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Transcript of Maharashtra Right to Information (MRTI) Act, 2002 zwas notified on zAugust 11, 2003 zwith...
Maharashtra Right to Information(MRTI) Act, 2002
was notified on August 11, 2003
with retrospective effect from September 23, 2002 to save actions initiated under the erstwhile short-lived Maharashtra Right to Information Ordinance, 2002
The use has been encouraging
There have been hiccups
Information hasn’t been easily forthcoming
Yet, MRTI has been used by a large number of citizens in just one year
Are we in Maharashtra alone to have this privilege?
Nine states, including J&K and Assam already have their Acts on RTI
Central Government will enforce one soon
More than 50 countries have enacted by now.
Are we the pioneers in India?
TamilnaduGoaDelhiRajasthan
enacted their laws on right to information before we did
Yet, Maharashtra stands out
Maharashtra’s Act has been used widely by all sections of the society in all regions
Thanks toShri Anna Hazare’s
anchorage andcivil society’s initiatives
But there hasn’t been free flow of information
It will take some time for the conditioned mindset of the bureaucracy to change
Let us keep trying
How do I ensure, I am the lucky one to get the information?
Strictly follow the provisions of the Act
Be precise in your query
Can you elaborate?
Demand information in the prescribed format
Do not be vague in your requisition
Do not ask voluminous information
Where do I get a copy of the Act and the Rules?
Check with the Government Book Depot
Download from the web site http://geocities.com/mahadhikar
Whom can the information be demanded from?
Offices of theGovernment,Public Bodies like corporations,
boards, authorities,Registered cooperative societies,
public trusts and some private bodies [Sec 2(6)]
Section 2 (6): " public authority " means any authority or body
established or constituted by any Central or State law and includes any other body owned and controlled by the State or which receives any aid directly or indirectly by the Government and shall include the bodies whose composition and administration are predominantly controlled by the Government or the functions of such body are of public nature or interest or on which office bearers are appointed by the Government.
Explanation - For the purposes of this clause the expression "aid" shall include Government aid in the form of Government land at concessional rates or any other monetary concessions like exemption from tax, etc., by Government as specified by Government, from time to time;
Which information can be demanded?
You can demand information like...Copy of a document, including a
copy of a contract awardedCompilation of information from
various documentsStatus of a matter
Which information can be demanded?
For example, You can ask for the status of your
case pending with an officeYou can also demand to know the
name and designation of the officer responsible for delay and what action is initiated against him/her
Which information can be demanded?
Remember that an officer holds a public office and functions under a law framed by your elected representatives
you have a fundamental right to know what action the official has taken on your behalf
Which information can be demanded?
For example, you can demand a copy of a building permission granted to any third party by the civic body
This has been affirmed by the Hon Lokayukta, in his rulings given in the additional capacity as the second appellate authority under this Act
Which information can be demanded?
The Supreme Court has upheld your right to demand information from the government and public bodies as your fundamental right
You can demand any information, subject, of course, to some exclusions
Then, which information cannot be demanded?
Broadly speaking,that affecting the Nation’s sovereignty,
integrity, security;which has been forbidden to be published
by any court of law or tribunal; Information held in commercial
confidence, trade secrets or intellectual property;
Then, which information cannot be demanded?
confidential report of in the service record ;information, disclosure of which would
endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes (protecting a whistle blower);
information that would impede the process of investigation;
Then, which information cannot be demanded?
information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Competent Authority is satisfied that the larger public interest justifies the disclosure of such information;
Please note that ...
The last provision: ``information which relates to personal information…etc’’ is being misinterpreted by the bureaucracy in denying information
The Hon Lokayukta has ruled that a permission/exemption etc granted by an official under a statute in force is not `personal information’. You can demand a copy of any such document
Please note that ...
The exclusion that ``service record’’ of a person cannot be disclosed, means that only confidential report (CR) cannot be disclosed. You can of course demand compilation of an officer’s transfers during a certain period, or information on inquiries/prosecutions against him/her under the law of the land
You may also be denied information
if it is voluminous… involves ``disproportionate diversion of the resources of a public authority ‘’
Do not, therefore, ask for bulk information. Preferably confine to a specific issue and a limited period.
How to requisition information
Apply on a plain paper in a prescribed format
Format given in the Rules (Annexture A)Affix adhesive court fee stamp of Rs 10Post the application or submit in person
Application format
To The Public Information Officer,(Name of the office with address)
(1) Full name of the applicant(2) Address
(more on next slide)
Application format (cont)
(3) Particulars of information required, - (i) Subject matter of information:(ii) The period to which the information
relates:(iii) Description of the information
required:
(more on next slide)
Application format (cont)
(iv) Whether information is required by post or in person:
(The actual postal charges shall be included in additional fees):
(v) In case by post (Ordinary, Registered or Speed):
(vi) Purpose for which the information is required:
Please remember that
The purpose cannot be legally asked for. It is, after all, your fundamental right
Say that you are exercising your fundamental right in demanding the information
What if the PIO has not been designated?
This is a common malady even after one year of enactment
Address the application to ``The PIO’’ and give his office address
Put the application in a cover and address the cover to the head of the administrative unit
What if the PIO has not been designated?
This will ensure that your cover is received by the head of the establishment and the application is forwarded to the PIO
If the head of the establishment says that a PIO has not been designated in the office, he/she is guilty of having violated the Act
What if the PIO has not been designated?
Send a complaint to the Chairman, Divisional Monitoring
Council of the Maharashtra Right to Information (MRTI) Act
in the office of the Divisional Commissioner
What if the PIO has not been designated?
You may also send a copy to the Secretary, State Monitoring Council on
Maharashtra Right to Information ActGeneral Administration DepartmentMantralaya Mumbai 400 032
What if the PIO has not been designated?
Also inform any member of the divisional/state monitoring council
and/ora Right to Information activist
you may be aware of
What next after the requisition has been submitted?
In 15 working days from the receipt
The Public Information Officer has to either furnish the information or write back denying you the information
The PIO may in ``suitable cases’’ within these 15 working days, seek an extension of additional 15 working days and explain why is the extension being sought
What next after the requisition has been submitted?
Before furnishing you the information the PIO has to tell you the cost of information strictly as per the prescribed rules
and the postal charges, if you have opted to receive the information by post
What next after the requisition has been submitted?
Once you have remitted the amount by money order or deposited it in cash with the PIO, the latter will pass on the desired documents to you
What is the prescribed cost?
When the concerned department has already fixed the price of some documents, map, etc.: the price so fixed+Postage charges (unless collected personally).
When the information is readily available either by xeroxing, copying or by other way (copy): 0.50 Paisa per page + Postage charges (unless collected personally).
If the information is not readily available and needs to be collected: Rs. 2 Per page + Postage charges (unless collected personally).
A terse dismissal is no longer on
While denying the information demanded
the PIO has to quote the reason with the relevant section
and give the name and address of the appellate authority with whom you can file your first appeal
Snap decision to protect your life and liberty
Whenever and wherever the information applied for, involves the life and liberty of a person, such information has to be, subject to the exclusions, supplied within twenty-four hours of the receipt of the requisition
Which languages to use?
Formats are in Marathi and EnglishYou may prefer anyYou will, however, get the
information `in the language and in the form in which it is maintained…’’
What is the guarantee that the PIO will respond?
Valid question.
Many PIOs have not been responding or have been giving incomplete or misleading information
What is the guarantee that the PIO will respond?
The Act provides that the PIO will be liable to pay a fine at a rate of Rs 250 for each day’s delay in furnishing the information
or pay a fine up to Rs 2,000 and also face disciplinary action if the information given is incomplete, misleading or false
What is the guarantee that the PIO will respond?
For this, you have to file an appeal with the officer designated as the Appellate Authority within 30 days of receiving incomplete or misleading information or within 30 days from the period during which the PIO was supposed to have given you the information
The process of appealing
The prescribed format for filing an appeal is available in the Rules
File the appeal in the format on a plain paper
Affix an adhesive court fee stamp of Rs 20
The process of appealing
The problem is, you may not know who is the
appellate authority and the PIO may have failed to give you the details
The process of appealing
Find out from the head of the establishment, who has been designated as the appellate authority
Complain to the Divisional and State Monitoring Councils
Alert any Right to Information activist you may be aware of
The process of appealing
The appellate authority (AA) has to dispose off the appeal within 30 days
It is mandatory for the AA to impose penalty on a defaulting PIO
The period can be extended by additional 30 days in exceptional cases, but the AA has to inform you the reason with the first spell of 30 days
The process of appealing
The experience, however, has been that most AA’s have not been penalising defaulting PIOs & not even disposing off appeals within the prescribed period
The process of appealing
On July 6, 2004, the state Chief Secretary issued a stern warning to the appellate authorities that action would be taken against them if they do not dispose off the appeals within the stipulated time and penalise defaulting PIOs
The process of appealing
If you feel aggrieved by the decision of the appellate authority, or if the AA does not decide your appeal within the period prescribed for disposal you can file a second appeal within 30 days with the Hon Lokayukta
The process of appealing
The Hon Lokayukta has been prompt in deciding second appeals
Please note that the Lokayukta functions here under the MRTI Act and therefore has the powers to direct mandatory compliance of his orders
The process of appealing
The Secretary to the Government of Maharashtra in the General Administration Department, in-charge of MRTI, on June 22, 2004 directed all AAs and PIOs to strictly abide by the Hon Lokayukta’s orders
Not a smooth ride
Despite all these provisions, frankly, it may not be a smooth ride when you demand information under this act
You may face many hurdles
Why not a smooth ride?
Other laws empower the bureaucracy to watch your acts of commission and omission
This one empowers you to watch the acts of commissions and omissions of the bureaucracy
Why not a smooth ride?
Enforcement of this legislation is vested in the same bureaucracy whose acts are being watched and
which has not used to respect transparency and accountability
Yet, it is not hopeless either
Despite this, as stated at the outset, many citizens have been able to overcome hurdles and reach their goal
Yet. it is not hopeless either
Thanks to the tireless efforts of Shri Anna Hazare and the support he is getting from the civil society things appear to be changing for the better
Yet, it is not hopeless either
Yeshwantrao Chavan Academy of Development Administration (YASHADA) has been training and sensitising officers throughout the state
Yet, it is not hopeless either
The mindset is gradually changing as a result of these efforts
The bureaucracy is getting receptive
We must carry on
Whatever the case, we must insist on transparency and accountability in public administration
We must know if the bureaucracy itself has been abiding by the rule of law
We must carry on
This will ensure good governance and curb corruption
We owe this to the next generation
We shall carry on
Wishing you all the best
- Prakash Kardaley
[email protected] http://
in.groups.yahoo.com/group/mahadhikar/