Upload
varun-arya
View
110
Download
0
Tags:
Embed Size (px)
Citation preview
RIGHT TO INFORMATION ACT
Presented By:Varun Arya
INTRODUCTION
The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002. The Act applies to all States and Union Territories of India except the State of jammu and kashmir. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.
RIGHT TO INFORMATION MEANS:
• Right to seek Information
• Right to obtain Information
• Right to inspect information
•To get Certified copies/ Samples• To get Third party information also
NEED FOR RTI ACTPromotes openness, transparency and accountability in the working of every public authority
Reduce Corruption
Prevent administrative arbitrariness
Bridge the gap between providers recipient of public services
Make citizen part of decision making
Make administrative responsive
Strengthen the foundation of democracy
RTI IN VARIOUS COUNTRIESSweden (1766) Freedom of Press Act
India is the 48th Country to implement RTI
USA (1966) Freedom of Information Act
UK (2000) Freedom of Information Act
South Africa (2000) Promotion of Access to Info Act
New Zealand (1982) Official Information Act
Finland (1951) Openness to Public documents
RTI in constitution of Countries like France, Brazil, Mexico, Columbia etc.
More than 90 countries are having act on RTI
DEFINITION OF RIGHT TO INFORMATION [SECTION 2(J)]
Right to information accessible under the Right To Information
Act which is held by or under the control of any public authority
and includes the right to•Inspection of work, documents, records•Taking notes, extracts or certified copies of documents of records;•Taking certified samples of material;•Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
RTI FEE
₹10.00 in Urban Area
₹ 5.00 in Rural Area
If information on CD : ₹ 50.00
If information on DVD : ₹ 100.00
To Inspect Document : Up to 1 hour free later on 15 Rupees per hour.
APPLICATION PROCEDURE FOR REQUESTING INFORMATION SECTION 6(1)Apply in writing or through electronic mode
It maybe in English or Hindi or in the official language of the area , To the PIO(Public Information Officer),specifying the particulars of the information required for.
Reason for seeking information are not required to be given;
No personal details are to be attached except the contact details.
Pay fees as maybe prescribed(if not belonging to the below poverty line category).
HOW TO WRITE AND SEND AN APPLICATION?
On plain paper
•Use white sheet of paper to write an application. No restriction on number of pages.
Typed or Hand Written
•No compulsion to type the matter but it should be readable.
No limit on questions
•There are no restrictions on number of questions that can be asked in one application . However it is advisable to ask limited number of questions.
HOW TO WRITE AND SEND AN APPLICATION?
TESTED METHODS OF SENDING
• Personally ,By hand–copy of the application/proof of payment is duly stamped , signed and stamped by the PIO or inward department•Registered post•Speed post
DISPOSAL OF AN APPLICATION-TIME LIMIT (7(1))
Authority
Public Information officer
Assistant Public Information officer
PIO transfers to another public authority(Authority better concerned)
If related to Human Rights violation in Security agencies
If life or liberty of a person is involved
THIRD PARTY
APPEAL : FIRST APPEALYou can make an appeal to the Appellate Authority if:
(a) You are aggrieved by the decision made;(b) If no decision was made within the proper time
limits;(c) You are a third party consulted during the
application process, and you are unhappy with the decision made by the PIO .
You need to send your appeal to the Appellate Authority within 30 days from the date on which you
received the decision from the PIO.
SECOND APPEAL
A second appeal against a decision of an Appellate Authority to the Information Commission must be made within 90 days from the date on which the decision was actually received . Further, if third party is involved, he/ she should get opportunity to be heard.
COMPLAINT
EXEMPTION FROM DISCLOSE
UNDER RTISovereignty and Integrity of the Nation.
Security of the state.
18 institute (CBI, RAW, etc)
Right to privacy.
Trade secret/ Commercial info./ Seal Tender info. Etc.
Protection of copyright.
GROUNDS FOR REJECTION
PENALTY -SEC 20 (1)
Penalty of Rs.250 per day –total amount not exceeding Rs.25,000/-
Opportunity to be given to CPIO before imposition of Penalty.
CIC can also recommend disciplinary action against CPIO.
HOW DOES RTI ANONYMOUS WORKS
EFFECTS OF RTI ACT
SUCCESS STORY OF RTI
Pollution Factory Shutdown
•Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was running illegal plastic factory.•In December 2002, he filed complaint with the deputy commissioner of police and forwarded a copy to SDM(Sub Divisional Magistrate). He visited SDM’s office at least five times between February and August 2003.•Then he filed an application under RTI act, wanting to know what was happening to his complaint.
SUCCESS STORY OF RTI
Pollution Factory Shutdown(contd)
•On September 1, he received a reply, they had forwarded his complaint to Delhi Pollution Control Committee but no reply had been received and on September 3, he filed a RTI application at DPCC.•Kapil Jain got a copy of DPCC’s letter and surprised, they replied they had already sent an inspection report of the unit.•He himself approached the SDM with copy of DPCC and next day the factory was sealed.
THANK YOU