Right To Information (RTI) Awareness Workshop APCR Karnataka Chapter Association for Protection of Civil Rights

Agenda The People You should know for RTI How to Write an Application under RTI? First Appeal Second Appeal What all Information can be sought? Exempted Organisations Summary Association for Protection of Civil Rights

The People You Should Know For RTI Association for Protection of Civil Rights

Filing Of RTI Application Association for Protection of Civil Rights

Simple Tips To Write An RTI Application Application Under RTI Act 2005 From, <Your Address> To, P.I.O., <Office Name & Address> <Here Mention the information sought> Association for Protection of Civil Rights

Examples Of Information Sought Passport Not Received {To PIO, Passport Office} What is the status of passport application No XXX? Please furnish the action taken each day after submission of application. Details of police case {To PIO, DG/IG Maharashtra Police} For Person named Sadik Ahmed son of Riyaz Ahmed residing at ………….please mention if any case is lodged against him in any police station of Maharashtra. If yes, please provide detail of the case. Association for Protection of Civil Rights

Fees Thru Postal Order (Central Govt) Association for Protection of Civil Rights

Fees Thru Court Stamp (Maharashtra Govt) Association for Protection of Civil Rights To be Stuck on the RTI Application

Ideal Process Of Seeking Information You PIO RTI Appln + Rs. 10 Fee Speed/Reg Post with Ack Association for Protection of Civil Rights Replies in Maximum 30 days

Process when additional fees are Reqd You PIO RTI Appln + Rs. 10 Fee Speed/Reg Post with Ack PIO asks for additional fees Association for Protection of Civil Rights Addional fees paid by you Replies in Waiting period + maximum 30 days

What Are the Fees Involved? Association for Protection of Civil Rights

Process When Sent to Wrong PIO You Wrong PIO RTI Appln + Rs. 10 Fee Speed/Reg Post with Ack Informs you about Forwarding Forwards in Maximum 5 days Association for Protection of Civil Rights Right PIO Replies in Maximum 30+5 days

Time Limits For Disposal Of Applications? Association for Protection of Civil Rights

First Appeal Association for Protection of Civil Rights

When can You go for First Appeal? You have not received any reply from the PIO within the specified time limit You are not satisfied with any of the PIO’s response(s) You have been refused information by the PIO You have been given only partial information You have been provided incomplete information You have been charged unreasonable fee for accessing information Association for Protection of Civil Rights Fees of Rs.20 should be paid for First Appeal

Time Limits On You For Filing First Appeal? Within 30 days from the receipt of RTI response or thirty days from the expiry of period of receiving the RTI response FAA may accept your appeal after the above mentioned 30 days if he / she is satisfied that you were prevented by sufficient cause from filing the appeal in time. Association for Protection of Civil Rights

Time Limits On FAA To Repond To Appeal? 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, (In case of the latter), reasons have to be recorded in writing by the FAA. Association for Protection of Civil Rights

Second Appeal Association for Protection of Civil Rights

Time Limits On You For Filing Second Appeal? A second appeal against the decision of an FAA shall lie with CIC, within 90 days from the date on which the decision should have been made or was actually received, CIC may admit the appeal after the expiry of the period of 90 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time Association for Protection of Civil Rights

What All Information Can Be Asked? • Records; • Opinions; • Orders; • Documents; • Advices; • Logbooks; • Memos; • Press releases; • Contracts; • e-mails; • Circulars; • 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. Association for Protection of Civil Rights

Ways of Receiving Information? Obtaining information – stored in a computer or in any other device – in the form of diskettes, floppies, tapes, video cassettes or in any form electronic mode or through print outs Inspection of work, documents or records taking notes, extracts or certified copies of documents or records taking certified samples of material Association for Protection of Civil Rights

Exempted Organisations (Central List) 1. Intelligence Bureau. 2. Research and Analysis Wing of the Cabinet Secretariat. 3. Directorate of Revenue Intelligence. 4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement. 6. Narcotics Control Bureau. 7. Aviation Research Centre. 8. Special Frontier Force. 9. Border Security Force. 10. Central Reserve Police Force. 11. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 15. Sashastra Seema Bal. 16. Directorate General of Income-tax (Investigation). 17. National Technical Research Organisation. 18. Financial Intelligence Unit, India. 19. Special Protection Group. 20. Defence Research and Development Organisation. 21. Border Road Development Board. 22. National Security Council Secretariat. Association for Protection of Civil Rights

Exception To Exempted Organisations Allegations of Corruptions Allegations of Human Rights violation Information to be provided after approval of Central Information Commission within 45 days of receipt of request Association for Protection of Civil Rights

SUMMARY OF RTI RTI is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Association for Protection of Civil Rights

Summary Of Rights under RTI Make a request to PIO or APIO. Choose medium of request. Choose language of request. Seek exemptions for fees. Seek help for writing request. Reason for request not required. Receive information, if request is transferred. Presumption of refusal and consequent right to complaint / appeal. Association for Protection of Civil Rights

Summary Of Rights under RTI Knowing costing details. Waiver of costs Reasons for rejection of request Know details to proceed with appeal Choose medium of response to be received, including sample Partial access to records with reasons on limits to access Complaints appeal against refusal / rejection of request or unreasonable fee Association for Protection of Civil Rights

Summary Of Rights under RTI Appeal / Second appeal Request penalty / disciplinary action against PIO Force burden of proof on PIO Demand third party and private party information Demand on-site inspection Demand compensation Association for Protection of Civil Rights

Resources www.rti.gov.in www.cic.gov.in Association for Protection of Civil Rights

Thank You Association for Protection of Civil Rights www.apcrindia.org