AGNI (Action for Good Governance and Networking in India) Presentation by

AGNI (Action for Good Governance and Networking in India)

Presentation by


What is Right to Information?

• Recognized by the Supreme Court as a part of Right to Freedom of Speech.

• People have a right to ask for information.

• It is the duty of the government and public bodies to provide this information.


How information helps

Information helps to:

• Increase Transparency

• Increase Accountability

• Reduce Corruption

• Increase Efficiency

• Increase Participation


Maharashtra Right to Information Act, 2002

• Notified on 11th August, 2003, with retrospective effect from September 23, 2002

• Nine States in India have Acts on RTI

• MRTI is one of the best Acts


What information can you ask for?

• Information regarding affairs of the government or any Public Authority.

• Any information available to Parliament / State Legislature.


Suo Moto Disclosures

Particulars of organization

• Functions and duties

• Rules & regulations

• Facilities for obtaining information

• Details of Public Information Officers etc

Particulars of projects undertaken

• Eg. benefits, expected time for completion etc


Information exempt from disclosure

• Which affects national security, international relations or lead to incitement of offence. - Special Committee to decide

• Has been forbidden by law, Official Secrets Act

• Commercial information eg. trade secrets etc

• Personal information or service records

• Which endangers life or safety of a person


Other grounds for refusal

Even if not exempted, information may be refused if:

• Already published in Official Gazette

• Required by law to be published at a particular time

• Volume is too large


Exempted information can be disclosed

• When in larger public interest – eg. commercial / personal information.

• When it can be severed from an exempted document.

• After the decision is taken or deemed to have been taken.

• Pertains to a matter 15 years before request.


How to ask for information

• Every department has one or more Public Information Officers (PIOs)

• Written applications to be made to the PIO on plain paper in format

• Court fee stamp of Rs. 10/- on application


Fee Structure

The price fixed + postage charges (unless collected personally)

50 paise per page + postage charges (unless collected personally)

If information readily available

Rs. 2/- per page + postage charges (unless collected personally)

If information needs to be collected


When to expect a response

Within 15 working days, the PIO has to either:

• Supply the information.

• Reject the request and communicate the reasons.

• Communicate if additional fees required

• Communicate if additional 15 days required.

Imp: Within 24 hours if involves life and liberty of a person


Rejection of requests

If rejected on certain grounds, the PIO must communicate within 15 days:

• Reasons for rejection

• Time within which appeal can be made

• Person to whom appeal is to be made (First Appellate Authority)


Appeals

First Appeal

To be made to the first Appellate Authority within 30 working days, on plain paper in a format with court fee stamp of Rs. 20/- if:

• No communication from PIO within 15 working days

• Aggrieved by the order of the PIO


Appeals…..contd

Second Appeal – if aggrieved by order of 1st Appellate Authority

• To Lok Ayukta or Up-Lok Ayukta (in format as 1st appeal)

• Decision is final

All appeals to be disposed off within 30 working days

(or extended period of further 30 days )


Penalties

• Rs. 250/- per day of delay

• Rs. 2000/- if knowingly wrong, misleading information given.

• Disciplinary Action can also be taken


Monitoring of the Act

• State - level Council

• Councils in every Revenue Division

• Councils are to meet at least once in six months


Competent Authority

Competent Authority means:

• Heads of Administrative Departments

• Registrar of Co-operative Societies / Societies

• Charity Commissioner / Commissioner of Labour

• Secretary of MPSC

• Registrar of Lok Ayukta and Up-Lok Ayukta


Duties of Competent Authority

• Appoint PIOs

• Serve as First Appellate Authority

• Maintain records

• Publish details of organizations

• Communicate facts about any projects


Public Authority

Means any body:

• Constituted / controlled / owned by any State or Central Law

• Receiving aid from government

• Whose functions are of public interest

• Whose office bearers are appointed by the government.


Summing Up

• 1st STEP Application to PIO

• 2nd STEP Appeal to 1st Appellate Authority

• 3rd STEP Appeal to 2nd Appellate Authority (Lok Ayukta / Upa

Lok Ayukta)

Documents

AGNI (Action for Good Governance and Networking in India) Presentation by