Right To Information (RTI)

A presentationA presentationonon

Right to Information Act, Right to Information Act, 20052005

When introducedWhen introduced

On 12 October, 2005On 12 October, 2005

Area of ExtensionArea of Extension

To the whole of India except the State To the whole of India except the State of of Jammu & KashmirJammu & Kashmir

Right to Information Act, 2005

Objectives of the RTI Act-Objectives of the RTI Act-

To empower citizen

To promote transparencyTo promote accountabilityContain corruption


What is information What is information

Records, documents, memos, e-mails, opinions, advices, press release, circulars, orders, logbooks, contracts, reports, papers, samples, models & all data held in any electronic form


Citizen’s rights- Citizen’s rights-

To seek information in a form in which it is maintained

Inspect work, documents and records

Take notes, extracts or certified copies

Take certified samples of material


Dos for the Public authorityDos for the Public authority Maintenance, updating and computerization of Maintenance, updating and computerization of

recordsrecords Suo motu disclosure preferably in public domainSuo motu disclosure preferably in public domain Publishing information pertaining to Section Publishing information pertaining to Section

4(1)(b) of the Act and regular updating of the 4(1)(b) of the Act and regular updating of the samesame

To designate SAPIO/SPIO/Appellate authorityTo designate SAPIO/SPIO/Appellate authority To organize educational programmeTo organize educational programme To organize trainingTo organize training Comply with the decision of State Information Comply with the decision of State Information

CommissionCommission


Salient featuresSalient features No reasons to be asked

Persons belonging to BPL category not to submit application fee or any cost for information but he/ she has to submit proof

Information deemed to be refused after lapse of prescribed period

No prescribed application format but should contain name and complete postal address of the applicant


Public authority-Public authority-

Not to create/interprete information

Not to furnish replies to hypothetical questions

Reshape the information

Not to “deduce” conclusion from the material and supply the “conclusion” to the applicant

Not to solve the problems raised by information seekers


Time period for supply of Time period for supply of informationinformation

If submitted to SPIO – 30 days from date of receipt

If life and liberty of a person is involved – 48 hours

If submitted to SAPIO - 35 days


Communication to the applicant Communication to the applicant should containshould contain

If application is rejected-If application is rejected- The reasons for rejectionThe reasons for rejection The particulars of appellate authorityThe particulars of appellate authority Time limit for filing appealTime limit for filing appeal

If additional fee is required-If additional fee is required- The details of cost with calculationThe details of cost with calculation Fact with regard to right of applicant to make Fact with regard to right of applicant to make

appeal against such additional feeappeal against such additional fee Particulars of appellate authorityParticulars of appellate authority


Intervening period to be Intervening period to be excludedexcluded

If applicant is asked to pay any additional If applicant is asked to pay any additional fee, the period intervening between the fee, the period intervening between the dispatch of intimation about such payment dispatch of intimation about such payment and actual payment by the applicant shall and actual payment by the applicant shall be excluded from the specified periodbe excluded from the specified period


Transfer of application/seeking Transfer of application/seeking assistanceassistance

To be done within 5 days if the information To be done within 5 days if the information pertains to the functioning of another public pertains to the functioning of another public authorityauthority

If assistance is sought by SPIO to another If assistance is sought by SPIO to another officer under the same public authority, the officer under the same public authority, the said officer will be deemed to be SPIO and said officer will be deemed to be SPIO and liable for contravention of the provisions of liable for contravention of the provisions of the Actthe Act


Supplying of information may be Supplying of information may be denied denied

If category of information belongs to section 8 & 9 of the RTI Act, 2005

b) 20 years have elapsed after occurrence of incident except in certain cases

Form in which information sought would disproportionately divert the resources of the Public authority

Cause harm to safety or preservation of records

a) But will be disclosed if public interest overweighs the harm of protected interest and


Whom to lie appeal withWhom to lie appeal with

First appeal – Before an Officer senior to the SPIO as notified

Second appeal – Before the State Information Commission


Appeal on what groundsAppeal on what grounds

a)First appeal –

If information not supplied by SPIO within specified period

Applicant not satisfied with information

b) Second Appeal – If 1st Appellate authority fails to pass

order within specified period

Appellant not satisfied with the order of 1st Appellate authority


Time period for filing appealsTime period for filing appeals

a) 1a) 1stst appeal- appeal- Within a period of 30 days from-Within a period of 30 days from- The date on which the time limit has expired forThe date on which the time limit has expired for

response from SPIOresponse from SPIO The date on which response of SPIO has been receivedThe date on which response of SPIO has been received

b) 2b) 2ndnd appeal- appeal- Within a period of 90 days from-Within a period of 90 days from- The date on which decision should have been made byThe date on which decision should have been made by

the 1the 1stst Appellate authority Appellate authority The date on which decision has been received by The date on which decision has been received by

appellantappellant


Supply of information to Supply of information to associationassociation

If application made by an If application made by an office-bearer/employee of any office-bearer/employee of any association/corporation/company/NGO etc. association/corporation/company/NGO etc. indicating the name and if he is a citizen of indicating the name and if he is a citizen of India, information to be providedIndia, information to be provided


Third party informationThird party information

Who is third partyWho is third party Any person other than the applicant and includes Any person other than the applicant and includes

a public authority other than the authority to a public authority other than the authority to whom information has been soughtwhom information has been sought


Procedure for providing Procedure for providing information relating to third partyinformation relating to third party

Within 5 days of receipt of application, SPIO to Within 5 days of receipt of application, SPIO to give written notice to the third partygive written notice to the third party

Within next 10 days, third party to make Within next 10 days, third party to make submissionsubmission

SPIO to take a decision within 40 days from SPIO to take a decision within 40 days from applicationapplication

SPIO to issue notice to third party if he wishes to SPIO to issue notice to third party if he wishes to provide informationprovide information

Appellate authority to be specified in the notice Appellate authority to be specified in the notice


Fees required to be paidFees required to be paid

a) Application fee- A court fee/NJ stamp a) Application fee- A court fee/NJ stamp paper/Demand draft/Banker’s paper/Demand draft/Banker’s cheque/Postal order of Rs. 10/-cheque/Postal order of Rs. 10/-

b) In case of electronic application, b) In case of electronic application, information to be provided only after information to be provided only after requisite application fee is depositedrequisite application fee is deposited


Additional fee for providing Additional fee for providing informationinformation

Rs. 2/- for each page of A3/A4 size paperRs. 2/- for each page of A3/A4 size paper Actual cost price for larger paperActual cost price for larger paper Rs. 5/- for each 15 minutes’ inspectionRs. 5/- for each 15 minutes’ inspection Rs. 50/- per diskette/FloppyRs. 50/- per diskette/Floppy


ComplaintsComplaints

May be filed to the State Information Commission if : Unable to submit application/appeal on grounds of refusal

SPIO/SAPIO/appellate authority not appointed

Access to information is refused

Not responded to within specified period

Fee considered unreasonable

Given incomplete, misleading or false information


Powers of State Information Powers of State Information CommissionCommission

May pass order to provide information

May require the Public authority to publish information

May order enhancement of provisions for training

May require to submit annual report

May order to compensate the complainant/appellant

May impose penalty on SPIO

May recommended disciplinary action against SPIO


T H A N K Y O UT H A N K Y O U


Right To Information (RTI)

Education