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THE RIGHT TO INFORMATION ACT

Dr. Shiyas Mohammed Junior Resident Department of Chest & TB

Govt. Medical College, Patiala.

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RTI- IntroductionMinistry of Law and Justice,

legislative department published the RTI Act 2005, in the Gazette of India on 15th June 2005

It extends to the whole of India except the state of J&K

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RTICitizen’s right to obtain

information from any public authority relating to its administration, operations or decisions

A fundamental democratic right

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RTI An Act to provide 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 for matters connected therewith or

incidental thereto.

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Definitions under the act“Right to information" means the

right to information accessible under this Act which is held by or under the control of any public authority and includes the right to— ◦ request any information (as

defined). ◦ obtain copies of documents. ◦ inspect documents, works and

records. ◦ take certified samples of materials

of work.

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Information (section 2f) means

◦ any material in any form including records, documents, memos, emails, opinions, advises, press releases, circulars, orders, log books, contracts, reports, papers, data material held in any electronic form and information relating to any private body which can be accessed by a public authority

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Records (section 2i) means◦Any documents, manuscripts and file◦Any copy of a document◦Any other materials produced by the

computer or any other devicesAppropriate government means

◦ in relation to a public authority which is established, constituted, owned, controlled or substantially financed by central or state government

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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, and 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;

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Right to information and obligations of public authorities

Subject to the provisions of this Act, all citizens shall

have the right to information.

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 computerised are, within a reasonable time

and subject to availability of resources,

computerised and connected through a network

all over the country on different systems so that

access to such records is facilitated;

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Right to information and obligations of public authorities

(b) publish within one hundred and twenty days from the enactment of this Act,—

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

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

iii. the procedure followed in the 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, held by it or under its control or used by its employees for discharging its functions;

vi. a statement of the categories of documents that are held by it or under its control;

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Right to information and obligations of public authorities

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 as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

ix. a directory of its officers and employees;

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Right to information and obligations of public authorities

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

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PROCESS

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Every public authority is required to designate Assistant Public Information Officers to receive RTI requests and appeals for forwarding to the PIOs of their public authority.

A person who desires to obtain any information under this act shall make a request to the PIO concerned for information in writing or through electronic means with accompanying prescribed fee

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for each hour of inspection after the first hour.

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PROCESS

If the applicant is a Below Poverty Card holder, then no fee shall apply.

The applicant is not required to disclose any information or reasons other than his name and contact particulars to seek the information.

It is the PIO's obligation to provide information to citizens of India who request information under the Act.

If the request pertains to another public authority it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days.

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Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request,

Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information.

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Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed.

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TIME LIMITSThe Act specifies time limits for replying to

the request. If the request has been made to the PIO, the

reply is to be given within 30 days of receipt.

If the request has been made to an APIO, the reply is to be given within 35 days of receipt.

If the PIO transfers the request to another public authority , the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.

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TIME LIMITSInformation concerning corruption

and Human Rights violations by scheduled Security agencies is to be provided within 45 days but with the prior approval of the Central Information Commission.

However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

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Exemptions from disclosure

[Section.8]

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

offense;

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;

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Exemptions from disclosure

Information, the disclosure of which would cause a

breach of privilege of Parliament or the State

Legislature;

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;

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Exemptions from disclosure

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;

Information received in confidence from foreign

Government;

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;

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Information which would impede the process of investigation

or apprehension or prosecution of offenders;

Cabinet papers including records of deliberations of the

Council of Ministers, Secretaries and other officers;

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 (but it is also provided that the

information which cannot be denied to the Parliament or a

State Legislature shall not be denied by this exemption);

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NONDICLOSURE OF INFORMATION- patient related under RTI actThe following patient related

information cannot be shared with a third party seeking information through RTI application because of fiduciary relationship between the treating doctor and the patient as per the provisions provided under RTI act 2005.

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Patient related information regarding ◦Treatment records◦Investigation records◦Medicolegal reports◦Case sheet◦Discharge summary◦Death summary◦Postmortem report◦Any other patient related information

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Where a request has been rejected under sub-

section (1), the Central Public Information Officer

or State Public Information Officer, as the case

may be, shall communicate to the person making

the request,—

(i) the reasons for such rejection;

(ii) the period within which an appeal against

such rejection may be preferred; and

(iii) the particulars of the appellate authority.

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If information is not provided within

this period, it is treated as deemed

refusal. Refusal with or without

reasons may be ground for appeal or

complaint. Further, information not

provided in the times prescribed is

to be provided free of charge.

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PENALTY

If the Public Information Officer

◦ without any reasonable cause, refused to

receive an application for information or

◦ has not furnished information within the time

specified under sub-section (1) of section 7 or

◦ malafidely denied the request for information or

◦ knowingly given incorrect, incomplete or

misleading information or

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◦destroyed information which was the subject

of the request or obstructed in any manner in

furnishing the information

◦ it shall impose a penalty of two hundred and

fifty rupees each day till application is

received or information is furnished, so

however, the total amount of such penalty

shall not exceed twenty-five thousand rupees:

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ROLE OF GOVERNMENT

Section 26 of the Act enjoins the central government,

as also the state governments of the Union of India

(excluding J&K), to initiate necessary steps to:

Develop educational programs for the public especially

disadvantaged communities on RTI.

Encourage Public Authorities to participate in the

development and organization of such programs.

Promote timely dissemination of accurate information

to the public.

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Train officers and develop training materials.

Compile and disseminate a User Guide for the

public in the respective official language.

Publish names, designation postal addresses

and contact details of PIOs and other

information such as notices regarding fees to

be paid, remedies available in law if request is

rejected etc.

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Thank you..