Right to Information Act & NGO

8/6/2019 Right to Information Act & NGO

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` The Right to Information Act 2005 is a law enacted by the parliament of

India giving citizens of India access to records of the Central and State

Government

` This law was passed by the Parliament on 15 June 2005and came into force

on 13 October 2005` It is an initiative taken by Department of Personnel and Training, Ministry

of Personnel, Public Grievances and Pensions

` The Act applies to all States and Union Territories of India, except the State

of Jammu and Kashmir - which is covered under a State-level law to

provide a± RTI



` Disclosure of Government Information in India is governed by a law

enacted during the British rule over large parts of what is now India, the

Official Secrets Act of 1889 which was amended in 1923.

` This law secures information related to security of the State, sovereignty of

the country and friendly relations with foreign states, and contains provisions which prohibit disclosure of non-classified information. Civil

Service conduct rules and the Indian Evidence Act impose further

restrictions on government officials' powers to disclose information to the

public.



` Passage of a national level law, however, proved to be a difficult task.

Given the experience of state governments in passing practicable

legislation, the Central Government appointed a working group under H.

D. Shourie and assigned it the task of drafting legislation

` The Shourie draft, in an extremely diluted form, was the basis for the

Freedom of Information Bill, 2000 which eventually became law under the

Freedom of Information Act, 2002.



a) Request any information

b) Take copies of documents

c) Inspect documents ,works and records

d) Take certified samples of materials of work e) Obtain information in form of printouts ,floppies tapes etc



` Under the act all authorities covered must appoint their public

Information officer (PIO)

` Person must submit the request in writing

` It is the duty of the PIO to provide information to the citizens

on their request

` The citizen making a request is not obliged to disclose any of

his information except his name and contact particulars

` If the request has been made to the PIO the reply is to be given

within 30 days of receipt

` If the request has been made to an APIO the reply is to be

given within 35 days of the receipt



` In terms of the sections 2(f) of the act information

has been defined as any material in any form

including records ,documents ,memos, emails,

logbooks, contracts, reports etc which can beaccessed by a public authority under any other

law for the time being in force



` The following is exempt from disclosure [S.8)]1. information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead toincitement of an offence

2.

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

3. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature

4. information including commercial confidence, trade secrets or intellectualproperty, the disclosure of which would harm the competitive position of athird party, unless the competent authority is satisfied that larger publicinterest warrants the disclosure of such information

5. information available to a person in his fiduciary relationship, unless thecompetent authority is satisfied that the larger public interest warrants thedisclosure of such information



` information received in confidence from foreign Government;

` 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 law enforcement or security purposes

`

information which would impede the process of investigation or apprehension or prosecution of offenders

` cabinet papers including records of deliberations of the Council of

Ministers, Secretaries and other officers

` information which relates to personal information the disclosure of which

has no relationship to any public activity or interest, or which would cause

unwarranted invasion of the privacy of the individual (but it is also

provided that the information which cannot be denied to the Parliament or

a State Legislature shall not be denied by this exemption);





` A non-governmental organization (NGO) is a legally constitutedorganization created by natural or legal persons that operates independentlyfrom any government and a term usually used by governments to refer to

entities that have no government status.` In the cases in which NGOs are funded totally or partially by governments,

the NGO maintains its non-governmental status by excluding governmentrepresentatives from membership in the organization.

` The number of internationally operating NGOs is estimated at 40,000 National numbers are even higher: Russia has 277,000 NGOs India isestimated to have around 3.3 million NGOs

` NGOs are defined by the World Bank as "private organizations that pursueactivities to relieve suffering, promote the interests of the poor, protect theenvironment, provide basic social services, or undertake communitydevelopment



` NGO type by orientation:

1. Charitable orientation

2. Service orientation

3. Participatory orientation4. Empowering orientation

` NGO type by level of co-operation

1. Community- Based Organization

2.

City Wide Organization3. National NGOs

4. International NGOs



` Support democratic system

` Function on no profit basis

` Non political in character

` Clearly defined objectives

` Limited external control

` Voluntary character (registered under societiesregistration act 1860)

` Positive contribution

` Need financial support` Interest in long term projects

` Wide operational area



` Create awareness

` Protect human rights

` Encourage rehabilitation

` Gainful employment` Combat man made crisis

` Protect environment

Right to Information Act & NGO

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