SALIENT FEATURES OF RIGHT TO INFORMATION ACT

SALIENT FEATURES OF

RIGHT TO INFORMATION

ACT

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Capacity Building for Public Access to Information

R.K.CHOUBISA B.A.(Hons), M.A., M.Phil.

Associate Professor [Public Administration]

HCM Rajasthan State Institute of Public Administration, Jaipur-3020 17

e-mail: [email protected]: 9414168624

Demand for Governance

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The Convention on the Elimination of All Forms of Discrimination againstWomen (CEDAW),

BACKGROUND

• Promote Transparency of Information

• Promote openness in administration

• Promote Accountability in the working of every

public authority

• Democracy requires an informed citizen

• Preservation of confidentiality of sensitive

information.

RTI IN INDIA-A Revolutionary Step

Removing the veil of secrecy.

Promote Transparency of Information.

Promote openness in Administration.

Promote Accountability in the working of every public authority.

Democracy requires an informed citizen.

Empowerment of Citizenery.

Preservation of confidentiality of sensitive information.

Deeply rooted in Article 19(1).

Building capacity of government officials as information providers,

citizens as information seekers

Administrative Accountability

Executive

Judiciary

Legislature

Government

Political Leadership

Bureaucratic Leadership

Citizen

RTI ACT 2005: FACT SHEETThe Right to Information Act, 2005 –• Issued by Ministry of Law and Justice

(Legislative Department)• Act of Parliament –Introduced in the Lok

Sabha on 23 December 2004, passed on 11 May 2005 by LS and 12 May 2005 by RS.

• President Assent : 15 June 2005• Published in the Gazette of India

Extraordinary Part II New Delhi Tuesday 21 June 2005

Preamble

• To secure access to information under the control of public authorities;

• To promote transparency and accountability in the working of every public authority;

• To constitute a Central Information Commission and State Information Commissions;

• Chapter I Preliminary 2 sections

• Chapter II Right to Information and obligations of public Authorities Sections 3 to 11

• Chapter III The Central Information Commission Section 12 to 14

• Chapter IV The State Information Commission Section 15 to 17

• Chapter V Powers and functions to the Information Commissions, Appeals and Penalties Section 18 to 20

• Chapter VI Miscellaneous Section 21 to 31

STRUCTURE

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EFFETCS:

Immediate Effect: • Obligations of Public Authorities Section 4(1)• Designation of PIOs and APIOs Sec.5 (1) & (2)• Constitution of CIC and SIC Section 15 & 16• Non applicability of the Act to Intelligence and

Security Organisations Section 24• Power to make rules to carry out the

provisions of the Act by the Appropriate Government and the Competent Authority Section 27 and 28

• Remaining provisions- 120th day of its enactment (12 June 2005- 12 October 2005)

Salient Features

• A citizen has a right to seek information from a Public Authority which is held by the Public Authority or which is held under its control.

• The right to seek information from a Public authority is not absolute. Section 8 and 9 enumerate the categories of information which are exempt from disclosure.

Salient Features

• Public authorities to designate Public Information Authorities and Assistant Public Information Officers within 100 days of the enactment.

• Application for seeking information is to be made to an officer of the Public Authority who is State Public Information Officer. He is responsible to deal with requests of information/assist persons seeking information.

Salient Features

• The Act makes it obligatory for every Public Authority to make suo-motu disclosure in respect of the particulars of its Organization, functions, duties etc. as provided in section 4 of the Act.

• Transfer of a request by a Public authority to another public authority wherein the subject matter/information is held by the latter.

Salient Features

• A Citizen should make an Application to the State Public Information Officer in writing in English or Hindi or in the official language of the area in which application is made.

• The Application is to accompany a Demand Draft/Banker Cheque/Indian Postal Order of Rs. 10 payable to the Accounts Officer of public authority as fee prescribed.

Salient Features

• No prescribed form of application for seeking information. It can be made on plain paper with Name and complete postal address of the applicant.

• The information seeker is not required to give reasons for seeking information.

• Time limit-30 days/48 Hours/45 Days

Salient Features

• If an application is not supplied information within the prescribed time or not satisfied with the information provided, he may prefer an appeal to the first Appellate Authority who is an officer senior in rank to the Public Information Officer.

• No fees for making an Appeal

Salient Features

• Creation of an independent non judicial machinery State Information Commission to decide 2nd stage appeals.

• Legal framework of exercise of powers by Commission defined in the Act.

• Two tier appellate Forum: 1. Appeal to departmental officer senior to the PIO, 2. To the Commission.

Salient Features

• If Appellant Authority fails to pass an order on the appeal with in the prescribed period, if the appellant is not satisfied with the order of the First Appeal Authority, he may prefer a Second Appeal with the State Information Commission within 90 days from the date on which the decision should have been made by the First Appellant Authority or was actually received by the Appellant.

Salient Features

• Provision of Complaint if the Public Information Officer fails to satisfy or it is a case of refusal access to any information requested under the Act or it is a case of over charging etc. The complaint can be made to the State Information Commission.

• The Commission decides the appeals and conveys its decision to the Appellant/ Complainant and First Appellant Authority.