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Right to information act

As a tool to improve Transparency in public affairs

Presented By: DEEPAK nair Sybms Roll no.--6

'Part III - Fundamental Rights'

The six fundamental rights recognised by the constitution are: 1. Right to equality, including equality before law 2. Right to freedom which includes speech and expression, right to education, 3. Right against exploitation 4. Right to freedom of religion, including freedom of conscience and free profession 5. Cultural and Educational rights preserving Right of any citizens to conserve their culture 6. Right to constitutional remedies for enforcement of Fundamental Rights

WHAT IS RTI?
RTI stands for "Right to Information". Right to Information is a fundamental right that every citizen has.

The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

Under the provisions of the Act, any citizen (excluding the citizens within J&K) may request information from a "public authority"

History of RTI Act, 2005

Information disclosure in India was previously restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes. It was passed on 15th June 2005 by the Parliament of India and came fully into force on 12 October 2005. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered under a State-level law.

Pioneers

Arvind kejariwal Kiran Bedi ANNA Hazare

Pioneers

Pioneers

Prashant Bhushan Shanti Bhushan

Pioneers

Anjali Bhardwaj

Retired civil servant and former Policy Advisor to United Nations (Food and Agricultural Organisation) B.S. Raghavan, Coimbatore District Collector Neeraj Mittal, Chairman of Kural B.K. Krishnaraj Vanavarayar, and Ch ief Information Commissioner, Right to Information Act, S. Ramakrishnan at a meeting organised in Coimbatore on Saturday to sensitise people to Right to Information Act. Photo: M. Periasamy

What does Right to Information mean?

It includes the right to Take notes, extracts or certified copies of documents or records.
Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. Inspect works, documents, records

Take certified samples of material.

NEED FOR RTI

Simply because if you go into a Govt. office and demand that they tell you why your work has not been done, they will not entertain you or might even throw you out. If its a law, Then it becomes harder to do this. If they do not give you the information you want, they ill have broken a law and can be punished for it.

AIM & OBJECTIVES OF RTI


Transparency & Accountability in the working of every public authority

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, media.

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).

What Does Information mean?


Any material held in any form including : Records Documents Memos Opinions & advices Press releases Circulars, orders & logbooks Contracts Reports, papers samples & models

What does a "public authority" mean?

It means any authority or body or institution of selfgovernment established or constituted: [S.2(h)]


by or under the Constitution; by any other law made by Parliament; 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 the appropriate Government.

What is not open to disclosure?


The following information is exempted from disclosure (S.8) Which would prejudicially affect the independence and integrity of India. Security, strategic, scientific or economic interests of the State. Relation with foreign State. Lead to incitement of an offence. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party

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(Public Information Officer), specifying the particulars of the information required 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).

FIRST APPEAL
REQUEST INFORMATION IN 30 DAYS

CITIZENS

IF THE INTERESTS OF A THIRD PARTY ARE INVOLVED THEN TIME LIMIT WILL BE 40 DAYS

PUBLIC INFORMATION OFFICER (PIO)

INFORMATION IN 48HOURS INCASE OF INFORMATION REGARDING LIFE & LIBERTY

SECOND APPEAL
Second appeal (External)

(within 90 days from the date of decision of first AA but delay may be condoned if sufficient cause is shown)

*Appeal against ICs decision can be filed in High Courts/Supreme Court, not lower courts

Web Site Snapshots (http://rti.gov.in/)

Web Site Snapshots (Contd)

Link to Website (http://rti.india.gov.in/)

File a Complaint

Complaint Status

RTI Cost
Village level No fee Mandal Level Rs 5/- per application Application District and higher Rs 10/- per application Fees
Cash Demand Draft Bankers Cheque payable to accounts officer Postal Order Court Fee stamp

Modes Of payment

RTI cost
Rs 2/- per page per copy

1.44 Mb Floppy Disk Rs 50/-

RTI charges
Inspection of Records First hour free and Rs 5/- for each hour thereafter

CD of 700 Mb Rs 100/DVD Rs 200/-

Success Story of RTI

Pollution Factory Shutdown


Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was running illegal plastic factory. In December2002 he filled a complaint with the deputy Commissioner of Police and forwarded a copy to SDM. He visited SDMs office at least five times between Feb. and Aug 2003

Then finally he filed an application under RTI act, wanting to know what was happening to my complaint.

On September 1 he received a reply ,they had forwarded my complaint to Delhi pollution control committee but no reply had been received.

Pollution Factory Shutdown (Contd..)


and On September3 he filed a RTI application at DPCC.

Jain got a copy of the DPCCs letter and surprised, they replied they had already sent an inspection report of the unit

He himself approached the SDM with copy of DPCC and next day the factory was sealed.

Recommendation for CBS

Put QUERY Tab Put INFO Tab