business environment rti -2014

8/11/2019 Business environment RTI -2014

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What is Right to Information?

- It is Fundamental Right of every citizen.

How does the Information help?

- It may not help you directly to get what you want

e.g. gas or electricity connection; but it helps youfind to who is delaying /preventing

Eg,.(Delhi based NGO under RTI has obtained that public workhas cooked up a/c e.g. into contracts 29 hand pumps have

been installed on paper; but in reality only 14 pumps wereinstalled. Out of 253 grating on paper; only 30 installed.

Court has directed for investigation Now the wholetransaction is under investigation.

Right to Information 2005


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It comes into force on the 12th October, 2005

Some provisions have come into force with

immediate effect viz.

Designation of Public Information OfficersConstitution of Central informationCommissionConstitution of State Information CommissionNon-applicability of the Act to Intelligence andSecurity Organizations

2. Who is covered?The Act extends to the whole of India except the

State of Jammu and Kashmir. [S.(12)]


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Information means any material in any

form includ ing reco rds, docum ents,

memos , emai ls, op inions, adv ices, pressreleases, circulars, o rders , logbooks,

con tracts, repo rts, papers , samples,

models, data material held in anyelectron ic form and informat ion relat ing

to any p r ivate body which can be

accessed by a pub l ic author i ty under any

other law for the time being in force.

[S.2(t)].


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What does a Public Authority" mean?

Any authority or body or institution of selfgovernment established or constituted:

[S.2(h)]1. by or under the Constitution;

2. by any other law made by Parliament;

3. by any other law made by State Legislature;4. by notification issued by appropriate

Government

Right to Information Act - 2005


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Right to Information 2005

What information is accessibleRight to Information means:

Right to inspect records or works.

You can ask to inspect any work, document or record in person. For E.G.,you can physically inspect the construction of a bridge or installation of a handpump, etc,.

Right to Certified Copies You can get certified copies or extracts ofdocuments or records and can even ask to take notes from documents and

records; (Section 2(j) (ii))

Right to Get Samples or Model.You can ask for certified samples of materials or models. For e.g., you

can ask for a sample of the road being built in front of your house so that youcan check whether proper materials are being used in accordance with thecontract; (Section 2(j) (iii))

Right to Get information in Electronic Form.You have the right to get information in the form of diskettes, floppies,

tapes, video cassettes or in any other electronic form or through printouts.

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What are the obligations of Public Authority? 4(1) bIt shall publish within one hundred and twenty days of the enactment:-

I. the particulars of its organization,.

II.the powers and duties .

III.the procedure followed in its decisionmaking process.

iv.the norms set by it for the discharge of itsfunctions,

v.a statement of the categories of thedocuments held .



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vi)A directory of its officers and employees; - themonthly remuneration received by each of its officersand employees, including the system of compensationas provided.

vii) the budget allocated to each of its agency.Expenditures and reports on disbursementsiv.manner of execution of subsidy programmes,including the amounts allocated and the

viii)details of the information available to, or held by it.

ix)the particulars of facilities available to citizens forobtaining information, including the working hours of alibrary or reading room, if maintained for public use.iv.the names, designations and other particulars of thePublic Information Officers


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Who are Public Information Officers (PIOs)?- PIOs are officers designated by the public

authorities in all administrative units oroffices under it to provide information to thecitizens requesting for information under theAct.

- What are the duties of a PIO?

PIO shall deal with requests from persons seekinginformation and where the request cannot bemade in writing, to render reasonableassistance to the person to reduce the same in

writing.



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Right to Information Act - 2005Information not accessible [S.8)]

(a) Disclosure would harm national security, scientific oreconomic interests of India or relations with a foreignState or lead to the incitement of an offence;

(b) Any court of law or tribunal has forbidden theinformation from being published;

(c) Disclosure would cause a breach of privilege ofParliament or the State Legislature;(d) The information is confidential commercial

information, trade secrets or intellectual property orgiving it out would harm the competitive position of athird party;

(e) The information is available through fiduciaryrelationship with another person (such as adoctor/patient or lawyer/ client relationship);

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.f) The information has been given by a foreign government

in confidence;

g) Disclosure would endanger the life or physical safety ofa person;

h) Disclosure would impede the process of criminalinvestigation or apprehension or prosecution ofoffenders;

i) Cabinet papers including records of deliberations of theCouncil of Ministers, Secretaries and other officers,although information should be released after adecision is made;

j) The information requested is personal information, thegiving out of which has nothing to do with any publicactivity, or which would cause an unwarrantedinvasion of the privacy of the individual;

k) Disclosure would infringe the copyright of a body otherthan the State JSS Law College 10


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Right to Information Act- 2005

How to request information?

1. Identify the public authority which holds theinformation.

2. Identify who to submit your application to withinthe public authority.

3. Draft a clearly focused application

4. Submit your application

After completing the application, you need to send it to:

The PIO in the public authority which has the informationyou want; or

The APIO located at the sub-district or sub-divisional levelnear you, who is then under a duty to forward yourapplication to the relevant PIO.

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What is the fee?

1. Application fees to be prescribed which must bereasonable.

2. If further fees are required, then the same mustbe intimated in writing with calculation details ofhow the figure was arrived at;

3. Applicant can seek review of the decision on

fees charged by the PIO by applying to theappropriate Appellate Authority;4. No fees will be charged from people living BPL5. Applicant must be provided information free of

cost if the PIO fails to comply with the

prescribed time limit.

What could be the ground for rejection?1. If it is covered by exemption from disclosure.

(S.8)

2. If it infringes copyright of any person other than


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Right to Information Act 2005APPLICATION FORMAT FOR SEEKING INFORMATION UNDER RTI-2005

Sl.

No . Part icularsIn format ion to be provided by the

inform at ion seeker

1 Name

2 Nationality / citizenship

3 Permanent address

Phone :

Email ID:

4 Address for correspondence

Phone :

Email ID:

5 Details of information required

(If necessary a separate sheet may beattached)

6 Details of application fee paid

Demand Daft No. & date

Amount

Drawn in favour of

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business environment rti -2014

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