rti ppt for amity law school open elective.ppt

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  • 8/10/2019 RTI PPT for Amity Law School Open elective.ppt

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    he Right to Information

    Class

    By:Abdul Hafiz Gandhi

    Amity Law Shool

    abdulhafizgandhi!gmail"om

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    To

    The PIO,

    Regional Passport Office,

    Bhikaji Cama Place,

    New Delhi

    Sub: Application under Right to Information Act 2005

    Dear Sir,

    Please provie the following information !ner Right to Information "ct , #$$%&

    '( I mae an application for iss!e of a new passport )cop* attache+( Please tell me the ail*

    progress mae on m* application so far( i(e( when i m* application reach which officer, for howlong i it sta* with that officer an what i heshe o !ring that perio-

    #( "ccoring to the r!les, m* passport sho!l have .een mae in /% a*s( 0owever, it is

    more than si1 months now( Please give the names an esignations of the officials who were

    s!ppose to take action on m* application an who have not one so-

    2( 3hat action wo!l .e taken against these officials for not oing their work an for ca!sing

    harassment to the p!.lic- B* when wo!l that action .e taken-

    /( B* when wo!l I get m* passport now-

    I am separatel* epositing Rs '$ as application fee(

    4o!rs sincerel*,)S Sharma+

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    '( Intro!ction5 Concept an 0istorical Backgro!n

    #( Constit!tional Provisions an Decisions of 0igher 6!iciar* on RTI

    2( Nee for a law on right to information

    /( Paraigm shift5 0ow RTI change govt( str!ct!re an thinking%( Definitions of vario!s wors occ!rring in RTI "ct, #$$%

    7( 3hat is right to information-

    8( 3hat is P!.lic "!thorit*-

    9( "ppellate "!thorit*

    :( Time perio for giving information'$( ;ee pa*a.le for RTI

    ''( Central Information CommissionState Information Commission

    '#( Penalt* provisions

    '2( 3hat is not covere .* RTI-

    '/( Overriing effect

    '%( Bar on j!risiction of lower co!rts

    '7( Some !sef!l ecisions of CICSIC

    '8( Challenges to RTI

    '9( Principles of ;reeom of Information

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    #erils of Ignorane

    erils of Ignorane

    ((Thirukkural verses 8!" 8#Thirukkural verses 8!" 8#))

    $ he suffering that

    ignorant men inflit u%on

    themsel&es

    an hardly be aused

    e&en by their enemies'

    $(earth of )nowledge is

    dire destitution" *ther

    forms of %o&erty+ the

    world deems less

    im%o&erishing'

    $Thiruvalluvar%

    Tamil Poet

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    ,hy we need R I-

    Culture of serey %re&alent

    in go&ernment

    La) of aountability in

    %ubli offies

    La) of )nowledge as to

    where to go for see)ing

    information

    Badly maintained reords

    o ma)e go&ernment more

    res%onsi&e

    %

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    Information is .ey to

    7

    &emocratic process&emocratic process

    andand

    good governancegood governance

    'urb corruption'urb corruptionandand

    Inefficienc(Inefficienc(

    in public officesin public offices

    )uman)uman

    developmentdevelopment

    Reali*ationReali*ationof human rightsof human rights

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    'hronolog( of +reedom of Information

    ,a-s

    Sween '877

    Colom.ia '999

    ;inlan ':%'

    =S" ':77Denmark, Norwa* ':8$

    ;rance ':89

    "!stralia, New >ealan ':9#

    Canaa ':92

    Inia #$$% /But %rior to this+ state legislationswere there with regard to right to

    information0

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    Status of RTI Laws on the PlanetStatus of RTI Laws on the Planet

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    Chronology of Right to Information

    Laws in Indian states :

    Tamil Na! an ?oa '::8

    . Rajasthan, @arnataka #$$$Delhi #$$'Aaharashtra, "ssam #$$#

    Aah*a Praesh #$$26amm! an @ashmir #$$/ )again in #$$:+

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    Status of RTI Laws in IndiaStatus of RTI Laws in India

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    &ecisions of Supreme 'ourt of India making right to

    information as /+undamental Right

    In Bennett Coleman v. Union of India, in ':82, S!preme Co!rt of Inia

    r!le that the right to freedom of speech and e1pressiong!arantee .*

    Art. #$#% $a% included the right to information.

    In State of UP v. Raj Narain, in ':8%, 1ustie 2athew e1plicitl*

    state& It is not in the interest of the public to cover -ith a veil ofsecrec( the common routine business the responsibilit( ofofficials to e1plain and to 3ustif( their acts is the chief safeguard

    against oppression and corruption.

    2ane)a Gandhi &" 3nion of India "IR ':89 SC %:8 4ustice

    .R.6rishna I(ero.serve that a government which functions in secrec(

    not onl* acts against emocratic ecenc* .!t also .!ries itself -ith its o-n

    burial

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    In S.P. Gupta v. Union of India, in ':9#, the right of thepeople to kno- about ever( public act, an the etails of

    ever* p!.lic transaction !nertaken .* p!.lic f!nctionaries

    was ill!strate(

    In Secretary, Ministry of I B, Government of India vCric!et "ssociation of Ben#al, in '::%, the S!preme

    Co!rt hel that the right to impart and receive informationfrom electronic media was incl!e in the freeom of

    speech(

    In Peoples Union for Civil $i%erties v. Union of India,

    in #$$/, the right to information was further ele&atedto the status of a human right+ necessar* for

    making governance transparent and accountable. It was

    also emphasiEe thatgo&ernane must be

    %artii%atory"

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    Justice Mathew of Supreme Court of India ruled inthe Raj Narain case,1975 that "In a government of

    responsibility like ours, where all the agents of thepublic must be responsible for their conduct, there canbe but few secrets. The people of this country have aright to )now every public act, everything that is

    done in a public way by their public functionaries. Theyare entitled to know the particulars of every publictransaction in all its bearing. Their right to knowwhich is deri!ed from the concept of freedom ofspeech, though not absolute, is a factor whichshould make one wary when secrecy is claimed fortransactions which can at any rate have nore%erussion on %ubli seurity"4

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    Constitutional #ro&isions for R I

    The Right to Information is a fundamental

    rightunder the'onstitution of India

    Information is necessar( to form and

    e1press opinions" dissent or support on an(matter. It is therefore a part ofArticle # $#%$a%

    Information is necessar( for protection of

    the right to life and libert(.It is therefore thepart of Article 2# also.

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    The right to information started to be recogni*ed

    b( Indian 3udiciar( b( #70s.

    The right to information -as difficult to enforce

    -ithout going to the )igher 4udiciar(.

    ne needed to approach Supreme 'ourt and)igh 'ourtsunder Article !2 and 229to enforce

    this right.

    The Right to Information Act" 2005 is a

    odifiationof this important right of citi*ens.

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    ,hy there arises a need for

    R I-

    ecause overriding all these" -as the

    fficial Secrets Act" #2! -hich thre- a

    veil of secrec( on ;overnment

    procedures

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    Section 5 $#% of the Official Secrets "ct, ':#2sa*s5

    The disclosure of an( information that is likel( to

    affect the sovereignt* an integrit* of Inia, thesec!rit* of the State, or frienl* relations with foreign

    States, is punishable b( this Act.

    Th!s in the name of sovereignt(, information was

    kept in secrec*(

    Setion 8 of the

    *ffiial Serets At+ 5679

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    But o%enness of go&ernmental

    %roesses and strutures is

    ondui&e to good go&ernane

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    Transparenc( andAccountabilit( for

    .ey Attributes of Good Go&ernane

    Transparenc(

    Responsibilit(

    Accountabilit(

    =articipation in govt processes and

    decision making

    Responsiveness $to the needs of

    the people%

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    Need for a Law on Right toInformation To make access to information a realityfor

    every citizen

    To make operationalthe fundamental right to

    information

    To set up systems and mechanisms that

    facilitate easy access to information

    To promote transparency! accounta"ility and

    ena"le peoples participation in governance

    To minimize corruption and ine#ciencyin

    pu"lic o#ces

    #'

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    $istorical %ackground &''() *+ +r ,* -IN.$ stressed on Right to

    information as a legal right! which need to "e codi/ed

    &''0) 1 strong grass root movement spearheaded "y

    +2--

    3 +azdoor 2issan -hakti -angathan4 created mass

    awareness and a demand for legislation

    &''5) 6irst 7raft of Information law was prepared "y

    8onsumer 9ducation and Research 8ouncil! 1hmeda"ad

    &'':) *ress 8ouncil of India drafted a %ill! ;ustice * %-awant

    &''

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    &''

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    =((=) N71 .overnment

    enacted the 6reedom of

    Information 1ct ! =((= "ut it

    never came into force

    =((0) The >*1 .overnment

    /nally ta"led a newRight to

    Information Bill

    in *arliament

    =((? @*n 58 1une+ 7

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    RI.$T TA IN6AR+1TIAN 18T!=((?

    The 6reedom of Information 1ct! =((=has "eenrepealed "y the Right to Information 1ct! =((? / Setion 95 of

    R I+ At 7

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    So ,hat is Right to

    Information-

    Asking for and

    being giveninformation as a

    matter of right

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    ,hat Right to Information At

    does-

    It establishes a process for accessinginformation held b( public authorities

    It ordinaril( places an obligationon public

    authorities to give information

    It provides a grievance redressal

    mechanism for citi*ens -ho have been

    denied information in an unreasonable

    manner

    I t t t b t RTI i I di

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    Grassroot le&el mo&ement

    India is the only ountry to all

    it a @RightA and not @reedomA"

    R I+ *I+ A I

    Im%ortant ats about RTI in India

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    Enforcement of the RTI Act, 2005

    The provisions of section 0 3&4!

    sections ?314 and ?324 sections &=!

    &5! &?!&:! =0! =< and =C came into

    force at once! and the remaining

    provisions of this 1ct came into

    force on the one hundred and

    twentieth day of its enactment/ i"e"

    after months0

    #:

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    Extract from the Preamble to RTI Act, 2005

    Democracy requires

    an informed citizenry

    transparency of informationwhich are vital

    to its functioning to contain corruption and

    to hold Governments and their instrumentalities

    accountable to the governed

    RTI declares that Sovereigntyis vested in the

    Citizen

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    A paradigm shift

    ;rom repressive regime of Official Secretto

    Practical regime of right to information

    +rom office>centricto

    citi*en>centric regime

    th!s promoting 5 transparenc*

    5 acco!nta.ilit* 5 containing corr!ption

    Res!lts& '( Informe citiEenr*

    #( New relation .etween government and governed

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    AllCitizens

    shall have the Right to

    Information/Setion 90

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    @(efinitions Setion 7

    efinitions Setion 7

    Information> 2 fInformation> 2 f

    Records"Records" documents"documents" memos"memos"

    e>mails"e>mails" opinions"opinions" advice"advice" press releases"press releases"

    circulars"circulars" orders"orders"

    Information aboutInformation about %ri&ate bodiesri&ate bodies that canthat can

    be accessed underbe accessed under e"isting lawse"isting lawsb# ab# a%ubli

    ubli

    authority

    uthority $Sec. %&

    logbooks"logbooks" contracts"contracts" reports"reports" papers"papers" samples"samples" models"models" data material held indata material held in

    eletroni formletroni form

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    @Reord = (efinitions

    eord = (efinitions

    An( document" manuscript and file

    Sec. % $i&

    An( microfilm" microfiche and facsimile

    cop( of a document

    An( reproduction of image or images

    embodied in such microfilm $-hether

    enlarged or not%

    An( other material produced b( a

    om%uter or any other de&ie

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    2%

    Section 2 $3%

    Right to Information means the right to information

    accessi.le !ner this "ctwhich is held by or underthe ontrolof an* p!.lic a!thorit* an incl!es the right

    toF

    )i+ inspectionof work, oc!ments, recorsG)ii+ taking notes, e1tracts or certified copies of oc!ments

    or recorsG

    )iii+ taking certified samples of materialG

    )iv+ o.taining information in the form of diskettes"floppies" tapes" video cassettes or in an( other

    electronic mode or through printouts where s!ch

    information is store in a computer or in an( other

    device.

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    What Right a citizen has under theAct

    A citizen has right to information at par with the +em"ers of

    *arliament. A citizen has a right to seek information from a public authority

    which already eBists and is held by the public authority.

    The PIO is not supposed to:

    create informationD to interpret informationD

    to solve the pro"lems raised "y the applicantsD

    to furnish replies to hypothetical Euestions

    The right includesF inspection of work documents and records!

    taking notes e"tracts or certi#ed copies of documents or records! and

    taking certi#ed samples of material.

    seeking information

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    Seeking information

    Identify the Public authority wherethe information is a$ailable

    %raft focused &uestions 'ubmit the application to the PIO or

    APIO

    (ait for the decision

    Competent 'uthorit#Competent 'uthorit#

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    Competent 'uthorit#Competent 'uthorit#

    (Sec. %$e&)(Sec. %$e&)

    Speaker ,ok Sabha < idhana SabhaSpeaker ,ok Sabha < idhana Sabha 'hairman of the Ra3(a Sabha < ,egislative'hairman of the Ra3(a Sabha < ,egislative

    'ouncil'ouncil

    Supreme 'ourt and )igh 'ourts ? 'hiefSupreme 'ourt and )igh 'ourts ? 'hief4ustices4ustices

    =resident of India or the ;overnor for=resident of India or the ;overnor forall other

    ll other

    authoritiesuthorities created b( or under thecreated b( or under the'onstitution'onstitution

    +or @Ts ? Administrator $,t. ;overnor%+or @Ts ? Administrator $,t. ;overnor%

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    2:

    &efinition

    Section 2$h%

    "pu%lic aut&ority" means an* a!thorit* or .o* orinstit!tion of self5 government esta.lishe or constit!teF

    )a+ .* or !ner the Constit!tionG

    ).+ .* an* other law mae .* ParliamentG

    )c+ .* an* other law mae .* State

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    (Sec. %$h&)(Sec. %$h&)

    ,hat is #ubli Authority-

    hat is #ubli Authority-

    An( authorit( or bod( constituted under theAn( authorit( or bod( constituted under the'onstitution or la- made b( =arliament < State'onstitution or la- made b( =arliament < State

    ,egislature,egislature

    An( authorit( or bod( constituted b( notificationAn( authorit( or bod( constituted b( notification

    issued or order made b( 'entral

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    RTI and Supreme 'ourt 'ontrovers(

    Bhether Supreme 'ourt is covered b( RTI or not

    RTI b( Subhash 'handra Aggar-al" RTI Activist based in

    &elhi

    C1>'hief 4ustice of India 4ustice 6.;. alkrishnan-as ofthe vie- that Supreme 'ourt is notcovered b( RTI

    'entral Information 'ommission held Supreme 'ourt is

    covered&elhi )igh 'ourt in 200 also held that S' is covered b(RTI

    Do-" the appeal is before the Supreme 'ourt

    itself

    RTI d = liti l = ti ' t

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    RTI and =olitical =arties 'ontrovers(

    n 4une !" 20#!'entral Information 'ommission held that

    political parties are covered under Section 2 $h%of the RTIAct" 2005.

    Ta15e1empte income of the #0 main political parties in the

    last five (ears to!che a whopping Rs 2"0 crore )TOI, #

    Dec, #$'#+( This information was accesse .* )isar basedRTI activistRamesh ermafrom Income Ta1 Department

    RTI $Amendment% ill 20#!-as presented in the =arliament

    on #2thAugust" 20#! to e1empt =olitical parties from RTI.

    The RTI $Amendment% ill 20#! wo!l overt!rn the 4une !

    order of the 'entral Information 'ommissionwhich hel si1

    political parties5 'ongress" 4=" S=" D'=" '=I and '=E5 as

    p!.lic a!thorities !ner Section 2$h%of the RTI "ct, #$$%(

    = liti l = ti d S 2$h% f RTI

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    =olitical =arties and Sec. 2$h% of RTI

    Reason: These political parties are directl( or indirectl(

    funded b( the government

    Association for &emocratic Rights $A&R%" sought the information

    under RTI" claiming that political parties are covered under RTI since

    the( get huge ta1 e1emption from the government.

    +our ma3or political parties in India have got Rs. #"0!! crore from

    the government in form of income ta1 e1emption $replies received

    from the income ta1 department under the transparenc( la- has

    revealed this%.

    &ata compiled b( A&R sho-s that the 'ongress gotma1imum income ta1 e1emption of Rs. 557 crorebet-een

    2009>07 and 20#0>## follo-ed b( 4= > Rs. 282 croreand

    S= ?Rs. 7 crore.

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    The political parties are e1empted from pa(ing an(

    income ta1 under section #! $A% of the Income Ta1 Acton

    the ground that the mone( is being used for Fbenefit of

    publicG.

    Apart from ta1 e1emption" the parties have also got

    prime propert( in ,ut(ens &elhi for their offices" for -hich

    the( have to pa( a nominal rent.

    =un3ab and )ar(ana )igh 'ourt had declared =un3ab 'ricket

    Association" a private bod("as a public authorit( under the RTI la-

    for availing e1emption of the entertainment ta1.

    Similarl(" =un3ab State Information 'ommissiondeclared 'hristian

    Eedical 'ollege ,udhiana as a public authorit( for seeking

    e1emption from pa(ing income ta1.

    RTI d = liti l = ti ' t

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    RTI and =olitical =arties 'ontrovers(

    B6D, TAC an CPI an man* other RTI "ctivists

    o.jecte to this "menment an hence Bill was

    referre to the Staning Committee

    RTI $Amendment% ill 20#! is no- referred toParliamentar* Staning Committee on Personnel,

    P!.lic ?rievances,

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    (uty of #ro=ati&e (islosure=

    uty of #ro=ati&e (islosure= Soul * +eartSoul * +eart

    PublicPublic'uthorit#'uthorit#

    Section ,- !er# Public 'uthorit# mustpublishthese on a regular basis /

    0. Particulars of its organisation0. Particulars of its organisation dutiesduties

    and functionsand functions

    %.%. Powers and dutiesPowers and duties of its officers andof its officers andemplo#eesemplo#ees

    1.1. ProcedureProcedureto be followed in itsto be followed in its decision/decision/

    making processmaking process including channels of including channels ofsuper!ision and accountabilit#super!ision and accountabilit#

    ,.,. 2orms2ormsset out b# it for discharge of itsset out b# it for discharge of its

    functionsfunctions

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    3.3. Information aboutInformation about rules regulationsrules regulations

    instructions manuals * recordsinstructions manuals * records used b# itsused b# its

    emplo#ees for discharging its functionsemplo#ees for discharging its functions

    4.4. Statement of theStatement of the categories of documentscategories of documents heldheld

    b# it or under its controlb# it or under its control

    5.5. 6etails of an# arrangement for6etails of an# arrangement for consultation orconsultation or

    representation b# members of publicrepresentation b# members of public in relationin relationto polic# formulation and implementationto polic# formulation and implementation

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    7. List of boards councils committees and other7. List of boards councils committees and other

    bodies consisting of % or more persons forbodies consisting of % or more persons for

    getting ad!ice includinggetting ad!ice including whether their meetingswhether their meetings

    are open to the publicare open to the publicor if minutes of meetingsor if minutes of meetingsare accessible to themare accessible to them

    8.8. 6irector#6irector# of its officers and emplo#eesof its officers and emplo#ees

    00.00. 9udget allocated9udget allocated to each of its agenciesto each of its agenciesindicating particulars of all plans proposedindicating particulars of all plans proposed

    e"penditure and reports of disbursementse"penditure and reports of disbursements

    5 'E $'hair%" ,eader of

    pposition in the idhan Sabha and # 'abinet Einister

    nominated b( 'E

    State Information 'ommission could be in an( part of the State ?

    to be decided b( the State

    Similar po-ers and functions as 'entral

    Information 'ommission

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    #enalty #ro&isions= Se" 7niversity

    Appeal no. +4567

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    Answer sheets

    Inspection of eBamination answer sheetafter announcement of result is noteBempted from disclosure under sectionC3&43d4

    The candidate can see his own answersheets

    'tate Information 1ommission /a3asthan

    -hri 1noop -ingh vGsR*-8

    --784++85-667

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    Answer sheets

    Inspection or providing copy ofhis own answer sheet ofeBamination is not "arred under

    section C3&43d4

    'tate Information 1ommission /a3asthan1shish adav vGs %oard of -ec 9ducation!

    RaJasthan

    Appeal 0o. +,,5-667

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    #isclose mar8s

    The commission felt that there sho$ld be lot of trans'arency inthe cond$ct of examinationand hence they sho$ld disclose mar8s

    sec$red by the successful candidates and also c$toff mar8s, if

    any, 'rescribed in the organiBation for the selection 'rocess) It

    has also been decided in the commission that henever a

    candidate is see8ing information abo$t his on mar8s it sho$ld

    also be revealed to him)

    Smt)Padma %alas$bramanian,

    entral Information ommissionerA''eal o) 6/C;IP%;200? 7)o) P%A;0?;!5C >$ne 2*, 200?

    A''eal o) 6/6;IP%;200? 7) o) P%A;0?;!/C #ated >$ne 2*, 200?

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    Personal information S)C!"."

    8hen /+ 9(0)(#) is read as a "hole, it is apparent that Personal

    information does not mean information relating to the

    information seeker sine the question of invasion of privay

    does not arise in his o"n ase+ Therefore "hen a iti:en see;sinformation about his o"n ase and as lon% as the information

    sou%ht is not e5empt in terms of other provisions of /etion 9 of

    RTI !t, this setion annot be applied to deny the information+

    A''eal o) /?=;IP%;2006 7) o) P%A;0?;!? #ated :arch 5, 200?

    :r) P)) Sh$8la @s anara %an8

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    Personal information S)C!"."

    Regarding Disclosure of Applications of candidates for Exam

    The douments submitted by individual appliants ontain a lot ofinformation as personal details, inome, P!N, soures of funds,

    partnership details, plans to run dealership, affidavit et+ "hih are

    personal douments and ontain a lot of information of confidential

    nat$re, submitted by third parties, not to be %iven+

    A''eal o) /0;IA";06;7)o I;:A;A;2006;0050;

    #ated 20thA'ril 2006

    The folloing shall ordinarily be 'rovided

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    The folloing shall ordinarily be 'rovided

    a"o'y of every bill settled from f$nds controlled by the P$blic

    A$thorityb" alc$lation sheet of TA;#A

    c" Statement of acco$nts of every Pro.ect;Event f$nded;

    organised by P$blic A$thority

    d" Ex'endit$re details and '$r'oses of every .o$rney

    'erformed by Dovernment Em'loyee in &fficial a'acity

    e" ame, $alification and ex'ertise details of each member of

    Selection ommittee once the Selection is over)

    f" #etails of all the $otations and 1$oted rates of any

    'rod$ct;service after the '$rchase 'roced$re is over incl$ding

    %$ilding;Trans'ort contract etc"

    Eonitoring and Reporting $Sec. 25%

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    entral Information ommission I" shall send an ann$al

    re'ort to the entral Dovernment on the im'lementation of the'rovisions of RTI Act at the end of the year) (Similarly SI to

    State Dovernment+

    This Re'ort shall contain details of n$mber of re1$ests

    received by each P$blic A$thority, n$mber of re.ections and

    a''eals, 'artic$lars of any disci'linary action ta8en, amo$nt of

    fees and charges collected etc)

    entral Dovernment after the end of each year, ca$se a co'y of

    the re'ort of I to be laid before each ho$se of Parliament)

    I to recommend im'rovement in 'ractices of '$blic

    a$thority)

    1ppropriate .overnment to

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    1ppropriate .overnment toprepare programmes 3 -ection =:4

    The appropriate .overnment toFa4 7evelop and organize educational programmes to

    advance the understanding of the pu"lic!

    particularly the disadvantaged! to eBercise right to

    information

    "4 9ncourage pu"lic authorities to participate in

    programmesD

    c4 promote timelyG eKective dissemination of

    accurate info on activities

    d4 Train *IAs and produce relevant training materials

    9%

    =RID'I=,CS + +RCC&E + ID+REATID ,C;IS,ATIDS

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    =RID'I=,C #. EAMIE@E &IS',S@RC

    ;reeom of information legislation sho!l .e g!ie .* the principle of

    ma1im!m isclos!re

    =RID'I=,C 2. ,I;ATID T =@,IS)

    P!.lic .oies sho!l .e !ner an o.ligation to p!.lish ke* Information

    =RID'I=,C !. =RETID + =CD ;CRDECDT

    P!.lic .oies m!st activel* promote open government

    =RID'I=,C . ,IEITC& S'=C + CM'C=TIDS

    M1ceptions sho!l .e clearl* an narrowl* rawn an s!.ject to strict FharmG

    and Fpublic interestG tests

    =RID'I=,C 5. =R'CSSCS T +A'I,ITATC A''CSS

    ReJ!ests for information sho!l .eprocessed rapidl( and fairl(an aninepenent review of an* ref!sals sho!l .e availa.le

    =RID'I=,C 9. ,B 'STS

    Inivi!als sho!l not .e eterre from making reJ!ests for information .*

    e1cessive costs

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    PRINCIP

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    Right to Information 3Regulation of

    6ees and 8ost Rules4!=((?

    8entral Information 8ommission

    31ppeal *rocedure Rules4!=((?

    99

    Right to Information 3Regulation

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    Right to Information 3Regulationof 6ees and 8ost Rules4!=((?

    1pplication 6ee @ Rs&(

    10G15 paper @ Rs = per pageD

    Larger paper @ actual costD

    *rinted pu"lications @ /Bed price!

    photocopiesGeBtracts @ Rs = per pageD

    6loppyGdiskette @ Rs ?(D

    -amplesG models @ actual costD

    Inspection of records @ &st hour free and Rs ? for

    each su"seEuent hour

    9:

    -tate Legislations

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    The following statesand >nion Territories

    have enacted Right toInformation RulesF

    3 The list includes the statesto the eBtent details areavaila"le at the respective

    state sites4

    1ndhra1ndhra*radesh*radesh

    +adhya+adhya*radesh*radesh

    1runachal1runachal*radesh*radesh

    +aharashtr+aharashtraa

    1ssam1ssam +eghalaya+eghalaya

    8hattisgarh8hattisgarh NagalandNagaland

    .oa.oa ArissaArissa

    .uJarat.uJarat *unJa"*unJa"

    $aryana$aryana RaJasthanRaJasthan

    $imachal$imachal

    *radesh*radesh

    -ikkim-ikkim

    ;harkhand;harkhand Tamil NaduTamil Nadu

    2arnataka2arnataka TripuraTripura

    2erala2erala >ttar>ttar*radesh*radesh

    :$

    1ndaman H Nico"ar1ndaman H Nico"arIslandsIslands

    7aman H 7iu7aman H 7iu

    -tate 1ppeal Rules

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    ppThe states which have prescri"ed

    appeal fees are listed "elowF

    .overnment.overnment 6ee for6ee for1ppeal to1ppeal to1111

    6ee for6ee for1ppeal to1ppeal toI8I8

    +ode of *ayment+ode of *ayment

    1runachal1runachal

    *radesh*radesh

    NilNil Rs?(Rs?( Treasury 8hallanTreasury 8hallan

    +adhya+adhya*radesh*radesh

    Rs?(Rs?( Rs&((Rs&(( 8ashGNon)Judicial8ashGNon)Judicial-tamp-tamp

    +aharashtr+aharashtraa

    Rs=(Rs=( Rs=(Rs=( 8ash against8ash againstreceiptGdemandreceiptGdemand

    draftG"ankersdraftG"ankerscheEueG court feecheEueG court feestampstamp

    OrissaOrissa /s.96/s.96 /s.96/s.96 1ourt fee stamp1ourt fee stamp

    :'

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    Some Samples of RTI

    =ublic Information fficers

    $Dame of the &epartment%

    $ffice%

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    $ffice%

    $=lace%

    Sub: Application under the RTI Act" 2005

    Eadam

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    $=lace%

    Sub: Application under the RTI Act" 2005

    Eadam

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    $=lace%

    Sub: Application under the RTI Act" 2005

    Eadam

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    A''rehensions

    The information ill be mis$sed)

    &fficers and others ill be blac8mailed

    One an only be bla;mailed if there is somethin% tohide,not "hen information is open and aessible to all+

    Only those "ho have done "ron% an be bla;mailed+

    In fat this !t "ill be a deterrentfor "ron%doin%+

    Challenges to RTI

    # ,ack of a-areness about the la-

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    #.,ack of a-areness about the la-

    2.'ulture of secrec(

    !.,o- interest of academic communit( on research and

    studies of impact of RTI on societ(.Ei1ed response to RTI b( 3udiciar(

    5.Don>seriousness of governments about RTI> no report of

    Information 'ommission are discussed in =arliament or

    State assemblies9.Don>integration of RTI regime -ith information

    technolog( and internet

    7.=rivate>=ublic =artnership Eodel> must be included

    8.Deed to change perception about RTI> Its a tool and not

    a -eapon

    .,o- participation of female in the use of RTI

    #0.Rural>@rban divide

    ##.6illings of RTI Activists> Deed of Bhistle>blo-ers Act

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    ;overnment Cmplo(ee is no longer a

    ;overnment Servant.

    She

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    The real S-ara3 -ill come not b( theacHuisition of authorit( b( a fe- but

    b( the ac'uisition of capacity %y all

    to resist aut&ority (&en a%used

    5Aahatma ?anhi

    e")sites 6or Reference

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    e")sites 6or Reference

    wwwpersminnicin

    wwwfreedominfoorg

    wwwcfoiorguk

    wwwrtigovin

    wwwcicgovin

    wwwhumanrightsinitiativeorg

    wwwmahadhikarorg

    wwwrighttoinformationinfo

    wwwparivartancomG

    wwwsatyamevaJayateinfoG

    '$$

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    Than) you+or more information (ou ma( contact:

    a.!lhafiEganhigmail(comwww(face.ook(coma.!lhafiEganhi

    www(twitter(comhafiEganhi

    Ao.( 9$:$:$/792

    mailto:[email protected]://www.facebook.com/abdulhafizgandhihttp://www.twitter.com/hafizgandhihttp://www.twitter.com/hafizgandhihttp://www.facebook.com/abdulhafizgandhimailto:[email protected]