2. Some say it is a “Tool”..
Some say it is a “Weapon”..
But actually it is an…..
The Right to Information Act 2005
3. 3
The RTI Act 2005: Why-n-What
An Act to provide for setting out the practical regime of
Right to Information for citizens to secure access to
information under the control of public authorities, in
order to promote transparency and accountability in the
working of every public authority, the constitution of a
Central Information Commission and State Information
Commissions and for matters connected therewith or
incidental thereto.
4. 4
The RTI Act 2005: When-n-Where
This Act may be called the Right to Information Act,
2005.
The RTI act 2005 was enacted by permission and
authority of His Excellency, President of India. This act
was enacted by the Parliament on 15.06.2005 and
notified in the Gazette of India dated 21.06.2005.
It extends to the whole of India except the State of
Jammu and Kashmir.
5. 5
The RTI Act 2005: Who
Who can exercise his / her right under The RTI Act
2005?
The answer is:
Subject to the provisions of this Act, all citizens shall
have the right to information.
6. 6
The RTI Act 2005: Definitions
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, 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.
7. 7
The RTI Act 2005: How
How To Request Information?
A person, who desires to obtain any information under
this Act, shall make a request in writing or through
electronic means in English or Hindi or in the official
language of the area in which the application is being
made, accompanying such fee as may be prescribed, to
public authority by providing contact details.
8. Where can we file RT
Pers onal Is s ues :
•
S tudent S cholarships
•
PAS S POR T DE LAY
• IT R eturns
•
Driving license Delay /R TA related issues
•
PF R elated
• R ATION C ard
• Voter ID C ard
•
Answers S heets from Universities
•
GAS C Y LINDE R DE LIVE R Y /New Gas
C onnections
•
University Program details
•
DE S E ALING AND R E GULAR IZATION OF Y OUR
HOUS E
•
Water problem /Water C onnections
•
list goes on… … …
9. 9
The RTI Act 2005: Fee
Is There Any Fee To Seek Information?
FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION
• In case of central govt. departments, INR 10.00 by
way of cash under proper receipt, demand draft,
bankers cheque, Indian postal order, money order or
cash deposited at designated post offices.
• In case of state govt. departments, particularly in
Maharashtra state, INR 10.00 by way of cash under
proper receipt, demand draft, banker’s cheque,
money order or court fee stamp.
10. 19 May 2015 Avinash Murkute | Pune | M: 9822698070 10
The RTI Act 2005:
Machinery & Hierarchies
APIO Assistant Public Information Officer
PIO Public Information Officer
AA Appellate Authority
IC Information Commissioner
SIC State Information Commissioner
CIC Central Information Commissioner
DOPT Department of Personnel & Training
You must know below terms well!
11. 11
The RTI Act 2005: Process
How Is Your Application Dealt?
Public Information Officer (PIO) on receipt of a
request, as expeditiously as possible, and in any case
within thirty (30) days of the receipt of the request,
either provide the information on payment of such
fee as may be prescribed or reject the request for
any of the reasons specified like security, copyright,
commercials, etc.
15. 15
The RTI Act 2005: Cost
Does Information comes at a cost?
Oh yes, because nothing is free.
A4 or A3 size paper Rs 2 for each page plus
postage
Fixed price materials At printed cost plus
postage
Diskette or Floppy or CD Rs. 50 plus postage
Inspection cost Free for first hour
16. 16
The RTI Act 2005: Appeals
What if you don’t get information requested?
If you don’t get proper response or requested
information from public authority or from its pubic
information officer within 30 calendar days, you can
file complaint with Information Commission or file an
appeal with first appellate authority.
Similarly, you can file complaint or appeal (as above)
for late response or for demand of cost of information
which is unreasonable.
17. 17
The RTI Act 2005: First Appeal
Where and how to file first appeal?
You will have to move an appeal application along
with the prescribed appeal fee. In Maharashtra, it is
court fee stamp of INR 20/-. In Central Government
offices, there is no fee. First appellate authority is the
officer senior to public information officer. On receipt
of your appeal, this appellate authority will call an
explanation from PIO, might invite you to hear you
and will pass an reasonable order within 30-45 days.
18. 18
The RTI Act 2005: Second Appeal
Where and how to file Second appeal?
If you are not satisfied with response of public
information officer and order passed on your appeal
by first appellate authority of particular public
authority, you can file second appeal with State
Information Commissioner or Central Information
Commissioner, as the case may be.
There is no prescribed time limit for getting response
or order at this level. Too many cases are piled up
with these offices.
19. 19
The RTI Act 2005: Imp. Sections
The RTI Act has more than 30 sections and its
subsections. In order to get response every
time, one must study all sections and
amendments in the act from time to time.
Section 3: All citizens have the right
Section 4: Proactive disclosures by authorities
Section 6: Request for obtaining information
Section 7: How your requests will be treated
Section 8: Exemptions
Section 19 (1): First appeal
Section 19 (3): Second appeal
Section 20: Penalties and Disciplinary actions
20. 20
Section 8: Exempted Organizations
IB, RAW of the Cabinet Secretariat
DRI, Central Economic Intelligence Bureau
Directorate of Enforcement
Narcotic Control Bureau
Aviation Research Centre, Special Frontier Force,
BSF, CRPF, ITBP, CISF, NSG,
Assam Rifles, Special Service Bureau
Special Branch (CID) Andaman & Nikobar
The Crime Branch (CID-CB) Dadra and Nagar Haveli
Special Branch, Lakshadweep Police
21. 21
Information can not be shared
Sovereignty and Integrity Of India
Prevented by courts
Breach of privilege of Parliament
Trade secret, Intellectual property
Fiduciary relationship
Info received from foreign Government
Life and physical safety of any person
Issues under investigation
Cabinet papers
Invasion in privacy