Rti Act PPT

JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009
Important features of of RTI
Act with section
Presented by: RAMAN SHARMA
‫شرما‬ ‫رمن‬
रमन शमार
1Raman Sharma : jkrtiact@gmail.com

The Act
There are total 28 sections in
Jammu and Kashmir Right To
Information Act 2009

The Rules
There are only 13 provisions in
Jammu and Kashmir Right To
Information Rules, 2012
Latest ammended on 30th
Aug/2012
vide SRO No. 279

Amendments in the Rules
The Rules have been amended
Twice since 2009
Latest ammended on 30th
Aug/2012
vide SRO No. 279

No Amendments in the Act
Since Inception of the J & K RTI
Act 2009, so far no amendment
is made in the Parent Act

The Right to information Act is
Enacted by Jammu and Kashmir
State legislature
Vide Act No. VIII of 2009
dated 20th
March 2009.

Know Officials Secret Act 1923 ?
RTI Act Overrides Officials
Secret Act 1923

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.
As per J&K SCIC’s Direction;
Order No: SIC-J-15-09/2011/21
dated 05/04/20122

The Central RTI Act 2005 is not
Applicable to the offices, department
under the authority of J & K Govt.
Though RTI Act 2005 is applicable to
the Central Govt Departments
situated in the Territorial
Jurisdiction of J & K State

Eligibility to seek information
under J & K RTI Act 2009
Every person residing in the state
has the right to information..
Section 3 of JK RTI Act

Eligibility to seek information
under RTI Act 2005
All Citizens Shall have the Right to
Information
Section 3/ Central RTI Act

Every person residing in the state has
the right to information, irrespective
of his, her gender, age, profession,
job…e.tc
Even a govt. employee can seek
information from his department or
any other department
Section 3

INFORMATION MEANS:
Any material in any form including
Records, Documents, Memos, E-Mails,
Opinions, Advices, Press Releases,
Circulars, Orders, Logbooks,
Contracts…. ..
Section 3

INFORMATION MEANS:
… 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 3

INFORMATION MEANS:
… 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 3

Public Authorities
Public Authorities : Any
Authority/Body or Institution of Self
Govt constituted by Constitution of
India/J&K
or by any Law of Parliament or JK
Legislature, or body owned/controlled by
Govt, even NGO that are substantially
Financed, directly or indirectly
Sec 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 can not say no to receive RTI
Application in fact he has to render all
reasonable assistance to the
applicant.
Section 6 (1)

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)

An RTI application can be in
English, Urdu or Hindi Language, it
can be typed/handwritten.
Section 6(1)
Application procedure and language

An RTI applicant can submit his
application through post/self or
even via electronic means.
Section 6(1)
How to Submit RTI application

PIO has to Accept RTI application
even if it is not related to his
department.
Section 6(3)
PIO must be attentive and careful

PIO cannot ask the applicant any
personal question, like his
intention or motive for seeking
information, his job, family etc.
Section 6(2)
Protection to Applicant

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 2012
Prescribed Fees and modes

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)

Provide Information within 30 days
but related to life and liberty within
48 hours.
Section, 7(1)

No fees can be charged from the
applicant where the information is not
provided within 30 days.
Section 7(6)

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)

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)

Exempt information:
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;
Section, 8

Exempt information:
Forbidden by courts;
Affecting privilege of
Parliament or Legislature;
Section, 8

Exempt information:
Commercial confidence, trade
secrets or intellectual property,
unless larger public interest so
warrants;
received in confidence from
foreign government;
Section, 8

Exempt information:
Endangers life or physical safety or
identifies confidential source of
information or assistance Impedes the
process of investigation or
apprehension
Section, 8

Exempt information:
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.
Section, 8

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

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)

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

Protection of action taken in good
faith.-No suit, prosecution or other
legal proceeding shall lie against any
person for anything which is in good
faith done or intended to be done
under this Act or any rule made there
under.
Section 18

Bar of Jurisdiction of Courts: Section 20 of the
Act provides that no court shall entertain any
suit, application or
other proceeding in respect of any order made
under the Act and no such order shall
be called in question otherwise than by way of
an appeal under the Act
Section 20

IF PIO provides Incorrect, incomplete
and misleading information then he
may attract penalty up to Rs. 25000/-
besides disciplinary action under
service rules
Section 17(1)

First Appellate Authority
First Appeal before the Senior officer
of the PIO within 30 days
Section 16(1)*
However, the officer may condone the time

Time Limit for 1st
Appeal
First Appeal to be decided only by the
Senior officer and not by the PIO
himself, it is to be decided within 30
days and maximum 45 days
Section 16(7)*
In cases of45 days , the reason to be recorded in writing

2nd
Appeal before the State
Information Commission within 90
days
Section 16(4)*
The Commission has condone the time, if satisfied with delay

2nd
Appeal to be decided by
Information Commissioner or Bench
and it is to be decided within 60 days
or maximum 120 days
Section 16(11)*
In cases of 120 days , the reason to be recorded in writing

RTI Act have overriding effect, the
provisions of the Act shall have effect
notwithstanding anything inconsistent
therewith contained in the State
Official Secrets Act, Samvat 1977 and
any other law for the time being in
force
Section 19
RTI Act shall supersede

The Most Important Section or we
may soul of the Act is section 4.
This section if implemented properly it
can reduce the burden of the PIO and
minimize the number of RTI
application
This section 4 is to be complied by the
Public Authority

Secton 4 of J & K RTI Act is further
divided into different sub-sections
and there are around 17 main points
in this section.
Pro-Active Disclosure under the J&K Right to
Information Act,2009

Particulars of Organization, Functions and
Duties
Section 4 (1) (b) (i)

The procedure followed in the decision making
process, including channels of supervision &
accountability
Section 4 (1) (b) (iii)

The Norms set by it for the discharge of its functions
Section 4 (1) (b) (iv)

The Rules, Regulations, Instruction manuals & Records, held by
it or under its control or used by its employees for discharging
its functions

Section 4 (1) (b) (v)

Statement of categories of documents that are held by it or under its
control

Section 4 (1) (b) (vi)

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

Section 4 (1) (b) (vii)

A statement of the Boards, Councils, Committees &
other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice,
& as to whether meetings of those boards, councils,
committees & other bodies are open to the public, or
the minutes of such meetings are accessible for public

Section 4 (1) (b) (viii)

Directory of Officers & Employees of the
department

Section 4 (1) (b) (ix)

The Monthly remuneration received by
each of its Officers and Employees,
including the system of compensation as
provided in its regulations.
Section 4 (1) (b) (x)

The Budget allocated to each of its agency,
indicating the particular of all Plans, proposed
Expenditures & Reports on Disbursements
made
Section 4 (1) (b) (xi)

The manner of execution of Subsidy programmes,
including the amounts allocated & the details of
beneficiaries of such programmes
Section 4 (1) (b) (xii)

Particulars of recipients of
concessions, permits or
authorizations granted by it
Section 4 (1) (b) (xiii)

Details in respect of the information available to or held by it,
reduced in an Electronic form.
Section 4 (1) (b) (xiv)

Particulars of facilities available to citizens for
obtaining information, including the working
hours of a Library or Reading room, if
maintained for Public use.

Section 4 (1) (b) (xv)

Appellate Authority & Public Information
Officer of the department.

Section 4 (1) (b) (xvi)

Such Other Information as may be prescribed

Section 4 (1) (b) (xvii)

Commission office:
Jammu: Wazarat Road, Near DC
Jammu’s Office
Kashmir: Old Assembly Complex,
Srinagar.
Tel Jammu: 0191-2520927, 2520947
Tel Srinagar: 0194-2484257

CIC and IC’s

IMPORTANT WEBLINKS
WWW.JKGAD.NIC.IN
WWW.JKSIC.NIC.IN
WWW.CIC.GOV.IN
JKRTIACT.BLOGSPOT.IN

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