Welcome to Training Session on · January 31, 2015 Avinash Murkute | Pune | M: 98226980704 The RTI Act 2005: When-n-Where This Act may be called the Right to Information Act, 2005

January 31, 2015 Avinash Murkute | Pune | M: 98226980701

Welcome to Training Session on

THE RIGHT TO INFORMATION THE RIGHT TO INFORMATION (RTI) ACT 2005(RTI) ACT 2005

AVINASH MURKUTE Faculty, RTI Worker and Freelance Writer


It is said that power corrupts but actually its more true that power attracts the corruptible.

No law or ordinance is mightier than understanding.

If we understand everything, we must be misinformed.

Let us go to learning mode and be a student again.

Kindly Put Mobiles on Silent Mode


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?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.



What is Record?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



Who is Public Authority? Who is Public Authority? It is any authority or body or institution of self government It is any authority or body or institution of self government

established or constituted.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?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.

Click to check Sample Application


The RTI Act 2005: Fee

Is There Any Fee To Seek Information?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?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: Cost

Does Information comes at a 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

APIO Assistant Public Information Officer

PIO Public Information Officer

AA Appellate Authority

IC Information Commissioner

SIC State Information Commissioner

CIC Central Information Commissioner

DOPT Department of Personnel & Training

You must know below terms well!You must know below terms well!


The RTI Act 2005: Machinery & Hierarchies

Important offices for Ready Reference!Important offices for Ready Reference!

Shri Wajahat Habibullah - Chief Information Commissioner Central Information CommissionBlock No. IV, 5th Floor, Old JNU Campus, New Delhi 110 067 Tel: (011) 26717352, 26717355

Shri Suresh Joshi - State Chief Information Commissioner Maharashtra Information Commission13th 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?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 AppealWhere and how to file 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.

Click to check Sample Appeal


The RTI Act 2005: Second AppealWhere and how to file 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 RTI Act 2005: Imp. SectionsThe RTI Act has more than 30 sections and its The RTI Act has more than 30 sections and its subsections. In order to get response every subsections. In order to get response every time, one must study all sections and time, one must study all sections and amendments in the act from time to time.amendments in the act from time to time.

Section 3: All citizens have the rightSection 4: Proactive disclosures by authoritiesSection 6: Request for obtaining informationSection 7: How your requests will be treatedSection 8: Exemptions Section 19 (1): First appealSection 19 (3): Second appealSection 20: Penalties and Disciplinary actions


Section 4: Obligation of PAEvery 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 days1) Particulars of organization, function and duties2) The powers and duties of its officers and employees3) The procedure followed in the decision making

process, including channels of supervision and accountability

4) The norms set by it for the discharge of its functions5) The rules, regulations, instructions, manuals, and

records, held by it or under its control or used by its employees for discharging it functions

6) A statement of categories of documents that are held by it or under its control


Section 4: Publish within 120 days7. 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.

8. 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

9. A directory of its officers and employees


Section 4: Publish within 120 days10. The monthly remuneration received by each of its

officers and employees, including the system of compensation as provided in its regulations

11. 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.


Section 4: Publish within 120 days14. Details in respect of the information, available to or

held by it, reduced in an electronic form15. The particulars of facilities available to citizens for

obtaining information, including the working hours of a library room, if maintained for public use.

16. 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.


Section 8: Exempted Organizations IB, RAW of the Cabinet Secretariat DRI, Central Economic Intelligence Bureau Directorate of Enforcement Narcotic Control Bureau Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau Special Branch (CID) Andaman & Nikobar The Crime Branch (CID-CB) Dadra and Nagar Haveli Special Branch, Lakshadweep Police


Information can not be shared Sovereignty and Integrity Of India Prevented by courts Breach of privilege of Parliament Trade secret, Intellectual property Fiduciary relationship Info received from foreign Government Life and physical safety of any person Issues under investigation Cabinet papers Invasion in privacy


Q&A - Contact

Doubt is the key to knowledge.

Avinash MurkuteAvinash MurkuteGalaxy4u, Bavdhan Budruk, Pune – 411 021 India

Mobile: +91-9822698070E-mail: [email protected]

Web: www.galaxy4u.in------------------------------------------------------------

Please refer the official publication, The Gazette of India, for all meanings, discrepancies, etc. Same is available at any Government Press. This presentation and illustrations is just an

introduction to The RTI act 2005 for training and awareness purposes only.

Documents

Welcome to Training Session on · January 31, 2015 Avinash Murkute | Pune | M: 98226980704 The RTI Act 2005: When-n-Where This Act may be called the Right to Information Act, 2005