RIGHT TO INFORMATION ACT,2005 J. P. TIWARI CHIEF AGRICULTURE OFFICER 09412309322.

RIGHT TO INFORMATION ACT,2005RIGHT TO INFORMATION ACT,2005

J. P. TIWARI

CHIEF AGRICULTURE OFFICER

09412309322

Right to Right to Information Information

in Indiain India- An - An

overviewoverview

22J. P. TIWARIJ. P. TIWARI

Information is Key to

Democratic processDemocratic process and and

good governancegood governance

Curb corruptionCurb corruption and and

InefficiencyInefficiencyin public officesin public offices

HumanHuman

developmentdevelopment

Realization Realization

of human rightsof human rights


Right to Information In IndiaRight to Information In India

Constitutional Background

Indian constitution was adopted by the Constituent

Assembly on 26.11. 1949 and has been in force since 26.01.1950

Part III addresses fundamental rights

Article 19( 1) (a) guarantees freedom of speech and Expression


A few Landmark Supreme Court A few Landmark Supreme Court judgmentsjudgments

• In Bennett Coleman v. Union of India , AIR 1973 SC 60 the right to

information was held to be included within the right to freedom of

speech and expression guaranteed by Art. 19(1) (a).

• In State of UP v. Raj Narain, (1975) 4 SCC 428 the Court explicitly

stated that it is not in the interest of the public to ‘cover with a veil of

secrecy the common routine business… the responsibility of officials to

explain and to justify their acts is the chief safeguard against

oppression and corruption.’


• In S.P. Gupta v. UOI, AIR 1982 SC 149 the right of the people to

know about every public act, and the details of every public transaction

undertaken by public functionaries was described.


• In Secy., Ministry of I&B, Govt. of India v. Cricket Assn. of Bengal ,

(1995) 2 SCC 161 the right to impart and receive information from

electronic media was included in the freedom of speech. The airwaves

were held to be public property and hence distribution of these waves

between government and private channels was to be done on an

equitable basis.

• In People’s Union for Civil Liberties v. UOI, 2004 (2) SCC 476 the right

to information was further elevated to the status of a human right,

necessary for making governance transparent and accountable. It was

also emphasized that governance must be participatory


Problems in AccessingProblems in Accessing information? information?

• Sec 5 of the Official Secrets Act, 1923

• Sec 123-126 Indian Evidence Act 1872.

• Provisions in The Central Civil

Services ( Conduct) Rules,1964 that

restrict right to information ( Rule 11)


• Culture of secrecy prevalent in

government

• Lack of accountability in public

offices

• Lack of knowledge as to where

to go for information

• Illiteracy

• Badly maintained records


Need for an Act on Right to InformationNeed for an Act on Right to Information

• To make access to information a reality for every citizen

• To make operational the fundamental right to information.

• To set up systems and mechanisms that facilitate easy access to

information.

• To promote transparency and accountability and enable

people’s participation in governance.

• To minimize corruption and inefficiency in public offices.


Historical BackgroundHistorical Background

• 1990-P.M Mr.V.P.SINGH stressed on RTI as a legislative

right

• 1994- A strong grass root movement spearheaded by MKSS

( Mazdoor Kissan Shakthi Sangathan) created mass

awareness and a demand for legislation

• 1996- Press Council drafted a law- NIRD ( National Institute

of Rural Development) Freedom Of Information Act,1997


• 1997- A working committee headed by Mr.

Arun Shourie drafted the Freedom of

Information Bill,1997

• 1998- The then P.M .Shri. Vajpayee

announced that law will be enacted soon

• 2000- Freedom of Information Bill,2000 was

tabled before the Parliament and after some

debate was referred to a committee for

review


• 2002- NDA Government enacted The

Freedom of Information Act in 2002 and

adopted in January 2003 but never came

into force.

• 2004- The UPA Government finally

tabled a New Bill RTI,2004 in Parliament

• 2005 – On 15 June, President Mr.Abdul

Kalam gave his consent and The Act

became operative from 12 October,2005


RIGHT TO INFORMATION ACT,2005RIGHT TO INFORMATION ACT,2005

• The Freedom of Information Act, 2002 has been repealed by the emergence of this Act.

• This is a Central Act which extends to the whole of India except the state of Jammu &

Kashmir.

• Act received the assent of the President on the 15th June, 2005

• The Act contains 6 chapters and 31 sections with 2 schedules


The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of

section 5, sections 12, 13, 15,16, 24, 27 and 28 came into force at once,

and the remaining provisions of this Act came into force on the one

hundred and twentieth day of its enactment.


The weapon of the common ManThe weapon of the common Man


AccessAccess

• No fee for BPL.( Below Poverty Line) ( Proviso to S 7(5))

• No need to specify reason for seeking information or other personal

details( S 6 (2))

• Provision to reduce oral requests into writing( proviso to S 6(1))

• Provision to provide all required assistance, including to disabled persons.

( S 7(4))

• Information to be provided in local languages( S 4(4))

• Provision for penalties( S 20)

• Open only to citizens of India.( S 3)


Bird’s Eye View of the ActBird’s Eye View of the Act

Chapter Section No Title

I 1-2 Preliminary

II 3-11 Right to Information and Obligations of Public Authorities

III 12-14 The Central Information Commission

IV 15-17 The State Information Commission


Chapter Section No Title

V 18-20 Powers and Functions of the Information Commissions, Appeal and Penalties

VI 21-31 Miscellaneous

The First Schedule Form of Oath or Affirmation to be made by the Chief Information commissioner/ Information Commissioner/State chief Information Commissioner/State Information Commissioner

The Second Schedule Intelligence and Security Organizations established by the Central Government


Important Definitions- Important Definitions- SecSec 22

2 (a) Appropriate Government" means in

relation to a public authority which is

established, constituted, owned, controlled

or substantially financed by funds

provided directly or indirectly

(i) by the Central Government or the

Union territory administration,

(ii) by the State Government,


2 (b) "Central Information Commission" means the Central

Information Commission constituted under sub-section (1) of section

12;

2 (c) "Central Public Information Officer" means the Central Public

Information Officer designated under sub-section (1) and includes a

Central Assistant Public Information Officer designated as such

under sub-section (2) of section 5;

2 (d) "Chief Information Commissioner" and "Information

Commissioner" mean the Chief Information Commissioner and

Information Commissioner appointed under sub-section (3) of

section 12;


2 (i) Record" includes—

(a) any document, manuscript and file;

(b) any microfilm, microfiche and

facsimile copy of a document;

(c) any reproduction of image or

images embodied in such microfilm

(whether enlarged or not); and

(d) any other material produced by a

computer or any other device;


What does Right to Information mean?- Sec What does Right to Information mean?- Sec 2(j)2(j)


What Is Not Open To Disclosure?What Is Not Open To Disclosure?

The following is exempt from disclosure [S.8)]

a) Information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, strategic, scientific

or economic interests of the State, relation with foreign State or

lead to incitement of an offence

b) information which has been expressly forbidden to be published

by any court of law or tribunal or the disclosure of which may

constitute contempt of court;

c) information, the disclosure of which would cause a breach of

privilege of Parliament or the State Legislature


d) information including commercial confidence, trade secrets or

intellectual property, the disclosure of which would harm the

competitive position of a third party, unless the competent authority

is satisfied that larger public interest warrants the disclosure of such

information;

e) information available to a person in his fiduciary relationship, unless

the competent authority is satisfied that the larger public interest

warrants the disclosure of such information;

f) information received in confidence from foreign Government;


g) information, the 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;

h) information which would impede the process of investigation or

apprehension or prosecution of offenders;

i) cabinet papers including records of deliberations of the Council of

Ministers, Secretaries and other officers;

j) 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;


Public AuthorityPublic AuthorityRight to Information Act gives right to access information held by “

public authorities”

"public authority" means any authority or body or institution of

self- government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate

Government,;


Public Authority….Public Authority….

includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government organization substantially

financed, directly or indirectly by funds

provided by the appropriate Government


Obligations Of Public AuthorityObligations Of Public Authority-Sec 4-Sec 4

4 (1) Every public authority shall—

a) maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to information

under this Act and ensure that all records that are appropriate to

be computerized are, within a reasonable time and subject to

availability of resources, computerized and connected through a

network all over the country on different systems so that access to

such records is facilitated;


(b) The public authority shall publish within 120 days from enactment

of Act

i. the particulars of its organization, functions and duties;

ii. the powers and duties of its officers and employees;

iii. the procedure followed in its decision making process, including

channels of supervision and accountability;

iv. the norms set by it for the discharge of its functions;


v. the rules, regulations, instructions, manuals and records used by its

employees for discharging its functions;

vi. a statement of the categories of the documents held by it or under its

control;

vii. the particulars of any arrangement that exists for consultation with,

or representation by, the members of the public in relation to the

formulation of its policy or implementation thereof;


viii. A statement of the boards, councils, committees and other bodies

consisting of two or more persons constituted by it. Additionally,

information as to whether the meetings of these are open to the public,

or the minutes' of such meetings are accessible to the public;

ix. a directory of its officers and employees;

x. the monthly remuneration received by each of its officers and employees,

including the system of compensation as provided in its regulations;

xi. the budget allocated to each of its agency, indicating the particulars of

all plans, proposed expenditures and reports on disbursements made;

xii. the manner of execution of subsidy programmes, including the amounts

allocated and the details and beneficiaries of such programmes


xiii. particulars of recipients of concessions, permits or authorizations

granted by it;

xiv. details of the information available to, or held by it, reduced in an

electronic form;

xv. the particulars of facilities available to citizens for obtaining information,

including the working hours of a library or reading room, if maintained

for public use;

xvi. the names, designations and other particulars of the Public Information

Officers;

xvii. Such other information as may be required.


Public Information OfficersPublic Information Officers

PUBLIC INFORMATION

OFFICERS (PIOs)

PIOs are officers designated by the

public authorities in all

administrative units or offices under

it to provide information to the

citizens requesting for information

under the Act

The Act also requires public authorities

to designate Assistant PIOs at the sub-

district or sub-divisional level, to

forward applications to the relevant PIO

located at higher levels.


Steps for requesting InformationSteps for requesting Information

• Step 1- Identify the public authority which

holds the information

• Step 2- Identify who to submit application

to within the public authority

• Step 3 -Draft a clearly focused application

• Step 4- Submit your application

• Step 5- Wait for a decision


Time Limit To Get The InformationTime Limit To Get The Information

• 30 days from the date of application ( S 7(1)

• 48 hours for information concerning the life

and liberty of a person ( proviso to S 7 (1))

• 5 days shall be added to the above response

time, in case the application for information

is given to Assistant Public Information

Officer. ( proviso to S 5(2))


• If the interests of a third party are involved then time limit will be 40

days (maximum period + time given to the party to make

representation). ( S 11(3))

• Failure to provide information within the specified period is a deemed

refusal. ( S 7 (2))


Ground For RejectionGround For Rejection

• If it is covered by exemption

from disclosure. as detailed in

Sec 8

• If it infringes copyright of any

person subsisting in a person

other than the State as detailed

in Sec 9.


Appellate AuthoritiesAppellate Authorities

• First Appeal: First appeal to the officer senior in rank to the PIO in

the concerned Public Authority within 30 days from the expiry of

the prescribed time limit or from the receipt of the decision (delay

may be condoned by the Appellate Authority if sufficient cause is

shown). ( S 19(1))


• Second Appeal: Second appeal to the Central Information

Commission or the State Information Commission as the case may be,

within 90 days of the date on which the decision was given or should

have been made by the First Appellate Authority. (Delay may be

condoned by the Commission if sufficient cause is shown) ( S 19(3))


• Third Party appeal against PIO's decision must be filed within 30

days before first Appellate Authority;( S 19 (2))

• Burden of proving that denial of Information was justified lies with

the PIO.

• First Appeal shall be disposed of within 30 days from the date of its

receipt. Period extendable by 15 days if necessary. (Sec 19)


Powers And Functions Of Information Powers And Functions Of Information CommissionsCommissions

Commission will exercise its powers without being subjected to

directions by any other authority. (S.12(4))

• The Central Information Commission/State Information

Commission has a duty to receive complaints from any

person ( S 18(1))

Who has not been able to submit an information request because a

PIO has not been appointed

who has been refused information that was requested;


• Power to order inquiry if there are reasonable grounds (S 18(2))

• Power to examine all records covered by this law (including those

covered by exemptions) must be given to CIC/SCIC during inquiry for

examination ( S 18(4))


• CIC/SCIC will have powers of Civil Court such as -

summoning and enforcing attendance of persons, compelling them to give

oral or written evidence on oath and to produce documents or things;

requiring the discovery and inspection of documents;

receiving evidence on affidavit ;

requisitioning public records or copies from any court or office

issuing summons for examination of witnesses or documents

Any other matter which may be prescribed.


Penalty Provisions ( S 20)Penalty Provisions ( S 20)

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/- for –

• not accepting an application;

• delaying information release without reasonable cause;

• malafidely denying information;

• knowingly giving incomplete, incorrect, misleading information;

• destroying information that has been requested and

• Obstructing furnishing of information in any manner.


Jurisdiction Of CourtsJurisdiction Of Courts

Lower Courts are barred from entertaining suits or

applications against any order made under this Act.

(S.23)


Appropriate Government to prepare programmes ( S 26)

The appropriate Government to:

a) Develop and organize educational programmes to advance the

understanding of the public, particularly the disadvantaged, to

exercise right to information.

b) Encourage public authorities to participate in

programmes;

c) promote timely/ effective dissemination of

accurate info on activities.

d) Train CPIOs and produce relevant training materials


NotificationsNotifications

• Right to Information (Regulation of Fees and Cost Rules),2005

• Central Information Commission (Appeal Procedure

Rules),2005


Right to Information (Regulation of Fees Right to Information (Regulation of Fees and Cost Rules),2005and Cost Rules),2005

• Application Fee – Rs.10

Additional fee-

• A4/A3 paper – Rs 2 per page;

• Larger paper – actual cost;

• Printed publications – fixed price,

• photocopies/extracts – Rs 2 per page;

• Floppy/diskette – Rs 50;

• Samples/ models – actual cost;

• Inspection of records – 1st hour free and Rs 5 for each subsequent hour.


Web-sites For ReferenceWeb-sites For Reference

• www.persmin.nic.in

• www.freedominfo.org

• www.cfoi.org.uk

• www.rti.gov.in

• www.cic.gov.in

• www.humanrightsinitiative.org

• www.mahadhikar.org

• www.righttoinformation.info

• www.parivartan.com/

• www.satyamevajayate.info/


QUESTIONS? SUGGESTIONS?QUESTIONS? SUGGESTIONS?COMMENTS??COMMENTS??


RIGHT TO INFORMATION ACT,2005 J. P. TIWARI CHIEF AGRICULTURE OFFICER 09412309322.

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Transcript of RIGHT TO INFORMATION ACT,2005 J. P. TIWARI CHIEF AGRICULTURE OFFICER 09412309322.