RIGHT TO INFORMATION ACT 2005

Right to Information Act 2005 Democracy requires An information citizenry Transparency of information which are vital to its functioning to contain corruption To hold governments and their instrumentalities accountable to the governed.

Aim and Objectives of RTI Act Transparency & Accountability in the working of every public authority The right of any citizen of India to request access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/9) The duty of Govt. to pro-actively make available key information to all (Sec 4). A responsibility on all sections: citizenry, NGOs, media.

What is a Public Authority ? “Public Authority” means any authority or body or institution established or constituted By or under the constitution; By any other law made by Parliament; By any other law made by State Legislature; By notification issued or order made by the appropriate Government and includes any i) body owned, controlled or substantially financed, ii) non - Government organization substantially financed directly or indirectly by funds provided by the appropriate Govt;

What does Right to Information mean It includes the right to – Inspect works, documents, records Take notes, extracts or certified copes of documents or records Take certified samples of material Obtain information in the form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts {S.2(j)}

What does information means ? Did material held in any form including electronic :- Records Documents Memos Opinions & advices Press releases Circulars, orders & logbooks Contracts Reports, papers samples & models

Coverage RTI Act came into effect from 12th October’ 2005. Covers central, state and local governments and all bodies owned, controlled or substantially financed by the respective Governments; Non-government organization substantially financed directly or indirectly by funds provided by the appropriate government. Executive, judiciary and legislature Includes information relating to private body which can be accessed by under any other law for the time being in force.

Obligations Every public authority shall – Maintain all its 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 computerized are within a reasonable time and subject to availability of resources.

What is not open to disclosure ? The following information is exempted from disclosure (S.8) Which would prejudicially affect the sovereignty and integrity of India. Security, strategic, scientific or economic interests of the State. Relation with foreign State. Lead to incitement of an offence. Forbidden to be published by any court of law or tribunal or the Disclosure of which may constitute contempt of court ;

What is not open to disclosure ? Contd….. Which would cause a breach of privilege of parliament or the state legislature ? Commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, competent authority if satisfied that larger public interest is served can allow the disclosure of such information; Information available to a person in his fiduciary relationship, competent authority if satisfied that the larger public interest can allow the disclosure of such information; Information received in confidence from foreign government.

Types of issues that can be solved using RTI. For a legitimate work which is pending: Issue of passport. Decision by the administrative authority. Faulty construction Issue of any type of license. Issue of various certificates of marriage, death, birth, SC/ST & OBC etc. Inclusion of name in voters’ list Issue of Voter ID Card. Correction of water, electricity, telephone bills, change of faulty meter, providing new water or electricity connection, etc. Filing of FIR. Claiming various kinds of refunds or payments etc like tax refund, medical reimbursement, provident Fund etc.

What is the 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, specifying the particulars of the information sought for. Reason for seeking information are not required to be given; Pay fees as may be prescribed (if not belonging to the below poverty line category).

Fees and Charges Different reasons for which fee is payable are as follows: Application fee Rs. 10/- . If information is required in electronic media – floppy / CD, etc charges for the same. Photocopy charges of Rs. 2/- per page. Inspection charges of relevant files, documents and records – * No fee for first hour of inspection. * Rs. 5 for every subsequent hour or fraction thereof.

Fees and Charges Processing expenses incurred by the Public Information officer to be intimated in writing. Application can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority; No fees from people living below the poverty line. Free of cost if the PIO fails to comply with the prescribed time limit.

Time limit to get the information 30 days if application is filed with the PIO. 35 days in case it is filed with the Assistant PIO. 48 hrs in case the matter to which the information pertains affects the life and liberty of an individual.

What is third Party ? A third party means a person or public authority who has given information to the Government in confidence and for this the third party has a right to be heard in case such information is being divulged by the CPIO / APIO to the applicant.

Central Information Commission: An autonomous body to inquire into complaints received from citizens. One can complain to the CIC if refused access to information or how the public authority has handled your requested, for instance; Failure to respond to your request within 30 working days or failure to explain why an extension is needed. Failure to give you proper advice and help within the stipulated time. Failure to give information in the form in which you asked for it. Failure to properly explain reasons for refusing your request, for instance if the public authority believes that giving you information would harm a criminal investigations.

Information CIC needs Name and address of the applicant. Name and address of the Central Public Information. Particulars of the order including number, if any, against which the appeal is preferred; Brief facts leading to the appeal. If the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the Central Public Information Officer to whom the application was addressed; Grounds for the prayer or relief. Verification by the appellant and Any other information which the Commission may deem necessary for deciding the appeal.

Penalties Imposable by Information Commission on PIO or officer asked to assist PIO. For unreasonable delay Rs 250 per day up to Rs. 25,000. For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. up to Rs. 25,000 fine. Recommendation for departmental action for persistent or serious violations. However, no criminal liability. Immunity for actions done in good faith(S.21).

Recent Cases of Penalties The Official, KD Bansor, the first Central Govt. official to lose Rs. 12,500 from her salary for violations under the RTI Act. Fine deducted from salary in two months for denying information and deposited with the Central Information Commission. Bansor, an under secretary and Tikam Singh, a Section Officer of the National Commission for Scheduled Castes and Schedule Tribes were fined Rs. 25,000, maximum amount under RTI Act.

Universal Access to Poor No fee for BPL. Reasonable other charges (quantum not specified) Filling application / appeals to be facilitated by APIO at sub-district levels. No need to specify reason for seeking information or other personal details. Provision to provide all required assistance, including to disable person. Information to be provided in local languages. Provision for damages. Open only to citizens of India.

PIO / APIO & Appellate Authority in DoT Appellate Authority – Shri Kirthy Kumar, Deputy Director General (Co-ordination & Administration) Room No. 307, Sanchar Bhawan, 20 Ashoka Road, New Delhi-1. Tel. No. 011- 2337246,23036881 Public Information Officer – Shri A.K.Biswas, Deputy Secretary, (Co-ord.), Room No. 303, Sanchr Bhawan, 20 Ashoka Road, New Delhi-1. Tel. No. 23036094 Assistant Public Information Officer- Shri Kshitij Mohan,Under Secretary(Co-ord.), Room No. 512-A, Sanchar Bhawan, 20 Ashoka Road, New Delhi-1

CCA Offices In the DoT Website most of the information as per the Right to Information Act, 2005 para 4(I)(b) is available however whereas the role and responsibilities of all wings in the Directorate are given in detail along with the Telecom Engineering Centre (TEC) there is no mention of the CCA Offices, their role and functions.

Disclosure of File Notings The ongoing debate over disclosure of file notings ends. The CIC, has made it clear that the file nothing may be asked to be provided to information seekeers under the Act. The commission sternly directe4d DoP & DoT to “ Suitably amend its website” in a month and remove all such instructions which were contrary to CIC’s earlier decisions pertaining to disclosure of file notings. The order dated 29th Jan’2007 came on an appeal filed by one Pyare Lal Verma who was denied disclosure of certain file nothing by the railways on the ground that as per the DoP & DoT website such nothings cannot be acceded to under the act.

Combination of intimidation and mindless application of RTI A farmer in Chattisgarh given a bill of Rs. 1,82,000(Costs incurred for photocopying the official documents relating to the purchases on paddy in his area) A residence of Bilaspur district, Chattisgarh was told to pay Rs. 75,000 for information on the position available for school teachers.

RTI success stories Citizen uses RTI to get elusive pension. Using RTI to Pull up Fair Price Shops in Kalol Taluka of Gujarat. Right to Information- Is Media Playing its Role? Citizen uses RTI for getting Municipality its dues from Government. Citizen uses RTI to make the administration work according to Rule. Official fined Rs. 18,000 under Info Act. Rajasthan villagers use RTI to end woes. Pune Municipal Corporation uses RTI Act to obtain info from ST Department. Official fined Rs. 40,000 under RTI Act by CIC, Chattisgarh. RTI revives Panchayat Social Justice Committees in Gujarat.

THANK YOU