Right To Information Act

2 The Real ‘Swaraj’ will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. – Mahatma Gandhi

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Constitutional Base 4 Article 14 : Right to Equality- Equal treatment before law Article 19 : Right to Freedom- freedom of Speech and Expression Article 21 : Protection of Life & Personal Liberty [Proviso 7(1)- within 48 hours]

RIGHT TO INFORMATION 5 PARADIGM SHIFT An act which will be implemented by the people and acted upon by the government

Basic Tenets 6 Disclosure a rule and Secrecy an exception Transparency means public interest Public Interest overrides It is a part of Global Process. Governance will improve

Information means: 7 Information includes records, documents, memos, s, opinions, advises, press releases, circulars, orders, log-books, contracts, reports, papers, samples, models, data held in electronic form. Also includes information relating to any private body which can be accessed by a public authority.

Right to information means 8 Inspection of work, documents, records Taking notes, extracts, or certified copies of documents or records Taking certified samples of material 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

Obligations of Public Authorities : 9 Every public authority shall maintain all its records duly catalogued and indexed in a manner and form, which facilitates the right to information Shall also publish the information of the organization regarding structure, functions and duties, procedure followed, decision making process, directory of officers and employees, names and designations of public information officers etc.,

Procedure for obtaining information : 10 Every person seeking the information shall request orally or in writing or through electronic means paying the requisite fees at the following rates : In respect of public authorities at the Village Level – No fee ; In respect of public authorities at Mandal Level – Rs. 5/- per application ; In respect of public authorities other than those covered above – Rs. 10/- per application ;

11 The sale price of publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form. e) Other than priced material : i) Material in printed or text form (in A4 or A3 size paper) Rs.2/- per each page per copy; Material in printed or text form in larger than A4 or A3 size paper - actual cost thereof; Maps and plans – actual cost thereof; Information in Electronic format viz., Floppy, CD or DVD: (a) Rupees fifty for Floppy of 1.44 MB; (b) Rupees one hundred for CD of 700 MB; and (c) Rupees two hundred for CD (DVD).

12 Samples and models – actual cost thereof; vi) Inspection of records – no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter; vii) Material to be sent by post – the actual postal charges in addition to the charge payable as per the rules. The applicant is not required to give any reason or any other personal details except those that may be necessary for contacting him.

Disposal of Request : 13 The Central Public Information Officer or State Public Information Officer within 30 days either provide information or reject with reasons and the period within which appeal can be preferred and particulars of the appellate authority. If the information sought for concerns the life and liberty of a person, the same shall be provided within (48) hours of the receipt of request.

Disposal of Information of Third Party : 14 A Central Public Information Officer or State Public Information Officer intends to disclose any information which relates to a third party and treated as confidential by that third party, he shall be invited to know whether the information should be disclosed. Except, in case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party.

15  Require the public authority to compensate the complainant for any loss or other detriment suffered.  Impose a penalty of Rs.250/- each day not exceeding Rs.25,000/- till application is received or information furnished.  Also recommend for disciplinary actions against Central Public Information Officer or State Public Information Officer under Service Rules applicable to them. Penalties provided under the Act :

16  The burden proving that he acted reasonably or diligently is on the Central Public Information Officer or State Public Information Officer.  The Penal provisions are the real teeth of the Act, which if properly implemented will bring the rule of law into governance.

Important Provisions 17 PIOs for every public authority – 30 days period for providing information Senior officer to be appellate authority Fixed time for disposal of appeals. Provision for deemed disposal at PIO as well as Appellate level.

18 Penalty to be imposed by information commissioner after opportunity to be heard – burden of proof on PIO Fees levied also can be challenged. Third party clause is included. Proactive disclosure is mandatory. Information which can not be denied to the

Cont … Important Provisions 19 Parliament or the state Legislature can not be denied to any person. Administration of the act & second appeal vested with Information Commission. RTI Act 2005 overrides Official Secret Act.

20 Available Information & Common Man Proactive Disclosure BeforeAfter

Exemption clause in detail 21 National security Trade secrete/IPR/copy right Privacy Foreign relation Danger to life & physical safety Impede the investigation Cabinet papers Public interest v/s protected interests

Monitoring 22 Quantitative and qualitative – devise formats Trainings and workshops Consultation and review Involve Civil society Responsive government Continuous improvement by issue of guidelines. Periodical evaluation & Monitoring & Annual report.

23 Monitoring and Reporting:  The Central Information Commission or State Information Commission as the case may be, shall prepare a report on the implementation of the Act at the end of every year and forwarded it to the appropriate Government.  The respective Government cause a copy of such report to be laid before each House of Parliament and State Legislature as the case may be.