Basics of RTI

8/6/2019 Basics of RTI

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RTI ACT -2005


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Truth about theACTION must be known Truth about the INACTION must be known;

Truth about the PROHIBITED ACTION must be known

Bhagavadgita : Chap. 4


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ETHICS ? TRUTHE ?

TRANSPERANCY

ACCESSIBELITY


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An Act to provide for setting out the practicalregime of right to information for citizens tosecure access to information under the controlof public authorities ,in order to promote

transparency and accountability in the workingof public authority , the constitution of a CentralInformation Commission and State InformationCommission and for matters connected

therewith or incidental thereto .


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Objective of the Act


TransparencyTransparency AccessibilityAccessibility

Curbing corruptionCurbing corruption

GoodGood governancegovernance

AccountabilityAccountability


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To hold Governments and their

instrumentalities accountable to the

governed .

For furnishing certain information to

citizens who desire to have it .


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What is Information?

Information means any material in any formincluding records, documents, memos, e-mails, opinions, advices, press releases,

circulars, orders, logbooks, contracts, reports,papers, samples, models, data material held inany electronic form and information relating toany private body which can be accessed by a

public authority under any other law for thetime being in force -Section 2(f)


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What is Record?

Sec-2(i): Record includes:

Any document, manuscript and file,

Any microfilm and facsimile copy of document,

Any reproduction of image or images embodied in suchmicrofilm (whether enlarged or not), and

Any other material produced by a computer or anyother device.

Noting is part of file [CIC/OKA/2006/00154.Dt-2.01.07/Ministry of Rlys v/s Payere Lal (Full bench)]


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WHAT IS THE RIGHT OF INFORMATION ?

Sec(2)(j):

Right to access the Information held & controlled by Public

authority includes :

1. Inspection of work, documents, records;2. taking notes, extracts or certified copies of documents or records;

3. taking certified samples of material ;

4. Obtaining information in the form of diskettes , floppies, tapes

video cassettes or any other electronic mode or through printouts

where such information is stored in computer or any other device.


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Basic utility of information


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Who can ask for information ?

All citizens shall have the right to

information holds by public authority .

A citizen can ask for information on his

official capacity also .

Name and corresponding address is

sufficient .


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WHO IS PUBLIC AUTHORITY ?

Sec-2(h)Public authority:means any authority or body established /constituted :

1. by or under the Constitution (Executive ,Judiciary & Legislative);

2. by any other law made by Parliament;3. by any other law made by State legislature ;

4. by notification issued or order made by Govt. ;

and includes any:

(i) body owned, controlled or substantially financed;

(ii) non-Government organization substantially financed;directly or indirectly by funds provided by appropriate Govt.


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Obligation of Public Authority

Maintain all its records duly catalogued and

indexed .

Publish within 120 days from the enactment

of the law :

Particular of the organization , functions,duties

Norms set by it for the discharge of functions

Rules,regulations,instructions,mannual,records


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A statement of boards, councils , committees

A directory of officers and employees

The mothly remuneration received by officers,employees

The manner of execution of subsidiary program and

beneficiaries of such program

The particulars of facilities available for citizens forobtaining information ,if maintained for public use

Name , designation of public information officer


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Publish all relevant facts while formulating

important policies or announcing the decisions

which affect public Every information shall be disseminated widely

and in such form and manner which is easily

accessible to the public , taking into consideration

cost effectiveness , local language and effectivemethod of communication

lesson\Public Servant& public ppp.pps
http://lesson/Public%20Servant&%20public%20ppp.ppshttp://lesson/Public%20Servant&%20public%20ppp.pps


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How can a person get information ?

Make a request in writing or through

electronic means in Hindi/English/Local

Language Accompanying fees as applicable

Specifying particulars of information

sought by him or her , no reason required .

Submit to APIO/PIO


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FEE- STRUCTURE

RTI (Regulation ofFee& Cost) Rules-2005

Inspection of

document

= No fee 1st hour

Rs.5/hr. thereafter

Inspection of

document

= No fee 1st hour

Rs.5/hr. thereafter

CertifiedCopy of

Documents =

Rs.2 /copy

Certified

Copy of

Documents =

Rs.2 /copy

Certified

Samples of

material =

Actual Cost

Certified

Samples of

material =

Actual Cost

Information

(Electronic

Form) = Rs.50/

Diskette or

Floppy .

Information(Electronic

Form) = Rs.50/

Diskette or

Floppy .


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WHO WILL DEAL THE REQUEST?

APIO receives the information

forward it to PIO within 5 days

PIO should reply within 30 days from the original receiving date if the

information is available with him , otherwise transfer to Deemed PIO within 3 days .

Deemed PIO should give reply to PIO within 10 days .He can also send

the information directly .


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ToThePIO

------------

-----------

-

ToThe

PIO-----------

------------

-

APIO

IN

F

O

R

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AT

A

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I

O

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BP

L

WITH

FEE

CI

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I

ZE

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PIO

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TI-ISTM

-WS/PRDP/SEP

-OCT

R

E

Q

U

ES

T

Transfer

Seeking

3rd

party

Rejection

Add.Fee

NON

BPLSel

f

Sel

f

Hindi, English or Official language

Of area .

NO

FEE

Sec-7


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WHO WILL DEAL THE REQUEST?

For life and death matters , reply should be given within 48 hours .

In case of third party information , the PIO should made request to

the 3rd party within 5 days .

If the 3rd party do not submit his/her representation within 10 days ,PIO will proceed to decide the request for disclosure . Total 40

days


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APIO

DEEMED

PIOPIO

PIO

PIO ofOther PA.

1st

APPELATE+5days

Inf.30days 30

daysappeal

90

daysappeal

ORDER

30+15

days

Transfer+5 days

Inf.

30days

10days

3days

1) Deemed PIO can send the reply directly.2) For delay by deemed PIO, he himself will liable. *Reply within 48 hrs for life& death matters.


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TIME SHEDULE FOR 3rd party

INFORMATION

PIO

3rd

party

5

days*10

days*

C

IT

Z

EN

40 days*

If 3rd party does not submit his representation within 10

days, PIO will proceed to decide the request for disclosure.


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Qualification of PIO

RTI does not prescribe qualification & nos of

PIO/APIO.

CICs advice : PIO should be of Gazetted rank.

[Ref:Mrs. Parminder Kaur V/S Vigilence Department/ Chandigarh-

CIC/WB/C/2008/115/LS-Dt.09/04/09]


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DUTIES OF PIO

Receiving request

Seeking Scrutinizing Transferring

Making Decision

Personal info. 3rd party Info.

Compiling

Replying


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APPLICATION WITHOUT FEE

Sec-6 (1) : A person, who desires to obtain any information underthis Act, shall make a request .with such fee as may

be prescribed.

PIO should inform the applicant to deposit fee of Rs. 10/- (application fee), incase application is not accompanied by fee.

A.K. Tiwari V/s PESB CIC/OK/A/ 2005 /0002 dated 05-07-06).

Sec-7(5) proviso:..no such fee will be charged from the personresiding BPL.


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APPLICATION WITH EXCESS FEE

PIO can not reject the request on ground of un - appropriate fee.

It is required from the PIO to accept the application if excess feehave been deposited by the requester.

To reject the application as fee by bank draft of Rs. 50/- wassent instead of exact amount of Rs. 10/-, is not proper.

Dr. Rita Jay Shanker V/s ICAR- CIC/AT/ C/ 2006 /00052, dated 04-09-06.


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VOLUMINOUS QUERIES

(i) scale down his request for information and make it more limited, so that the informationcan be compiled easily by the respondents; or

(ii) to accept the offer of the respondents to visit the office for himself, go through therecords, and get photocopies of the documents ;or

(iii) pay the amount asked for by the Department .

K.R. Ram Kumar v/s S Railway /CIC/OK/A/2007/01430-30/04/ 2008.


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Voluminous queries

The Respondent submitted the information sought in the RTIrequest is voluminous and collecting the same willdisproportionately divert the resources of the Public Authority.

After hearing the submission from Respondents, the Commissionadvises the appellant toprioritize the issues to not more than 5 to 6questions.

[Mr.L.Arputharaj v/sSouthern Railway, Ponmalai -CIC/OK/A/ 2008/ 00906-AD -DatedJune 18, 2009, and also in

[Mr.C.P.Singh V/s W.RLY BHAWNAGAR CIC/OK/A/08/00831-AD-Dt.11.05.2009]


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REJECTION OF REQUEST BY

PIO? If the PIO rejects the request , the person should be

communicated :

Reasons for such rejection

The period within which an appeal against such rejection may bepreferred

Particulars of the Appellate Authority

REFUSAL TO RECEIVE.pdf
http://refusal%20to%20receive.pdf/http://refusal%20to%20receive.pdf/


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APPELATE AUTHORITY

If the applicant dont receive information from PIO within the specified time or

he is not satisfied with the information received , he/she can appeal to

1st Appellate Authority

senior to PIO in rank of the public authority

2nd Appellate Authority :

Central Information Commission (CIC)


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Qualification & Duties of 1st AA

Qualification of 1st AA :senior in rank to PIO.[Sec-19(1)]

*Senior in rank=In commanding position to PIO.

Duties:

To dispose of appeal within stipulated period.

To pass speaking order

To ensure compliance of order passed in appeal .

* 1st AA has not any penal power under act , but he can advise for DAR against PIO

for disobedience of order.

[*Ref:DoPT OM No-10/23/2007-IR,Dt.09.06.09] Compensation for harrasment.pdf
http://compensation%20for%20harrasment.pdf/http://compensation%20for%20harrasment.pdf/


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Appeal by PIO

CIC held : PIO is the information provider not the seeker of information.

There is no question of denial of information. There is no provision in the

RTI Act to consider such appeals or complaints made by the PIO ,against

the order of an appellate officer.

[K.K.Shrivastva v/s Chief Commissioner, Central Excise.No.06/IC(A)/ CIC/2006 - 3

March ,2006.


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Reasons to appeal CIC

APIO refused to accept request for forwarding to

PIO

Refused to access to any information under thisAct

No response within the specified time limit

Unreasonable fees as per the applicant

Incomplete , misleading , false information

promotion proceeding.pdf
http://promotin%20proceeding.pdf/http://promotin%20proceeding.pdf/


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Central Information Commission (CIC)

Central Govt Constitute CIC consisting of

Chief Information Commissioner

Central Information Commission , max 10 nos

All the commissioners appointed by the President on the recommendationof

Prime Minister

Opposition leader of Lok Sabha

A union cabinet minister nominated by PM

CIC.htm
http://cic.htm/http://cic.htm/


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Penalty imposed by CIC

Cause:

Refused to receive application

Not furnishing information in time

Malafidely denied the request

Incorrect , misleading ,incomplete information

Penalty over PIO : Rs 250 per day max up to 25000/

Compensation : to the applicant

Deemed PIO : liable for delay

Deemed pio penalty.pdf
http://deemed%20pio%20penalty.pdf/http://deemed%20pio%20penalty.pdf/


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Penalty to PIO or Deemed PIO ?

The Commission finds that several officers of Railway are involved

in causing a delay of over one hundred days. Therefore, the

Commission directs the Mr. Shriprakash, General Manager, Northern

Railway to conduct an enquiry to identify the erring officials, whocaused delay in supplying the information by 30.08.08.

[Shri R.K. Chaudhary.V/s N.Railway.CIC/OK/A/ 2007/00050/Dated:

31 July 2008]


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How to avoid penalty?

Information to be collected from many sources. Due diligence exercised to collect

and supply the information. Keep the applicant periodically informed and build air

of confidence about possibility of delay and give interim reply.

[Dr. A.S.D.Ray v/s Indian Bureau of Mines.-CIC/AT/A/2006/ 0073-Dt.04.07.06.]


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Penalty over 1st appellate

RTI Act is silent regarding penalty against 1st AA.

CIC approach :

A person had requested for information from PIO ECR relating to selection of AEN(Gr.B).

PIO informed that process of finalization of result is going on hence it could not bedisclosed.

AA informed that information fell under section -8 of RTI Act and was confidentialhence could not be supplied.

CIC-ORDER: During hearing it came to notice that result was already finalized beforeapplication. Without specifying the reason blatantly refusing the request shows the

callous attitude of AA. The AA is directed to pay the compensation of Rs 5,000 u/s 19(8)(b).

CIC/OK/A/2008/00015/DT.15.05.07 .

Penalty over Ist appelate Exam _ marks.pdf
http://penalty%20over%20ist%20appelate%20exam%20_%20marks.pdf/http://penalty%20over%20ist%20appelate%20exam%20_%20marks.pdf/


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1st AA : How to avoid penalty

Basic principles :

Confined to his decision over the queries.

Adherence to time limit ,and

Unbiased attitude.


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Exemptions under RTI Act-2005

Sec -8(1): Grounds for Exemption:

A) Affecting national security, relation with foreign state orinciting crime.

B) Contempt of Court,

C) Parliamentary Privileges ,

D) Trade secret,

E) Foreign governments information,

F) Relating to source of information,

G) Impeding investigation/prosecution.

H) Cabinet papers before final decision,

I) Personal information,

J) Copy right.(sec-9)


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Exempted Organizations( Schedule-II)

1. Intelligence Bureau. 2. Research and Analysis Wing of the Cabinet Secretariat. 3. Directorate of Revenue Intelligence.

4. Central Economic Intelligence Bureau. 5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre.

8. Special Frontier Force. 9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau 16. Director General Income Tax( Investigation),

17. National Technical Research Organization, 18. Financial Intelligence Unit of India.

19. DRDO.

20.National Security Council Secrtariat..

Note : But matters related to Human right violation & Corruption are not exempted.


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Copy of acrQs.- Whether copy of own ACR can be supplied under RTI ?

CIC :The Honble Apex Court has stated that the communication of the entries to

a public servant must enable him to make a representation against the entry to theconcerned authority. Mere communication of an assigned grade will naturally not

enable him to exercise his right of making a representation in an effective manner.

So in view of the Supreme Court decision in Dev Dutt vs. Union of India & Ors.

[(2008)8 SCC 725], and Full Bench decision of CIC dt.19.02.09, Commission

directs the CPIO to provide certified copies of ACRs . [Mr.K.C.Jain v/s NWR, Ajmer- CIC/OK/A/08/00772-AD-Dt. 12.05.2009]

Certified copy of ACR.pdf
http://certified%20copy%20of%20acr.pdf/http://certified%20copy%20of%20acr.pdf/


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ACR:NOW NO SECRECYGovernment of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

No. 21011/1/2005-Estt (A) (Pt-II) New Delhi, 14thMay, 2009

Subject:- Maintenance and preparation of Annual Performance Appraisal Reports

communication of all entries for fairness and transparency in public

administration.

(i) The existing nomenclature of the Annual Confidential Report will be modified as Annual

Performance Assessment Report (APAR).

(ii) The full APAR including the overall grade and assessment of integrity shall be

communicated to the concerned officer after the Report is complete with the remarks of the

Reviewing Officer and the Accepting Authority wherever such system is in vogue.

(iii) The new system of communicating the entries in the APAR shall be made applicableprospectively only with effect from the reporting period 2008-09 which is to be initiated after

1st April 2009.

E


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REPORT- CARD

Railways(90/%),Ministry of Enviorment(70%) are top two good

compliers.

Delhi police is at bottom in compliance.

Amongst states, Meghalaya is at top while Delhi & Rajsthan at

bottom in compliance.

In state ,about 50% have no copy of RTI Act-20005,37% have not

undergone any training & 27% pleaded unfamiliarity with the Act.


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The real Swaraj will come not by the

acquisition of authority by a few but by

the acquisition of capacity by all to resistauthority when abused .

-Mahatma Gandhi

lesson\The window.pps
http://lesson/The%20window.ppshttp://lesson/The%20window.pps


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CASE NO : CIC/OP/C/2009/000152

Applicant : Shri Arup Chatterjee

Public Authority : Railways


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Is it compulsory for a Railway staff to receive salary payment through cheque

The encashment of a cheque is a long process .Moreover there is too much

rush in the first ten days of every month due to pensioners in all bank . In such

situation how sanctity of the establishment rule is going to be kept

How railway is going to influence non payment of salary within due time due

to technical failure or strike in bank ?

Bank prefers to do business in multiple of hundred rupees . In such case how

railway is going to enable its staff to take full payment ?

What should I do to have my payments in cash from workshop cash office ?


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Thank you