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RIGHT TO INFORMATION

ACT 2005
ALL CITIZENS SHALL HAVE THE RIGHT TO
INFORMATION

PURPOSE
Transparency
Accountability
Came into force on 12.10.2005

Applies to?
All

citizens including public servants


have the right to access information
under the control of Public Authorities.

Public

by

Authority? Authority constituted

Constitution
Parliament
Govt.

law or State law

notification

Is NWR a Public Authority?


We

treat the Divisions as separate


entities.

Relevance

of question:
Transfer of cases and time-frame

RTI includes right to:


Inspect
Take

work & records

certified samples of material

Take

notes, extracts, certified copies of


documents/ records

Obtain

information in the form of print


outs, floppies, tapes, video cassettes,
other electronic modes

What is a record ?
Document,
Microfilm,

document

Any

manuscript, file

microfiche, fax copy of

other material produced by the


computer or other device

OBLIGATIONS OF PUBLIC
AUTHORITIES

Maintain records catalogued and indexed


computerization, networking for easy access
Publish certain particulars within 120 days
Publish relevant facts while formulating policies/
decisions affecting public
Provide reasons for administrative/ quasi-judicial
decisions to affected persons
Suo moto provide information ->minimize need
for resorting to RTI
Form of dissemination- easily accessible
In 100 days, designate PIOs and APIOs
Info should be free or at cost of medium only

DISSEMINATION
Notice

boards
Newspapers
Public announcements
Media broadcasts
Internet
Inspection of offices
Other means

FACTORS TO CONSIDER
Cost

effectiveness

Local

language

Most

effective medium in the local

area

PARTICULARS TO BE PUBLISHED

(to be widely disseminated in easily accessible


forms and updated annually)

Particulars, functions and duties of the organization

Powers, duties of officers & employees

Procedure followed in decision making including


channels of supervision

Norms set for discharge of functions

Rules, regulations, instructions, manuals, records used

Statement of categories of documents held

PARTICULARS TO BE PUBLISHED (contd.)

Details of arrangement of consultation/ representation


of public in policy formulation or implementation
Statement of boards, councils, committees constituted
as its part or for advising it meetings, minutes
accessible to public or not?
Directory of officers and employees
Their monthly remuneration
Budget, plans, proposed expenditure
Particulars of concession recipients
Facilities available for obtaining information
Name, designation, particulars of PIO
Details of info held in electronic form

Role of PIO and APIO


PIO

provides information to anyone


requesting for it

APIO

receives applications and


forwards them to PIO

To the extent possible, info should


be
easily accessible in electronic
format
with PIO.

Functions of PIO

Deal with requests for information

Offer reasonable assistance to applicant

Provide access-enabling assistance to sensorily disabled

Seek assistance from any other officer as considered


necessary

Take decisions regarding revelation of 3rd party info

For the purpose of contravention of this act, such other


officer will be treated as PIO.

PIO Functions: Administrative


viewpoint
Monitoring

RTI cell working


Ensuring maintenance of RTI Cell
base records
Compilation & sending of RTI info to
R.Bd. for CIC
Forwarding appeals (to App Auth, to
CIC)
Liaison with Nodal officers

FEES
Information

should be free of cost or at


prescribed cost of medium/printout

No

fees are to be taken from those below


the poverty line

If

additional fees (cost of providing info) are


required, PIO has to give calculations to
information seeker, and details of appeal
rights

If

time limits passed , info to be given free

PRESCRIBED FEES
Governed

by RTI (Regulation of Fee


and Cost) Rules, 2005

Rs.10
Rs.2

for application

per printed page

Rs.50

per floppy

REQUESTS FOR INFORMATION

Will be made to PIO/APIO


Will specify info particulars
To be in writing/ electronic means (if it cant be in
writing, PIO will assist to reduce oral request to
writing)
In Hindi, English, Official language of the area
Accompanied by prescribed fee
No reason required
No personal details required except for contacting
To be transferred to another public authority if
pertains to them (in 5 days) applicant to be
informed can be part transferred

DISPOSAL OF REQUESTS: TIMEFRAME


In

30 days if direct to PIO


In 35 days if through APIO
In 48 hours if life & liberty at stake
If redirected, in 5 days
If not given in time, deemed refused
Submission to be asked from 3rd
party in 5 days

DISPOSAL OF REQUESTS:

TIME-FRAME

(contd.)

If further fees required, period


between dispatch of request and
deposit of fees will not count
(Further fees will only cover cost of
providing the info, as prescribed)

HOW TO DISPOSE
Give

the information right away


Give on payment of further fees
Transfer to another Public Authority
Refuse with reasons (as per
exemptions in the Act)
Ask for 3rd party submission further
action thereupon

CASES OF REJECTION
PIO has to communicate
1.

Reasons for rejection

2.

Allowable period of appeal

3.

Particulars of Appellate Authority

SOME EXEMPTIONS

Prejudices sovereignty, security, scientific/economic


interests of India
Forbidden to be published by Court
Breach of privilege of legislature
Impedes process of investigation
Reveals source of confidential info given for law
enforcement/security purposes
Endangers life or safety of anyone
Involves infringement of copyright not held by the
State
Cabinet papers

MORE EXEMPTIONS

Harms competitive position of 3rd party

Information available in fiduciary relationship

In these cases, the info may be disclosed if the competent


authority* is satisfied that the larger public interest so
warrants
(*as defined in the Act for Rlys, President)

Personal information unlinked with public activity

Resulting in invasion of privacy of individual

In these cases, PIO / Appellate Authority may disclose the


information if the larger public interest so warrants

Provisos to Exemptions
Information

which cannot be denied


to the Parliament/State Legislature
cannot be denied to anyone
If public interest outweighs harm to
protected interests, Public Authority
can allow disclosure.

Twenty Years Ago..


However, any information about events
which happened 20 years ago is to be
provided, unless the sovereignty of India or
Breach of privilege of Parliament/legislature
is at stake.
Cabinet papers: always exempt.

SEVERABILITY
If the record contains exempted

information in parts, PIO can give that


part of the record which can be
reasonably severed.

Notice has to be given to applicant

stating that info is only part, reasons for


the decision, who gave the decision,
details of fees, details of right to review
including designation of App Authority

THIRD PARTY
If info to be disclosed was supplied in
confidence by a third party, then:
1. In 5 days, invite submission from 3rd
party
2. Submission to be in 10 days
3. Keep submission in mind
4. In 40 days of receipt, take decision to
disclose if public interest outweighs
harm to 3rd party

THIRD PARTY

POST DECISION ACTION


Give

notice of decision to 3rd party, stating


his appeal entitlement

Appeal

period: 30 days from order no


proviso for late appeal in 3rd party cases

2nd
CIC

appeal to CIC, in 90 days

will give reasonable opportunity to 3rd


party to be heard

FIRST APPEAL

To officer senior in rank to PIO

To be preferred in 30 days from expiry


of period/ date of receipt of decision
(if good reasons, may accept even
later)

Grounds
Decision not received in time
Aggrieved by decision

Appeal Disposal
In

30 days of receipt of appeal

May

extend to 45 days with written


reasons

Second Appeal
Lies
In

with CIC

90 days (later if good reasons)

We

have to accept and forward 2nd


appeals too

Information Commissions
Central-

Chief Information
Commissioner

State-

State Chief Information


Commissioner

POWERS OF I C s

1.
2.
3.
4.
5.
6.
7.

Receive complaints regarding

No PIO appointed
PIO refused to accept application for info
or appeal to AA or CIC
Refused access
Time limit expired & no response
Unreasonable fee
Info incomplete or false
Any other matter of RTI

Can initiate inquiry


Has powers like Civil Court
Onus on PIO to prove refusal was justified

CIVIL COURT POWERS of IC


IC has powers like a Civil Court trying suit under Civil Procedure
Code:

Summon, enforce attendance


Compel oral/written evidence on oath
Compel to produce documents, things
Receive evidence on affidavit
Requisition public records from any court/office
Issue summons to examine witness/document
Any other prescribed matter
No document under the Public Authority to which the Act
applies can be withheld from IC, notwithstanding any other
Act of Parliament

POWERS OF I C s (contd.)
Can require the Public Authority to
Provide information in particular form
Appoint PIO
Publish certain info
Change practices relating to record
management
Enhance provision of training on RTI
Compensate complainant
Provide annual report
I

C can impose penalties

PENALTIES
IF PIO WITHOUT REASONABLE CAUSE
Refused to receive application
Did not furnish info in time
With malafide intention denied request
Knowingly gave incorrect info or destroyed
subject info
Obstructed furnishing of info
Then

PENALTIES (contd.)
Rs.250

per day up to Rs. 25000 (max)


till application taken/ information furnished

If

PIO persistently repeats the defined


actions, then
CIC can recommend disciplinary action
against PIO

PENALTIES (contd.)
IC

will give notice of appeal rights to


complainant/ public authority
PIO will be given reasonable
opportunity to be heard before penalty
imposition
Burden on proving reasonableness,
diligence on PIO
Protection of action taken in good faith

REPORTING
Each dept to furnish information annually to CIC regarding:
No. of requests received
No. of denials, Act provisions of deial decisions
No of appeals to IC, nature, outcome
Particulars of disciplinary action taken
Amount of charges collected
Recommendations of reform
Efforts of Public Authority to administer the Act
Based on this, report of CIC will be tabled before Parliament

OVERRIDING EFFECT OF THE


ACT
Over
Any

Official Secrets Act 1923

other law for the time in force

Any

instrument having effect by


virtue of any law other than this Act

Freedom

of Info Act 2002 repealed

TO BE DONE
Analyze

RTI implications in day-today working, notings


Filing policy and systematic
implementation
Physical maintenance of records
Computerisation- info retrieval
RTI dealing machinery in all depts

TO BE DONE(contd.)
Compilation
Suo

and dissemination of

moto info
Obligatory info

Clarity

in each dept regarding exemptable info

Process
Record

CIC

of accountal, refund of cash receipts

mgmt at RTI cell for reporting to Bd,

Training

RECORDS REQD. AT RTI CELL


1.

Application Registration Register


Need to link cash receipt & registration

Establish common ground for direct, postal, email


requests

Record number of requests for reporting

Track history of case thru the reg. no.

Monitoring of target date with ref to cash receipt date


(same as reg date)

MORE
2.
3.
4.
5.
6.

Rejection Register, provisions of the


Act used
Appeals Register, nature, outcome
of appeals
RTI D&AR Records, CIC ordered
cases, follow up action taken
Movement and accountability
Application fee, refunds, cash
accountal system

Need to Standardize
Forms/Responses

Applications

RTI Cash Receipts

Appeals to AA

Notice to 3rd party

Decisions to 3rd party

Rejections
Reply to email applications
Reply to postal applications
Request for further fees
Transfer case responses

Appeals to CIC

Possible Structure for RTI Cell


Registration

Section :Public Interface

Registration ( applications, appeals) , inward transfer


cases, emails, postal requests, provision of info/refusal,
Application & Rejection records

Cash
records

Info

counter: Fee collection, accountal, refund,

processing: putting up requests, liaison with

nodal officers, arranging inspections, appeals, outward


transfers, 3rd party, related records

Efficiency:

compilation, reporting, monitoring

THANK YOU
FOR YOUR
PATIENCE!

Susmita Srivastava, Dy.CAO/G/NWR