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    RTI

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    THE RIGHT TO INFORMATION (RTI) ACT 2005 The RTI Act 2005: Why-n-What 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. The RTI Act 2005: When-n-Where This Act may be called the Right to Information Act, 2005. The RTI act 2005 was enacted by permission and authority of His Excellency, President of India. This act was enacted by the Parliament on 15.06.2005 and notified in the Gazette of India dated 21.06.2005. It extends to the whole of India except the State of Jammu and Kashmir. The RTI Act 2005: Who Who can exercise his / her right under The RTI Act 2005? The answer is: Subject to the provisions of this Act, all citizens shall have the right to information. The RTI Act 2005: Definitions What is Information? Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, 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. The RTI Act 2005: Definitions What is Record? Record includes *Any document, manuscript and file *Any microfilm, microfiche and facsimile copy of a document *Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and *Any other material produced by a computer or any other device The RTI Act 2005: Definitions Who is Public Authority? It is any authority or body or institution of self government 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-body owned, controlled or substantially financed, non- Government organization substantially financed, directly or indirectly by funds provided by the Govt. The RTI Act 2005: How How To Request Information? A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to public authority by providing contact details. The RTI Act 2005: Fee Is There Any Fee To Seek Information? FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION In case of central govt. departments, INR 10.00 by way of cash under proper receipt, demand draft, bankers cheque, Indian postal order, money order or cash deposited at designated post offices. In case of state govt. departments, particularly in Maharashtra state, INR 10.00 by way of cash under proper receipt, demand draft, banker's cheque, money order or court fee stamp. The RTI Act 2005: Process How Is Your Application Dealt? Public Information Officer (PIO) on receipt of a request, as expeditiously as possible, and in any case within thirty (30) days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified like security, copyright, commercials, etc. The RTI Act 2005: Process = i FLOWCHART SHOWING INFORMATION SHARING MECHANISM. INFORMATION SHALL BE PROVIDED WITHIN 30 CALENDAR DAYS ____ The RTI Act 2005: Process | big FLOWCHART SHOWING FIRST APPEAL MECHANISM ORDER SHALL BE PASSED WITHIN 30-45 DAYS The RTI Act 2005: Process int FLOWCHART SHOWING SECOND APPEAL MECHANISM NO TIME LIMIT FOR PASSING THE ORDER. PENDENCY IS VERY HIGH. The RTI Act 2005: Cost Does Information comes at a cost? Oh yes, because nothing is free. A4 or A3 size paper Rs 2 for each page plus postage Fixed price materials At printed cost plus postage Diskette or Floppy or CD Rs. 50 plus postage Inspection cost Free for first hour The RTI Act 2005: Machinery & Hierarchies You must know below terms well! APIO Assistant Public Information Officer PIO Public Information Officer AA Appellate Authority Ic Information Commissioner SIC State Information Commissioner crc Central Information Commissioner DOPT Department of Personnel & Training The RTI Act 2005: Machinery & Hierarchies Important offices for Ready Reference! Shri Wajahat Habibullah - Chief Information Commissioner Central Information Commission Block No. IV, 5“ Floor, Old JNU Campus, New Delhi 110 067 Tel: (011) 26717352, 26717355 Shri Suresh Joshi - State Chief Information Commissioner Maharashtra Information Commission 13 Floor, New Administration Building, Opp. Mantralaya, Mumbai 400 032 Tel: (022) 22856078 Shri Vijay Kuwalekar - Information Commissioner Pune Division, New Administrative Building (Near Council Hall) Camp, Pune - 411 001 The RTI Act 2005: Appeals What if you don’t get information requested? If you don’t get proper response or requested information from public authority or from its pubic information officer within 30 calendar days, you can file complaint with Information Commission or file an appeal with first appellate authority. Similarly, you can file complaint or appeal (as above) for late response or for demand of cost of information which is unreasonable. The RTI Act 2005: First Appeal Where and how to file first appeal? You will have to move an appeal application along with the prescribed appeal fee. In Maharashtra, it is court fee stamp of INR 20/-. In Central Government. offices, there is no fee. First appellate authority is the officer senior to public information officer. On receipt of your appeal, this appellate authority will call an explanation from PIO, might invite you to hear you and will pass an reasonable order within 30-45 days. The RTI Act 2005: Second Appeal Where and how to file Second appeal? If you are not satisfied with response of public information officer and order passed on your appeal by first appellate authority of particular public authority, you can file second appeal with State Information Commissioner or Central Information Commissioner, as the case may be. There is no prescribed time limit for getting response or order at this level. Too many cases are piled up with these offices. The RTT Act 2005: Imp. Sections The RTI Act has more than 30 sections and its subsections. In order to get response every time, one must study all sections and amendments in the act from time to time. Section 3: All citizens have the right Section 4: Proactive disclosures by authorities Section 6: Request for obtaining information Section 7: How your requests will be treated Section 8: Exemptions Section 19 (1): First appeal Se n 19 (3): Second appeal Section 20: Penalties and Disciplinary actions Section 4: Obligation of PA Every PA shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this act and ensure that all the records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated. == Section 4: Publish within 120 days 2) 3) 4) 5) 6) Particulars of organization, function and duties The powers and duties of its officers and employees The procedure followed in the decision making process, including channels of supervision and accountability The norms set by it for the discharge of its functions The rules, regulations, instructions, manuals, and records, held by it or under its control or used by its employees for discharging it functions A statement of categories of documents that are held by it or under its control ——_ Section 4: Publish within 120 days The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible for public A directory of its officers and employees Section 4: Publish within 120 days 10, The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations ii, The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures, and reports on disbursements made 12, The manner of execution of subsidy programs including the amounts allocated and the details of beneficiaries of such programs. 13, Particulars of recipients of concessions, permits or authorization granted by it. yN Section 4: Publish within 120 days 14, Details in respect of the information, available to or held by it, reduced in an electronic form 1s. The particulars of facilities available to citizens for obtaining information, including the working hours of a library room, if maintained for public use. i6. The names, designations and other particulars of the Public Information Officers 17. Such other information as may be prescribed; and thereafter update this publication every year. f

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