Rti Salient Features

8/8/2019 Rti Salient Features

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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: [email protected]


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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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Documents

Rti Salient Features