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SALIENTFE
ATURESOF
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Capacity Building for Public Access to Information
R.K.CHOUBISAB.A.(Hons), M.A., M.Phil.Associate Professor [Public
Administration]HCM Rajasthan State Institute of Public
Administration, Jaipur-3020 17e-mail: rk4_choubisa@hotmail.com
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Demand for Governance
TODAY
Tran
spare
nt
Resp
onsiv
e
Justa
nd
Effici
ent
Polic
iesUs
er-
frien
dly
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The Convention on the Elimination of All Forms of Discrimination againstWomen (CEDAW),
BACKGROUND
Promote Transparency of Information
Promote openness in administration
Promote Accountability in the working ofevery
public authority
Democracy requires an informed citizen
Preservation of confidentiality of sensitive
information.
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RTI IN INDIA-A Revolutionary Step
Removing the veil of secrecy.
Promote Transparency of Information.
Promote openness in Administration.
Promote Accountability in the working of everypublic authority.
Democracy requires an informed citizen.
Empowerment of Citizenery.
Preservation of confidentiality of sensitiveinformation.
Deeply rooted in Article 19(1).
Building capacity of government officials as
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Administrative Accountability
Executive
Judiciary
Legislature
Government
Political Leadership
Bureaucratic Leadership
Citizen
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RTI ACT 2005: FACT
SHEETThe Right to Information Act, 2005 Issued by Ministry of Law and Justice
(Legislative Department)
Act of Parliament Introduced in the Lok Sabhaon 23 December 2004, passed on 11 May 2005by LS and 12 May 2005 by RS.
President Assent : 15 June 2005 Published in the Gazette of India Extraordinary
Part II New Delhi Tuesday 21 June 2005
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Preamble
To secure access to information under thecontrol of public authorities;
To promote transparency and accountabilityin the working of every public authority;
To constitute a Central InformationCommission and State InformationCommissions;
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Chapter I Preliminary 2 sections
Chapter II Right to Informationand obligations of publicAuthorities Sections 3 to 11
Chapter III The Central
Information Commission Section12 to 14 Chapter IV The State Information
Commission Section 15 to 17
Chapter V Powers and functionsto the Information Commissions,Appeals and Penalties Section 18to 20
Chapter VI Miscellaneous
Section 21 to 31
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EFFETCS:
Immediate Effect:
Obligations of Public Authorities Section 4(1)
Designation of PIOs and APIOs Sec.5 (1) & (2)
Constitution of CIC and SIC Section 15 & 16
Non applicability of the Act to Intelligence andSecurity Organisations Section 24
Power to make rules to carry out the provisions of theAct by the Appropriate Government and the
Competent Authority Section 27 and 28
Remaining provisions- 120th day of its
enactment (12 June 2005- 12 October
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Salient Features
A citizen has a right to seek information froma Public Authority which is held by the PublicAuthority or which is held under its control.
The right to seek information from a Publicauthority is not absolute. Section 8 and 9enumerate the categories of informationwhich are exempt from disclosure.
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Salient Features
Public authorities to designate Public InformationAuthorities and Assistant Public Information
Officers within 100 days of the enactment. Application for seeking information is to be made
to an officer of the Public Authority who is StatePublic Information Officer. He is responsible to
deal with requests of information/assist personsseeking information.
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Salient Features
The Act makes it obligatory for every Public
Authority to make suo-motu disclosure in
respect of the particulars of its Organization,functions, duties etc. as provided in section 4of the Act.
Transfer of a request by a Public authority to
another public authority wherein the subjectmatter/information is held by the latter.
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Salient Features
A Citizen should make an Application to the StatePublic Information Officer in writing in English or
Hindi or in the official language of the area inwhich application is made.
The Application is to accompany a DemandDraft/Banker Cheque/Indian Postal Order of Rs.10 payable to the Accounts Officer of publicauthority as fee prescribed.
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Salient Features
No prescribed form of application forseeking information. It can be made onplain paper with Name and completepostal address of the applicant.
The information seeker is not required
to give reasons for seeking information.Time limit-30 days/48 Hours/45 Days
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Salient Features
If an application is not suppliedinformation within the prescribed
time or not satisfied with theinformation provided, he may preferan appeal to the first AppellateAuthority who is an officer senior in
rank to the Public Information Officer. No fees for making an Appeal
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Salient Features
Creation of an independent non judicialmachinery State Information Commission
to decide 2nd stage appeals. Legal framework of exercise of powers by
Commission defined in the Act.
Two tier appellate Forum: 1. Appeal todepartmental officer senior to the PIO, 2.
To the Commission.
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Salient Features
If Appellant Authority fails to pass an orderon the appeal with in the prescribed period,if the appellant is not satisfied with the orderof the First Appeal Authority, he may prefera Second Appeal with the State InformationCommission within 90 days from the date onwhich the decision should have been made
by the First Appellant Authority or wasactually received by the Appellant.
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Salient Features
Provision of Complaint if the PublicInformation Officer fails to satisfy or it is acase of refusal access to any information
requested under the Act or it is a case ofover charging etc. The complaint can bemade to the State InformationCommission.
The Commission decides the appeals andconveys its decision to the Appellant/Complainant and First Appellant Authority.
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