RIGHT TO INFORMATION ACT

Presented By:Varun Arya

INTRODUCTION

The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002. The Act applies to all States and Union Territories of India except the State of jammu and kashmir. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

RIGHT TO INFORMATION MEANS:

• Right to seek Information

• Right to obtain Information

• Right to inspect information

•To get Certified copies/ Samples• To get Third party information also

NEED FOR RTI ACTPromotes openness, transparency and accountability in the working of every public authority

Reduce Corruption

Prevent administrative arbitrariness

Bridge the gap between providers recipient of public services

Make citizen part of decision making

Make administrative responsive

Strengthen the foundation of democracy

RTI IN VARIOUS COUNTRIESSweden (1766) Freedom of Press Act

India is the 48th Country to implement RTI

USA (1966) Freedom of Information Act

UK (2000) Freedom of Information Act

South Africa (2000) Promotion of Access to Info Act

New Zealand (1982) Official Information Act

Finland (1951) Openness to Public documents

RTI in constitution of Countries like France, Brazil, Mexico, Columbia etc.

More than 90 countries are having act on RTI

DEFINITION OF RIGHT TO INFORMATION [SECTION 2(J)]

Right to information accessible under the Right To Information

Act which is held by or under the control of any public authority

and includes the right to•Inspection of work, documents, records•Taking notes, extracts or certified copies of documents of records;•Taking certified samples of material;•Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

RTI FEE

₹10.00 in Urban Area

₹ 5.00 in Rural Area

If information on CD : ₹ 50.00

If information on DVD : ₹ 100.00

To Inspect Document : Up to 1 hour free later on 15 Rupees per hour.

APPLICATION PROCEDURE FOR REQUESTING INFORMATION SECTION 6(1)Apply in writing or through electronic mode

It maybe in English or Hindi or in the official language of the area , To the PIO(Public Information Officer),specifying the particulars of the information required for.

Reason for seeking information are not required to be given;

No personal details are to be attached except the contact details.

Pay fees as maybe prescribed(if not belonging to the below poverty line category).

HOW TO WRITE AND SEND AN APPLICATION?

On plain paper

•Use white sheet of paper to write an application. No restriction on number of pages.

Typed or Hand Written

•No compulsion to type the matter but it should be readable.

No limit on questions

•There are no restrictions on number of questions that can be asked in one application . However it is advisable to ask limited number of questions.

HOW TO WRITE AND SEND AN APPLICATION?

TESTED METHODS OF SENDING

• Personally ,By hand–copy of the application/proof of payment is duly stamped , signed and stamped by the PIO or inward department•Registered post•Speed post

DISPOSAL OF AN APPLICATION-TIME LIMIT (7(1))

Authority

Public Information officer

Assistant Public Information officer

PIO transfers to another public authority(Authority better concerned)

If related to Human Rights violation in Security agencies

If life or liberty of a person is involved

THIRD PARTY

APPEAL : FIRST APPEALYou can make an appeal to the Appellate Authority if:

(a) You are aggrieved by the decision made;(b) If no decision was made within the proper time

limits;(c) You are a third party consulted during the

application process, and you are unhappy with the decision made by the PIO .

You need to send your appeal to the Appellate Authority within 30 days from the date on which you

received the decision from the PIO.

SECOND APPEAL

A second appeal against a decision of an Appellate Authority to the Information Commission must be made within 90 days from the date on which the decision was actually received . Further, if third party is involved, he/ she should get opportunity to be heard.

COMPLAINT

EXEMPTION FROM DISCLOSE

UNDER RTISovereignty and Integrity of the Nation.

Security of the state.

18 institute (CBI, RAW, etc)

Right to privacy.

Trade secret/ Commercial info./ Seal Tender info. Etc.

Protection of copyright.

GROUNDS FOR REJECTION

PENALTY -SEC 20 (1)

Penalty of Rs.250 per day –total amount not exceeding Rs.25,000/-

Opportunity to be given to CPIO before imposition of Penalty.

CIC can also recommend disciplinary action against CPIO.

HOW DOES RTI ANONYMOUS WORKS

EFFECTS OF RTI ACT

SUCCESS STORY OF RTI

Pollution Factory Shutdown

•Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was running illegal plastic factory.•In December 2002, he filed complaint with the deputy commissioner of police and forwarded a copy to SDM(Sub Divisional Magistrate). He visited SDM’s office at least five times between February and August 2003.•Then he filed an application under RTI act, wanting to know what was happening to his complaint.

SUCCESS STORY OF RTI

Pollution Factory Shutdown(contd)

•On September 1, he received a reply, they had forwarded his complaint to Delhi Pollution Control Committee but no reply had been received and on September 3, he filed a RTI application at DPCC.•Kapil Jain got a copy of DPCC’s letter and surprised, they replied they had already sent an inspection report of the unit.•He himself approached the SDM with copy of DPCC and next day the factory was sealed.

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