rti act ppt
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JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009
Important features of of RTI Act with section
Presented by: RAMAN SHARMA
رمن شرما रमन शममा
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The Act
There are total 28 sections in Jammu and Kashmir Right To
Information Act 2009
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The Rules
There are only 13 provisions in Jammu and Kashmir Right To
Information Rules, 2012
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Latest ammended on 30th Aug/2012 vide SRO No. 279
Amendments in the Rules
The Rules have been amended Twice since 2009
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Latest ammended on 30th Aug/2012 vide SRO No. 279
No Amendments in the Act
Since Inception of the J & K RTI Act 2009, so far no amendment
is made in the Parent Act
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The Right to information Act is Enacted by Jammu and Kashmir
State legislature
Vide Act No. VIII of 2009 dated 20th March 2009.
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Know Officials Secret Act 1923 ?
RTI Act Overrides Officials Secret Act 1923
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J & K RTI extends to the whole of Jammu and Kashmir and it has come
into force at once.
Section 1(2,3)
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J & K RTI Act 2009 is even applicable
to the Central government Department falling under the
territorial Jurisdiction of J & K State.
As per J&K SCIC’s Direction;
Order No: SIC-J-15-09/2011/21
dated 05/04/20122
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The Central RTI Act 2005 is not Applicable to the offices, department
under the authority of J & K Govt.
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Though RTI Act 2005 is applicable to
the Central Govt Departments
situated in the Territorial
Jurisdiction of J & K State
Eligibility to seek information under J & K RTI Act 2009
Every person residing in the state
has the right to information..
Section 3 of JK RTI Act
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Eligibility to seek information
under RTI Act 2005
All Citizens Shall have the Right to Information
Section 3/ Central RTI Act
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Every person residing in the state has the right to information, irrespective of his, her gender, age, profession,
job…e.tc
Even a govt. employee can seek information from his department or
any other department Section 3
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INFORMATION MEANS:
Any material in any form including
Records, Documents, Memos, E-Mails, Opinions, Advices, Press Releases, Circulars, Orders, Logbooks,
Contracts…. ..
Section 3
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INFORMATION MEANS: … 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
Section 3
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INFORMATION MEANS:
… Information Relating to Any Private
Body Which can be Accessed by a Public Authority under any other Law for the
Time Being in Force
Section 3
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Public Authorities Public Authorities : Any
Authority/Body or Institution of Self Govt constituted by Constitution of
India/J&K or by any Law of Parliament or JK
Legislature, or body owned/controlled by Govt, even NGO that are substantially
Financed, directly or indirectly
Sec 2-f
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Public Information Officer:
The Public Information officer is officer designated by a Public
Authority to provide Information to an applicant, Every Public Authority shall
designate as many PIOs in an administrative department or office as
necessary to provide information
Section 5 (1)
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Role and Responsibility of PIO The officer i.e Public Information
officer can not say no to receive RTI Application in fact he has to render all reasonable assistance to the applicant.
Section 6 (1)
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The PIO cannot reject an RTI application without citing the valid
exemption clauses and that too the rejection order is to be given in
writing
. Section 7(1)
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An RTI application can be in
English, Urdu or Hindi Language, it can be typed/handwritten.
Section 6(1)
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Application procedure and language
An RTI applicant can submit his application through post/self or
even via electronic means.
Section 6(1)
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How to Submit RTI application
PIO has to Accept RTI application even if it is not related to his
department.
Section 6(3)
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PIO must be attentive and careful
PIO cannot ask the applicant any personal question, like his
intention or motive for seeking information, his job, family etc.
Section 6(2)
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Protection to Applicant
Accept the initial RTI fees of Rs. 10/-* in shape of Indian Postal Order, Demand Draft, Bankers
Cheque or Cash receipt
Rule 3 of J & K RTI Rules 2012
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Prescribed Fees and modes
No fees to be charged from the person belonging to BPL category.
Section 7(5)
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PIO has to Intimate the applicant for
additional fees for supplying the information along with the
calculations, his right to review decision and particulars of the
appellate authority. Section 7,3(a,b)
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Provide Information within 30 days
but related to life and liberty within 48 hours.
Section, 7(1)
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No fees can be charged from the
applicant where the information is not provided within 30 days.
Section 7(6)
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Provide the Information to the
applicant in the format in which it is sought.
Section 7(9)
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Failure in providing or silence on any RTI application more than 30 days
shall be deemed as refusal.
Section 7(2)
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Privilege The Information which cannot be
denied to the Parliament or the State Legislature shall not be denied to any
person.
Section, 8(i)
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Exemptions
Certain kind of information cannot be provided under RTI Act
Section, 8(i)
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Exempt information: Affecting sovereignty, integrity, security, strategic, scientific or economic, or other interests of the State, Relation with foreign state or leading to incitement of an offence;
Section, 8 34 Raman Sharma : jkrtiact@gmail.com
Exempt information: Forbidden by courts; Affecting privilege of Parliament or Legislature;
Section, 8 35 Raman Sharma : jkrtiact@gmail.com
Exempt information: Commercial confidence, trade secrets or intellectual property, unless larger public interest so warrants; received in confidence from foreign government;
Section, 8 36 Raman Sharma : jkrtiact@gmail.com
Exempt information:
Endangers life or physical safety or identifies confidential source of information or assistance Impedes the process of investigation or apprehension
Section, 8 37 Raman Sharma : jkrtiact@gmail.com
Exempt information: cabinet papers, till after the decision has been taken, and the matter is complete, or over: Personal information which would cause invasion of the privacy unless larger public interest justifies it.
Section, 8 38 Raman Sharma : jkrtiact@gmail.com
After 20 Years…..
Most exempt information released after 20 years. Notwithstanding anything a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.
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Certain Organizations, departments are kept out of the ambit of RTI
In J & K State only CID is kept out
under section 21
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An RTI applicant has the right to inspection of work, documents,
records, he can take notes, extracts or certified copies of documents, can
also take certified samples.
Section 2, i(I,II,III)
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An RTI applicant can obtain information in the form of diskettes, floppies, tapes, videos cassettes or in
any other electronic or through printout.
Section 2,I (IV)
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The PIO may seek assistance of any other officers, if he considers it
necessary for furnishing the Information.
Section 5(4)
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The officer, who assistance is sought by the PIO is under obligation to
render assistance and he shall also be treated as PIO
Section 5(4) & Section 17
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Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act or any rule made there
under.
Section 18
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Bar of Jurisdiction of Courts: Section 20 of the Act provides that no court shall entertain any
suit, application or other proceeding in respect of any order made
under the Act and no such order shall be called in question otherwise than by way of
an appeal under the Act
Section 20
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IF PIO provides Incorrect, incomplete and misleading information then he
may attract penalty up to Rs. 25000/- besides disciplinary action under
service rules
Section 17(1)
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First Appellate Authority
First Appeal before the Senior officer of the PIO within 30 days
Section 16(1)*
However, the officer may condone the time
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Time Limit for 1st Appeal First Appeal to be decided only by the
Senior officer and not by the PIO himself, it is to be decided within 30
days and maximum 45 days
Section 16(7)*
In cases of45 days , the reason to be recorded in writing
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2nd Appeal before the State Information Commission within 90
days
Section 16(4)*
The Commission has condone the time, if satisfied with delay
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2nd Appeal to be decided by Information Commissioner or Bench and it is to be decided within 60 days
or maximum 120 days
Section 16(11)*
In cases of 120 days , the reason to be recorded in writing
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RTI Act have overriding effect, the provisions of the Act shall have effect notwithstanding anything inconsistent
therewith contained in the State Official Secrets Act, Samvat 1977 and
any other law for the time being in force
Section 19
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RTI Act shall supersede
The Most Important Section or we
may soul of the Act is section 4. This section if implemented properly it can reduce the burden of the PIO and
minimize the number of RTI application
This section 4 is to be complied by the
Public Authority
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Secton 4 of J & K RTI Act is further divided into different sub-sections
and there are around 17 main points in this section.
Pro-Active Disclosure under the J&K Right to Information Act,2009
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Particulars of Organization, Functions and Duties
Section 4 (1) (b) (i)
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The procedure followed in the decision making process, including channels of supervision &
accountability
Section 4 (1) (b) (iii)
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The Norms set by it for the discharge of its functions
Section 4 (1) (b) (iv)
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The Rules, Regulations, Instruction manuals & Records, held by it or under its control or used by its employees for discharging
its functions
Section 4 (1) (b) (v)
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Statement of categories of documents that are held by it or under its control
Section 4 (1) (b) (vi)
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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
Section 4 (1) (b) (vii)
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A statement of the Boards, Councils, Committees & other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice, & as to whether meetings of those boards, councils,
committees & other bodies are open to the public, or the minutes of such meetings are accessible for public
Section 4 (1) (b) (viii)
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Directory of Officers & Employees of the department
Section 4 (1) (b) (ix)
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The Monthly remuneration received by each of its Officers and Employees,
including the system of compensation as provided in its regulations.
Section 4 (1) (b) (x)
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The Budget allocated to each of its agency, indicating the particular of all Plans, proposed
Expenditures & Reports on Disbursements made
Section 4 (1) (b) (xi)
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The manner of execution of Subsidy programmes, including the amounts allocated & the details of
beneficiaries of such programmes
Section 4 (1) (b) (xii)
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Particulars of recipients of concessions, permits or
authorizations granted by it
Section 4 (1) (b) (xiii)
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Details in respect of the information available to or held by it, reduced in an Electronic form.
Section 4 (1) (b) (xiv)
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Particulars of facilities available to citizens for obtaining information, including the working
hours of a Library or Reading room, if maintained for Public use.
Section 4 (1) (b) (xv)
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Appellate Authority & Public Information Officer of the department.
Section 4 (1) (b) (xvi)
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Such Other Information as may be prescribed
Section 4 (1) (b) (xvii)
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Commission office: Jammu: Wazarat Road, Near DC
Jammu’s Office Kashmir: Old Assembly Complex,
Srinagar.
Tel Jammu: 0191-2520927, 2520947
Tel Srinagar: 0194-2484257
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IMPORTANT WEBLINKS
WWW.JKGAD.NIC.IN WWW.JKSIC.NIC.IN WWW.CIC.GOV.IN JKRTIACT.BLOGSPOT.IN
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Thank you,
for the patience !
Feedback [@]
JKRTIACT@GMAIL.COM
Mobile: 97968--11012
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