1. RIGHT TO INFORMATION ACT
2005
Guided by:-
Mr. Chandra dwivedi
( asst. prof. apollo college
Of pharmacy)
Submitted by:-
Akash sahu
B.Pharmacy
(5th sem)
2. RIGHT TO INFORMATION ACT
2005
ALL CITIZENS SHALL HAVE THE RIGHT TO
INFORMATION
PURPOSE
• Transparency
• Accountability
Comes into force 120 days from 15.6.05
3. RTI includes right
to:
• Inspect work & records
• Take notes, extracts, certified copies of
documents/ records
• Obtain information in the form of print
outs, floppies, tapes, video cassettes,
other electronic modes
4. OBLIGATIONS OF PUBLIC AUTHORITIES
•
•
•
•
•
•
•
•
Maintain records catalogued and indexed-> computerization,
networking
Publish certain particulars within 120 days
Publish relevant facts while formulating policies/ decisions affecting
public
Provide reasons for administrative/ quasi-judicial decisions to
affected persons
Suo moto provide information ->minimize need for resorting to RTI
Form of dissemination- easily accessible
In 100 days, designate PIOs and APIOs
Info should be free or at cost of medium only
5. DISSEMINATION
• Notice boards
• Newspapers
• Public announcements
• Media broadcasts
• Internet
• Inspection of offices
• Other means
6. PARTICULARS TO BE PUBLISHED
• Particulars, functions and duties of the organization
• Powers, duties of officers & employees
• Procedure followed in decision making including
channels of supervision
• Norms set for discharge of functions
• Rules, regulations, instructions, manuals, records used
• Statement of categories of documents held
7. PARTICULARS TO BE PUBLISHED
(contd.)
• Details of arrangement of consultation/ representation of
public in policy formulation or implementation
• Statement of boards, councils, committees constituted
as its part
• Directory of officers and employees
• Their monthly remuneration
• Budget, plans, proposed expenditure
• Particulars of concession recipients
• Facilities available for obtaining information
• Name, designation, particulars of PIO
(to be updated annually)
8. Role of PIO and
APIO
• PIO provides information to anyone
requesting for it
• APIO receives applications and forwards
them to PIO
9. Functions of
PIO
• Deal with requests for information
• Offer reasonable assistance to applicant
• Provide access-enabling assistance to sensorily disabled
• Seek assistance from any other officer as considered
necessary
• For the purpose of contravention of this act, such other
officer will be treated as PIO.
10. FEES
• Information should be free of cost or at
prescribed cost of medium/printout
• No fees are to be taken from those below the
poverty line
• If additional fees (cost of providing info) are
required, PIO has to give calculations to
information seeker, and details of appeal rights
• If time limits passed , info to be given free
11. REQUESTS FOR INFORMATION
• Will be made to PIO
• To be in writing/ electronic means (if it can’t be in
writing, PIO will assist to reduce oral request to
writing)
• In Hindi, English, Official language of the area
• Accompanied by prescribed fee
• No reason required
• No personal details required except for contacting
• To be transferred to another public authority if
pertains to them (in 5 days) applicant to be
informed
12. DISPOSAL OF REQUESTS: TIME-FRAME
• In 30 days if direct to PIO
• In 35 days if through APIO
• In 48 hours if life & liberty at stake
• If redirected, in 5 days
• If not given in time, deemed refused
• If further fees required, period between
dispatch of request and deposit of fees will
not count
13. HOW TO DISPOSE
• Give the information right away
• Give on payment of further fees
• Transfer to another Public Authority
• Refuse with reasons (as per exemptions in
the Act)
14. CASES OF REJECTION
PIO has to communicate
3. Reasons for rejection
5. Allowable period of appeal
7. Particulars of Appellate Authority
15. SOME EXEMPTIONS
Prejudices sovereignty, security, scientific/
economic interests of India
Forbidden to be published byCourt
Breach of privilege of legislature
Impedes process of investigation
Endangers life or safety of anyone
Involves infringement of copyright
not held by the State
16. MORE EXEMPTIONS
• Harms competitive position of 3rd party
• Information held in fiduciary capacity
• In these cases, the competent authority* may disclose
the information if the larger public interest so warrants
(*as defined in the Act)
• Personal information unlinked with public activity
• Resulting in invasion of privacy of individual
• In these cases, PIO may disclose the information if the
larger public interest so warrants
17. Twenty Years
Ago…..
However, any information about events which
happened 20 years ago is to be provided, unless
the sovereignty of India or contempt of court is at
stake.
18. SEVERABILITY
– If the record contains exempted information
in parts, PIO can give that part of the
record which can be reasonably severed.
– Notice has to be given to applicant stating
that info is only part, reasons for the
decision, details of fees, details of right to
review
19. APPEAL
•
•
To officer senior in rank to PIO
To be preferred in 30 days from expiry of
period/ date of decision
• Grounds
Decision not received in time
Aggrieved by decision
20. THIRD PARTY
If info to be disclosed was supplied in
confidence by a third party, then:
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•
•
•
•
In 5 days, invite submission from 3rd party
Submission to be in 10 days
Keep submission in mind
Allow disclosure if public interest outweighs
harm to 3rd party
Give notice of decision to 3rd party, stating
his entitlement to appeal
22. POWERS OF I C s
•
•
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Receive complaints regarding
2. No PIO appointed
3. PIO refused to accept application
4. Refused access
5. Time limit expired
6. Info incomplete or false
7. Any other matter of RTI
Can initiate inquiry
Has powers like Civil Court
Appeal to IC is 2nd appeal, in 90 days
Onus on PIO to prove refusal was justified
23. POWERS OF I C s
(contd.)Can require the Public Authority to
• Provide information
• Appoint PIO
• Publish certain info
• Change practices relating to record management
• Enhance provision of training on RTI
• Compensate complainant
• I C can impose penalties
24. PENALTIES
IF PIO WITHOUT REASONABLE CAUSE
• Refused to receive application
• Did not furnish info in time
• With malafide intention denied request
• Knowingly gave incorrect info or destroyed
subject info
• Obstructed furnishing of info
Then…
25. PENALTIES
(contd.)
• Rs.250 per day up to Rs. 25000
till application taken/ information furnished
• Also, can recommend disciplinary action
against PIO
26. REPORTING
Each dept to furnish information annually to CIC
regarding:
• No. of requests received
• No. of denials
• No of appeals to IC
• Particulars of disciplinary action taken
• Amount of charges collected
• Recommendations of reform
Based on this, report of CIC will be tabled before
Parliament
