Nishant Right to Information Act

7/29/2019 Nishant Right to Information Act

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As a tool to improve Transparency in

public affairs

Right to information act

Presented By:Nisahnt Singh


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WHAT IS RTI?RTI stands for "Right to Information". Right to Information is

a fundamental right that every citizen has.

The Act extends to the whole of India except the State ofJammu and Kashmir. [S.(12)]

Under the provisions of the Act, any citizen (excluding thecitizens within J&K) may request information from a "public

authority"


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Information disclosure in India was previously restricted by

the Official Secrets Act 1923 and various other special laws,

which the new RTI Act now relaxes.

It was passed on 15th June 2005 by the Parliament of Indiaand came fully into force on 12 October 2005.

The Act applies to all States and Union Territories of India,

except the State of Jammu and Kashmir - which is covered

under a State-level law.

History of RTI Act, 2005


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What does Right to Information mean?It includes the right to -

Take notes, extracts or certified copies of documents orrecords.

Obtain information in form of printouts, diskettes, floppies,tapes, video cassettes or in any other electronic mode or

through printouts.

Inspect works, documents, records

Take certified samples of material.


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Simply because if you go

into a Govt. office and

demand that they tell you

why your work has not been

done, they will not entertain

you or might even throw you

out. If its a law, Then it

becomes harder to do this. If

they do not give you theinformation you want, they

ill have broken a law and can

be punished for it.

NEED FOR RTI


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AIM & OBJECTIVES OF RTITransparency & Accountability in the working of every public

authority

The duty of Govt. to pro-actively make available key informationto all (Sec 4).

A responsibility on all sections: citizenry, NGOs, media.

The right of any citizen of India to request access to informationand the corresponding duty of Govt. to meet the request, except

the exempted information (Sec. 8/9).


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Powers and functions of Information

Commissions

It shall be the duty of the Information Commission, asthe case may be, to receive and inquire into a

complaint from any personwho has been unable to submit a request to a PIO,

either by reason that no such officer has beenappointed, or

because the APIO has refused to accept his or herapplication or appeal for forwarding the same to thePIO or senior officer or the Information

Commission. s.18 (1)(a)


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(b) who has been refused access to any information

requested.

(c) who has not been given a response to a request for

information oraccess to information within the time

limit specified.


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(d) who has been required to pay an amount of fee

which he or she considers unreasonable.

(e) who believes that he or she has been given

incomplete, misleading or false information under

this Act; and(f) in respect of any other matterrelating to requesting

or obtaining access to records under this Act.


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Where the Information Commission,

is satisfied that there are reasonable grounds to inquire

into the matter, it may initiate an inquiry in respectthereof. s.18 (2)


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(3) The Information Commission shall, while inquiring

into any matter under this section, have the same

powers as are vested in a civil court while trying a

suit under the Code of Civil Procedure in respect ofthe matters under s.18(3).


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The Information Commission may, during the inquiry

of any complaint under this Act, examine any record

which is under the control of the public authority,and no such record may be withheld from it on any

grounds. s.18(4)


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FirstAppeal

Any person who, does not receive a decision within the

time specified or

is aggrieved by a decision of the PIO may within 30days from the expiry of such period or from the

receipt of such a decision prefer an appeal to such

officer who is senior in rank to the PIO in the public

authority.s.19(1)


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Where an appeal is preferred against an order made by

PIO under s.11 to disclose third party information,

the appeal by the concerned third party shall be madewithin 30 days from the date of the order. s.19(2)


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The first appeal shall be disposed of within 30 days of

the receipt of the appeal or within such extended

period not exceeding a total of 45 days from the date

of filing thereof,, for reasons to be recorded in

writing.


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Second appeal

against the decision s.19(1) shall lie within 90 days

from the date on which the decision should have

been made or was actually received, with the

Information Commission. s.19(3)


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The Information Commission shall give a reasonable

opportunity of being heard to the third party If

necessary. s.19(4)

In any appeal proceedings, the onus to prove that a

denial of a request wasjustified shall be on the PIO

who denied the request. s.19(5)


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The decision of the Information Commission shall be

binding. s.19(7)

It has the power to

require the public authority to compensate the

complainant for any loss or other detriment suffered.

s.19(8)


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What is not open to disclosure?The following information is exempted from disclosure (S.8)

Which would prejudicially affect the independence andintegrity of India.

Security, strategic, scientific or economic interests of theState.

Relation with foreign State.

Lead to incitement of an offence.

Information including commercial confidence, trade secretsor intellectual property, the disclosure of which would harmthe competitive position of a third party


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Application procedure for requesting

information?

Apply in writing or through electronic means in English or

Hindi or in the official language or the area, to the PIO(Public

Information Officer), specifying the particulars of the

information required for.

Reason for seeking information are not required to be given;

Pay fees as may be prescribed (if not belonging to the belowpoverty line category).


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FIRST APPEAL

CITIZENS

PUBLIC

INFORMATION

OFFICER

(PIO)

REQUEST

INFORMATION IN 30 DAYS

IF THE INTERESTS OF A THIRD

PARTY ARE INVOLVED THEN TIME

LIMIT WILL BE 40 DAYS

INFORMATION IN 48HOURS INCASE

OF INFORMATION REGARDING LIFE

& LIBERTY


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SECOND APPEAL

Second appeal

(External)

(within 90 days from the date of decision


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Web Site Snapshots (http://rti.gov.in/)


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Web Site Snapshots (Contd)


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Link to Website (http://rti.india.gov.in/)


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File a Complaint


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Complaint Status


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RTI Cost

Application

Fees

Village levelNo fee

Mandal LevelRs 5/- per application

District and higherRs 10/- per

application

Modes Ofpayment

Cash

Demand Draft

Bankers Cheque payable to accounts officer Postal Order

Court Fee stamp


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RTI cost

RTIcharges

Rs 2/- perpage per

copy

CD of 700 MbRs 100/-

DVDRs

200/-

Inspection ofRecordsFirsthour free and

Rs 5/- for each

hour thereafter

1.44 MbFloppy DiskRs 50/-


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Success Story of RTI

Pollution Factory Shutdown

Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour wasrunning illegal plastic factory.

In December2002 he filled a complaint with the deputy Commissioner ofPolice and forwarded a copy to SDM. He visited SDMs office at leastfive times between Feb. and Aug 2003

Then finally he filed an application under RTI act, wanting to know whatwas happening to my complaint.

On September 1 he received a reply ,they had forwarded their complaintto Delhi pollution control committee but no reply had been received.


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Pollution Factory Shutdown (Contd..)

and On September3 he filed a RTI application at DPCC.

Jain got a copy of the DPCCs letter and surprised, they repliedthey had already sent an inspection report of the unit

He himself approached the SDM with copy of DPCC and nextday the factory was sealed.


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