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Right to Information: a fundamental
            human right



             Md Abu Shaham
              10MBA-18
            AMU MC KERALA
What is RTI Act 2005?
 Central legislation
 Grants access to information held by a public
 authority
 Flows from two fundamental rights enshrined in
 the Constitution:
   Article 19-Freedom of speech and expression
   Article 21-Right to life and liberty
 Enacted: 15 June 2005 Enforced: 12 October 2005
What is information?
any material in any form:
records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data
material in any electronic form, information relating
to any private body which can be accessed by a
   public
authority
File notings: are accessible unless they fall under the
exempted category [Section 2 (f), (i) and (j)]
What is a record?
a) Document, manuscript, file
b) Microfilm, microfiche, fax
c) Reproduction of film or images
embodied in such a film
d) Any other material produced by a
computer or other electronic devise
Right to information means the
right to:
 Inspect works, documents, records
 Take notes, extracts, certified copies of documents
 and records
 Take certified samples of material
 Access information in the following forms:
    printouts,    diskettes,     floppies,   tapes,
    videocassettes and other electronic mode
  [Section 2 (j)]
Who      can    you                    demand
information from?
  Public Authority:
Any institution/authority/body of self-government
established or constituted:
     By or under the Constitution
     By any law made by Parliament
     By any law made by State Legislature
Body owned/controlled/substantially financed; NGO
substantially financed by government [Section 2 (h)]
Electronic Management of Records
 Every public authority shall –
  maintain all its records duly catalogued and
 indexed in a manner and the form which facilitates
 the right to information under this Act and ensure
 that all records that are appropriate to be
 computerized are, within a reasonable time and
 subject to availability of resources, computerized
 and connected through a network all over the
 country on different systems so that access to such
 records is facilitated [ Section 4 (1)]
Section 4: the spirit of RTI 2005
“It shall be the endeavour of every public
authority…to provide as much information suo
moto to the public at regular intervals through
various means of communication…so that the
public have minimum resort to the use of this
Act to obtain information”
[Section 4 (1)]
Exempted Information
 Section 8 of the Act deals with information that
 cannot be disclosed unless the larger public
 interest warrants the same
 Information dating to event/matter twenty years
 back shall be provided
 Public interest in disclosure overrides restricting
 that information
PIOs: Who are they and what are
their obligations?
  Public Information Officers are designated in every
  public authority to provide information to
  requisitioners
  Their Duties:
     Respond to information requests
     Render all reasonable assistance including
     reducing requisition in written format
     If requested information is with another PA, the
     PIO will transfer the requisition within 5 days and
     inform the requisitioner immediately
[Section 6]
Duties of PIO
 Respond to a requisition within 30 days:
    Provide information on payment of fee
    Reject the requisition with reasons
    If information concerns life or liberty of
    requisitioner, respond within 48 hours
 If the PIO fails to do any of the above within 30
 days, s/he shall be deemed to have refused the
 request
  [Section 7]
When information is rejected:
 The PIO will have to communicate to the
 applicant:
    The reasons for the rejection
    The period within which the appeal should be
    made
    Particulars of the appellate authority
  [Section 7 (8)]
Can you                  ask          for         partial
disclosure?
 In case of providing partial access to information:
     Reasons
     Names of PIOs who took the decision
  [Section 10 (1)]
 If information has been supplied by a third party/ third
 party treats the information as confidential, the PIO will:
     Give a written notice to the third party within 5 days of
     date of request to make a representation
     Third party will get 10 days to make a representation
  [Section 11]
Penalty
 The CIC/SCIC shall impose a penalty of Rs 250/-
 per day
 Total amount will not exceed Rs 25,000
   Not furnishing information in 30 days
   Misleading the applicant
   Providing wrong information
   Not publishing information suo motu
   Not computerizing data and uploading on website
 [Section 18]
How do you                    request         for
information?
 Keep the questions short and specific
 Details of IOs now available on website u/s 4(1)
 (b)
 Duty of PA to ensure that the application reaches
 the correct PIO
 No need to give reasons for making the requisition
 No prescribed application format: some PAs have
 their own form but cannot enforce compliance
Fee that you have to pay: Central
   Rs 10 has to be deposited along with the
   application form
   Rs 2 has to be paid for every page of
   information sought
   Actual cost price for any samples or models
   For inspection of records, no charge for the first
   hour: but a charge of Rs 5 for every 15 minutes
   thereafter
   Actual cost price for paper larger than A3 size
   Rs 50 for information provided on a diskette
   For information in printed form, the price fixed
   for the publication
Fee: Delhi
 Requisition to be accompanied by Rs 10 payable
 by cash/demand draft/banker’s cheque to the
 Accounts Officer:
   Rs 2 per page created or copied
   Actual cost or price for models or samples
   For inspection of records, no fee for the first
   hour; Rs 5 for each subsequent hour or fraction
   thereof
   Rs 50 for information on diskette or floppy
   For information in printed form, at price fixed
   for publication or Rs 2 per photocopied extract
Appeals Process:
 Format
 Documents
 Procedure in deciding the appeal
 Service of notice by the Commission
 Personal presence of appellant/complainant
 Order of the Commission
CCS focus: DTP and ICTs for
RTI
 Suggestions for suo motu disclosure of
 information to DoPT
 Duty to Publish Index: 37 points of compliance
 Movement towards suo motu disclosure:
   Publish frequently requested information
   Publish information that has been disclosed under the
   RTI Act
THANK U

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RTI

  • 1. Right to Information: a fundamental human right Md Abu Shaham 10MBA-18 AMU MC KERALA
  • 2. What is RTI Act 2005? Central legislation Grants access to information held by a public authority Flows from two fundamental rights enshrined in the Constitution: Article 19-Freedom of speech and expression Article 21-Right to life and liberty Enacted: 15 June 2005 Enforced: 12 October 2005
  • 3. What is information? any material in any form: records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material in any electronic form, information relating to any private body which can be accessed by a public authority File notings: are accessible unless they fall under the exempted category [Section 2 (f), (i) and (j)]
  • 4. What is a record? a) Document, manuscript, file b) Microfilm, microfiche, fax c) Reproduction of film or images embodied in such a film d) Any other material produced by a computer or other electronic devise
  • 5. Right to information means the right to: Inspect works, documents, records Take notes, extracts, certified copies of documents and records Take certified samples of material Access information in the following forms: printouts, diskettes, floppies, tapes, videocassettes and other electronic mode [Section 2 (j)]
  • 6. Who can you demand information from? Public Authority: Any institution/authority/body of self-government established or constituted: By or under the Constitution By any law made by Parliament By any law made by State Legislature Body owned/controlled/substantially financed; NGO substantially financed by government [Section 2 (h)]
  • 7. Electronic Management of Records Every public authority shall – maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated [ Section 4 (1)]
  • 8. Section 4: the spirit of RTI 2005 “It shall be the endeavour of every public authority…to provide as much information suo moto to the public at regular intervals through various means of communication…so that the public have minimum resort to the use of this Act to obtain information” [Section 4 (1)]
  • 9. Exempted Information Section 8 of the Act deals with information that cannot be disclosed unless the larger public interest warrants the same Information dating to event/matter twenty years back shall be provided Public interest in disclosure overrides restricting that information
  • 10. PIOs: Who are they and what are their obligations? Public Information Officers are designated in every public authority to provide information to requisitioners Their Duties: Respond to information requests Render all reasonable assistance including reducing requisition in written format If requested information is with another PA, the PIO will transfer the requisition within 5 days and inform the requisitioner immediately [Section 6]
  • 11. Duties of PIO Respond to a requisition within 30 days: Provide information on payment of fee Reject the requisition with reasons If information concerns life or liberty of requisitioner, respond within 48 hours If the PIO fails to do any of the above within 30 days, s/he shall be deemed to have refused the request [Section 7]
  • 12. When information is rejected: The PIO will have to communicate to the applicant: The reasons for the rejection The period within which the appeal should be made Particulars of the appellate authority [Section 7 (8)]
  • 13. Can you ask for partial disclosure? In case of providing partial access to information: Reasons Names of PIOs who took the decision [Section 10 (1)] If information has been supplied by a third party/ third party treats the information as confidential, the PIO will: Give a written notice to the third party within 5 days of date of request to make a representation Third party will get 10 days to make a representation [Section 11]
  • 14. Penalty The CIC/SCIC shall impose a penalty of Rs 250/- per day Total amount will not exceed Rs 25,000 Not furnishing information in 30 days Misleading the applicant Providing wrong information Not publishing information suo motu Not computerizing data and uploading on website [Section 18]
  • 15. How do you request for information? Keep the questions short and specific Details of IOs now available on website u/s 4(1) (b) Duty of PA to ensure that the application reaches the correct PIO No need to give reasons for making the requisition No prescribed application format: some PAs have their own form but cannot enforce compliance
  • 16. Fee that you have to pay: Central Rs 10 has to be deposited along with the application form Rs 2 has to be paid for every page of information sought Actual cost price for any samples or models For inspection of records, no charge for the first hour: but a charge of Rs 5 for every 15 minutes thereafter Actual cost price for paper larger than A3 size Rs 50 for information provided on a diskette For information in printed form, the price fixed for the publication
  • 17. Fee: Delhi Requisition to be accompanied by Rs 10 payable by cash/demand draft/banker’s cheque to the Accounts Officer: Rs 2 per page created or copied Actual cost or price for models or samples For inspection of records, no fee for the first hour; Rs 5 for each subsequent hour or fraction thereof Rs 50 for information on diskette or floppy For information in printed form, at price fixed for publication or Rs 2 per photocopied extract
  • 18. Appeals Process: Format Documents Procedure in deciding the appeal Service of notice by the Commission Personal presence of appellant/complainant Order of the Commission
  • 19. CCS focus: DTP and ICTs for RTI Suggestions for suo motu disclosure of information to DoPT Duty to Publish Index: 37 points of compliance Movement towards suo motu disclosure: Publish frequently requested information Publish information that has been disclosed under the RTI Act