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THE RIGHT TO INFORMATION (RTI) ACT

2005

Some say it is a “Tool”..

Some say it is a “Weapon”..

But actually it is an…..

The Right to Information Act 2005

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The RTI Act 2005: Why-n-What

An Act to provide for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

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The RTI Act 2005: When-n-Where

This Act may be called the Right to Information Act, 2005.

The RTI act 2005 was enacted by permission and authority of His Excellency, President of India. This act was enacted by the Parliament on 15.06.2005 and notified in the Gazette of India dated 21.06.2005.It extends to the whole of India except the State of Jammu and Kashmir.

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The RTI Act 2005: Who

Who can exercise his / her right under The RTI Act 2005?

The answer is:

Subject to the provisions of this Act, all citizens shall have the right to information.

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The RTI Act 2005: Definitions

What is Information?

Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

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The RTI Act 2005: HowHow To Request Information?

A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to public authority by providing contact details.

Where can we file RTIP ers onal Is s ues :

• S tudent S cholarships

• PAS S P O R T DE L AY

• IT R eturns

• Driving licens e Delay / R TA related is sues

• P F R elated

• R AT IO N C ard

• Voter ID C ard

• Answers S heets from Univers ities

• G AS C Y L INDE R D E L IVE R Y / New G as C onnections

• Univers ity P rogram details

• DE S E AL ING AND R E G UL AR IZ AT ION O F Y OUR HO US E

• Water problem / Water C onnections

• lis t goes on… … …

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The RTI Act 2005: FeeIs There Any Fee To Seek Information?

FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION

• In case of central govt. departments, INR 10.00 by way of cash under proper receipt, demand draft, bankers cheque, Indian postal order, money order or cash deposited at designated post offices.

• In case of state govt. departments, particularly in Maharashtra state, INR 10.00 by way of cash under proper receipt, demand draft, banker’s cheque, money order or court fee stamp.

May 1, 2023 Avinash Murkute | Pune | M: 9822698070 10

The RTI Act 2005: Machinery & Hierarchies

APIO Assistant Public Information Officer PIO Public Information OfficerAA Appellate AuthorityIC Information CommissionerSIC State Information CommissionerCIC Central Information CommissionerDOPT Department of Personnel & Training

You must know below terms well!

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The RTI Act 2005: Process

How Is Your Application Dealt?

Public Information Officer (PIO) on receipt of a request, as expeditiously as possible, and in any case within thirty (30) days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified like security, copyright, commercials, etc.

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The RTI Act 2005: Process

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The RTI Act 2005: Process

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The RTI Act 2005: Process

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The RTI Act 2005: CostDoes Information comes at a cost?

Oh yes, because nothing is free.A4 or A3 size paper Rs 2 for each page plus

postage Fixed price materials At printed cost plus

postageDiskette or Floppy or CD Rs. 50 plus postageInspection cost Free for first hour

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The RTI Act 2005: AppealsWhat if you don’t get information requested?

If you don’t get proper response or requested information from public authority or from its pubic information officer within 30 calendar days, you can file complaint with Information Commission or file an appeal with first appellate authority. Similarly, you can file complaint or appeal (as above) for late response or for demand of cost of information which is unreasonable.

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The RTI Act 2005: First Appeal

Where and how to file first appeal? You will have to move an appeal application along

with the prescribed appeal fee. In Maharashtra, it is court fee stamp of INR 20/-. In Central Government offices, there is no fee. First appellate authority is the officer senior to public information officer. On receipt of your appeal, this appellate authority will call an explanation from PIO, might invite you to hear you and will pass an reasonable order within 30-45 days.

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The RTI Act 2005: Second Appeal

Where and how to file Second appeal? If you are not satisfied with response of public

information officer and order passed on your appeal by first appellate authority of particular public authority, you can file second appeal with State Information Commissioner or Central Information Commissioner, as the case may be.

There is no prescribed time limit for getting response or order at this level. Too many cases are piled up with these offices.

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The RTI Act 2005: Imp. Sections

The RTI Act has more than 30 sections and its subsections. In order to get response every time, one must study all sections and amendments in the act from time to time.Section 3: All citizens have the rightSection 4: Proactive disclosures by authoritiesSection 6: Request for obtaining informationSection 7: How your requests will be treatedSection 8: Exemptions Section 19 (1): First appealSection 19 (3): Second appealSection 20: Penalties and Disciplinary actions

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Section 8: Exempted Organizations

IB, RAW of the Cabinet Secretariat DRI, Central Economic Intelligence Bureau Directorate of Enforcement Narcotic Control Bureau Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau Special Branch (CID) Andaman & Nikobar The Crime Branch (CID-CB) Dadra and Nagar Haveli Special Branch, Lakshadweep Police

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Information can not be shared

Sovereignty and Integrity Of India Prevented by courts Breach of privilege of Parliament Trade secret, Intellectual property Fiduciary relationship Info received from foreign Government Life and physical safety of any person Issues under investigation Cabinet papers Invasion in privacy

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Available Information & Common ManProactive Disclosure

Before After