Rti presentation may2013

It provides for setting up a structure whereby citizens can have access to information under the control of the Public Authorities.

To promote transparency and accountability of the people working in Public Authorities

General public can seek as much information as possible about any issue concerning public and in public interest.

Not providing record/ information attracts penalty, therefore, no one can resort to Official Secrets Act and keep the information secret on any pretext.

It leverages grievances redressal due to increased accountability.

The Act is like any fundamental right i.e., right to speech etc. and is a replacement of Freedom of Information Act, 2002 by which getting information was a freedom.

Right to get information such as Inspection of work, documents, recordsTaking notes, extracts or certified copies of documents or records.Taking certified samples of materials.Obtaining information in the form of diskettes, floppies, tapes, video-cassettes or any other electronic modes or through print where such information is stored in a computer.

Information is the records, e-mails, press releases, papers, opinions, documents, models, circulars, contracts, samples, advises, reports etc.

a. Any document, manuscript and fileb. Any microfilm, microfiche and facsimile

copy of a documentc. Any reproduction of image or images

embodied in such microfilm (whether enlarged or not); and

d. Any other material produced by a computer or any other device.

The Right to Information Act has a total of six chapters and two schedules.

The six Chapters have been further divided into various sections.

CHAPTER - I contains two sections, First section gives the definition, extent

and comment of the Act. The 2nd section gives definitions such as

that of Central Information Commission, Public Information Officer, Competent Authority etc.

CHAPTER – II has sections 3 to 11. Section 3 states that all citizens have the right to information. Section 4 (1), (2) (3) and (4) casts certain obligations on the authority such as :It calls for maintenance of all recordsIt also seeks to publish within 120 days seventeen types of information about the working of the organization like powers and duties of officers, decision, directory of officers, their details like remuneration, budget etc.Dissemination of information by Public Authorities.

Section 5 of Chapter – 2 calls for :Designation of officers within 100 day to act as Central / State PIO who will be required to dispose of applications received under the Act.PIO will be solely responsible for disposal of such requests.Section 6 states how a request can be made for obtaining information like it be made in writing, in electronic form or even verbally.No personal details are required to be given etc.

CHAPTER - II

Section 7 states How a Request can be disposed:

Within 30 daysAsk for money for copies. Where public authority fails it has to be given without money

Section 8 provides Exemption from disclosure of information in cases such where security of country is involved , cabinet papers etc. Section 9 gives grounds for rejection in access in certain cases, such as in case of infringement of copyright of a person etc. Section 10 details severability i.e. in cases where information is rejected on ground of being exempt from disclosure, then the part which is not exempted has to be provided. Section 11 is regarding third party information

CHAPTER - 2

CHAPTER – 3Section 12 places obligations on the Government like constitution of a Central Information Commission, their term of office etc. Section 13 gives term of office and conditions of Service of CIC etc. Section 14 gives removal of Information Commission etc.

CHAPTER – 4 It has sections from 15 to 17 which;

State about constitution of State Information Commission, their term, removal, appointments.

CHAPTER – 5 has sections from 18 to 20.

Provides for powers and functions of the Information Commission and provision of appeals As per this provision, any person, who does not receive information within the time specified in sub –section 1, may within 30 days from the expiry of such period, prefer an appeal to an Officer who is senior in rank to the CPIO or State PIO There is also a provision of second appeal within 90 days

In any appeal the onus to prove that denial of request was justified, remains on Central Public Information Officer or State PIO as the case may be.

Section 20 defines the penalties which can be imposed by the CIC.

There can be a penalty of Rs.250 per day for each day of delay subject to a maximum of Rs.25,000/-.

Disciplinary proceedings can also be started against concerned PIO.

Chapter 5

CHAPTER – 6 has sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31. Under these sections protection has been provided for action taken in good faith It also defines bar of jurisdiction of courtsOrganizations where the Act will not be applicableMonitoring and reporting of the Annual Performance by Central Information Commission.Dissemination of information by the Govt. for creating awareness of the ActPowers to make rules by appropriate Government and by Competent Authority , laying of the roles, powers, removal difficulties and repeal of Freedom of Information Act, 2005

All Public Sector Undertakings / Organizations have public interface and thus there is relevance of RTI on account of : Grievances which arise due to public interfaceAccountability as the public money is involvedDue to the public utility of projects/ schemes undertaken Due to internal H.R. Problems

The relevance can be at various stages, e.g.:At the stage of conceiving the scheme like certain people may like to know the conditions and quantum of benefits.Information regarding compensation which may be given in case of death. Low satisfaction of the people who get affected due to various issues in the scheme.General public may be concerned due to various societal issues involved.

The second stage of RTI can be when scheme starts actually functioning.

Concerning its utilization/ procedures Its effective delivery of services. Its rules and regulations & their

relevances.

Information which can be asked,

What is the package which has been given to the people insured [i.e. ascertaining quantum and parity of package with other agencies]The procedure of disbursement of the packageThe actual benefits which accrue to the beneficiaries Eligibility of the beneficiaries due to disputes within family.

Plan Issues

Questions like why the plan has a particular decision i.e. basis of decision of a particular planRationale of various clauses of Plan.What is the total liability of the person insuredWhat are his or her expectations.

RTI in Educational InstitutesThe RTI queries in Educational Institutes can be:Regarding admissionsMarking parametersMarking discrepancies Students Welfare FundsPromotions, appointments etc.

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