Right To Information Act

AMR-APARD

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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 resist authority when abused. – Mahatma Gandhi

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Access to Information Laws Around the WorldAccess to Information Laws Around the World

Green – Comprehensive access law enacted

Yellow – Pending effort to entact law

White – No law

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Constitutional BaseConstitutional Base

• Article 14 : Right to Equality- Equal treatment before law

• Article 19 : Right to Freedom-freedom of Speech and Expression

• Article 21 : Protection of Life & Personal Liberty

[Proviso 7(1)- within 48 hours]

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RIGHT TO INFORMATION RIGHT TO INFORMATION

PARADIGM SHIFT

An act which will be implemented by the people and acted upon by the government

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• Disclosure a rule and Secrecy an exception

• Transparency means public interest

• Public Interest overrides

• It is a part of Global Process.

• Governance will improve

Basic TenetsBasic Tenets

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Information means

• Information includes records, documents, memos,

e-mails, opinions, advises, press releases,

circulars, orders, log-books, contracts, reports,

papers, samples, models, data held in electronic

form. Also includes information relating to any

private body which can be accessed by a public

authority.

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Right to information means• Inspection of work, documents, records

• Taking notes, extracts, or certified copies of documents or 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

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Obligations of Public Authorities :

• Every public authority shall maintain all its records duly catalogued and indexed in a manner and form, which facilitates the right to information

• Shall also publish the information of the organization regarding structure, functions and duties, procedure followed, decision making process, directory of officers and employees, names and designations of public information officers etc.,

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Procedure for obtaining information :

• Every person seeking the information shall request orally or in writing or through electronic means paying the requisite fees at the following rates :

• In respect of public authorities at the Village Level – No fee ;

• In respect of public authorities at Mandal Level – Rs. 5/- per application ;

• In respect of public authorities other than those covered above – Rs. 10/- per application ;

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• The sale price of publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form.

• e) Other than priced material :

• i) Material in printed or text form (in A4 or A3 size paper) Rs.2/- per each page per copy;

• Material in printed or text form in larger than A4 or A3 size paper - actual cost thereof;

• Maps and plans – actual cost thereof;

• Information in Electronic format viz., Floppy, CD or DVD:

• (a) Rupees fifty for Floppy of 1.44 MB;

• (b) Rupees one hundred for CD of 700 MB; and

• (c) Rupees two hundred for CD (DVD).

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• Samples and models – actual cost thereof;

• vi) Inspection of records – no fee for the first hour;

and a fee of rupees five for each fifteen minutes (or

fraction thereof) thereafter;

• vii) Material to be sent by post – the actual postal

charges in addition to the charge payable as per the

rules.

• The applicant is not required to give any reason or

any other personal details except those that may be

necessary for contacting him.

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Disposal of Request :• The Central Public Information Officer or State

Public Information Officer within 30 days either

provide information or reject with reasons and the

period within which appeal can be preferred and

particulars of the appellate authority.

• If the information sought for concerns the life and

liberty of a person, the same shall be provided

within (48) hours of the receipt of request.

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Disposal of Information of Third Party :

• A Central Public Information Officer or State Public

Information Officer intends to disclose any

information which relates to a third party and treated

as confidential by that third party, he shall be invited

to know whether the information should be disclosed.

• Except, in case of trade or commercial secrets

protected by law, disclosure may be allowed if the

public interest in disclosure outweighs in importance

any possible harm or injury to the interest of such

third party.

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Require the public authority to compensate the

complainant for any loss or other detriment

suffered.

Impose a penalty of Rs.250/- each day not

exceeding Rs.25,000/- till application is received or

information furnished.

Also recommend for disciplinary actions against

Central Public Information Officer or State Public

Information Officer under Service Rules applicable

to them.

Penalties provided under the Act :

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The burden proving that he acted reasonably or

diligently is on the Central Public Information Officer

or State Public Information Officer.

The Penal provisions are the real teeth of the Act,

which if properly implemented will bring the rule of

law into governance.

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Important ProvisionsImportant Provisions

• PIOs for every public authority – 30 days

period for providing information

• Senior officer to be appellate authority

• Fixed time for disposal of appeals.

• Provision for deemed disposal at PIO as

well as Appellate level.

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• Penalty to be imposed by information

commissioner after opportunity to be heard –

burden of proof on PIO

• Fees levied also can be challenged.

• Third party clause is included.

• Proactive disclosure is mandatory.

• Information which can not be denied to the

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• Parliament or the state Legislature can not

be denied to any person.

• Administration of the act & second appeal

vested with Information Commission.

• RTI Act 2005 overrides Official Secret Act.

Cont … Important Provisions

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Available Information & Common Man

Proactive Disclosure

Before After

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Exemption clause in detailExemption clause in detail• National security

• Trade secrete/IPR/copy right

• Privacy

• Foreign relation

• Danger to life & physical safety

• Impede the investigation

• Cabinet papers

• Public interest v/s protected interests

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MonitoringMonitoring• Quantitative and qualitative – devise formats

• Trainings and workshops

• Consultation and review

• Involve Civil society

• Responsive government

• Continuous improvement by issue of guidelines.

• Periodical evaluation & Monitoring & Annual report.

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Monitoring and Reporting:

The Central Information Commission or State

Information Commission as the case may be, shall

prepare a report on the implementation of the Act

at the end of every year and forwarded it to the

appropriate Government.

The respective Government cause a copy of such

report to be laid before each House of Parliament

and State Legislature as the case may be.

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OFFICIAL SECRETS ACT 1923OFFICIAL SECRETS ACT 1923

THEN NOW

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RTI in APREGS• Gram Sabha - MMS,VOs role• Muster Rolls – Read out while closing• Wall writing on details of works • Photos, videos before & after work• Execution of works through peoples estimates• Demystification of measurement of work• Panchayat Secretary, P.O.,PD,DWAMA are

information officers