t he right to information act 2005 shailesh gandhi

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1 T T he Right to he Right to Information Act Information Act 2005 2005 Shailesh Gandhi Shailesh Gandhi

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T he Right to Information Act 2005 Shailesh Gandhi. Origins. The first FOI Law was enacted in Sweden on 2 nd December, 1766. It was primarily sponsored by a Finnish clergyman Anders Chydenius. - PowerPoint PPT Presentation

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Page 1: T he Right to Information Act 2005 Shailesh Gandhi

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TThe Right to he Right to Information Act Information Act 20052005

Shailesh GandhiShailesh Gandhi

Page 2: T he Right to Information Act 2005 Shailesh Gandhi

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OriginsOrigins

The first FOI Law was enacted in Sweden The first FOI Law was enacted in Sweden on 2on 2ndnd December, 1766. December, 1766.

It was primarily sponsored by a Finnish It was primarily sponsored by a Finnish clergyman Anders Chydenius.clergyman Anders Chydenius.

Anders is said to have been inspired by Anders is said to have been inspired by Confucian philosophy (5 B.C.) that Confucian philosophy (5 B.C.) that Chinese emperors were expected ‘to Chinese emperors were expected ‘to admit their imperfections,even as they admit their imperfections,even as they were to uphold infallible and exemplar were to uphold infallible and exemplar personal conduct.’personal conduct.’

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PREAMBLEPREAMBLE WHEREAS the Constitution of India has established democratic Republic; WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an informed citizenry and AND WHEREAS democracy requires an informed citizenry and

transparency of information which are vital to its functioning and also to transparency of information which are vital to its functioning and also to contain corruption and to hold Goverments and their instrumentalities contain corruption and to hold Goverments and their instrumentalities accountable to the governed;accountable to the governed;

   AND WHEREAS revelation of information in actual practice AND WHEREAS revelation of information in actual practice

is likely to conflict with other public interests including is likely to conflict with other public interests including efficient operations of the Governments, optimum use of efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of limited fiscal resources and the preservation of confidentiality of sensitive information; confidentiality of sensitive information; 

AND WHEREAS it is necessary to harmonise these AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of conflicting interests while preserving the paramountcy of the democratic ideal;the democratic ideal;

NOW, THEREFORE, it is expedient to provide for furnishing certain NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it information to citizens who desire to have it

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Information Information

2 (f)2 (f) "information" means any material in "information" means any material in any form, including records, documents, any form, including records, documents, memos, e-mails, opinions, advices, press memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, releases, circulars, orders, logbooks, contracts, reports, papers, samples, contracts, reports, papers, samples, models, data material held in any models, data material held in any electronic form and information relating electronic form and information relating to any private body which can be to any private body which can be accessed by a public authority under any accessed by a public authority under any other law for the time being in force;other law for the time being in force;

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Public Authorities Section Public Authorities Section 2h2h ““public authority” means any authority or body or institution of public authority” means any authority or body or institution of

self government established or constituted,—self government established or constituted,— (a)(a)        by or under the Constitution ;by or under the Constitution ; (b)(b)      by any other law made by Parliament;by any other law made by Parliament; (c)  (c)  by any other law made by State Legislature;by any other law made by State Legislature; (d)(d)    by notification issued or order made by the appropriate by notification issued or order made by the appropriate

Government,Government, and includes any--and includes any-- (i)(i)        body owned, controlled or substantially financed;body owned, controlled or substantially financed; (ii) (ii) non-Government organisation substantially financed,non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate directly or indirectly by funds provided by the appropriate

Government;”Government;”

PM’s & CM’s Relief fundPM’s & CM’s Relief fund

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Right to Information Sec 2jRight to Information Sec 2j

(j) (j) "right to information" means the right to "right to information" means the right to information accessible under this Act which is held by or information accessible under this Act which is held by or under the control of any public authority and includes the under the control of any public authority and includes the right to-right to-

(i)(i) inspection of work, documents, recordsinspection of work, documents, records;; (ii) (ii) taking notes, extracts, or certified copies of taking notes, extracts, or certified copies of

documents or records; documents or records; (iii)(iii) taking certified samples of material; taking certified samples of material; (iv)(iv) obtaining information in the form of diskettes, obtaining information in the form of diskettes,

floppies. tapes, video cassettes or in any other electronic floppies. tapes, video cassettes or in any other electronic mode or through printouts where such information is mode or through printouts where such information is stored in a computer or in any other device; .stored in a computer or in any other device; .

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Most ImportantMost Important Section 3 Section 3

Subject to the provisions of this Act, Subject to the provisions of this Act,

all Citizens shall have the all Citizens shall have the

right to information.right to information.

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Section 4 – Suo Moto DisclosuresSection 4 – Suo Moto Disclosures

Seventeen points under 4 (1) (b)Seventeen points under 4 (1) (b) (xvii) such other information as may (xvii) such other information as may

be prescribed;be prescribed; The heart of the RTI Act.The heart of the RTI Act. Unsatisfactory implementation.Unsatisfactory implementation. Proper implementation could improve the Proper implementation could improve the

working efficiency of working.working efficiency of working. It would also make the PIOs job easier.It would also make the PIOs job easier.

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Section 6- Section 6- Request for obtaining informationRequest for obtaining information

(1)(1) A person, who desires to obtain any information under this Act, A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English 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 or Hindi or in the official language of the area in which the application is being made, is being made,

(2) (2) An applicant making request for information shall not be An applicant making request for information shall not be required to give any reason for requesting the information or any other required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting personal details except those that may be necessary for contacting him.him.

(3) (3) Where an application is made to a public authority requesting Where an application is made to a public authority requesting for an information, -for an information, -(i) (i) which is held by another public authority; orwhich is held by another public authority; or

(ii) (ii) the subject matter of which is more closely connected with the the subject matter of which is more closely connected with the functions of another public authority,functions of another public authority, the public authority, to the public authority, to which such application is made, shall transfer the application which such application is made, shall transfer the application or such part of it as may be appropriate to that other public or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such authority and inform the applicant immediately about such transfer:transfer:

Provided that the transfer of an application pursuant to this sub-Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but section shall be made as soon as practicable but in no case later in no case later than five days from the date of receipt of the applicationthan five days from the date of receipt of the application. .

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7. Disposal of request7. Disposal of request (1) on receipt of a request under section 6 (PIO) shall, as (1) on receipt of a request under section 6 (PIO) shall, as

expeditiously as possible, and in any case within thirty days of the expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:the reasons specified in sections 8 and 9:

Where the information concerns the life or liberty of a person, the Where the information concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the same shall be provided within forty-eight hours of the receipt of the request.request.

(2) If PIO fails to give decision on the request for information within (2) If PIO fails to give decision on the request for information within the period specified under sub-section (1), the PIO shall be deemed the period specified under sub-section (1), the PIO shall be deemed to have refused the request.to have refused the request.

(3) PIO must give details of further fees representing the cost of (3) PIO must give details of further fees representing the cost of providing the information as determined by him, together with the providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days.of calculating the period of thirty days.

(6)person making request for the information shall be provided the (6)person making request for the information shall be provided the information free of charge where a public authority fails to comply information free of charge where a public authority fails to comply with the time limits specified (30 days)with the time limits specified (30 days)

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Section 7 Section 7 ((8) 8) Where a request has been rejected under Where a request has been rejected under

subsection (1), the Central Public Information subsection (1), the Central Public Information Officer or State Public Information Officer, as the Officer or State Public Information Officer, as the case may be shall communicate to the person case may be shall communicate to the person making the request,-making the request,-

(i)(i) the reasons for such rejection;the reasons for such rejection; (ii)(ii) the period within which an appeal the period within which an appeal

against such rejection may be preferredagainst such rejection may be preferred;; (iii) (iii) the particulars of the appellate the particulars of the appellate

authorityauthority.. (9)(9) An information shall ordinarily be provided An information shall ordinarily be provided

in the form in which it is sought unless it would in the form in which it is sought unless it would disproportionately divert the resources of the disproportionately divert the resources of the public authority or would be detrimental to the public authority or would be detrimental to the safety or preservation of the record in question.safety or preservation of the record in question.

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Exemption from Exemption from disclosure of informationdisclosure of information –Section 8–Section 8

(1) (1) Notwithstanding anything contained in this Act, there shall Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,-be no obligation to give any citizen,-

(a)(a) information, disclosure of which would prejudicially affect the information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to economic interests of the State, relation with foreign State or lead to incitement of an offence;incitement of an offence;

(b)(b) information which has been expressly forbidden to be information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which published by any court of law or tribunal or the disclosure of which may constitute contempt of court;may constitute contempt of court;

(c)(c) information, the disclosure of which would cause a breach of information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;privilege of Parliament or the State Legislature;

(d)(d) information including commercial confidence, trade secrets information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such is satisfied that larger public interest warrants the disclosure of such information;information;

(e)(e) information available to a person in his fiduciary relationship, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;interest warrants the disclosure of such information;

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Section 8.. Cont.Section 8.. Cont.

(f)(f) information received in confidence from foreign information received in confidence from foreign government;government;

(g)(g) information, the disclosure of which would endanger information, the disclosure of which would endanger the life or physical safety of any person or identify the source the life or physical safety of any person or identify the source of information or assistance given in confidence for law of information or assistance given in confidence for law enforcement or security purposes;enforcement or security purposes;

(h)(h) information which would impede the process of information which would impede the process of investigation or apprehension or prosecution of offenders;investigation or apprehension or prosecution of offenders;

(i)(i) cabinet papers including records of deliberations of the cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Council of Ministers, Secretaries and other officers:

Provided that the decisions of Council of Ministers, the reasons Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been were taken shall be made public after the decision has been taken, and the matter is complete, or over:taken, and the matter is complete, or over:

Provided further that those matters which come under the Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;exemptions specified in this section shall not be disclosed;

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Section 8..contd.Section 8..contd.

information which relates to personal information the information which relates to personal information the disclosure of which has no relationship to any public activity disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:public interest justifies the disclosure of such information:

Provided that the information, which cannot Provided that the information, which cannot be denied to the Parliament or a State be denied to the Parliament or a State Legislature shall not be denied to any personLegislature shall not be denied to any person..

(2)(2) Notwithstanding anything in the Official Secrets Act, Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to with sub-section (1), a public authority may allow access to information, if public interests in disclosure outweighs the information, if public interests in disclosure outweighs the harm to the protected interests.harm to the protected interests.

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Section 11Section 11

11. 11. (1) (1) Where a Central Public Information Officer or Where a Central Public Information Officer or the State Public Information Officer, as the case may be, the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof intends to disclose any information or record, or part thereof on a request made under this Act, which. relates to or has on a request made under this Act, which. relates to or has been supplied by a third party and has been treated as been supplied by a third party and has been treated as confidential by that third party, the Central Public Information confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, the third party to make a submission in writing or orally, regarding whether the information should be disclosedregarding whether the information should be disclosed, , and and such submission of the third party shall be such submission of the third party shall be kept in view while taking a decision about kept in view while taking a decision about disclosure of informationdisclosure of information::

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Some necessary Actions by Public Some necessary Actions by Public authorityauthority

Clearly identify the holders,-deemed PIOs,- of various Clearly identify the holders,-deemed PIOs,- of various recordsrecords

PIO should directly send his requisition for information to PIO should directly send his requisition for information to the holder of the record.the holder of the record.

All ‘holders of record’ must understand the relevance of All ‘holders of record’ must understand the relevance of Section 5 (4) and Section 5 (5), and their liabilities under Section 5 (4) and Section 5 (5), and their liabilities under Section 20 (1).Section 20 (1).

‘‘Holder of record’ can either be the dealing assistant or Holder of record’ can either be the dealing assistant or the Section officer. If the Public authority decides that the the Section officer. If the Public authority decides that the Section officer must be referred to, the Section officer Section officer must be referred to, the Section officer must be held administratively responsible for providing must be held administratively responsible for providing the information and be liable as the deemed PIO. the information and be liable as the deemed PIO.

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Section 5 (4) & 5(5)Section 5 (4) & 5(5)

(4) (4) The Central Public Information Officer or State Public The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.necessary for the proper discharge of his or her duties.

(5) (5) Any officer, whose assistance has been sought Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State treated as a Central Public Information Officer or State Public Information Officer, as the case may be .Public Information Officer, as the case may be .

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TimeplanTimeplan

RTI application received. RTI application received. 30 days clock starts.30 days clock starts. All RTI applications must reach the PIO within one day.All RTI applications must reach the PIO within one day. Within one day of the receipt of the requisition for information, Within one day of the receipt of the requisition for information,

please check the following ( in cases where the life or liberty of please check the following ( in cases where the life or liberty of a person is involved, information has to be provided in 48 a person is involved, information has to be provided in 48 hours) :hours) :

Has the application fee been paid? For Central Govt. bodies, a Has the application fee been paid? For Central Govt. bodies, a Citizen can pay 10 rupees by cash, banker’s cheque, Indian Citizen can pay 10 rupees by cash, banker’s cheque, Indian Postal order or in a designated Post office.Postal order or in a designated Post office.

Is the applicant’s contact information provided?Is the applicant’s contact information provided? Is the requisition for ‘information’ covered by Section 2 (f) and Is the requisition for ‘information’ covered by Section 2 (f) and

(j) ?(j) ? If the answer is ‘no’, please intimate the requisitioner that what If the answer is ‘no’, please intimate the requisitioner that what

has been asked for is not ‘information’ as defined by Section 2 has been asked for is not ‘information’ as defined by Section 2 (f) or 2(j) of the RTI act.(f) or 2(j) of the RTI act.

If the answer is ‘Yes’, ie. What has been asked for, is If the answer is ‘Yes’, ie. What has been asked for, is ‘information’ as defined by the Act it may be given. ‘information’ as defined by the Act it may be given.

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Next actionNext action

If prima facie you see that information must be provided, If prima facie you see that information must be provided, see if you have the information with you. If so, see if any see if you have the information with you. If so, see if any charge is leviable as per the rules. For Central charge is leviable as per the rules. For Central Government the charges are Rs. 2 per page for A4 size Government the charges are Rs. 2 per page for A4 size Xerox copy or collated and typed. Intimate the Xerox copy or collated and typed. Intimate the requisitioner of the calculations and the total amount requisitioner of the calculations and the total amount payable, and ask him to pay the amount. If there are payable, and ask him to pay the amount. If there are items whose cost has not been specified in the rules, -eg. items whose cost has not been specified in the rules, -eg. Samples,-please make a reasonable estimate. On Samples,-please make a reasonable estimate. On payment of the amount release the information. If some payment of the amount release the information. If some information is not being provided, indicate clearly which information is not being provided, indicate clearly which information is not being provided and give the reasons information is not being provided and give the reasons how any of the exemption clauses are applicable. how any of the exemption clauses are applicable.

If some the information has to be obtained from another If some the information has to be obtained from another officer send him a note, and seek his assistance under officer send him a note, and seek his assistance under Section 5 (4), stating that he must give you an answer Section 5 (4), stating that he must give you an answer within 15 days.within 15 days.

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Voluminous informationVoluminous information

If voluminous information has been If voluminous information has been sought, which would take too much sought, which would take too much resources, estimate the number of pages resources, estimate the number of pages in which the information may exist and in which the information may exist and offer to give the pages from which offer to give the pages from which information would have to be collated, at information would have to be collated, at Rs. 2 per page. Also offer an inspection of Rs. 2 per page. Also offer an inspection of the records to the applicant.- Section 7 the records to the applicant.- Section 7 (9).(9).

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First Appellate First Appellate AuthoritiesAuthorities

1. A statutory duty.1. A statutory duty. 2. A very important role.2. A very important role. 3. As soon as an appeal is received it 3. As soon as an appeal is received it

must be listed for hearing-preferably must be listed for hearing-preferably within 10 days.within 10 days.

4. A reasoned speaking order must be 4. A reasoned speaking order must be issued.issued.

5. A good appellate mechanism will save 5. A good appellate mechanism will save officers from penalties.officers from penalties.

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First Appellate AuthorityFirst Appellate Authority

Critical role of the First appellate Critical role of the First appellate authority.authority.

It is a duty which must be fulfilled.It is a duty which must be fulfilled. Hearings are a must, unless the appellate Hearings are a must, unless the appellate

authority is convinced that the authority is convinced that the information must be provided.information must be provided.

Reasoned orders must be given keeping Reasoned orders must be given keeping in mind the RTI Act. in mind the RTI Act.

When asking for information to be When asking for information to be provided identify it clearly.provided identify it clearly.

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Reply in regard to application under Reply in regard to application under

Right To Information Act 22 of 2005.Right To Information Act 22 of 2005. From. Name and Designation of PIO with Address From. Name and Designation of PIO with Address

and Phone number. and Phone number. To (Name and address of the applicant) To (Name and address of the applicant) Your RTI application dated …….. received on ………..Your RTI application dated …….. received on ……….. With respect to your above mentioned application, we are pleased to inform you that the With respect to your above mentioned application, we are pleased to inform you that the

following information can be provided to you on payment of fees as shown below:following information can be provided to you on payment of fees as shown below: 1. A4 size pages nos. @ Rs. 2 each Rs.1. A4 size pages nos. @ Rs. 2 each Rs. 2. Other size papers nos. @ Rs. Each Rs.2. Other size papers nos. @ Rs. Each Rs. 3. Floppies or CDs nos. @ Rs. 50 each Rs.3. Floppies or CDs nos. @ Rs. 50 each Rs. 5. Postage charges ________________5. Postage charges ________________ Total Rs.Total Rs. Please pay the fees at ………………(place), or send a demand draft or IPO in the name of ……… so Please pay the fees at ………………(place), or send a demand draft or IPO in the name of ……… so

that we may give you the information.that we may give you the information. We wish to inform you that the following information is not being given to you, since the We wish to inform you that the following information is not being given to you, since the

following exemption clauses apply:following exemption clauses apply: Information severedInformation severed Exemption clauseExemption clause Reasoning how exemption clause applies.Reasoning how exemption clause applies. If you wish to appeal against this decision you can appeal within 30 days to :If you wish to appeal against this decision you can appeal within 30 days to : Name, address and telephone number of appellate authority.Name, address and telephone number of appellate authority.

Signature of PIOSignature of PIO ___ ___

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Reply in regard to application under Right To Reply in regard to application under Right To Information Act 22 of 2005Information Act 22 of 2005

. .

From: Name and Designation of PIOFrom: Name and Designation of PIO

Address and Phone number. Address and Phone number. ToTo (Name and address of the applicant) (Name and address of the applicant) Your RTI application dated …….. received on ………..Your RTI application dated …….. received on ……….. Sir,Sir, With respect to your above mentioned application, we regret to With respect to your above mentioned application, we regret to

inform you that the information requested by you, cannot be provided inform you that the information requested by you, cannot be provided for the reasons given below:for the reasons given below:

Information refusedInformation refused Exemption clauseExemption clause Reasoning how exemption clause applies. Reasoning how exemption clause applies.

If you wish to appeal against this decision you can appeal within 30 If you wish to appeal against this decision you can appeal within 30

days to :days to : Name, address and telephone number of appellate authority.Name, address and telephone number of appellate authority. Signature of PIOSignature of PIO

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When answering multiple When answering multiple questions tabular format usefulquestions tabular format useful

Information Information soughtsought

InformationInformation Information Information not being not being provided- provided- exemption –exemption –clause-clause-reasonsreasons

1.1.

2.2.

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Section 7 (9)Section 7 (9)

ToTo (Name and address of the applicant) (Name and address of the applicant) Your RTI application dated …….. received on ………..Your RTI application dated …….. received on ……….. Sir,Sir, With respect to your above mentioned application, we regret to inform With respect to your above mentioned application, we regret to inform

you that the information requested by you, cannot be provided in the you that the information requested by you, cannot be provided in the format sought by you, since it would disproportionately divert our format sought by you, since it would disproportionately divert our resources. resources.

However as per Section 7 (9), we can offer you inspection of the relevant However as per Section 7 (9), we can offer you inspection of the relevant files on ………. (offer 3 alternate dates with times). files on ………. (offer 3 alternate dates with times).

Or We can however give you photocopies from the relevant records. The Or We can however give you photocopies from the relevant records. The additional fees for this will be:. additional fees for this will be:.

1. A4 size pages nos. @ Rs. 2 each1. A4 size pages nos. @ Rs. 2 each 2. Other size papers nos. @ Rs. each2. Other size papers nos. @ Rs. each 3. Floppies or CDs nos. @ Rs. 50 each3. Floppies or CDs nos. @ Rs. 50 each If you wish to appeal against this decision you can appeal within 30 days to If you wish to appeal against this decision you can appeal within 30 days to

:: Name, address and telephone number of appellate authority.Name, address and telephone number of appellate authority. Signature of PIOSignature of PIO

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Some bottlenecksSome bottlenecks

Lack of culture of transparency.Lack of culture of transparency. Lack of awareness of the law Lack of awareness of the law

amongst Citizens and PIOs.amongst Citizens and PIOs. Information Commission’s slow pace Information Commission’s slow pace

of disposals.of disposals. Unwillingness to accept mistakes.Unwillingness to accept mistakes. The bane of transfers.The bane of transfers.

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RTI 2005RTI 2005

An Act to Provide Information.An Act to Provide Information. Public interest is Paramount.Public interest is Paramount. Leads to true participatory democracy- Leads to true participatory democracy-

SWARAJ.SWARAJ. Transparency brings flaws and faults Transparency brings flaws and faults

upfront and improves systems and upfront and improves systems and governance.governance.

Truth and Sunlight are healthy.Truth and Sunlight are healthy. DSSBDSSB

Page 29: T he Right to Information Act 2005 Shailesh Gandhi

Mera Bharat Mahaan…Mera Bharat Mahaan…

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Mera Bharat Mahaan…Mera Bharat Mahaan… Nahi Hai, Nahi Hai,

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Mera Bharat Mahaan…Mera Bharat Mahaan… Nahi Hai, Nahi Hai,Per Yeh Dosh Mera Hai.Per Yeh Dosh Mera Hai.

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