rtiavinashmurkute-111221092811-phpapp01.pdf

January 31, 2015 Avinash Murkute | Pune | M: 9822698070
1
Welcome to Training Session on
THE RIGHT TO INFORMATION
THE RIGHT TO INFORMATION
(RTI) ACT 2005
(RTI) ACT 2005
AVINASH MURKUTE
Faculty, RTI Worker and Freelance Writer

2
It is said that power corrupts but actually its more true
that power attracts the corruptible.
No law or ordinance is mightier than understanding.
If we understand everything, we must be misinformed.
Let us go to learning mode and be a student again.
Kindly Put Mobiles on Silent Mode

3
The RTI Act 2005: Why-n-What
An Act to provide for setting out the practical regime of
Right to Information for citizens to secure access to
information under the control of public authorities, in
order to promote transparency and accountability in the
working of every public authority, the constitution of a
Central Information Commission and State Information
Commissions and for matters connected therewith or
incidental thereto.

4
The RTI Act 2005: When-n-Where
This Act may be called the Right to Information Act,
2005.
The RTI act 2005 was enacted by permission and
authority of His Excellency, President of India. This act
was enacted by the Parliament on 15.06.2005 and
notified in the Gazette of India dated 21.06.2005.
It extends to the whole of India except the State of
Jammu and Kashmir.

5
The RTI Act 2005: Who
Who can exercise his / her right under The RTI Act
2005?
The answer is:
Subject to the provisions of this Act, all citizens shall
have the right to information.

6
The RTI Act 2005: Definitions
What is Information?
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, 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.

7
What is Record?
What is Record?
Record includes
•Any document, manuscript and file
•Any microfilm, microfiche and facsimile copy of a
document
•Any reproduction of image or images embodied in such
microfilm (whether enlarged or not); and
•Any other material produced by a computer or any
other device

8
Who is Public Authority?
Who is Public Authority?
It is any authority or body or institution of self government
It is any authority or body or institution of self government
established or constituted.
established or constituted.
• By or under the Constitution
• By any other law made by Parliament
• By any other law made by State Legislature
• By notification issued or order made by the
appropriate Government, and includes any-body
owned, controlled or substantially financed, non-
Government organization substantially financed,
directly or indirectly by funds provided by the Govt.

9
The RTI Act 2005: How
How To Request Information?
How To Request Information?
A person, who desires to obtain any information under
this Act, shall make a request in writing or through
electronic means in English or Hindi or in the official
language of the area in which the application is being
made, accompanying such fee as may be prescribed, to
public authority by providing contact details.
Click to check Sample Application

10
The RTI Act 2005: Fee
Is There Any Fee To Seek Information?
Is There Any Fee To Seek Information?
FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION
• In case of central govt. departments, INR 10.00 by
way of cash under proper receipt, demand draft,
bankers cheque, Indian postal order, money order or
cash deposited at designated post offices.
• In case of state govt. departments, particularly in
Maharashtra state, INR 10.00 by way of cash under
proper receipt, demand draft, banker’s cheque,
money order or court fee stamp.

11
The RTI Act 2005: Process
How Is Your Application Dealt?
How Is Your Application Dealt?
Public Information Officer (PIO) on receipt of a
request, as expeditiously as possible, and in any case
within thirty (30) days of the receipt of the request,
either provide the information on payment of such
fee as may be prescribed or reject the request for
any of the reasons specified like security, copyright,
commercials, etc.

12

13

14

15
The RTI Act 2005: Cost
Does Information comes at a cost?
Does Information comes at a cost?
Oh yes, because nothing is free.
A4 or A3 size paper Rs 2 for each page plus
postage
Fixed price materials At printed cost plus
postage
Diskette or Floppy or CD Rs. 50 plus postage
Inspection cost Free for first hour

16
The RTI Act 2005:
Machinery & Hierarchies
APIO Assistant Public Information Officer
PIO Public Information Officer
AA Appellate Authority
IC Information Commissioner
SIC State Information Commissioner
CIC Central Information Commissioner
DOPT Department of Personnel & Training
You must know below terms well!
You must know below terms well!

17
The RTI Act 2005:
Machinery & Hierarchies
Important offices for Ready Reference!
Important offices for Ready Reference!
Shri Wajahat Habibullah - Chief Information Commissioner
Central Information Commission
Block No. IV, 5th
Floor, Old JNU Campus,
New Delhi 110 067 Tel: (011) 26717352, 26717355
Shri Suresh Joshi - State Chief Information Commissioner
Maharashtra Information Commission
13th
Floor, New Administration Building,
Opp. Mantralaya, Mumbai 400 032 Tel: (022) 22856078
Shri Vijay Kuwalekar - Information Commissioner
Pune Division, New Administrative Building (Near Council Hall)
Camp, Pune – 411 001

18
The RTI Act 2005: Appeals
What if you don’t get information requested?
What if you don’t get information requested?
If you don’t get proper response or requested
information from public authority or from its pubic
information officer within 30 calendar days, you can
file complaint with Information Commission or file an
appeal with first appellate authority.
Similarly, you can file complaint or appeal (as above)
for late response or for demand of cost of information
which is unreasonable.

19
The RTI Act 2005: First Appeal
Where and how to file first appeal?
Where and how to file first appeal?
You will have to move an appeal application along
with the prescribed appeal fee. In Maharashtra, it is
court fee stamp of INR 20/-. In Central Government
offices, there is no fee. First appellate authority is the
officer senior to public information officer. On receipt
of your appeal, this appellate authority will call an
explanation from PIO, might invite you to hear you
and will pass an reasonable order within 30-45 days.
Click to check Sample Appeal

20
The RTI Act 2005: Second Appeal
Where and how to file Second appeal?
Where and how to file Second appeal?
If you are not satisfied with response of public
information officer and order passed on your appeal
by first appellate authority of particular public
authority, you can file second appeal with State
Information Commissioner or Central Information
Commissioner, as the case may be.
There is no prescribed time limit for getting response
or order at this level. Too many cases are piled up
with these offices.

21
The RTI Act 2005: Imp. Sections
The RTI Act has more than 30 sections and its
The RTI Act has more than 30 sections and its
subsections. In order to get response every
subsections. In order to get response every
time, one must study all sections and
time, one must study all sections and
amendments in the act from time to time.
amendments in the act from time to time.
Section 3: All citizens have the right
Section 4: Proactive disclosures by authorities
Section 6: Request for obtaining information
Section 7: How your requests will be treated
Section 8: Exemptions
Section 19 (1): First appeal
Section 19 (3): Second appeal
Section 20: Penalties and Disciplinary actions

22
Section 4: Obligation of PA
Every PA 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 the 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.

23
Section 4: Publish within 120 days
1) Particulars of organization, function and duties
2) The powers and duties of its officers and employees
3) The procedure followed in the decision making
process, including channels of supervision and
accountability
4) The norms set by it for the discharge of its functions
5) The rules, regulations, instructions, manuals, and
records, held by it or under its control or used by its
employees for discharging it functions
6) A statement of categories of documents that are
held by it or under its control

24
7. The particulars of any arrangement that exists for
consultation with, or representation by, the
members of the public in relation to the formulation
of its policy or implementation thereof.
8. A statement of the boards, councils, committees and
other bodies consisting of two or more persons
constituted as its part or for the purpose of its
advice, and as to whether meetings of those boards,
councils, committees and other bodies are open to
the public or the minutes of such meetings are
accessible for public
9. A directory of its officers and employees

25
10. The monthly remuneration received by each of its
officers and employees, including the system of
compensation as provided in its regulations
11. The budget allocated to each of its agency, indicating
the particulars of all plans, proposed expenditures,
and reports on disbursements made
12. The manner of execution of subsidy programs
including the amounts allocated and the details of
beneficiaries of such programs.
13. Particulars of recipients of concessions, permits or
authorization granted by it.

26
14. Details in respect of the information, available to or
held by it, reduced in an electronic form
15. The particulars of facilities available to citizens for
obtaining information, including the working hours of
a library room, if maintained for public use.
16. The names, designations and other particulars of the
Public Information Officers
17. Such other information as may be prescribed; and
thereafter update this publication every year.

27
Section 8: Exempted Organizations
 IB, RAW of the Cabinet Secretariat
 DRI, Central Economic Intelligence Bureau
 Directorate of Enforcement
 Narcotic Control Bureau
 Aviation Research Centre, Special Frontier Force,
 BSF, CRPF, ITBP, CISF, NSG,
 Assam Rifles, Special Service Bureau
 Special Branch (CID) Andaman & Nikobar
 The Crime Branch (CID-CB) Dadra and Nagar Haveli
 Special Branch, Lakshadweep Police

28
Information can not be shared
 Sovereignty and Integrity Of India
 Prevented by courts
 Breach of privilege of Parliament
 Trade secret, Intellectual property
 Fiduciary relationship
 Info received from foreign Government
 Life and physical safety of any person
 Issues under investigation
 Cabinet papers
 Invasion in privacy

29
Q&A - Contact
Doubt is the key to knowledge.
Avinash Murkute
Avinash Murkute
Galaxy4u, Bavdhan Budruk, Pune – 411 021 India
Mobile: +91-9822698070
E-mail: avinash.murkute@gmail.com
Web: www.galaxy4u.in
------------------------------------------------------------
Please refer the official publication, The Gazette of India, for all meanings, discrepancies, etc.
Same is available at any Government Press. This presentation and illustrations is just an
introduction to The RTI act 2005 for training and awareness purposes only.

rtiavinashmurkute-111221092811-phpapp01.pdf

Recommended

Recommended

More Related Content

Similar to rtiavinashmurkute-111221092811-phpapp01.pdf

Similar to rtiavinashmurkute-111221092811-phpapp01.pdf (20)

Recently uploaded

Recently uploaded (20)

rtiavinashmurkute-111221092811-phpapp01.pdf