handling rti requests
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Handling of RTI Requests Handling of RTI Requests with Case Studieswith Case Studies
RIGHT TO INFORMATION RIGHT TO INFORMATION ACT 2005ACT 2005
PURPOSEPURPOSE Transparency Transparency AccountabilityAccountability
ALL CITIZENS SHALL HAVE THE RIGHT TO INFORMATION
Came into force on 12.10.2005
Applies to?Applies to?All All citizenscitizens including including public servantspublic servants
have the right to access information have the right to access information under the control of under the control of Public AuthoritiesPublic Authorities..
Public Authority? Public Authority? Authority constituted Authority constituted byby
ConstitutionConstitution
Parliament law or State lawParliament law or State law
Govt. notificationGovt. notification
RTI includes right to:RTI includes right to: Inspect work & recordsInspect work & records
Take certified samples of materialTake certified samples of material
Take notes, extracts, certified copies of Take notes, extracts, certified copies of documents/ recordsdocuments/ records
Obtain information in the form of print Obtain information in the form of print outs, floppies, tapes, video cassettes, outs, floppies, tapes, video cassettes, other electronic modesother electronic modes
What is a “record” ?What is a “record” ?Document, manuscript, Document, manuscript, filefile
Microfilm, microfiche, fax copy of Microfilm, microfiche, fax copy of documentdocument
Any other material produced by the Any other material produced by the computer or other devicecomputer or other device
OBLIGATIONS OF PUBLIC OBLIGATIONS OF PUBLIC AUTHORITIESAUTHORITIES
Maintain Maintain records catalogued and indexedrecords catalogued and indexed computerization, networking computerization, networking for easy accessfor easy access
Publish certain Publish certain particularsparticulars within 120 days within 120 days Publish relevant facts while formulating Publish relevant facts while formulating
policiespolicies/ decisions affecting public/ decisions affecting public Provide reasons for Provide reasons for administrative/ quasi-administrative/ quasi-
judicialjudicial decisions to affected persons decisions to affected persons Suo motoSuo moto provide information ->minimize need provide information ->minimize need
for resorting to RTIfor resorting to RTI Form of dissemination-Form of dissemination- easily accessible easily accessible In 100 days, designate In 100 days, designate PIOs PIOs and and APIOsAPIOs Info should be Info should be free free or at or at cost of mediumcost of medium only only
DISSEMINATIONDISSEMINATIONNotice boardsNotice boardsNewspapersNewspapers
Public announcementsPublic announcementsMedia broadcastsMedia broadcasts
InternetInternet Inspection of officesInspection of offices
Other meansOther means
FACTORS TO CONSIDERFACTORS TO CONSIDERCost effectivenessCost effectiveness
Local languageLocal language
Most effective medium in the local Most effective medium in the local areaarea
PARTICULARS TO BE PUBLISHEDPARTICULARS TO BE PUBLISHED(to be widely disseminated(to be widely disseminated in easily accessible in easily accessible
forms and updated annually) forms and updated annually) Particulars, functions and duties of the organizationParticulars, functions and duties of the organization
Powers, duties of officers & employeesPowers, duties of officers & employees
Procedure followed in decision making including Procedure followed in decision making including channels of supervisionchannels of supervision
Norms set for discharge of functionsNorms set for discharge of functions
Rules, regulations, instructions, manuals, records usedRules, regulations, instructions, manuals, records used
Statement of categories of documents heldStatement of categories of documents held
PARTICULARS TO BE PUBLISHED PARTICULARS TO BE PUBLISHED ((contd.)contd.)
Details of arrangement of consultation/ representation Details of arrangement of consultation/ representation of public in policy formulation or implementationof public in policy formulation or implementation
Statement of boards, councils, committees constituted Statement of boards, councils, committees constituted as its part or for advising it as its part or for advising it meetings, minutes meetings, minutes accessible to public or not?accessible to public or not?
Directory of officers and employeesDirectory of officers and employees Their monthly remuneration Their monthly remuneration Budget, plans, proposed expenditureBudget, plans, proposed expenditure Particulars of concession recipientsParticulars of concession recipients Facilities available for obtaining informationFacilities available for obtaining information Name, designation, particulars of PIOName, designation, particulars of PIO Details of info held in electronic formDetails of info held in electronic form
Role of PIO and APIORole of PIO and APIOPIOPIO provides information to anyone provides information to anyone
requesting for itrequesting for it
APIOAPIO receives applications and receives applications and forwards them to PIOforwards them to PIO
To the extent possible, info should To the extent possible, info should bebe
easily accessible in electronic easily accessible in electronic
format format
with PIO.with PIO.
Functions of PIOFunctions of PIO Deal with requests for informationDeal with requests for information
Offer reasonable assistance to applicantOffer reasonable assistance to applicant
Provide access-enabling assistance to sensorily disabledProvide access-enabling assistance to sensorily disabled
Seek assistance from any other officer as considered Seek assistance from any other officer as considered necessarynecessary
Take decisions regarding revelation of 3Take decisions regarding revelation of 3rdrd party info party info
For the purpose of contravention of this act, such other For the purpose of contravention of this act, such other officer will be treated as PIO.officer will be treated as PIO.
PIO Functions: Administrative PIO Functions: Administrative viewpointviewpoint
Monitoring RTI cell workingMonitoring RTI cell workingEnsuring maintenance of RTI Cell Ensuring maintenance of RTI Cell
base recordsbase recordsCompilation & sending of RTI info to Compilation & sending of RTI info to
R.Bd. for CICR.Bd. for CICForwarding appeals (to App Auth, to Forwarding appeals (to App Auth, to
CIC)CIC)Liaison with Nodal officersLiaison with Nodal officers
FEESFEES Information should be Information should be free of costfree of cost or at or at
prescribed prescribed cost of medium/printoutcost of medium/printout
No fees are to be taken from those No fees are to be taken from those below below the poverty linethe poverty line
If If additional feesadditional fees (cost of providing info) (cost of providing info) are required, PIO has to give are required, PIO has to give calculationscalculations to information seeker, and details of to information seeker, and details of appeal rightsappeal rights
If If time limitstime limits passed , info to be given free passed , info to be given free
PRESCRIBED FEESPRESCRIBED FEESGoverned byGoverned by RTI (Regulation of Fee RTI (Regulation of Fee
and Cost) Rules, 2005and Cost) Rules, 2005
Rs.10 for applicationRs.10 for application
Rs.2 per printed pageRs.2 per printed page
Rs.50 per floppyRs.50 per floppy
REQUESTS FOR REQUESTS FOR INFORMATIONINFORMATION
Will be made to PIO/APIOWill be made to PIO/APIO Will specify info particularsWill specify info particulars To be in writing/ electronic means (if it can’t be in To be in writing/ electronic means (if it can’t be in
writing, PIO will writing, PIO will assist assist to reduce oral request to to reduce oral request to writing) writing)
In Hindi, English, Official language of the areaIn Hindi, English, Official language of the area Accompanied by prescribed feeAccompanied by prescribed fee No reason required No reason required No personal details required except for contactingNo personal details required except for contacting To be transferred to another public authority if To be transferred to another public authority if
pertains to them (pertains to them (in 5 daysin 5 days) ) applicant to be applicant to be informedinformed can be can be part part transferred transferred
DISPOSAL OF REQUESTS: DISPOSAL OF REQUESTS: TIME-TIME-FRAMEFRAME
In In 3030 days if direct to PIO days if direct to PIO In In 3535 days if through APIO days if through APIO In In 48 hours48 hours if life & liberty at stake if life & liberty at stake If redirected, in If redirected, in 55 days days If not given in time, If not given in time, deemed refuseddeemed refusedSubmission to be asked from 3Submission to be asked from 3rdrd
partyparty inin 5 5 daysdays
DISPOSAL OF REQUESTS:DISPOSAL OF REQUESTS: TIME-FRAME TIME-FRAME (contd.)(contd.)
If If further feesfurther fees required, period required, period between dispatch of request and between dispatch of request and deposit of fees will not countdeposit of fees will not count
(Further fees will only cover cost of (Further fees will only cover cost of providing the info, as prescribed)providing the info, as prescribed)
HOW TO DISPOSEHOW TO DISPOSEGive the information right awayGive the information right awayGive on payment of further feesGive on payment of further feesTransfer to another Public AuthorityTransfer to another Public AuthorityRefuse with reasons (as per Refuse with reasons (as per
exemptions in the Act)exemptions in the Act)Ask for 3Ask for 3rdrd party submission party submission further further
action thereuponaction thereupon
CASES OF REJECTIONCASES OF REJECTIONPIO has to communicatePIO has to communicate
1.1. Reasons for rejectionReasons for rejection
2.2. Allowable period of appeal Allowable period of appeal
3.3. Particulars of Appellate AuthorityParticulars of Appellate Authority
SOME EXEMPTIONSSOME EXEMPTIONS Prejudices Prejudices sovereigntysovereignty, security, scientific/economic , security, scientific/economic
interests of Indiainterests of India Forbidden to be published by Forbidden to be published by CourtCourt Breach of privilege of Breach of privilege of legislaturelegislature Impedes process of Impedes process of investigationinvestigation Reveals Reveals source source of confidential info given for law of confidential info given for law
enforcement/security purposesenforcement/security purposes Endangers Endangers life or safetylife or safety of anyone of anyone Involves infringement of Involves infringement of copyrightcopyright not held by the not held by the
StateState Cabinet papersCabinet papers
MORE EXEMPTIONSMORE EXEMPTIONS Harms competitive position of Harms competitive position of 3rd party3rd party
Information available in Information available in fiduciary relationshipfiduciary relationship
In these cases, the info may be disclosed if the In these cases, the info may be disclosed if the competent competent authorityauthority* is satisfied that the larger public interest so * is satisfied that the larger public interest so warrantswarrants
(*as defined in the Act )(*as defined in the Act )
PersonalPersonal information information unlinkedunlinked with public activity with public activity
Resulting in Resulting in invasion of privacyinvasion of privacy of individual of individual
In these cases, In these cases, PIO / Appellate AuthorityPIO / Appellate Authority may disclose the may disclose the information if the larger public interest so warrantsinformation if the larger public interest so warrants
Provisos to ExemptionsProvisos to Exemptions Information which cannot be denied Information which cannot be denied
to the to the ParliamentParliament/State Legislature /State Legislature cannot be denied to anyonecannot be denied to anyone
If If public interestpublic interest outweighs harm to outweighs harm to protected interests, Public Authority protected interests, Public Authority can allowcan allow disclosure. disclosure.
Twenty Years Ago…..Twenty Years Ago….. However, any information about events However, any information about events which happened 20 years ago is to be which happened 20 years ago is to be provided, unless the sovereignty of India or provided, unless the sovereignty of India or Breach of privilege of Parliament/legislatureBreach of privilege of Parliament/legislatureis at stake.is at stake.
Cabinet papers: always exempt.Cabinet papers: always exempt.
SEVERABILITYSEVERABILITY• If the record contains exempted If the record contains exempted
information in parts, PIO can give that information in parts, PIO can give that part part of the record which can be of the record which can be reasonably severed.reasonably severed.
• Notice has to be given to applicant Notice has to be given to applicant stating that stating that info is only partinfo is only part, reasons for , reasons for the decision, the decision, who gave the decisionwho gave the decision, , details ofdetails of fees, fees, details of right to reviewdetails of right to review including designation of App Authorityincluding designation of App Authority
THIRD PARTYTHIRD PARTY If info to be disclosed was supplied in If info to be disclosed was supplied in
confidence by a third party, then:confidence by a third party, then:1.1. In 5 days, invite submission from 3rd In 5 days, invite submission from 3rd
partyparty2.2. Submission to be in 10 daysSubmission to be in 10 days3.3. Keep submission in mind Keep submission in mind 4.4. In 40 days of receipt, take decision to In 40 days of receipt, take decision to
disclose if public interest outweighs disclose if public interest outweighs harm to 3harm to 3rdrd party party
THIRD PARTYTHIRD PARTYPOST DECISION ACTIONPOST DECISION ACTION
Give notice of decision to 3Give notice of decision to 3rdrd party, stating party, stating his appeal entitlementhis appeal entitlement
Appeal period: 30 days from orderAppeal period: 30 days from order no no proviso for late appeal in 3proviso for late appeal in 3rdrd party cases party cases
22ndnd appeal to CIC, in 90 days appeal to CIC, in 90 days
CIC will give reasonable opportunity to 3CIC will give reasonable opportunity to 3rdrd party to be heardparty to be heard
FIRST APPEALFIRST APPEAL To officer senior in rank to PIOTo officer senior in rank to PIO
To be preferred inTo be preferred in 30 30 days from days from expiry of period/ date of receipt of expiry of period/ date of receipt of decision (if good reasons, may decision (if good reasons, may accept even accept even laterlater))
GroundsGrounds Decision not received in timeDecision not received in time Aggrieved by decisionAggrieved by decision
Appeal DisposalAppeal Disposal In In 30 days30 days of receipt of appeal of receipt of appeal
May extend to May extend to 45 days with written 45 days with written reasonsreasons
Second AppealSecond AppealLies with CICLies with CIC
In 90 days (later if good reasons)In 90 days (later if good reasons)
We have to accept and forward 2We have to accept and forward 2ndnd appeals tooappeals too
Information CommissionsInformation Commissions Central-Central- Chief Information Chief Information
CommissionerCommissioner
State-State- State Chief Information State Chief Information CommissionerCommissioner
POWERS OF I C sPOWERS OF I C s Receive complaints regardingReceive complaints regarding1.1. No PIO appointedNo PIO appointed2.2. PIO refused to accept application for info PIO refused to accept application for info or appeal to AA or CICor appeal to AA or CIC3.3. Refused accessRefused access4.4. Time limit expired & no responseTime limit expired & no response5.5. Unreasonable feeUnreasonable fee6.6. Info incomplete or falseInfo incomplete or false7.7. Any other matter of RTIAny other matter of RTI Can initiate inquiryCan initiate inquiry Has powers like Civil CourtHas powers like Civil Court Onus on PIO to prove refusal was justifiedOnus on PIO to prove refusal was justified
CIVIL COURT POWERS of ICCIVIL COURT POWERS of ICIC has powers like a Civil Court trying suit under Civil Procedure IC has powers like a Civil Court trying suit under Civil Procedure
Code:Code:
Summon, enforce attendanceSummon, enforce attendance Compel oral/written evidence on oathCompel oral/written evidence on oath Compel to produce documents, thingsCompel to produce documents, things Receive evidence on affidavitReceive evidence on affidavit Requisition public records from any court/officeRequisition public records from any court/office Issue summons to examine witness/documentIssue summons to examine witness/document Any other prescribed matterAny other prescribed matter
No document under the Public Authority to which the Act No document under the Public Authority to which the Act applies can be withheld from IC, notwithstanding any other applies can be withheld from IC, notwithstanding any other Act of ParliamentAct of Parliament
POWERS OF I C s (contd.)POWERS OF I C s (contd.)Can require the Public Authority toCan require the Public Authority to Provide information in particular formProvide information in particular form Appoint PIOAppoint PIO Publish certain infoPublish certain info Change practices relating to record Change practices relating to record
managementmanagement Enhance provision of training on RTIEnhance provision of training on RTI Compensate complainantCompensate complainant Provide annual reportProvide annual report
I C can impose penaltiesI C can impose penalties
PENALTIESPENALTIESIF PIO WITHOUT REASONABLE CAUSEIF PIO WITHOUT REASONABLE CAUSE Refused to receive applicationRefused to receive application Did not furnish info in timeDid not furnish info in time With malafide intention denied requestWith malafide intention denied request Knowingly gave incorrect info or destroyed Knowingly gave incorrect info or destroyed
subject infosubject info Obstructed furnishing of infoObstructed furnishing of info
Then…Then…
PENALTIES PENALTIES (contd.)(contd.) Rs.250 per dayRs.250 per day up to Rs. 25000 (max) up to Rs. 25000 (max)
till application taken/ information furnishedtill application taken/ information furnished
If PIO If PIO persistentlypersistently repeats the defined repeats the defined actions, then…actions, then…CIC can recommend CIC can recommend disciplinary actiondisciplinary action
against PIOagainst PIO
PENALTIES PENALTIES (contd.)(contd.) IC will give notice of appeal rights to IC will give notice of appeal rights to
complainant/ public authoritycomplainant/ public authorityPIO will be given reasonable PIO will be given reasonable
opportunity to be heard before opportunity to be heard before penalty impositionpenalty imposition
Burden on proving reasonableness, Burden on proving reasonableness, diligence on PIOdiligence on PIO
Protection of action taken in good faithProtection of action taken in good faith
REPORTINGREPORTINGEach dept to furnish information annually to CIC regarding:Each dept to furnish information annually to CIC regarding: No. of requests receivedNo. of requests received No. of denials, Act provisions of deial decisionsNo. of denials, Act provisions of deial decisions No of appeals to IC, nature, outcomeNo of appeals to IC, nature, outcome Particulars of disciplinary action takenParticulars of disciplinary action taken Amount of charges collectedAmount of charges collected Recommendations of reformRecommendations of reform Efforts of Public Authority to administer the ActEfforts of Public Authority to administer the Act
Based on this, report of CIC will be tabled before ParliamentBased on this, report of CIC will be tabled before Parliament
OVERRIDING EFFECT OF THE OVERRIDING EFFECT OF THE ACTACT
Over Official Secrets Act 1923Over Official Secrets Act 1923
Any other law for the time in forceAny other law for the time in force
Any instrument having effect by Any instrument having effect by virtue of any law other than this Actvirtue of any law other than this Act
Freedom of Info Act 2002 repealedFreedom of Info Act 2002 repealed
TO BE DONE…TO BE DONE…Analyze RTI implications in day-to-Analyze RTI implications in day-to-
day working, notingsday working, notingsFiling policy and systematic Filing policy and systematic
implementationimplementationPhysical maintenance of recordsPhysical maintenance of recordsComputerisation- info retrievalComputerisation- info retrievalRTI dealing machinery in all deptsRTI dealing machinery in all depts
TO BE DONE…(contd.)TO BE DONE…(contd.) Compilation and dissemination ofCompilation and dissemination of
Suo moto infoSuo moto info Obligatory infoObligatory info
Clarity in each dept regarding exemptable infoClarity in each dept regarding exemptable info
Process of accountal, refund of cash receiptsProcess of accountal, refund of cash receipts
Record mgmt at RTI cell for reporting to Bd, Record mgmt at RTI cell for reporting to Bd, CICCIC
TrainingTraining
RECORDS REQD. AT RTI CELLRECORDS REQD. AT RTI CELL1.1. Application Registration RegisterApplication Registration Register
Need to link cash receipt & registrationNeed to link cash receipt & registration
Establish Establish common groundcommon ground for direct, postal, email for direct, postal, email requestsrequests
Record Record numbernumber of requests for reporting of requests for reporting
Track Track historyhistory of case thru the reg. no. of case thru the reg. no.
Monitoring of Monitoring of target datetarget date with ref to cash receipt date with ref to cash receipt date (same as reg date)(same as reg date)
MORE…MORE…2.2. Rejection Register, provisions of the Rejection Register, provisions of the
Act used Act used 3.3. Appeals Register, nature, outcome Appeals Register, nature, outcome
of appealsof appeals4.4. RTI D&AR Records, CIC ordered RTI D&AR Records, CIC ordered
cases, follow up action takencases, follow up action taken5.5. Movement and accountabilityMovement and accountability6.6. Application fee, refunds, cash Application fee, refunds, cash
accountal systemaccountal system
Need to Standardize Need to Standardize Forms/ResponsesForms/Responses
ApplicationsApplications RTI Cash ReceiptsRTI Cash Receipts
Appeals to AAAppeals to AA Appeals to CICAppeals to CIC
Notice to 3Notice to 3rdrd party party Decisions to 3Decisions to 3rdrd party party
RejectionsRejections Reply to email applicationsReply to email applications
Reply to postal applicationsReply to postal applications Request for further feesRequest for further fees
Transfer case responsesTransfer case responses
Possible Structure for RTI CellPossible Structure for RTI CellRegistration SectionRegistration Section :Public Interface :Public Interface
Registration ( applications, appeals) , inward transfer Registration ( applications, appeals) , inward transfer cases, emails, postal requests, provision of info/refusal, cases, emails, postal requests, provision of info/refusal, Application & Rejection recordsApplication & Rejection records
Cash counterCash counter: : Fee collection, accountal, refund, Fee collection, accountal, refund, recordsrecords
Info processing: Info processing: putting up requests, liaison with putting up requests, liaison with nodal officers, arranging inspections, appeals, outward nodal officers, arranging inspections, appeals, outward transfers, 3transfers, 3rdrd party, related records party, related records
Efficiency: Efficiency: compilation, reporting, monitoringcompilation, reporting, monitoring
THANK YOU THANK YOU FOR YOUR FOR YOUR PATIENCE!PATIENCE!
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