Right To Information

1. Right to Information
Act :
EMPOWERMENT
Through
INFORMATION
KarticK chandra Barman
assistant professor of
history
Krishna chandra college

2. THE RTI ACT
& YOUR EMPOWERMENT
• You can ask for (almost) any
information from the Public
Authority
• You won’t have to give reasons for
asking
• Redress of delay or non delivery,
as that has to be acknowledged
through information

3. RTI- UNIQUENESS
• It has emerged from the grassroots
-- not imposed from above
• Involvement of Active Citizenry
and Civil Society Movement behind
this Act
• You won’t have to go to Court for
its implementation, every office
needs to be geared up for this Act.

4. RTI-
Information
is
Power
Information
With
People
True
Democracy
Power
of People
RTI

5. RTI- THE
FOUNDATION
The real Swaraj will come
not by the acquisition of
authority by a few but by the
acquisition of capacity by
all to resist authority when
abused.
-Mahatma Gandhi

6. RTI- THE
FOUNDATION• Information is power and it belongs
to people.
• In democratic polity every person
is capable of governing itself and
sovereignty lies in people.
• Supreme Court interpreted “Right
to Know” as integral part of “Right
to Freedom of Speech and
Expression”.

7. State of U.P. vs. Raj Narain
(AIR 1975 SC 865) - Justice K.K.Mathew
‘The people of this country have a right to
know every public act, everything that is done
in a public way, by their public functionaries.
The right to know which is derived from the
concept of freedom of speech, though not
absolute, is a factor which should make one
wary, when secrecy is claimed for
transactions which can, at any rate, have no
repercussion on public security. To cover with
veil of secrecy, the common routine business,
is not in the interest of the public’.

8. RTI- THE
FOUNDATION‘Democracy requires an informed
citizenry and transparency of
information which are vital to its
functioning and also to contain
corruption and to hold Governments
and their instrumentalities
accountable to the governed’
- Right to Information Act 2005

9. RTI- THE
FOUNDATION“I believe that the passage of this Bill will
see the dawn of a new era in our processes
of governance, an era of performance and
efficiency, an ear which will ensure that
benefits of growth flow to all sections of our
people, an era which will eliminate the
scourge of corruption, an era which will
bring the common man’s concern to the
heart of all processes of governance, an era
which will truly fulfill the hopes of the
founding fathers of our Republic.”
: Dr. Manmohan Singh, Prime Minister of

10. RTI ACT
•Enacted on 15 June 2005.
•Came into force on
12 October 2005

11. RTI ACT- BASIC
PURPOSE
- Informed Citizenry
- Transparency in Governance
- Practical Regime of RTI
- Secure Access to Information
in Public Authority
- Prevention of Corruption

12. RTI- THE
PROVISIONSRight to Information – Right
Shall Publish – Mandatory
Within reasonable time , subject to availability of
resources
Suo moto publication – minimum use of Act
Consider local language, cost effectiveness,
effective mode of communication
100 days to designate PIO
No bar in appointing APIO in sub district and
sub divisional level

13. RTI- THE PROVISIONS
•Request in writing or electronic form – English ,
Hindi, Official Language
•Reasonable assistance for oral request
•Do not ask for reason for request
•Transfer application within 5 days
•Give information within 30/35 days
•In case of life , liberty within 48 hours
•Not giving info within time – deemed to be
refused

14. RTI- THE PROVISIONS
•Fee to be reasonable , no fee for BPL
•Public interest overweigh private interest
•Liability for negligence
•Penalty for not giving information”
•Act done in good faith – no legal
proceeding.
•Overrides Official Secret Act and other
laws
No civil court’s jurisdiction

15. RTI- ACTION PLAN
• Have you appointed PIO/ APIO
• Have you made documentation ready
• Have you classified documents according
to your convenience
• Have you notified information regarding
PIO
• Have you made proforma ready

16. RTI- ACTION PLAN
• Application for information
• Money receipt
• Record of request for information
• Supply of information
• Refusal of information
• Transfer of request for information
• Third party information
• Appeal

17. RTI- 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 -

18. RTI- RECORDS
Every public authority shall maintain all its
records duly catalogued and indexed in a
manner and the form which facilitates the right
to information under this Act and ensure that all
records that are appropriate to be computerised
are, within a reasonable time and subject to
availability of resources, computerised and
connected through a network all over the
country on different systems so that access to
such records is facilitated

19. RTI- RIGHTS
It includes the right to -
i. inspect works, documents, records.
ii. take notes, extracts or certified copies of
documents or records.
iii. take certified samples of material.
• iv. obtain information in form of printouts,
diskettes, floppies, tapes, video cassettes or in
any other electronic mode or through printouts

20. RTI- PUBLIC
AUTHORITY• "public authority" means any authority or body or
institution of self- government established or
constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the
appropriate Government, and includes any—
(i) body owned, controlled or substantially
financed;
(ii) non-Government organization substantially
financed,

21. RTI- EXEMPTIONS
a) forbidden by any court of law or
tribunal
b) breach of privilege of Parliament
or the State Legislature
c) affects the sovereignty and
integrity of India
d) information related to agencies
mentioned in the Second Schedule
of the Act

22. RTI- EXEMPTIONS
e) Commercial confidence, trade secrets
or intellectual property
f) Information from a foreign
government
g) Cabinet papers including records of
deliberations of the Council of
Ministers, Secretaries or prosecution
of offenders
h) Information which relates to personal
matters, the disclosure of which has
no bearing on any public activity or

23. RTI- NEED OF THE HOUR
What can you do now
•Create Awareness
•Proactive use –
File Application seeking
Information

24. Thank You