rti act ppt

JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009

Important features of of RTI Act with section

Presented by: RAMAN SHARMA

رمن شرما रमन शममा

1 Raman Sharma : [email protected]

The Act

There are total 28 sections in Jammu and Kashmir Right To

Information Act 2009


The Rules

There are only 13 provisions in Jammu and Kashmir Right To

Information Rules, 2012


Latest ammended on 30th Aug/2012 vide SRO No. 279

Amendments in the Rules

The Rules have been amended Twice since 2009


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


The Right to information Act is Enacted by Jammu and Kashmir

State legislature

Vide Act No. VIII of 2009 dated 20th March 2009.


Know Officials Secret Act 1923 ?

RTI Act Overrides Officials Secret Act 1923


J & K RTI extends to the whole of Jammu and Kashmir and it has come

into force at once.

Section 1(2,3)


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


The Central RTI Act 2005 is not Applicable to the offices, department

under the authority of J & K Govt.


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


Eligibility to seek information

under RTI Act 2005

All Citizens Shall have the Right to Information

Section 3/ Central RTI Act


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


INFORMATION MEANS:

Any material in any form including

Records, Documents, Memos, E-Mails, Opinions, Advices, Press Releases, Circulars, Orders, Logbooks,

Contracts…. ..

Section 3


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


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


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


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)


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)


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)


An RTI application can be in

English, Urdu or Hindi Language, it can be typed/handwritten.

Section 6(1)


Application procedure and language

An RTI applicant can submit his application through post/self or

even via electronic means.

Section 6(1)


How to Submit RTI application

PIO has to Accept RTI application even if it is not related to his

department.

Section 6(3)


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)


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


Prescribed Fees and modes

No fees to be charged from the person belonging to BPL category.

Section 7(5)


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)


Provide Information within 30 days

but related to life and liberty within 48 hours.

Section, 7(1)


No fees can be charged from the

applicant where the information is not provided within 30 days.

Section 7(6)


Provide the Information to the

applicant in the format in which it is sought.

Section 7(9)


Failure in providing or silence on any RTI application more than 30 days

shall be deemed as refusal.

Section 7(2)


Privilege The Information which cannot be

denied to the Parliament or the State Legislature shall not be denied to any

person.

Section, 8(i)


Exemptions

Certain kind of information cannot be provided under RTI Act

Section, 8(i)


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 : [email protected]

Exempt information: Forbidden by courts; Affecting privilege of Parliament or Legislature;


Exempt information: Commercial confidence, trade secrets or intellectual property, unless larger public interest so warrants; received in confidence from foreign government;


Exempt information:

Endangers life or physical safety or identifies confidential source of information or assistance Impedes the process of investigation or apprehension


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.


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.


Certain Organizations, departments are kept out of the ambit of RTI

In J & K State only CID is kept out

under section 21


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)


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)


The PIO may seek assistance of any other officers, if he considers it

necessary for furnishing the Information.

Section 5(4)


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


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


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


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)


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


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


2nd Appeal before the State Information Commission within 90

days

Section 16(4)*

The Commission has condone the time, if satisfied with delay


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


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


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


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


Particulars of Organization, Functions and Duties

Section 4 (1) (b) (i)


The procedure followed in the decision making process, including channels of supervision &

accountability

Section 4 (1) (b) (iii)


The Norms set by it for the discharge of its functions

Section 4 (1) (b) (iv)


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)


Statement of categories of documents that are held by it or under its control

Section 4 (1) (b) (vi)


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)


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)


Directory of Officers & Employees of the department

Section 4 (1) (b) (ix)


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)


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)


The manner of execution of Subsidy programmes, including the amounts allocated & the details of

beneficiaries of such programmes

Section 4 (1) (b) (xii)


Particulars of recipients of concessions, permits or

authorizations granted by it

Section 4 (1) (b) (xiii)


Details in respect of the information available to or held by it, reduced in an Electronic form.

Section 4 (1) (b) (xiv)


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)


Appellate Authority & Public Information Officer of the department.

Section 4 (1) (b) (xvi)


Such Other Information as may be prescribed

Section 4 (1) (b) (xvii)


Commission office: Jammu: Wazarat Road, Near DC

Jammu’s Office Kashmir: Old Assembly Complex,

Srinagar.

Tel Jammu: 0191-2520927, 2520947

Tel Srinagar: 0194-2484257


CIC and IC’s


IMPORTANT WEBLINKS

WWW.JKGAD.NIC.IN WWW.JKSIC.NIC.IN WWW.CIC.GOV.IN JKRTIACT.BLOGSPOT.IN


http://www.jkgad.nic.in/

http://www.jksic.nic.in/

http://www.cic.gov.in/

Thank you,

for the patience !

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