 Governance space
  25. 25. Section 23:Bar of jurisdiction of courts No court shall entertain any  suit,application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. RTI Implementation challenges in 25 26-2-2009 Governance space
  26. 26. Section 24:Act not to apply to certain organisations Act not to apply to intelligence and  security agencies But information pertaining to  corruption and human rights violations shall not be excluded under this section RTI Implementation challenges in 26 26-2-2009 Governance space
  27. 27. Section 25:Monitoring and reporting Annual reports on implementation of  this Act Items to be covered: number of  requests,number of denials,appeals,disciplinary actions,recommendations.. RTI Implementation challenges in 27 26-2-2009 Governance space
  28. 28. Section 26:Appropriate Government to prepare programs Educational programs  Dissemination of information  RTI Implementation challenges in 28 26-2-2009 Governance space
  29. 29. Challenges in Implementation Open coverage of time, depth , subject  Automation necessitated-How Far & How  much? Exemptions-Security, defence and  restricted? Relevance and need of the petitioner?  Time of answer: Complexity, depth, multi  years? RTI Implementation challenges in 29 26-2-2009 Governance space
  30. 30. Challenges in Implementation Decisions of the past, present & future  Accountability, Transparency and  Notings in files Archival Complexity-if not digitized.  People Complexity-Serving & Retired &  transfered RTI Implementation challenges in 30 26-2-2009 Governance space
  31. 31. FOR FURTHER  INFORMATION PLEASE CONTACT :- E-MAIL:;   91-11-23219857  Fax:91-11-3235446  Office of the CAG,  10, B.Z. Marg,  New Delhi-110002  RTI Implementation challenges in 31 26-2-2009 Governance space
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