basic rti ppp

7/28/2019 Basic Rti Ppp

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Right to Information Act - 2005

A.K.RAY PLM

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Why right to information ?

Information gathered by public officials at public

expense is owned by public. .-Joseph E Stiglitz (1999)

Sec-3(1) RTI Act -Every citizen has right to

information.

Sec6(2) RTI Act-No reason is required to be given bycitizen.

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International experiences Initial legislation in Sweden in 1766

called Freedom of Press Act

1966: Freedom of Information Act inUS

2000- Freedom of Information Act in

UK By now, about 80 countries have

legislation on freedom of informationP-3


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Indian experience Prior to RTI Act, Some of the states had their

own act- 1996: Tamil Nadu, 1997: Goa, 2000: Karnataka, 2000: Maharashtra, Rajasthan, 2001: Delhi & Assam

2002: MP, 2004: J&K Freedom of Information Act-2002 RTI is Master key to good governance-2nd ARC

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Objectives To set out a practical regime of right to

information for citizens To secure access to information under the control

of public authorities To promote transparency and accountability in the

working of every public authority To contain corruption

To increase citizens awareness and ability toexercise their other rights

To equip them to participate meaningfully in thedevelopment process

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Coverage-2(h) All PUBLIC AUTHORITIES: which means:

Any body constituted under the Constitution ora law made by Parliament or State Legislatures.

Any body constituted by a notification or orderissued by the Central and State Governments.

Any body owned, controlled or substantiallyfinanced by the Central Government or theState Government. P-6


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Exclusions (Sec-24) Intelligence and security organisations

established by the Central or State

Governments as notified from time totime. However, information relating toalleged corruption or human rights

violations is not exempted fromdisclosure

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Obligations of Public Authorities(Sec 4)

OBLIGATIONS TO MAINTAIN RECORDS;

PROACTIVE DISCLOSURE; INFORMATION ABOUT POLICIES &

DECESSIONS;

REASON TO AFFECTED PARTY;

CONSTANT ENDEAVOUR ; APPOINTMENT OF PIO/APIO/1st AA.

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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, datamaterial held in any electronic form and informationrelating toany private body which can be accessed bya public authority under any other law for the time beingin force-Section 2(f)

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Scope of the Right to Information-

2(j) Right to information includes the right to :

inspection of work, documents, records;

taking notes, extracts or certified copies thereof;

taking certified samples of material;

obtaining information in the form of diskettes, floppies, tapes, videocassettes or in any other electronic mode or through printouts wheresuch information is stored in a computer or in any other device;

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REQUEST ?

RAILWAYZONAL

DIVISION

RLY-BOARD

CPIO

APIO

CPIO

APIO

1st

APPELATEADRM

1stAPPELATE

AGM

1st

APPELATEAM-C*

2ndAPPELATE

CIC

CPIO

APIO

* Now 3PIOs &

3AAs in Rly. Board.

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ToThePIO

------------

-----------

-

ToThe

PIO-----------

-

------------

APIO

IN

F

O

R

M

A

T

A

T

I

O

N

BP

L

WITH

FEE

CI

T

I

ZE

N

PIO

RTI-ISTM-WS/PRDP/SEP-OCT

R

E

Q

U

ES

T

Transfer

Seeking

3rd

party

Rejection

Add.Fee

NON

BPL

Self

Sel

f

Hindi, English or Official language

Of area .

NO

FEE

Sec-7

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Third party Information:Sec-

11 Third party: means a person other than citizen making

a request for information and includes a public

authority.[Sec:2(n)]

Information

Citizen

1st party

Person(affected)

3rd party

PIO2nd party

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FEE- STRUCTURE

RTI (Regulation of

Fee& Cost) Rules-2005

Inspection of

document

= No fee 1st hour

Rs.5/hr. thereafter

Inspection of

document

= No fee 1st hour

Rs.5/hr. thereafter

CertifiedCopy of

Documents =

Rs.2 /copy

Certified

Copy of

Documents =

Rs.2 /copy

Certified

Samples of

material =

Actual Cost

Certified

Samples of

material =

Actual Cost

Information

(Electronic

Form) = Rs.50/

Diskette or

Floppy .

Information

(Electronic

Form) = Rs.50/

Diskette or

Floppy .

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Response Time (Section-7) 30 days from the date of application .

35 days incase of application receivedthrough APIO on transfer.

40 days if involves the interests of a third

party. 48 hours if involves the life or liberty of a

person.P-15


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What should not be given ?

[sec-8(1)] Information which would prejudicially affect -

sovereignty and integrity of India;

security/strategic/scientific/economic interests of the State;

relation with foreign State ;

Information which might incite an offence Information which is forbidden by a court; Information whichcauses a breach of privilege of the Legislature; Information which would harm the competitive position (commercial

confidence, trade secret & copy right) of a third party, subject to larger

public interest; Information which is held in fiduciary relationship, subject to larger

public interest;

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Exemptions (contd.) Information received in confidence from foreign Government; Information disclosure of which would endanger the life of any

person; Information disclosure of which would impede the process of

investigation; Cabinets paper; Personal information which has no relationship to any public

activity or interest; Information disclosure of which would involve an infringement

of copy right.(Sec-9)

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Ist appeal

ADRM/AGM

AM (C )

CIC

Not satisfied with response ofPIO

90 Days*

DISPOSAL OFAPPEALWithin 30 days

extendable furtherby 15 days .

PIO30 Days*

*30/90 days time period

can be extended on

legitimate ground.

**Memo of appeal can

be routed through

APIO/PIO

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Go for Appeal/Complaint


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QUANTUM OF PUNISHMENTQUANTUM OF PUNISHMENT

Penalty ofPenalty ofRs.250 per day up to Rs. 25000 will be imposed overRs.250 per day up to Rs. 25000 will be imposed overPIO till application taken /information furnished by PIO.[Sec-20PIO till application taken /information furnished by PIO.[Sec-20]]

Disciplinary actionDisciplinary action can also be recommendcan also be recommend

against PIO.against PIO.Deemed PIODeemed PIO:: If assistance has been sought from otherIf assistance has been sought from otherofficer u/s 5(4)then for any contravention/ delay ,other officerofficer u/s 5(4)then for any contravention/ delay ,other officer

shall treated as deemed PIO.shall treated as deemed PIO.

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Supremacy of RTI Act

Sec-22 :The provisions of this act shallhave effect notwithstanding any thinginconsistent there with contained inOfficial Secret Act-1923 and any other

law time being in force.

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Pre rti : complete secrecy

Official secret Act-1923[Sec-5]:

Willful disclosure of information by

- any person in possession or control of secret official

information.- Any person to whom official information has been interested

in confidence.

- Any person obtaining or having access to information owingto his holding any office (present or past), or

- Any person holding any government contract or any personholding any office under any of these persons.

- Information provider and receiver both will be offenders.


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Official Secrecy


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INDIAS

RANKING

IN WORLD

IN

CORRUPTION


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RELAXATION FROM OFFICCIAL SERECY

Where as the Disclosure of Public

Interest and Protection of Informer Bill-

2002 is under consideration, Government

resolved here under:

Clause-1.

CVC is hereby authorized as designatedagency to receive complaint relating to

corruption or misuse of office.. .

Clause-3.

Notwithstanding any thing contained in

Official Secret Act-1923 any PublicServant except those referred under Art

33(a)-(d)of Indian Constitution or any

other person including NGO may make a

written disclosure to designated agency .

Ref:;(DoPT:No-371/12/2002-AVD-III ,Dt.21.04.04)


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Railway Service Conduct Rule -1966

Rule No. 11 :Communication of official Information :No railway servant, shall except

in accordance with any general or special order of the Government or in the

performance in good faith of the duties assigned to him communicate, directly or

indirectly, any official document or any part thereof or information to any

Government or railway servant or any other to whom he is not authorized tocommunicate such document or information.

Explanation-Quotation by a railway servant (in his representations to official

superior authorities of or from any letter, circular or office memorandum or from

the notes on any file to which he is not authorised to have access or which he is

not authorised to keep in his personal custody or for personal purposes) shallamount to unauthorised communication of information within the meaning of this

rule.

Secrecy & Railways


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Rly. Service Conduct Rules -1966

- Rule No. 11: Communication of Official Information.-Every Railway servant shall, in performance of hisduties in good faith, communicate information to aperson in accordance with the Right to Information Act,

2005 (22 of 2005) and the rules made there under: Provided that no Railway servant shall, except in

accordance with any general or special order of theGovernment or in performance in good faith of theduties assigned to him communicate, directly or

indirectly, any official document or any part thereofor classified information to any Railway servant orany other person to whom he is not authorized tocommunicate such document or classifiedinformation. (Amnd Dtd:21-02-2006)

Post RTI :


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Highest Users


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REPORT- CARD Railways(90/%),Ministry of Enviorment(70%) are top two good

compliers.

Delhi police is at bottom in compliance.

Amongst states, Meghalaya is at top while Delhi & Rajsthan at

bottom in compliance.

In state ,about 50% have no copy of RTI Act-20005,37% have

not undergone any training & 27% pleaded unfamiliarity with the

Act.

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(Bhagavadgita Chap. 4)

Truth about theACTIONmust be known

Truth about theINACTIONmust be known;

Truth about the PROHIBITED ACTION

must be knownMysterious are the ways ofACTION

This is the truth: If you can believe !

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