Top Banner

of 56

Bl Term Paper Ppt

Apr 03, 2018

Download

Documents

grooveit_adi
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • 7/29/2019 Bl Term Paper Ppt

    1/56

    FLOW CHART NO. 6

    Public

    Authority,Government

    Department

    Particulars

    Policies

    Decisions

    Notifications

    Administrative

    Decisions

    Orders

    Agreements

    Details about

    Development

    Works

    Officers, then-

    Salaries

    Particulars of

    PIOs or APIOs

    Subsidies

    Eligibilities for

    Govt. Schemes

    Programmes

    Regulations

    Rules of

    Working

    Budget

    Expenditure

    Distribution

    Procedure for

    Compensation

    Facilities for

    Citizen

    Decision making

    process

    Accountability

    Resolutions of

    Councils

    Committees,

    Conferences

  • 7/29/2019 Bl Term Paper Ppt

    2/56

    public authority

    means-

    any authority orbody orinstitution of self-

    government established or constituted-

    by or under the Constitution;

    by any otherlaw made by Parliament;

    by any otherlaw made by State Legislature;

    s.2 (h)

  • 7/29/2019 Bl Term Paper Ppt

    3/56

    public authoritymeans-

    any authority or body or institution of self-

    government established or constituted-

    (d) by notification issued ororder

    made by the appropriate Government,

    s.2 (h)

  • 7/29/2019 Bl Term Paper Ppt

    4/56

    and includes any-

    body owned, controlled or substantially financed;

    (ii) non-Government organisation substantially financed, directly or

    indirectly by funds provided by the appropriate Government;

    s.2 (h)

  • 7/29/2019 Bl Term Paper Ppt

    5/56

    information

    means-

    any material in any form,

    including

    records

    documents

    memos

    e-mails

    opinions

    advices

    press releasess.2(f)

  • 7/29/2019 Bl Term Paper Ppt

    6/56

    information

    means-

    circulars

    orders

    logbooks

    contracts reports

    papers

    samples

    Models data material held in any electronic form

    s.2(f)

  • 7/29/2019 Bl Term Paper Ppt

    7/56

    information

    means-

    information relating to any private body

    which can be accessed by a public

    authority

    under any other law for the time being in

    force;

    s.2(f)

  • 7/29/2019 Bl Term Paper Ppt

    8/56

    record

    includes-

    (a) any document, manuscript and file;

    (b) any microfilm, microfiche and facsimile copy

    of a document;

    s.2(i)

  • 7/29/2019 Bl Term Paper Ppt

    9/56

    recordincludes-

    (c) any reproduction of image or images embodied in

    such microfilm (whether enlarged or not)

    (d) any other material produced by a computeror any

    other device; s.2(i)

  • 7/29/2019 Bl Term Paper Ppt

    10/56

    right to information

    means-

    the right to

    informationaccessible under this

    Act

    which is held by or

    under the control

    of any public authority

  • 7/29/2019 Bl Term Paper Ppt

    11/56

    Obligations of public authorities -

    Every public authority shall

    maintain all its recordsduly catalogued and indexed

    in a manner and the form

    which facilitates

    the right to information under this Act

    s.4(1) (a)

  • 7/29/2019 Bl Term Paper Ppt

    12/56

    obligations of public authorities -

    and ensure that all records

    that are appropriate

    to be computerised are,

    within a reasonable time

    and subject to availability of resources, computerisedand

    connected through a networkall over the country on different systems

    so that access to such records is facilitated; s.4(1) (a)

  • 7/29/2019 Bl Term Paper Ppt

    13/56

    obligations of public authorities

    Every public authority shall

    publish within one hundred and twenty days from

    the enactment of this Act-

    (i) the particulars of its organisation,

    functions and

    duties

    s.4(1) (b)

  • 7/29/2019 Bl Term Paper Ppt

    14/56

    (ii) the powers

    and

    duties of

    its officers and

    employees

  • 7/29/2019 Bl Term Paper Ppt

    15/56

    (iii) the procedure followed

    in the decision making

    process,

    including channels of

    supervision

    and accountabilit

  • 7/29/2019 Bl Term Paper Ppt

    16/56

    (iv) the norms set by it for the discharge ofits

    functions

    (v) the rules,regulations,

    instructions,

    manuals and records,

    held by it or under its control

    or used by its employees

    for discharging its functions

  • 7/29/2019 Bl Term Paper Ppt

    17/56

    (vi) a statement of the categories

    of

    documents that are

    held by it or

    under its control

  • 7/29/2019 Bl Term Paper Ppt

    18/56

    (vii) the particulars of any arrangement that exists for

    consultation with, orrepresentation by, the members of

    the public in relation to the formulation of its policy or

    implementation thereof.

  • 7/29/2019 Bl Term Paper Ppt

    19/56

    (viii) a statement of the boards, councils, committees and

    other bodies consisting of two or more persons

    constituted as its part or for the purpose of its advice,

    and as to whethermeetings of those boards, councils,

    committees and other bodies are open to the public,

    or the minutes of such meetings are accessible for public.

  • 7/29/2019 Bl Term Paper Ppt

    20/56

    (ix) a directory of its officers and employees;

    (x) the monthly remuneration received by each of its

    officers and employees,

    including the system of compensation as provided in itsregulations.

  • 7/29/2019 Bl Term Paper Ppt

    21/56

    (xi) the budget allocated to each of itsagency,

    indicating the particulars of all plans,

    proposed expenditures and

    reports

    on disbursements made;

  • 7/29/2019 Bl Term Paper Ppt

    22/56

    (xii) the manner of execution ofsubsidy

    programmes,

    including the amounts allocated

    and the details ofbeneficiaries

    of such programmes;

  • 7/29/2019 Bl Term Paper Ppt

    23/56

    (xiii) particulars ofrecipients of concessions,

    permits orauthorisations granted by it;

    (xiv) details in respect of the information,

    available to or held by it,

    reduced in an electronic form;

  • 7/29/2019 Bl Term Paper Ppt

    24/56

    (xv) the particulars of facilities

    available to citizensfor obtaining information,

    including the working hours of a

    library

    orreading room,

    if maintained for public use;

  • 7/29/2019 Bl Term Paper Ppt

    25/56

    (xvi) the names, designations and other

    particulars

    of the Public Information Officers;

    (xvii) such other information as may be

    prescribed;

    and thereafterupdate these publications every

    year;

  • 7/29/2019 Bl Term Paper Ppt

    26/56

    Obligations of public authorities -

    every public authority shall

    publish all relevant facts while

    formulating important policies

    orannouncing the decisions

    which affect public.

    s.4(1)(c)

  • 7/29/2019 Bl Term Paper Ppt

    27/56

    Obligations of public authorities -

    every public authority shall

    provide reasons

    for its administrative

    orquasi-judicial

    decisions

    to affected persons.

    s.4(1)(d)

  • 7/29/2019 Bl Term Paper Ppt

    28/56

    It shall be a constant endeavor of every public authority to

    take steps in accordance with the requirements of

    s.4(1)(b) to provide as much information suo motu to thepublic

    at regular intervals

    through various means of communications, including

    internet, so that the public have minimum resort to the useof this Act to obtain information.

    s.4(2)

  • 7/29/2019 Bl Term Paper Ppt

    29/56

    every information shall be disseminated

    widely and in such form and manner

    which

    is easily accessible to the public.

    s.4(3)

  • 7/29/2019 Bl Term Paper Ppt

    30/56

    All materials shall be disseminated taking intoconsideration the cost effectiveness, local language and

    the most effective method of communication in that local

    area and the information should be easily accessible, to

    the extent possible in electronic format with the Central

    Public Information Officer or State Public Information

    Officer, as the case may be, available free or at such cost

    of the medium or the print cost price as may be prescribed.

    s.4(4)

  • 7/29/2019 Bl Term Paper Ppt

    31/56

    disseminated means

    making known or

    communicated the information to the public through

    notice boards, newspapers, public announcements,

    media broadcasts, the internet or any other means,

    including inspection of offices of any public authority.

    s.4

    FLOW CHART NO 7

  • 7/29/2019 Bl Term Paper Ppt

    32/56

    FLOW CHART NO. 7

    Decisions

    Resolution

    s

    Reports &

    Material asbasis Of

    Decisions

    No Material

    which notled to

    decisions

    No

    Debates

    File Notes

    Cabinet(Council of

    Ministers)

  • 7/29/2019 Bl Term Paper Ppt

    33/56

    Exemption from disclosure of information There shall be

    no obligation to give any citizen-

    information, disclosure of which would prejudicially affect

    the sovereignty and integrity of India,

    the security, strategic, scientific oreconomic interests of

    the State,

    relation with foreign State or

    lead to incitement of an offence. s.8 (1)(a)

  • 7/29/2019 Bl Term Paper Ppt

    34/56

    (b) information which has been expressly forbidden to be

    published by any court of law or tribunal or the disclosure

    of which may constitute contempt of court.

    (c) information, the disclosure of which would cause a

    breach of privilege of Parliament or the State Legislature.

  • 7/29/2019 Bl Term Paper Ppt

    35/56

    (d) information including commercial confidence, trade

    secrets orintellectual property, the disclosure of which

    would harm the competitive position of a third party, unless

    the competent authority is satisfied that larger publicinterest warrants the disclosure of such information;

    (e) information available to a person in his fiduciary

    relationship, unless the competent authority is satisfied

    that the larger public interest warrants the disclosure ofsuch information

  • 7/29/2019 Bl Term Paper Ppt

    36/56

    (f) information received in confidence from foreign

    Government.

    (g) information, the disclosure of which would endanger the

    life or physical safety of any person or identify the source

    of information or assistance given in confidence for lawenforcement or security purposes.

  • 7/29/2019 Bl Term Paper Ppt

    37/56

    (h) information which would impede the process of

    investigation or apprehension orprosecution of offenders;

  • 7/29/2019 Bl Term Paper Ppt

    38/56

    (i) cabinet papers including records of deliberations of the

    Council of Ministers, Secretaries and other officers:

    But the decisions of Council of Ministers, the reasons

    thereof, and the material on the basis of which the

    decisions were taken shall be made public after the

    decision has been taken, and the matter is complete, orover.

  • 7/29/2019 Bl Term Paper Ppt

    39/56

    (j) information which relates to personal information thedisclosure of which has no relationship to any public

    activity or interest, or which would cause unwarrantedinvasion of the privacy of the individual unless the PIO is

    satisfied that the larger public interest justifies thedisclosure of such information:

  • 7/29/2019 Bl Term Paper Ppt

    40/56

    The information which cannot be denied to the Parliament

    or a State Legislature shall not be denied to any person.

  • 7/29/2019 Bl Term Paper Ppt

    41/56

    Notwithstanding

    anything in the Official Secrets Act nor

    any of the exemptions permissible in accordance with s.8

    (1),

    a public authority may allow access to information, if

    public interest in disclosure outweighs the harm to theprotected interests.

    s.8(2)

  • 7/29/2019 Bl Term Paper Ppt

    42/56

    Subject to the provisions of clauses (a), (c) and (i) of

    s.8(1),any information relating to any occurrence, event or

    matter which has taken place, occurred or happened

    twenty years before the date on which any request is

    made shall be provided to the requester.

    The decision of the Central Government shall be final on

    questions as to the date from which the said period of

    twenty years has to be computed, subject to the usualappeals. s.8(3)

    FLOW CHART NO. 8

  • 7/29/2019 Bl Term Paper Ppt

    43/56

    Information about Allegation of Corruption

    With Info. Commissioners consent

    Information about violation of Human Rights

    with Info Commissioners consent

    Police

    Intelligence

    Security

    Departments

    Functions

    Duties

    All other

    Non-

    securities

    informatio

    n

    FLOW CHART NO. 9

  • 7/29/2019 Bl Term Paper Ppt

    44/56

    WHAT IS RIGHT TO INFORMATION

    (To receive information under custody of Public Authority)

    Section 2(f), (i), (j), 3

    Inspection ObtainingTaking

    Works Notes Discs, Tapes

    Extracts

    Records

    Documents Certified Copies

    Certified samples of

    material

    Floppies, Videos

    Prints out

  • 7/29/2019 Bl Term Paper Ppt

    45/56

    information

    means-any material in any form,

    including

    records documents

    memos

    e-mails

    opinions advices

    press releasess.2(f)

    information

  • 7/29/2019 Bl Term Paper Ppt

    46/56

    information

    means-

    circulars

    orders

    logbooks

    contracts

    reports

    papers

    samples

    Models

    data material held in any electronic form

    s.2(f)

  • 7/29/2019 Bl Term Paper Ppt

    47/56

    information

    means-

    information relating to any private body

    which can be accessed by a public

    authority

    under any other law for the time being in

    force;

    s.2(f)

  • 7/29/2019 Bl Term Paper Ppt

    48/56

    record

    includes-

    (a) any document, manuscript and file;

    (b) any microfilm, microfiche and facsimile copy

    of a document;

    s.2(i)

  • 7/29/2019 Bl Term Paper Ppt

    49/56

    record

    includes-

    (c) any reproduction of image or images embodied in

    such microfilm (whether enlarged or not)

    (d) any other material produced by a computeror any

    other device; s.2(i)

  • 7/29/2019 Bl Term Paper Ppt

    50/56

    right to information

    means-

    the right to

    information

    accessible under this

    Act

    which is held by or

    under the controlof any public authority

  • 7/29/2019 Bl Term Paper Ppt

    51/56

    right to information

    includes the right to-

    inspection of work,

    documents, records;

    taking notes, extracts or certified copies of documents

    or records;

    s.2(j)

    right to

  • 7/29/2019 Bl Term Paper Ppt

    52/56

    right to

    information

    includes the rightto-

    taking certified

    samples of material;

    s.2(j)

    i ht t i f ti

  • 7/29/2019 Bl Term Paper Ppt

    53/56

    right to information

    includes the right to-

    obtaining information

    in the form of

    diskettes,

    floppies,

    tapes, video cassettes orin any otherelectronic mode or

    through printouts

    where such information is stored in acomputer

    or in any other device;s.2(j)

    FLOW CHART NO. 10

  • 7/29/2019 Bl Term Paper Ppt

    54/56

    For

    Public Purpose20 YEARS OLD

    Subject to S. 8

    (a) (c) (i)

    INFORMATION

    CITIZEN

    Though

    Prohibited ByOfficial Secrets

    Act Sec 8(2)

  • 7/29/2019 Bl Term Paper Ppt

    55/56

    Notwithstanding

    anything in the Official Secrets Act nor

    any of the exemptions permissible in accordance with s.8(1),

    a public authority may allow access to information, if

    public interest in disclosure outweighs the harm to the

    protected interests.

    s.8(2)

  • 7/29/2019 Bl Term Paper Ppt

    56/56

    Subject to the provisions of clauses (a), (c) and (i) of

    s.8(1),any information relating to any occurrence, event or

    matter which has taken place, occurred or happened

    twenty years before the date on which any request is

    made shall be provided to the requester.

    The decision of the Central Government shall be final on

    questions as to the date from which the said period of

    twenty years has to be computed, subject to the usualappeals. s.8(3)