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The Right to Information Act 2005

The Right to Information Act 2005. The RTI Act 2005 - Coverage. Came into effect on October 12, 2005. Covers central, state and local governments, and all bodies owned, controlled or substantially financed; non-government organisation substantially financed (directly or indirectly),

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The Right to Information Act 2005

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  1. The Right to Information Act 2005

  2. The RTI Act 2005 - Coverage • Came into effect on October 12, 2005. • Covers central, state and local governments, and • all bodies owned, controlled or substantially financed; • non-government organisation substantially financed (directly or indirectly), • Covers executive, judiciary and legislature (2(e)) • Includes information relating to any private body which can be accessed by under any other law

  3. The RTI Act 2005 – Some Definitions • "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 as well as AV material.

  4. The RTI Act 2005 – Some Definitions • "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- • (i)inspection of work, documents, records; • (ii) taking notes, extracts, or certified copies of documents or records; • (iii)taking certified samples of material; • (iv) obtaining information in any form

  5. The RTI Act 2005 - Processes • Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO) or APIO of department. Fee in Maharashtra is Rs. 10 (cash/dd/banker’s cheque/court fee stamp) • The application can be in any form or in prescribed format . • Information to be provided within 30 days. 48 hours where life or liberty is involved. 35 days where request is given to Asst. PIO, 40 days where third party is involved

  6. RTI Act 2005 - Appeals • An independent Information Commission at the Central and State level, to be an appellate authority and to oversee the functioning of the act. Has various powers under the Act.

  7. RTI Act 2005 - Appeals • First appeal with senior in the department – to file within 30 days of information not rcd from PIO or rcd but you are not satisfied. The AA should respond within 45 days. Also file complaint with the Information Commission. • Second appeal with Information Commission – to file within 90 days of information not rcd from AA or rcd but you are not satisfied • Onus of proof on refuser/public authority

  8. RTI Act 2005 - Penalties • Penalties imposable by Information Commission on PIO or officer asked to assist PIO • For unreasonable delay – Rs 250 per day up to Rs 25,000 • For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine • Recommendation for departmental action for persistent or serious violations However, no criminal liability

  9. The RTI Act 2005 – Processes… Exempt information: • Where disclosure prejudicially affects the sovereignty and integrity of India; • Release of which has been expressly forbidden by any court or tribunal or may be contempt of court; • Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: (but can access after decision is made) d. Personal information which would cause invasion of the privacy unless larger public interest justifies it.

  10. RTI Act 2005-Exemptions contd. • Intelligence and security agencies exempt – except for corruption and human rights violation charges • Third party information to be released after giving notice to third party • Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person • Notwithstanding anything, a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.

  11. The RTI Act 2005 – Processes… Suo moto information: The RTI Act requires all public authorities covered under the law to publish suo moto or proactively a wide range of information on their own, even if no one has specifically requested it.

  12. Getting started • Identify the information you need • Identify the public authority that has the information • Identify who to submit application to – get list of PIOs/APIOs and their addresses from department’s website or direct from dept. • Make your application for information - clear, concise and specific

  13. What next on CVP? • Support and help on any query or issue. • Forums – once every six months – to share experiences, learn, keep motivated.

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