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J&K RTI Act 2009


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J&K RTI Act. 2009.

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J&K RTI Act 2009

  1. 1. RIGHT TO INFORMATION ACT, 2009 (RTI) Act No. VIII of 2009 Presented by: Zaahir Salam
  2. 2. Objectives  To set out a practical regime of right to information for citizens of the state.  To secure access to information under the control of public authorities.  To promote transparency and accountability in the working of every public authority.  To contain corruption.  To increase citizens awareness and ability to exercise their other rights.  To equip them to participate meaningfully in the development process. 2
  3. 3.  The Jammu & Kashmir Right to Information Act, 2009, enacted by Jammu and Kashmir State legislature Vide Act No. VIII of 2009; dated 20th March 2009. repealing and replacing the erstwhile Jammu & Kashmir Right to Information Act, 2004 and the Jammu & Kashmir Right to Information (Amendment) Act, 2008.  The Act is based closely upon the Central Right to Information Act, 2005.  It is intended to provide citizens of the state of Jammu and Kashmir with a legal mandate mechanism for obtaining government records. 3
  4. 4. 44 5Chapters,28Sections S T R U C T U R E Chapter I Preliminary; Section 1 & 2 Chapter III The State Information Commission; Section 12 to 14 Chapter IV Powers and Functions of the Information Commission, Appeal and Penalties; Section 15 to 17 Chapter V Miscellaneous; Section 18 to 28 Chapter II Right to Information and obligations of public Authorities; Section 3 to 11
  5. 5.  J & K RTI extends to the whole of Jammu and Kashmir and it has come into force at once. Section 1(2,3)  J&K RTI Act 2009 is even applicable to the Central Government Department falling under the territorial Jurisdiction of J & K State.  The Central RTI Act 2005 is not Applicable to the offices, department under the authority of J & K Govt. 5
  6. 6. 6 Structure for implementation of Act State Central Appellate CPIO CAPIO Public Authority Appellate SPIO SAPIO Public Authority Central Information Commission State Information Commission PAsPAs Transparency Officer Transparency Officer
  7. 7. Definitions-In this Act  "competent authority" means- i. the Speaker in the case of the Legislative Assembly of the State and the Chairman in the case of the Legislative Council of the State; ii. the Chief Justice of the High Court in the case of the High Court ; iii. the Governor in the case of other authorities established or constituted by or under the Constitution of India or the Constitution of Jammu and Kashmir. Section 2 (b) 7
  8. 8. 8 "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. Section 2 (d) Question asked in SAFC Exam
  9. 9.  "record" 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.  right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to– (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. 9
  10. 10. 10 "third party" means– a person other than the citizen making a request for information and includes a public authority. “Public authority" means any authority or body or institution of self-government established or constituted by or under the Constitution of India or the Constitution of Jammu and Kashmir; Section 2 (f)  Public Information Officer: The Public Information officer is officer designated by a Public Authority to provide Information to an applicant, Every Public Authority shall designate as many PIOs in an Administrative Department or office as necessary to provide information. Section 5 (1)  Role and Responsibility of PIO: The officer i.e Public Information officer cannot say no to receive RTI Application in fact he has to render all reasonable assistance to the applicant. Section 6 (1)
  11. 11. Application procedure and language  An RTI applicant can submit his application through post/self or even via electronic means. Section 6(1)  An RTI application can be in English, Urdu or Hindi Language, it can be typed/handwritten. Section 6(1)  PIO cannot ask the applicant any personal question, like his intention or motive for seeking information, his job, family etc. Section 6(2)  PIO has to Accept RTI application even if it is not related to his department. Section 6(3)  The PIO cannot reject an RTI application without citing the valid exemption clauses and that too the rejection order is to be given in writing. Section 7(1) 11
  12. 12. 12  Provide the Information to the applicant in the format in which it is sought. Section 7(9)  Failure in providing or silence on any RTI application more than 30 days shall be deemed as refusal. Section 7(2)  The PIO may seek assistance of any other officers, if he considers it necessary for furnishing the Information. Section 5(4)  The officer, who assistance is sought by the PIO is under obligation to render assistance and he shall also be treated as PIO. Section 5(4) & Section 17
  13. 13. 13 Prescribed Fees  Accept the initial RTI fees of Rs. 10/- in shape of Indian Postal Order, Demand Draft, Bankers Cheque or Cash receipt Rule 3 of J & K RTI Rules Material cost to be paid by applicant (photocopy, CD, sample etc.) Rs. 2 per A4/A3 page inspection of documents- no fee for first hour, Rs. 5 for every subsequent hour or fraction thereof. Rs. 50 for CD.  No fees to be charged from the person belonging to BPL Category. Section 7 (5)  PIO has to Intimate the applicant for additional fees for supplying the information along with the calculations, his right to review decision and particulars of the appellate authority. Section 7,3 (a,b)
  14. 14. 14  An RTI applicant has the right to inspection of work, documents, records, he can take notes, extracts or certified copies of documents, can also take certified samples. Section 2,i(I,II,III)  An RTI applicant can obtain information in the form of diskettes, floppies, tapes, videos cassettes or in any other electronic or through printout. Section 2,I (IV) Modes  No fees can be charged from the applicant where the information is not provided within 30 days. Section 7(6)
  15. 15. 1515 Disposal of Request Time limit for giving information 30 days If information concerns life and liberty of a person must be given within 48 hrs If information is given by third party then invite objections if any add 10 extra days No action on application for 30 days deemed refusal
  16. 16. 16 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.  publish all relevant facts……………….decisions…… affecting public.  constant endeavour of every public authority to take steps….to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.  to appoint CAPIO/SAPIO to receive applications/appeals and forward the same to CPIO/SPIO or CIC/SIC. Obligation of Public Authority Section 4
  17. 17. 17  Privilege The Information which cannot be denied to the Parliament or the State Legislature shall not be denied to any person. Section, 8(i)  Exemptions Certain kind of information cannot be provided under RTI Act. Section, 8(i)  Affecting sovereignty, integrity, security, strategic, scientific or economic, or other interests of the State.  Relation with foreign state or leading to incitement of an offence;  Forbidden by courts;  Affecting privilege of Parliament or Legislature;  cabinet papers, till after the decision has been taken, and the matter is complete, or over:  Personal information which would cause invasion of the privacy unless larger public interest justifies it.
  18. 18. 18  Commercial confidence, trade secrets or intellectual property, unless larger public interest so warrants;  received in confidence from foreign government;  Endangers life or physical safety or identifies confidential source of information or assistance Impedes the process of investigation or apprehension. After 20 Years…..  Most exempt information released after 20 years. Notwithstanding anything a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests. Certain Organizations, departments are kept out of the ambit of RTI In J & K State only CID is kept out under section 21
  19. 19. 19 Constitution of State Information Commission  The State Information Commission shall consist of- (a) the State Chief Information Commissioner; and' (b) two State Information Commissioners . Section 12(2)  The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of- (a) the Chief Minister, who shall be the Chairperson of the committee ; b) the Leader of Opposition in the Legislative Assembly ; and (c) a Cabinet Minister to be nominated by the Chief Minister. Section 12 (3)  The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. Section 12(5)
  20. 20. 20  The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. Section 12(6)  Every Chief /State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier. and shall not be eligible for reappointment as such Chief/State Information Commissioner. Section 13 (2)  Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner. his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner. Section 13 (2)
  21. 21. 21  The state chief Information commissioner or a state Information commissioner shall be removed from his office only by Order of the Governor on the ground of proved misbehaviour or incapacity after the High Court' on a reference made to it by the Governor , has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed. Section 14(1)
  22. 22. 22 Powers and function of Information Commissions – appeals and penalties. Functions : 1. Receive and inquire in to complaints of: a. who has not been able to file because PIO is not appointed , b. on refusals; c. not responded; d. unreasonable fee; e. incomplete or misleading information etc,. f. Any other matter 2. Initiate inquiry if reasonable grounds exist. 3. It enjoys the same powers as that of civil courts such as; Enforce attendance; inspection of documents; receiving evidence in affidavit; Requesting any public record; issuing summons etc,. 4. Examine any records and such records shall not be withheld. Section 15
  23. 23. 2323 APPEALS: Section 16 Internal First appeal to the officer immediately senior to Public Information Officer within 30 days of decision. Appeal to be disposed of within a period of 30 days extendable upto a total of 45 days. External Second appeal to CIC/SIC within 90 days of decision of Appellate Authority. (In both the appeals onus to justify denial of request shall be on the PIO. Decision of the CIC/SIC is final and binding.) PENALTIES: Section 17 The CIC/SCIC shall impose a penalty of Rs. 250/- per day Total amount will not exceed Rs 25,000 for– Not furnishing information in 30 days. Misleading the applicant. Providing wrong information. Not publishing information suo motu. Not computerizing data and uploading on website. CIC/SIC empowered to impose penalty on PIO. They can also recommend disciplinary action against an erring PIO.
  24. 24. 24 Section 18.Protection of action taken in good faith Section 19. Act to have overriding effect Section 20. Bar of Jurisdiction. Section 21. Act not to apply to certain organizations. Section 22. Monitoring and Reporting. Section 23. Govt. to prepare programmes. Section 24. Power to make rules by Govt. Section 25. Power to make rules by Competent Authorities. Section 26. Laying of rules before Parliament. Section 27. Power to remove difficulties Section 28. Repeal and Saving
  25. 25. 25 THANK YOU