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RIGHT TO INFORMATION ACT
, 2005
Guided by :
Mr. Chandra Dwivedi
( Asst. Prof. Apollo college
of pharmacy) Submitted by:
Rahul Mahilange
(5th sem)
ACP/RAHUL 1
RIGHT TO INFORMATION WHY?
• Democracy requires an informed citizenr
y.
• Transparency of information vital to its f
unctioning.
• To contain corruption
• Re-define larger framework of Accounta
bility, Democracy, Ethics and Rights.
• Under-pins administrative reforms.
• Enables Human Rights to be realized.
• Harmonize conflicting interests.
ACP/RAHUL 2
RIGHT TO INFORMATION ACT, 2005
• The RTI bill was introduced in the Lok Sabha in Dece
mber 2004.
• It was passed by both Houses of the Parliament in ma
y 2005.
• The assent of the President was received on 15th June 2
005 and act was notified in the Gazette of India on 21st
June 2005.
• The RTI act has been operational on 12th October 2005
after completion of 120 days from the date of Presiden
tial assent.
ACP/RAHUL 3
SALIENT FEATURES OF THE ACT
• Maximum Disclosures
• Duty to Publish
• Suo motu and web based disclosures
• Duty to Furnish
• PIO and Deemed PIO
• Exemption – As per section 8 and 9 of the Act.
• Covers Private Body & Third Party Informatio
n
• Penalty for defiance.
• Independent and Non-judicial appellate mech
anism
• Empowerment of citizens
ACP/RAHUL 4
DEFINITION OF “INFORMATION” {SECTI
ON 2 (f) & 2(j) of RTI Act, 2005}
• “Right to Information” means right to information acc
essible under this act which is held by or under the co
ntrol of any public authority and includes the right to-
• Inspection of work, documents, records;
• Taking notes, extracts or certified copies of documents
or records;
• Taking certified samples of material;
Contd…
ACP/RAHUL 5
DEFINITION OF “INFORMATION” {SEC
TION 2 (f) & 2(j) of RTI Act, 2005}
• Obtaining information in the form of diske
ttes, floppies, tapes, video cassettes or in a
ny other electronic mode or through print
outs where such information is stored in a
computer or in any other device.
ACP/RAHUL 6
What is a Public Authority?
• “Public Authority" means any authority or body or instit
ution 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 Legisla
ture; (d)by notification issued or order made by the appr
opriate Government, and includes any— (i) body owned
, controlled or substantially financed; (ii) non-Govern
ment organization substantially financed, directly or in
directly by funds provided by the appropriate Govern
ment;
• A public authority has to fulfill certain obligations as per
RTI Act – 2005.
ACP/RAHUL 7
ROLE OF PIO AND APIO
• Under the RTI act, Public Information Officers (PIOs) s
hould be designated in all administrative units of every
public authority in order to receive information request
s from citizens.
• The RTI act requires that every public authority shall
designate Assistant Public Information Officers.
•Under the act, every APIO has the duty and responsibi
lity to receive information requests from the citizens an
d forward them to the PIO of the concerned public auth
ority that is likely to have the information being sought
by the applicant.
ACP/RAHUL 8
HANDLING NORMAL INFORMATION
(Section - 7 of RTI Act, 2005)
• Provide information within 30 days of the request.
• If the information concerns life or liberty of a person, wi
thin 48 hours.
• Failure to provide information within specified time lim
it by PIO will be deemed refusal of request.
• If payment of further fees is required to provide inform
ation, PIO to intimate the requestor.
• Intervening period excluded from specified period of 30
days.
Contd…
ACP/RAHUL 9
HANDLING NORMAL INFORMATION
• Fees prescribed for providing information in pri
nted or any electronic format is as under:-
i) A request for obtaining information under sub-
section (1) of Section 6 shall be accompanied by and
application fee of rupees ten by way of cash against
proper receipt or by Demand Draft of Bankers Chequ
e payable to the public authority.
Contd…
ACP/RAHUL 10
HANDLING NORMAL INFORMATION
ii) Rupees two for each page (in A-4 or A-3 size paper) c
reated or copied;
iii) Actual charge or cost price of a copy in larger size
paper;
iv) Actual cost or price for samples or models; and
v) For inspection of records, no fee for the first hour; a
nd a fee of rupees five for each fifteen minutes (or f
raction thereof) thereafter.
vi) For information provided in diskette or floppy rup
ees fifty per diskette or floppy; and
Contd…
ACP/RAHUL 11
HANDLING NORMAL INFORMATION.
vii) For Information provided in printed form at the p
rice fixed for such publication or rupees two per p
age of photocopy for extracts from the publication
.
• No such fees for persons below poverty line.
• Info to be given free of charge (no fees) if not pro
vided within specified time limit.
• Info to be provided in the requested format unless
i) Disproportionately expensive.
ii) Affects safety or preservation of the record.ACP/RAHUL 12
WHAT IS NOT OPEN TO DISCLOSURE
PIO may reject a request for info for any of the ground
s mentioned in Sections 8 & 9 (within 30 days)
Section (8) (1) {exemption from disclosure of informa
tion}
a) National Security - Information , disclosure of whi
ch would prejudicially affect the Sovereignty and Integ
rity of India, the Security, Scientific or Economic intere
sts of the State, relation with foreign state or lead to inc
itement of an offence;
Contd…..
ACP/RAHUL 13
WHAT IS NOT OPEN TO DISCLOSURE
b) Contempt of Court- Information which has been expressly forbid
den to be published by any Court of Law or Tribunal or the disclosure
of which may Constitute Contempt of Court;
c) Parliamentary Privilege- information, the disclosure of which woul
d cause a breach of Privilege of Parliament or the State Legislature;
d) Trade Secrecy- Information including commercial confidence, trad
e secrets or intellectual property, the disclosure of which would harm t
he competitive position of a third. Party, unless the competent authorit
y is satisfied that larger public interest warrants the disclosure of such
information;
Contd….
ACP/RAHUL 14
Protection: Section 21
• No suit prosecution or other legal proceedi
ng shall lie against any person for anything
which is done in good faith.
ACP/RAHUL 15
Central Information Commission:
• Central Information Commission is an au
tonomous body set up to inquire into co
mplaints received from citizens. One can
complain that he has been refused access
to information. He can also complain abo
ut how the public authority has handled
his request.
ACP/RAHUL 16
RTI Act 2005 – Penalty/Compensation Provisio
ns
• Penalties imposable by Information Commission
on PIO or officer asked to assist PIO. For unreaso
nable delay – Rs. 250 per day up to Rs. 25,000 For
illegitimate refusal to accept application, malafid
e denial, knowingly providing false information,
destruction of information, etc. - up to Rs. 25,000 f
ine Recommendation for departmental action for
persistent or serious violations.
ACP/RAHUL 17
Way Forward
• Improve Decision Making Process
• Critically examine the existing operating proced
ures including channels of supervision and acco
untability
• Review operating Manuals
• Develop standards of performance/ norms
• Set up Documentation / Learning Resource Cent
ers
ACP/RAHUL 18
Public Awareness and Educational Progr
ammes Sec 26
• Develop and organize educational program
mes to advance the understanding of the p
ublic, particularly the disadvantaged, to ex
ercise Right to Information. Government to:
Encourage public authorities to participate i
n programmes; promote timely/effective di
ssemination of accurate info on activities. Tr
ain PIOs and produce relevant training mat
erials - user guide and related matter.
ACP/RAHUL 19
THANKS
ACP/RAHUL 20

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Right to information Act-2005

  • 1. RIGHT TO INFORMATION ACT , 2005 Guided by : Mr. Chandra Dwivedi ( Asst. Prof. Apollo college of pharmacy) Submitted by: Rahul Mahilange (5th sem) ACP/RAHUL 1
  • 2. RIGHT TO INFORMATION WHY? • Democracy requires an informed citizenr y. • Transparency of information vital to its f unctioning. • To contain corruption • Re-define larger framework of Accounta bility, Democracy, Ethics and Rights. • Under-pins administrative reforms. • Enables Human Rights to be realized. • Harmonize conflicting interests. ACP/RAHUL 2
  • 3. RIGHT TO INFORMATION ACT, 2005 • The RTI bill was introduced in the Lok Sabha in Dece mber 2004. • It was passed by both Houses of the Parliament in ma y 2005. • The assent of the President was received on 15th June 2 005 and act was notified in the Gazette of India on 21st June 2005. • The RTI act has been operational on 12th October 2005 after completion of 120 days from the date of Presiden tial assent. ACP/RAHUL 3
  • 4. SALIENT FEATURES OF THE ACT • Maximum Disclosures • Duty to Publish • Suo motu and web based disclosures • Duty to Furnish • PIO and Deemed PIO • Exemption – As per section 8 and 9 of the Act. • Covers Private Body & Third Party Informatio n • Penalty for defiance. • Independent and Non-judicial appellate mech anism • Empowerment of citizens ACP/RAHUL 4
  • 5. DEFINITION OF “INFORMATION” {SECTI ON 2 (f) & 2(j) of RTI Act, 2005} • “Right to Information” means right to information acc essible under this act which is held by or under the co ntrol of any public authority and includes the right to- • Inspection of work, documents, records; • Taking notes, extracts or certified copies of documents or records; • Taking certified samples of material; Contd… ACP/RAHUL 5
  • 6. DEFINITION OF “INFORMATION” {SEC TION 2 (f) & 2(j) of RTI Act, 2005} • Obtaining information in the form of diske ttes, floppies, tapes, video cassettes or in a ny other electronic mode or through print outs where such information is stored in a computer or in any other device. ACP/RAHUL 6
  • 7. What is a Public Authority? • “Public Authority" means any authority or body or instit ution 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 Legisla ture; (d)by notification issued or order made by the appr opriate Government, and includes any— (i) body owned , controlled or substantially financed; (ii) non-Govern ment organization substantially financed, directly or in directly by funds provided by the appropriate Govern ment; • A public authority has to fulfill certain obligations as per RTI Act – 2005. ACP/RAHUL 7
  • 8. ROLE OF PIO AND APIO • Under the RTI act, Public Information Officers (PIOs) s hould be designated in all administrative units of every public authority in order to receive information request s from citizens. • The RTI act requires that every public authority shall designate Assistant Public Information Officers. •Under the act, every APIO has the duty and responsibi lity to receive information requests from the citizens an d forward them to the PIO of the concerned public auth ority that is likely to have the information being sought by the applicant. ACP/RAHUL 8
  • 9. HANDLING NORMAL INFORMATION (Section - 7 of RTI Act, 2005) • Provide information within 30 days of the request. • If the information concerns life or liberty of a person, wi thin 48 hours. • Failure to provide information within specified time lim it by PIO will be deemed refusal of request. • If payment of further fees is required to provide inform ation, PIO to intimate the requestor. • Intervening period excluded from specified period of 30 days. Contd… ACP/RAHUL 9
  • 10. HANDLING NORMAL INFORMATION • Fees prescribed for providing information in pri nted or any electronic format is as under:- i) A request for obtaining information under sub- section (1) of Section 6 shall be accompanied by and application fee of rupees ten by way of cash against proper receipt or by Demand Draft of Bankers Chequ e payable to the public authority. Contd… ACP/RAHUL 10
  • 11. HANDLING NORMAL INFORMATION ii) Rupees two for each page (in A-4 or A-3 size paper) c reated or copied; iii) Actual charge or cost price of a copy in larger size paper; iv) Actual cost or price for samples or models; and v) For inspection of records, no fee for the first hour; a nd a fee of rupees five for each fifteen minutes (or f raction thereof) thereafter. vi) For information provided in diskette or floppy rup ees fifty per diskette or floppy; and Contd… ACP/RAHUL 11
  • 12. HANDLING NORMAL INFORMATION. vii) For Information provided in printed form at the p rice fixed for such publication or rupees two per p age of photocopy for extracts from the publication . • No such fees for persons below poverty line. • Info to be given free of charge (no fees) if not pro vided within specified time limit. • Info to be provided in the requested format unless i) Disproportionately expensive. ii) Affects safety or preservation of the record.ACP/RAHUL 12
  • 13. WHAT IS NOT OPEN TO DISCLOSURE PIO may reject a request for info for any of the ground s mentioned in Sections 8 & 9 (within 30 days) Section (8) (1) {exemption from disclosure of informa tion} a) National Security - Information , disclosure of whi ch would prejudicially affect the Sovereignty and Integ rity of India, the Security, Scientific or Economic intere sts of the State, relation with foreign state or lead to inc itement of an offence; Contd….. ACP/RAHUL 13
  • 14. WHAT IS NOT OPEN TO DISCLOSURE b) Contempt of Court- Information which has been expressly forbid den to be published by any Court of Law or Tribunal or the disclosure of which may Constitute Contempt of Court; c) Parliamentary Privilege- information, the disclosure of which woul d cause a breach of Privilege of Parliament or the State Legislature; d) Trade Secrecy- Information including commercial confidence, trad e secrets or intellectual property, the disclosure of which would harm t he competitive position of a third. Party, unless the competent authorit y is satisfied that larger public interest warrants the disclosure of such information; Contd…. ACP/RAHUL 14
  • 15. Protection: Section 21 • No suit prosecution or other legal proceedi ng shall lie against any person for anything which is done in good faith. ACP/RAHUL 15
  • 16. Central Information Commission: • Central Information Commission is an au tonomous body set up to inquire into co mplaints received from citizens. One can complain that he has been refused access to information. He can also complain abo ut how the public authority has handled his request. ACP/RAHUL 16
  • 17. RTI Act 2005 – Penalty/Compensation Provisio ns • Penalties imposable by Information Commission on PIO or officer asked to assist PIO. For unreaso nable delay – Rs. 250 per day up to Rs. 25,000 For illegitimate refusal to accept application, malafid e denial, knowingly providing false information, destruction of information, etc. - up to Rs. 25,000 f ine Recommendation for departmental action for persistent or serious violations. ACP/RAHUL 17
  • 18. Way Forward • Improve Decision Making Process • Critically examine the existing operating proced ures including channels of supervision and acco untability • Review operating Manuals • Develop standards of performance/ norms • Set up Documentation / Learning Resource Cent ers ACP/RAHUL 18
  • 19. Public Awareness and Educational Progr ammes Sec 26 • Develop and organize educational program mes to advance the understanding of the p ublic, particularly the disadvantaged, to ex ercise Right to Information. Government to: Encourage public authorities to participate i n programmes; promote timely/effective di ssemination of accurate info on activities. Tr ain PIOs and produce relevant training mat erials - user guide and related matter. ACP/RAHUL 19