1. The Right to Information : A Tool For Good Governance And How to Use RTI Effectively ? By: Abdul Hafiz Gandhi, Research Scholar, JNU. Email: abdulhafizgandhi@gmail.comabdulhafizgandhi@gmail.com www.facebook.com/abdulhafizgandhi Mob.: 09953585693 26 th March, 2013 11.30 am to 1.30 pm Organised by: Faculty of Law, Aligarh Muslim University, Aligarh, UP.

2.  Why we need RTI?  Culture of secrecy prevalent in government  Lack of accountability in public offices  Lack of knowledge as to where to go for information  Badly maintained records  To make government more responsive 2

3. Information is Key to 3 Democratic process and and good governance Curb corruption and andInefficiency in public offices Humandevelopment Realization of human rights

4. Chronology of Freedom of Information Laws Sweden 1766 Colombia 1888 Finland 1951 USA 1966 Denmark, Norway 1970 France 1978 Australia, New Zealand 1982 Canada 1983 India 2005 (But prior to this, state legislations were there)

5. Status of RTI Laws on the Planet

6. Chronology of Right to Information Laws in Indian states : Tamil Nadu and Goa 1997. Rajasthan, Karnataka 2000 Delhi 2001 Maharashtra, Assam 2002 Madhya Pradesh 2003 Jammu and Kashmir 2004

7. Status of RTI Laws in India

8. Decisions of Supreme Court of India making right to information as ‘Fundamental Right’ In Bennett Coleman v. Union of India, in 1973, Supreme Court of India ruled that the right to freedom of speech and expression guaranteed by Art. 19(1) (a) included the right to information. In State of UP v. Raj Narain, in 1975, Justice Mathew explicitly stated: It is not in the interest of the public to ‘ cover with a veil of secrecy the common routine business … the responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption. ’ Maneka Gandhi v. Union of India [AIR 1978 SC 597] Justice V.R.Krishna Iyer observed that ‘a government which functions in secrecy not only acts against democratic decency but also buries itself with its own burial’

9. In S.P. Gupta v. Union of India, in 1982, the right of the people to know about every public act, and the details of every public transaction undertaken by public functionaries was illustrated. In Secretary, Ministry of I & B, Government of India v Cricket Association of Bengal, in 1995, the Supreme Court held that the right to impart and receive information from electronic media was included in the freedom of speech. In People ’ s Union for Civil Liberties v. Union of India, in 2004, the right to information was further elevated to the status of a human right, necessary for making governance transparent and accountable. It was also emphasized that governance must be participatory.

10. Justice Mathew of Supreme Court of India ruled in the Raj Narain case,1975, "In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. Their right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary when secrecy is claimed for transactions which can at any rate have no repercussion on public security."

11. Constitutional Provisions for RTI  The Right to Information is a fundamental right under the Constitution of India  Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)  Information is necessary for protection of the right to life and liberty. It is therefore the part of Article 21 also.

12. This right started to be recognized by Indian judiciary by 1970s. This right was difficult to enforce without going to the Higher Judiciary. One needed to approach Supreme Court and High Courts under Article 32 and 226 to enforce this right. The Right to Information Act, 2005 is a codification of this important right of citizens.

13. Why was there need for RTI? Because overriding all these, was the Official Secrets Act, 1923 which threw a veil of secrecy on Government procedures/processes. Because Article 19(1)(a) is not absolute right and has reasonable restrictions under Article 19(2)

14. Section 5 (1) of the Official Secrets Act, 1923 says- The disclosure of any information that is likely to affect the sovereignty and integrity of India, the security of the State, or friendly relations with foreign States, is punishable by this Act. Thus in the name of sovereignty, information was kept in secrecy. Section 5 of the Official Secrets Act, 1923

15. But openness of governmental processes is conducive to good governance

16. Transparency and Accountability for Key Attributes of Good Governance  Transparency  Responsibility  Accountability  Participation and  Responsiveness (to the needs of the people)

17. Need for a Law on Right to Information  To make access to information a reality for every citizen  To make operational the fundamental right to information.  To set up systems and mechanisms that facilitate easy access to information.  To promote transparency and accountability and enable people’s participation in governance.  To minimize corruption and inefficiency in public offices. 17

18. Historical Background  1990- PM Mr. V.P. SINGH stressed on Right to information as a legal right, which need to be codified  1994- A strong grass root movement spearheaded by MKSS ( Mazdoor Kissan Shakti Sangathan) created mass awareness and a demand for legislation  1996- Press Council of India drafted a Bill  1997- NIRD ( National Institute of Rural Development) Freedom of Information Bill,1997 18

19.  1997- A working committee headed by Mr. Arun Shourie drafted the Freedom of Information Bill,1997  2000- Freedom of Information Bill, 2000 was tabled in the Parliament and after some debate was referred to a committee for review 19

20.  2002- NDA Government enacted The Freedom of Information Act, 2002 but it never came into force.  2004- The UPA Government finally tabled a new Right to Information Bill, 2004 in Parliament  2005 – On 15 June, 2005, President Mr.APJ Abdul Kalam gave his assent and The Act became operative from 12 October, 2005. 20

21. RIGHT TO INFORMATION ACT, 2005  The Freedom of Information Act, 2002 has been repealed by the Right to Information Act, 2005. ( Section 31 of RTI, Act 2005 )  This is a Central Act which extends to the whole of India except the state of Jammu & Kashmir.  The Act contains 6 chapters and 31 sections with 2 schedules. 21

22. So What is Right to Information? Asking for and being given information as a matter of right

23. What Right to Information Act does?  It establishes a process for accessing information held by public authorities  It ordinarily places an obligation on public authorities to give information  It provides a grievance redressal mechanism for citizens who have been denied information in an unreasonable manner

24.  Grassroot level movement  India is the only country to call it a ‘Right’ and not ‘Freedom’.  RTI, FOI, ATI Important Facts about RTI in India

25. Enforcement of the RTI Act, 2005 The provisions of section 4 (1), sections 5(1) and 5(2) sections 12, 13, 15,16, 24, 27 and 28 came into force at once, and the remaining provisions of this Act came into force on the one hundred and twentieth day of its enactment. ( i.e. after 4 months) 25

26. Extract from the Preamble to RTI Act, 2005 Democracy requires an informed citizenry transparency of information which are vital to its functioning to contain corruption and to hold Governments and their instrumentalities accountable to the governed RTI declares that Sovereignty is vested in the Citizen

27. A paradigm shift From repressive regime of Official Secret to Practical regime of right to information From office-centric to citizen-centric regime thus promoting - transparency - accountability - containing corruption Results: 1. Informed citizenry 2. New relation between government and governed

28. All Citizens shall have the Right to Information (Section 3)

29. ‘Definitions – Section 2’ Information- 2 f  Records,  documents,  memos,  e-mails,  opinions,  advice,  press releases,  circulars,  orders, Information about private bodies that can be accessed under existing laws by a public authority (Sec. 2)  logbooks,  contracts,  reports,  papers,  samples,  models,  data material held in electronic form

30. ‘Record’ - Definitions Any document, manuscript and file Sec. 2 (i) Any microfilm, microfiche and facsimile copy of a document Any reproduction of image or images embodied in such microfilm (whether enlarged or not) Any other material produced by a computer or any other device

31. 31 Section 2 (j) “ Right to Information m eans the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to– (i)inspection of work, documents, records; (ii)taking notes, extracts or certified copies of documents or records; (iii)taking certified samples of material; (iv)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.

32. What Right a citizen has under the Act  A citizen has right to information at par with the Members of Parliament.  A citizen has a right to seek information from a public authority which already exists and is held by the public authority.  The PIO is not supposed to:  create information;  to interpret information;  to solve the problems raised by the applicants;  to furnish replies to hypothetical questions.  The right includes:  inspection of work, documents and records;  taking notes, extracts or certified copies of documents or records; and  taking certified samples of material.  seeking information

33. Seeking information  Identify the Public authority where the information is available  Draft focused questions  Submit the application to the PIO or APIO  Wait for the decision

34. Competent Authority [Sec. 2(e)]  Speaker Lok Sabha / Vidhana Sabha  Chairman of the Rajya Sabha / Legislative Council  Supreme Court and High Courts – Chief Justices  President of India or the Governor for all other authorities created by or under the Constitution  For UTs – Administrator (Lt. Governor)

35. 35 Definition Section 2(h) " public authority" means any authority or body or institution of self- government established or constituted – (a)by or under the Constitution; (b)by any other law made by Parliament; (c)by any other law made by State Legislature; (d)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 Government. Note: What is ‘appropriate government’? Section 2(a)

36. [Sec. 2(h)] What is Public Authority?  Any authority or body constituted under the Constitution or law made by Parliament / State Legislature  Any authority or body constituted by notification issued or order made by Central /State Govts.  Any other body owned or controlled by the Central / State Govts.

37. Duty of Pro-active Disclosure- Soul & Heart Public Authority Section 4: Every Public Authority must publish these on a regular basis - 1. Particulars of its organisation, duties and functions 2. Powers and duties of its officers and employees 3. Procedure to be followed in its decision- making process, including channels of supervision and accountability 4. Norms set out by it for discharge of its functions

38. 5.Information about rules, regulations, instructions, manuals & records used by its employees for discharging its functions 6.Statement of the categories of documents held by it or under its control 7.Details of any arrangement for consultation or representation by members of public in relation to policy formulation and implementation

39. 8. List of boards, councils committees and other bodies consisting of 2 or more persons for getting advice including whether their meetings are open to the public or if minutes of meetings are accessible to them 9. Directory of its officers and employees 11.Budget allocated to each of its agencies, indicating particulars of all plans, proposed expenditure and reports of disbursements. Monthly remuneration received including the system of compensation as provided in its regulations 10. Monthly remuneration received including the system of compensation as provided in its regulations

40. Information Disseminators [Sec. 5] Public Information officers (PIOs) must be designated in each Public Authority at the level of its administrative units or offices under itPublic Information officers (PIOs) must be designated in each Public Authority at the level of its administrative units or offices under it Asst. PIOs must be designated at sub- divisional or sub-district levelAsst. PIOs must be designated at sub- divisional or sub-district level

41. Duties of PIO  Accept requests and give information within time limit  Assist those who cannot read and write to fill up application  Give information in the format requested as far as possible  If granting partial access give reasons why and the materials on the basis of which this decision was taken

42. Appellate Authority (AA) First Appeal (Internal) The officer senior in rank to the PIO in the concerned public authority (Within 30 days from the date of refusal letter but delay may be condoned if sufficient cause is shown) [Sec. 12-19] Time limit = 30 days

43. Appellate Authority (AA) Second appeal (External) to Central/State Information Commission (within 90 days from the date of decision of first AA but delay may be condoned if sufficient cause is shown) No time limit for CIC/SIC to decide on appeals Burden of proof lies on PIO for justifying denial of information Appeal against IC’s decision can be filed in High Courts/Supreme Court, not lower courts Decision of CIC/SIC is binding [Sec. 12-19]

44. What is not open to disclosure? Section 8  Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence  Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;  Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;  Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;  Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

45.  Information received in confidence from foreign Government;  Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;  Information which would impede the process of investigation or apprehension or prosecution of offenders;  Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;  Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;  Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

46.  Time bound disclosure All information about any event, occurrence or matter must be given after 20 yearsAll information about any event, occurrence or matter must be given after 20 years information relating to sovereignty, security, integrity, scientific and economic interest of the Stateinformation relating to sovereignty, security, integrity, scientific and economic interest of the State Except… information that may lead to commission of an offenceinformation that may lead to commission of an offence Cabinet papers and records of deliberations of Council of Ministers, Secretaries and other officersCabinet papers and records of deliberations of Council of Ministers, Secretaries and other officers [Sec. 8(3)] information that may lead to breach of privileges of Parliament and State Legislaturesinformation that may lead to breach of privileges of Parliament and State Legislatures

47. Application Process  Apply in person or electronically (Reasons for seeking information shall not be asked)  Time limit for giving information  If information concerns life and liberty of a person  If information is given by third party then invite objections if any  No action on application for 30 days request in English or local official language deemed refusal add 10 extra days must be given within 48 hrs 30 days [Sec. 6 & 7]

48. Fees payable  Application fees prescribed by appropriate Govt. (Rs.10/-)  Cost of giving information may be charged on the requestor  Requestor may seek review of the fees from the Appellate Authority if it is unreasonable If information is not given within time limit it must be given free of cost (Details of fees and how the figure was arrived at must be given in writing)  Time between date of dispatch of intimation about fees and actual payment excluded while calculating 30 day time limit  Rs. 2/- per page ; Rs. 50/- per floppy, others and samples - actual cost ; inspection – 1 st hour free, Rs. 5/ - every subsequent 15min  Must be reasonable. No fees for B elow P overty L ine applicant

49. Central Information Commission  1 Chief Information Commissioner (5 yr term) and max. 10 Information Commissioners (ICs) ( one 5 yr term)  Chief Information Commissioner to be in Delhi but ICs could be based in other parts  Commission will be independent of Govt. control  CIC and ICs to be appointed by President  Names recommended by committee - PM (Chair), Leader of Opposition in the Lok Sabha and 1 Cabinet Minister nominated by PM  Central Information Commission to be based in Delhi

50. State Information Commission  1 State Chief Information Commissioner (5 yr term) and max. 10 State Information Commissioners (SICs) (one 5 yr term)  Commission will be independent of State Govt. control  SCIC and SICs to be appointed by Governor  Names recommended by committee - CM (Chair), Leader of Opposition in the Vidhan Sabha and 1 Cabinet Minister nominated by CM  State Information Commission could be in any part of the State – to be decided by the States  Similar powers and functions as Central Information Commission

51. Penalty Provisions- Sec. 20  Information Commission can penalize PIO Rs. 250/- per day up to a maximum of Rs. 25,000/- for - Refusal to receive applicationRefusal to receive application Not furnishing information within time limitNot furnishing information within time limit Malafidely denying informationMalafidely denying information Knowingly giving incorrect, incomplete, misleading informationKnowingly giving incorrect, incomplete, misleading information Destroying information which was the subject of requestDestroying information which was the subject of request Obstructing furnishing of information in any mannerObstructing furnishing of information in any manner Without reasonable cause For persistent violation of the law IC can recommend disciplinary action- Sec.20(2)

52. What is not covered? Sec. 24 and Schedule II IB & RAWIB & RAW Directorate of Revenue IntelligenceDirectorate of Revenue Intelligence Central Economic Intelligence BureauCentral Economic Intelligence Bureau Directorate of EnforcementDirectorate of Enforcement Narcotics Control BureauNarcotics Control Bureau Aviation Research CentreAviation Research Centre Special Frontier ForceSpecial Frontier Force CRPF, ITBP, CISF, NSGCRPF, ITBP, CISF, NSG Special Service BureauSpecial Service Bureau Assam RiflesAssam Rifles Special Branch (CID) Andaman and NicobarSpecial Branch (CID) Andaman and Nicobar Crime Branch (CID) Dadra and Nagar HaveliCrime Branch (CID) Dadra and Nagar Haveli Special Branch Lakshadweep PoliceSpecial Branch Lakshadweep Police Matters relating to corruption and human rights violations covered by law Information can be given only if concerned Information Comm. approves Time limit – 45 days and any other intelligence or security organisation established by State govts.

53. Severability (Section 10) (Partial Disclosure of Information) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then Access may be provided to that part of the record which is not exempted from disclosure, and which can reasonably be severed from any part of that contains exempt information [Section 10(1)]

54. The following shall ordinarily be provided a) Copy of Every bill settled from Funds Controlled by the Public Authority b) Calculation sheet of TA/DA c) Statement of accounts of Every Project/Event funded/ organised by Public Authority d) Expenditure details and purposes of every journey performed by Government Employee in Official Capacity/ e) Name, Qualification and expertise details of each member of Selection Committee once the Selection is over. f) Details of all the Quotations and quoted rates of any product/service after the purchase procedure is over (including Building/Transport contract etc

55. RTI Act does not allow the applicant to ask the PIO his opinion on certain issues (sec 2 (f) (Raj. Information Commission) (Jai deo v/s Commr. Municipality Sri Ganganagar, Appeal No 175/2006.

56. File Noting are not exempt from Disclosure Definition of File : Manual of Office Procedure of DoPT: File means Collection of papers on a specific subject matter assigned a file number and consisting of one or more of the following parts: a) Correspondence b)notes c) Appendix to Correspondence d) Appendix to Notes This would imply that ‘noting’ are an inextricable part of a record as defined u/s 2(f) and further defined u/s 2(i). Therefore file noting cannot be held to be excluded unless they come in conflict with public interest or are excluded under any of the provisions of RTI Act. Full Bench of Central Information Commission Appeal No. CIC/OK/A/2006/00154 Dated January 2, 2007 Pyare Lal Vs Ministry of Railways, DoPT

57. Third Party  A person other than the person making a request for information and includes a public authority  If information requested is given by third party and treated as confidential by the third party then PIO must give it written notice inviting objections  Third party must be given notice within 5 days of receiving information request  Third party may give verbal or written submissions to PIO within 10 days of receiving notice  Third party can appeal to First Appellate Authority within 30 days and to IC within 90 days

58. Third Party Information (Sec. 11) First Party Requester for information Second Party Public Authority processing request Third Party Individual, NGO, Company, another Government, another Public Authority

59. Flowchart: Third party consultation process Requester submits Application Q.1: Does PIO intend to disclose? Q.2: Does info relate to a third party No. The PIO must Issue a rejection notice To the requester No The PIO does not need to consult the third party Q.3: Info treated as confidential by third party Third party to be consulted within 5 days of receipt of request and give them 10 days for Submission reply The PIO to decide regarding disclosure Within 40 days of receipt of the application Third party objects to disclosure Third party makes no response Or does not object PIO decides AGAINST disclosurePIO decides IN FAVOUR of disclosure Requester can make an appeal Third party can make an appeal

60. Burden of Proof on PIO In any appeal proceedings, the onus to prove that a denial of request was justified shall be on the PIO, [S. 19(5)] Burden of proving that PIO has acted reasonably and diligently shall be on him [S. 20 (1) Provisio] Disciplinary action against PIO [S. 20(2)] If PIO persistently violates his obligations under RTI Act, Information Commission shall recommend for disciplinary action against such PIO (Under Service Rules applicable)

61. Overriding effect [Sec.22] The provisions of the Act have an overriding effect over anything inconsistent contained in the Official Secrets Act, 1923 or any other law or instrument

62. Bar of jurisdiction of Courts (S. 23) No court shall entertain any suit, application or other proceedings in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act However, options for Writ Petitions and SLP will stand (ARTICLE 32 &226 OF THE CONSTITUTION)

63. Answer sheets Administrative difficulties cannot be plea for debarring citizens from fundamental rights. No other provisions except provided in R.T.I. Act are valid. Commission ordered to show the evaluated answersheet  State information commission Rajasthan  Shri Jetha Ram v/s registrar,Bikaner university  Appeal no. 173/06

64. Answer sheets  Inspection of examination answer sheet after announcement of result is not exempted from disclosure under section 8(1)(d). The candidate can see his own answer sheets State Information Commission, Rajasthan Shri Anoop Singh v/s RPSC 23,26,33,34,71,143/2006

65. Answer sheets  Inspection or providing copy of his own answer sheet of examination is not barred under section 8(1)(d).  State Information Commission, Rajasthan  Ashish Yadav v/s Board of Sec. Education, Rajasthan  Appeal No. 199/2006

66. Disclose marks The commission has felt that there should be lot of transparency in the conduct of examination and hence they should disclose marks secured by the successful candidates and also cut-off marks, if any, prescribed in the organization for the selection process. It has also been decided in the commission that whenever a candidate is seeking information about his own marks it should also be revealed to him. Smt. Padma Balasubramanian, Central Information Commissioner Appeal No. 638/ICPB/2007 F.No. PBA/07/158 June 29, 2007 Appeal No. 636/ICPB/2007 F. No. PBA/07/138 Dated June 29, 2007

67. Personal information S.8(1)(j) When S. 8(1)(j) is read as a whole, it is apparent that Personal information does not mean information relating to the information seeker since the question of invasion of privacy does not arise in his own case. Therefore when a citizen seeks information about his own case and as long as the information sought is not exempt in terms of other provisions of Section 8 of RTI Act, this Section cannot be applied to deny the information. Appeal No. 374/ICPB/2006 F. No. PBA/07/17 Dated March 5, 2007 Mr. P.N. Shukla Vs Canara Bank

68. Personal information S.8(1)(j) Regarding Disclosure of Applications of candidates for Exam The documents submitted by individual applicants contain a lot of information as personal details, income, PAN, sources of funds, partnership details, plans to run dealership, affidavit etc. which are personal documents and contain a lot of information of confidential nature, submitted by third parties,not to be given. Appeal No. 30/IC(A)/06/F.No CIC/MA/A/2006/0050/ Dated 20thApril 2006

69. Monitoring and Reporting (Sec. 25)  Central Information Commission (CIC) shall send an annual report to the Central Government on the implementation of the provisions of RTI Act at the end of the year. [Similarly SIC to State Government]  This Report shall contain details of number of requests received by each Public Authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc.  Central Government after the end of each year, cause a copy of the report of CIC to be laid before each house of Parliament.  CIC to recommend improvement in practices of public authority.

70. Challenges to RTI 1.Lack of awareness about the law 2.Culture of secrecy 3.Low interest of academic community on research and studies of impact of RTI on society 4.Mixed response to RTI by judiciary 5.Non-seriousness of governments about RTI- no report of Information Commission are discussed in Parliament or State assemblies 6.Non-integration of RTI regime with information technology and internet 7.Private-Public Partnership Model 8.Need to change perception about RTI- It’s a tool and not a weapon 9.Low participation of female in the use of RTI 10.Rural-Urban divide 11.Killings of RTI Activists- Need of Whistle-blowers Act

71. PRINCIPLES ON FREEDOM OF INFORMATION LEGISLATION PRINCIPLE 1. MAXIMUM DISCLOSURE Freedom of information legislation should be guided by the principle of maximum disclosure PRINCIPLE 2. OBLIGATION TO PUBLISH Public bodies should be under an obligation to publish key Information PRINCIPLE 3. PROMOTION OF OPEN GOVERNMENT Public bodies must actively promote open government PRINCIPLE 4. LIMITED SCOPE OF EXCEPTIONS Exceptions should be clearly and narrowly drawn and subject to strict “harm” and “public interest” tests PRINCIPLE 5. PROCESSES TO FACILITATE ACCESS Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available PRINCIPLE 6. COSTS Individuals should not be deterred from making requests for information by excessive costs

72. PRINCIPLES ON FREEDOM OF INFORMATION LEGISLATION ………….continued. PRINCIPLE 7. OPEN MEETINGS Meetings of public bodies should be open to the public PRINCIPLE 8. DISCLOSURE TAKES PRECEDENCE Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed PRINCIPLE 9. PROTECTION FOR WHISTLEBLOWERS Individuals who release information on wrongdoing – the whistleblowers – must be protected.

73. Government Employee is no longer a Government Servant. He/She has to transform to a Public Servant in Letter and Spirit.

74. Apprehensions  The information will be misused.  Officers and others will be black-mailed One can only be blackmailed if there is something to hide, not when information is open and accessible to all. Only those who have done wrong can be blackmailed. The Act will be a deterrent for wrongdoing.

75. Appropriate Government to prepare programmes ( S 26) The appropriate Government to: a) Develop and organize educational programmes to advance the understanding of the public, particularly the disadvantaged, to exercise right to information. b) Encourage public authorities to participate in programmes; c) promote timely/ effective dissemination of accurate info on activities. d) Train PIOs and produce relevant training materials G. K. Choksi & Co. 75

76. Notifications  Right to Information (Regulation of Fees and Cost Rules),2005  Central Information Commission (Appeal Procedure Rules),2005 G. K. Choksi & Co. 76

77. Right to Information (Regulation of Fees and Cost Rules),2005  Application Fee – Rs.10 Additional fee-  A4/A3 paper – Rs 2 per page;  Larger paper – actual cost;  Printed publications – fixed price,  photocopies/extracts – Rs 2 per page;  Floppy/diskette – Rs 50;  Samples/ models – actual cost;  Inspection of records – 1st hour free and Rs 5 for each subsequent hour. G. K. Choksi & Co. 77

78. State Legislations The following states and Union Territories have enacted Right to Information Rules: ( The list includes the states to the extent details are available at the respective state sites) Andhra Pradesh Madhya Pradesh Arunachal Pradesh Maharashtra AssamMeghalaya ChattisgarhNagaland GoaOrissa GujaratPunjab HaryanaRajasthan Himachal Pradesh Sikkim Jharkhand Tamil Nadu KarnatakaTripura Kerala Uttar Pradesh G. K. Choksi & Co. 78 Andaman & Nicobar Islands Daman & Diu

79. State Appeal Rules The states which have prescribed appeal fees are listed below: Government Fee for Appeal to AA Fee for Appeal to IC Mode of Payment ArunachalPradeshNilRs.50 Treasury Challan Madhya Pradesh Rs.50Rs.100 Cash/Non-judicial Stamp MaharashtraRs.20Rs.20 Cash against receipt/demand draft/bankers’ cheque/ court fee stamp OrissaRs.50Rs.50 Court fee stamp G. K. Choksi & Co. 79

80. Web-sites For Reference  www.persmin.nic.in  www.freedominfo.org  www.cfoi.org.uk  www.rti.gov.in  www.cic.gov.in  www.humanrightsinitiative.org  www.mahadhikar.org  www.righttoinformation.info  www.parivartan.com/  www.satyamevajayate.info/ G. K. Choksi & Co. 80

81. 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

82. Thank you for more information you may contact: abdulhafizgandhi@gmail.com abdulhafizgandhi@gmail.com www.facebook.com/abdulhafizgandhi www.twitter.com/hafizgandhi 09953585693

83. The Right to Information : A Tool For Good Governance And How to Use RTI Effectively ? By: Abdul Hafiz Gandhi Email: abdulhafizgandhi@gmail.comabdulhafizgandhi@gmail.com www.facebook.com/abdulhafizgandhi Mob.: 09953585693 26 th March, 2013 10:45 am to 1 pm Organised by: Faculty of Law, Aligarh Muslim University, Aligarh, Uttar Pradesh.