1. Chapter – 2 3. Right to Information and obligations of public authorities 3Subject to the provisions of this Act, all citizens shall have the right to information. 1pkachare@gmail.com

2. 2

3. Obligations of PAs… Maintain all records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act Ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated S.4 (1)(a) 3pkachare@gmail.com

4. Obligations of PAs....................................II Proactively disclose information – [as required by S.4 (1)(b)] – within 120 days of enactment of the Act (i.e. before 12th October, 2005) – under 17 heads as follows: i. Particulars of its organisation, its functions and duties. ii. Powers and duties of its officers and employees. iii. Procedure followed in decision making including channels of supervision and accountability. Contd. 4pkachare@gmail.com

5. Obligations of PAs................. II iv. Norms set by it for discharge of its functions v. Rules, Regulations, Instructions, Manuals and records under its control / used by employees while discharging functions. vi. Categories of documents held by the authority or which are under its control vii. Arrangement for consultation with or representation by the members of the public in relation to the formulation of policy or implementation thereof Contd Contd. 5pkachare@gmail.com

6. Chapter 2 Right to Information and obligations of public authorities Section 3. Right To Information 4. Every Public Authority 5. Designation of Public Information Officers. 6. Request for obtaining information. 7. Disposal of request. 8. Exemption from disclosure of information. 9. Grounds for rejection to access in certain cases. 10. Severability 11. Third party information. 6pkachare@gmail.com

7. Obligations of PAs viii Boards, Councils, Committees and other bodies constituted as part of the public authority. ix Directory of Officers and employees. x Monthly remuneration received by officers and employees including system of compensation. xi Budget allocated to each agency including all plans, proposed expenditure and reports on disbursements made etc. xii Manner of execution of subsidy programmes Contd 7pkachare@gmail.com

8. Obligations of PAs Certain other provisions of the Act for reinforcing a PA’s compliance with S. 4(1)(b) require it to: S.4(1)(c): Publish all relevant facts while formulating important policies or announcing the decisions which affect public S.4(1)(d): Provide reasons for its administrative or quasi-judicial decisions to affected persons S.4(2): Provide the above information at regular intervals through various means of communication including the internet… 8pkachare@gmail.com

9. Obligations of PAs................................VII make information available in the local language and in a cost effective manner, using the most effective method of communication in a local area along with making information accessible, to the extent possible, in electronic format free of cost or at the cost of the medium or prescribed print cost price [S. 4(4)] 9pkachare@gmail.com

10. Obligations of PAs Designation of Public Information Officers (PIOs)[S. 5(1)] / Assistant Public Information Officers (APIOs) [S. 5(2)]: mandatory for a PA within 100 days of enactment of the Act. This was to be done in all administrative units /offices under it – as may be necessary to provide information to those requesting for it under the Act. Note: As with PAs, PIOs would, accordingly, either be Central / State PIOs An APIO was to be designated (also within 100 days) at the sub-divisional or other sub-district level as Central / State APIO. 10pkachare@gmail.com

11. Obligations of PAs – Guidelines from DoPT Creation of a Central Point for Receiving RTI Applications The Act mandates PAs to designate as many PIOs as necessary to provide information under the Act. Where a PA has designated more than one PIO to receive applications…, all PAs are required to create a central point within the organisation to receive all RTI applications and appeals addressed to the First Appellate Authorities (FAAs). An officer should be made responsible to ensure that all the RTI applications/appeals received at the central point are sent to the concerned PIOs / FAAs on the same day. 11pkachare@gmail.com

12. Obligations of PAs – Guideline from DoPT ……...X The Receipt and Issue Section / Central Registry Section of the Ministry / Department / Organisation / Agency etc may be converted as the central point to receive applications and be distributed to the concerned PIOs / FAAs. The R&I / CR Section may maintain a separate register for the purpose. The Officer-in-Charge / Branch Officer of the Section may ensure that the applications / appeals are distributed the same day. [OM No.1/32/2007-IR Dated 14th November issued by DoPT] 12pkachare@gmail.com

13. (Sec. 5(1)) Every Public Authority has to designate PIO to provide information to persons requesting for the information (Sec. 5(2)) Every Public Authority has to designate an officer as APIOS, to receive the application for information or appeals and Forward the same to the concern PIO, within a period of 5 days of the receipt of request. (Sec. 2 (m)) “PIO" means the PIO designated u/s 5(1) and includes a APIO designated u/s 5(2) Who is a PIO ?... Who is APIO ? 13pkachare@gmail.com

14. Who is a PIO ?... Who is APIO ? Sec 5(4) PIO may seek assistance of any other (concerned and / Or relevant) officer 5(5)- Any officer whose assistance has been sought shall render all assistance to the PIO and such officer shall be treated as a PIO Sec. 2 (m) “PIO" means the PIO designated u/s 5(1) and includes a APIO designated u/s 5(2) 14pkachare@gmail.com

15. Sec 5(3) – PIO shall deal with requests / applications and render reasonable assistance to the citizen requesting information Facilitative Role of PIO 15pkachare@gmail.com

16. Who is a Public Information Officer (PIO)? A PIO is an officer designated by the PA: in any of its administrative units to provide information to persons requesting for formation under the Right to Information Act, 2005 An APIO (under the RTI Act, 2005) is any Note: The Act does not prescribe any number or levels for designating PIOs. It has been left to a PA’s judgment to determine an adequate number. Accordingly, PAs have designated more than one PIO –sometimes by even designating PIOs for particular function(s) of the PA. 16

17. Sec 6(1) PIO shall provide all assistance to person making oral request to reduce that in writing Sec 6(3) : Request seeking “Information pertaining to another PA” should be transferred to another PA (within 5 days period) and inform the applicant immediately about this TRANSFER. Sec 6(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. Responsibilities of PIO 17pkachare@gmail.com

18. 18 PROCEDURE FOR OBTAINING INFORMATION UNDER RTI APPLICATION (PARTICLUARS OF INFORMATION SOUGHT FOR) HINDI OFFICIAL LANGUAGE ENGLISH PUBLIC INFORMATION OFFICER (REASON FOR SEEKING INFORMATION NOT NECESSARY) WITH FEE

19. pkachare@gmail.com19 INFORMATION 30 DAYS FROM THE DATE OF APPLICATION 48 HOURS FOR INFORMATION CONCERNING LIFE AND LIBERTY OF A PERSON 40 DAYS IF THIRD PARTY INTERESTS INVOLVED 5 DAYS TO BE ADDED IN CASE APPLICATION TO APIO FAILURE TO PROVIDE INFORMATION WITHIN THE PRESCIBED PERIOD IS DEEMED REFUSAL

20. pkachare@gmail.com20 APIO Receive Application PIO Appeal AA

21. Sec 7(8) Where a request has been rejected, the PIO, shall communicate (i)the reasons for such rejection; (ii)the period within which an appeal against such rejection may be preferred; and (iii)the particulars of the appellate authority.. …..to the person making the request. Disposal of Application – Care and Precaution 21pkachare@gmail.com

22. Sec 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. Disposal of Application – Care and Precaution 22pkachare@gmail.com

23. Disposal of Application Rule 4. (1) Every officer receiving request (u/s 6(1)) under the Act shall give an acknowledgement. (Sec. 7(1)): The PIO shall either provide the information on payment of required fees or reject the request within 30 days from the date of receipt of request. (Sec. 7(3)) : In case of requirement of additional fees, the PIO shall send intimation to applicant indicating “details of further fees.” 23pkachare@gmail.com

24. 24 PIO Receive Application [ Direct or through APIO ] Give Receipt Give Information Transfer Application Reject Application

25. pkachare@gmail.com25 Information Available With PIO Providable Give NOT Providable Reject NOT Available With PIO Available in PIO’s Office (Same P.A.) Deemed PIO Providable Give NOT Providable Reject Available with OTHER Office (Other P.A.) Transfer

26. pkachare@gmail.com26 Request For Information To PIO / APIO Written Application Hard Copy Electronic Means English / Hindi / Local Language Legible Fee to be Paid (Unless BPL) Application Fee Rs. 10=00 (Non Refundable) Fee to Obtain Information To be paid if Info. Given WITHIN Time Limit Not to be asked if Info. Given AFTER Time Limit Specify Information Sought Need not Give any Reasons

27. pkachare@gmail.com27 Time Limits Give Info. Within 30 Days Within 48 Hours LifeLiberty Transfer Within 5 Days Inform Other P.A. Inform Applicant Reject As soon as possible Inform Applicant

28. pkachare@gmail.com28 [Section-7(3)(a)] “Dispatch-Payment” Duration Excluded. “Clock Stops” Days TotalUsedBalance 30525 301020 3015 302010 30255 30 0

29. pkachare@gmail.com29 Inform by R.P.A.D. Speed Post Hand Delivery

30. pkachare@gmail.com30 Fee Structure [ Rule 5(1)(a) to 5(1)(b) ] No.ParticularsRs. 1 Application Fee (Non Refundable) 10=00 2Publication Actual Price 3 A4, A3 Size Paper 2=00 per page 4 Large Size Paper Actual Cost 5 Sample, Model, Photographs Actual Cost 6 Record Inspection (1 st half hr) --- Nil --- 7 Record Inspection (each hr) 20=00 8 Floppy / C.D. 50=00

31. pkachare@gmail.com31 Maharashtra RTI Rules 3 Fee Application Fee (Non Refundable) Cash Demand Draft Pay Order Non - Judicial Stamp Information Fee Cash Demand Draft Pay Order

32. pkachare@gmail.com32 Section : 7(9)

33. EXEMPTIONS pkachare@gmail.com33 Section 8 (1) a) National Security b) Contempt of Court c) Parliamentary Privilege d) Trade Secrecy e) Fiduciary Relationship f) Foreign Government g) Safety of Informer in law Enforcement h) Investigation i) Cabinet Papers j) Privacy Section 9 : Copyright

34. pkachare@gmail.com34 Severability “Partly Access” Inform Applicant Partly Access ReasonsFeesAA Section 8Section 9

35. pkachare@gmail.com35 1 2

36. pkachare@gmail.com36

37. pkachare@gmail.com37

38. pkachare@gmail.com38

39. pkachare@gmail.com39 1 st Appeal to AA [ Form ‘J’ ] AA Personal Hearing optional Applicant / TP SatisfiedDissatisfied 2 nd Appeal to SIC PIO APIO AA

40. pkachare@gmail.com40 2nd Appeal to SIC [ No Prescribed Form ] Applicant / TP SatisfiedDissatisfied High Court SatisfiedDissatisfied Supreme Court Obey the Order PIOAA

41. pkachare@gmail.com41 2nd Appeal to SIC [ No Prescribed Form ] Applicant / TPPIO Acquittance Penalty / Compliance or Both High Court SatisfiedDissatisfied Supreme Court Obey the Order AA

42. pkachare@gmail.com42 Public Interest In the Interest of Public [ Not Individual ] Benefit to Public General Welfare Common Well-being Protection of Public’s Legal Rights

43. pkachare@gmail.com43 Natural Justice Right to be heard Both Parties (Equal Opportunities) Matter Complete & Over Without Bias / Conflict / Interest Good Faith Within Power Reasons for Decision

44. pkachare@gmail.com44 Good Faith (Honestly done act) PromptJustFairReasonableEquitableBonafied

45. pkachare@gmail.com45 Speaking Order Speaking For itself Order with Reasons (Section, Rules) Answer the Questions Why / How / What for Facts in Brief Points for Considerations Satisfaction to Aggrieved Appearance of Justice Minimise Arbitrations / Bias Authority has Applied Mind

46. pkachare@gmail.com46 Skills for PIO & AA …. …. 2.Administration & Judicial Skills Keeping separate Documentations Listening Skills and Reading skills “Discussion” Management Skills Convincing Skills Dictation and/ or writing skills Time Management Skills

47. Skills for PIO …. …. 2. Documentation Skills (Secretarial skills) Keeping and maintaining “in – out ward” register Preparation of RTI Case files Keeping a noting for deciphering the expectations of citizen (i.e. transferring knowledge requirements of citizen into materials requirements) Monitoring the stages for providing information (receipt, transfer, estimation of information pages, demand for extra fee, receipt of extra fee, date of decision, planned date of sending information, actual date and mode of dispatch of information) Keeping proofs for movement of letters, notes, notices, orders, messages etc. (given to OR received by employees – officers/ citizen etc.) 47pkachare@gmail.com

48. 48 Notes for First PIO & AA …. …. 1.Understanding and Clarity about the meaning of words Information, Right to Information, Third Party, Public Interest 2. Awareness about who does what in his PA Categories of functions and information (materials) held by all the employees / officers in PA 3. Norms / Procedures for discharging functions Structural Hierarchy, Preservation of records, Official procedure for provision of budget and funds 4. Keeping Information about circulars, decisions of IC, case laws

49. pkachare@gmail.com49 Skills for AA …. …. 1.Communication Skills (Verbal and writing skills) providing advise to citizen/ to PIO starting a file and making note, asking for compliance of incomplete appeals, issuing notice for hearing issuing instructions to PIO/s writing well reasoned and speaking order Providing written decision in an appeal

50. pkachare@gmail.com50 Action Taken in Good Faith PIO to prove - Care -Attention given to the request of the citizen. = Document every thought / perception and action =Keep proof of receipt and release of correspondence =Develop coordinal relationship with citizen

51. Chapter 3 The Central Information Commission Section 12. Constitution of Central Information Commission 13. Term of office and conditions of service. 14. Removal of Chief Information Commissioner or Information Commissioner. 51pkachare@gmail.com

52. Chapter 4 The State Information commission Section 15. Constitution of State Information Commission. 16. Term of office and conditions of service. 17. Removal of State Chief Information Commissioner or State Information Commissioner 52pkachare@gmail.com

53. Chapter 5 Powers and functions of the Information Commissions, appeal and penalties Section 18. Powers and functions of Information Commissions. 19. Appeal 20. Penalties 53pkachare@gmail.com

54. Functions of First Appellate Authority... 1.Taking Responsibility of making available the “Information”. (He is senior to the PIO) 2.Dealing with the appeals of Citizen 3.Providing equal and reasonable opportunity to all parties 4.Deciding on the Appeals 5.Giving required directions and guidance to PIOs 6.Providing Information directly or through PIO 7.Providing Security to exempted information 8.Rejecting Appeals 54pkachare@gmail.com

55. Chapter 6 Miscellaneous Section 21. Protection of action taken in good faith. 22. Act to have overriding effect 23. Bar of jurisdiction of courts 24. Act not to apply to certain organisations 25. Monitoring and Reporting 26. Appropriate Government to prepare programmes 27. Power to make rules by appropriate Government 28. Power to make rules by competent authority. 29. Laying of rules. 30. Power to remove difficulties. 31. Repeal 55pkachare@gmail.com

56. A citizen may file a complaint U/s 18 to Information Commission when…. PIO refused to take RTI application No informatio n Officer appointed Incomplete, Misleading or false Information given Access to Information refused Complaint Under Section 18 Unreasonable fees charged No response Within time- limit Any other matter Relating to requesting or obtaining Access to information 56pkachare@gmail.com

57. The Citizen has a right to appeal…. The Citizen has the right to Make a first appealMake a complaint to Information Commission Make a second appeal to Information Commission 57pkachare@gmail.com

58. 58 Grounds for Appeal [Section 19(1)]  Not received information within Time Limit  Unreasonable Fee asked  Aggrieved by decision of the PIO

59. pkachare@gmail.com59 Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Refused to receive application

60. pkachare@gmail.com60 Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Not furnished information within time specified

61. pkachare@gmail.com61 Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Malafidely denied the request for information

62. pkachare@gmail.com62 Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Knowingly given information which is Incorrect Incomplete Misleading

63. pkachare@gmail.com63 Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Destroyed information Obstructed in any manner in furnishing the information

64. pkachare@gmail.com64 AA & SIC Sr.ParticularsAASIC 1Appeal 1 st 2 nd 2 By Whom ? Applicant, TP 3 Appeal within (Normally) 30 days 90 days 4 Appeal within (Special Case) >30 days > 90 days

65. pkachare@gmail.com65 AA & SIC Sr.ParticularsAASIC 5 Disposal within (Normally) 30 days No Limit 6 Disposal within (Special Case) 45 days No Limit 7 Civil Court’s Power ? NoYes 8 Can impose PENALTY ? NoYes

66. pkachare@gmail.com66 AA & SIC Sr.ParticularsAASIC 9 Can recommend disciplinary actions ? [Sec. 20(2)] NoYes 10 Can issue summons ? NoYes 11 Can initiate inquiry ? NoYes

67. pkachare@gmail.com67 AA & SIC Sr.ParticularsAASIC 12 Can compel for oath ? NoYes 13 Can obtain evidence on affidavit ? NoYes 14 Can examine record of any P.A. / Court ? NoYes

68. pkachare@gmail.com68 AA & SIC Sr.ParticularsAASIC 15 Decision binding ? Not Specified Yes 16 Loss Compensation Powers ? NoYes 17 Inquire any complaint from any person ? NoYes

69. pkachare@gmail.com69 Public Authorities ! Be Careful… !!! Citizens Can Ask

70. pkachare@gmail.com70 Precautions Appoint as many PIOs as required. Precautions

71. pkachare@gmail.com71 Precautions Which PIO v/s Which information ? Precautions

72. pkachare@gmail.com72 Precautions Issue “Speaking Order” if “Rejected”. Precautions

73. pkachare@gmail.com73 Precautions Be updated regarding “other” Public Authorities. Precautions

74. pkachare@gmail.com74 Precautions Maintain ONE Register for RTI… Application » Replied / Not Replied » Transfer : Whole / Partly » Reject Fee : Application Fee / Information Fee Appeals : AA / SIC Review such Register every week. Precautions

75. pkachare@gmail.com75 Precautions Proper Documentation One File for one RTI Application Special Identification Mark RTI Application (eg. Rubber Stamp) RTI files (eg. Specific colour for file cover) RTI bundles (eg. Specific colour for bundles) Precautions

76. pkachare@gmail.com76 Precautions Follow F.I.F.O. “First In, First Out.” Precautions

77. pkachare@gmail.com77 Precautions Deal the RTI Application as “Starred” LAQ. Precautions

78. pkachare@gmail.com78 Precautions Inquire Daily… “Is there any RTI Application TODAY” ? Precautions

79. pkachare@gmail.com79 Precautions Empathy for Citizens Precautions

80. pkachare@gmail.com80

81. pkachare@gmail.com81 Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 1 Application from APIO to PIO Immediately 5 days 2 Information to Applicant (Life & Liberty) Immediately 48 hours 3 Information to Applicant (except Life & Liberty) Immediately 30 days 4 PIO to make DECISION (Third Party) Immediately 40 days

82. pkachare@gmail.com82 Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 5 Transfer of Application to other P.A. Immediately 5 days 6 Rejection of Application [ Section 8 & 9 ] Immediately As soon as possible 7 Written Notice from PIO to Third Party Immediately 5 days 8 Third Party’s Reply to PIO Immediately 10 days

83. pkachare@gmail.com83 Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 9 1 st Appeal : Applicant to AA Decision from PIO 30 days, 45 days 10 1 st Appeal : Third Party to AA Decision from PIO 30 days, 45 days 11 2 nd Appeal : Applicant to SIC Decision from PIO 90 days, > 90 days

84. Proactive Disclosure Before After 84pkachare@gmail.com

85. Jeremy Cronin: "Democracy is speaking truth to power, making power truthful, and truth powerful." 85pkachare@gmail.com

86. Information as resource “Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit.” William Pollard 86pkachare@gmail.com

87. 87 Knowledge, Truth and Action (Bhagavadgita Chap. 4) “Truth about the ACTION must be known Truth about the INACTION must be known; Truth about the PROHIBITED ACTION must be known Mysterious are the ways of ACTION” “ ”

88. pkachare@gmail.com88 THANK YOU ALL

89. pkachare@gmail.com89 Thank You