PRESENTATION FOR PARA – LEGAL COURSE BY : MOHAMMED AFZAL [ RTI ACTIVIST ]

1. PRESENTATION FOR PARA – LEGAL COURSE BY:MOHAMMED AFZAL[ RTIACTIVIST ] Email: go4_afzal@rediffmail.com Central Right to Information Act 2005 Right to Information = Transparency = Accountability Curb on Corruption = Good Governance.

2. “PREFACE” • The CENTRAL RIGHT TO INFORMATION Act 2005 IN INDIA became effective from 12th of October 2005. • Citizens’ active use of this right shall promote accountability in the working of all government and other connected organizations. • It is a powerful tool in the hands of the citizens; now it is up to the citizens to use it in a responsible manner and for a bonafide purpose only. Frivolous use or use with the intention of harassment will defeat the very objectives of this Act. * * * * * * * * * * *

3. ‘Introduction’ • Freedom of the media is considered as one of the essential features for a democracy, Which in turn ensure that Citizens are informed. • The Right to Information is derived from our fundamental right of expression. • The provision for the Act already existed in our Indian Constitution since 1950 i.e. Right to Freedom of Speech and Expression under Article 19 (1)(a) of the Indian Constitution. But it was only codified and Act promulgated in year 2002 under pressure from great civil society individuals like Ms. Aruna Roy, Shri. Anna Hazare, Mr. Arvind Kejriwal, Shri. Shailesh Gandhi and countless other sung and unsung heroes. • Every Govt. Dept or Institution constituted under the Constitution or with aid of the Govt. come under the purview of the RTI Act 2005. • Every Govt. Dept must have a Public Information Officer [PIO] and an Appellate Authority [AA]. The AA is an officer senior to the PIO.

4. ‘Introduction’ • As per RTI Act, every state should have upto 10 + 1 Chief Information Commissioners [CICs]. • The Right to Information was enacted in 2002 initially for 9 states, which included Maharashtra, which had their own Act and rules. • In 2005 the Right to Information Act was made national, i.e. applicable in all states of India, except Jammu & Kashmir. • This Act empowered every citizen of this country to know how the Govt. is run, how and why certain decisions are taken, how our tax payer’s money is spent by our elected representatives and public servants etc. • People have a right to ask for information from Government and Public bodies about things that affect their lives, a copy of any record in the form of a document, diskettes, floppies or any other electronic mode, however inspection of files can also be done and samples can be asked for.

5. ALL ABOUT RTI Act 2005 • Citizens can apply for information to the Public Information Officer of the concerned Govt office. If the information asked is pertaining to a particular dept, then the PIO should pass on the RTI application to the appropriate dept within his institution internally within 5 days of receiving such application. • Application under RTI Act in [Annexure A] requires a Court Fee stamp of Rs. 10/- and an Appeal in [Annexure B] requires a Court Fee stamp of Rs. 20/-. Court fee stamp is acceptable by all state Govt. departments. • The law mandates that the information has to be given within 30 days. If the PIO diverts the application within his institution, then you should be getting the information not later then 35 days. • If information is denied, incomplete, misleading or false then citizens can go in for appeal within 30 days to the Appellate Authority, i.e. after the expiry of the 30/35 day of the initial application made to the PIO, who would be an official in the same Dept; Senior to the PIO.

6. ALL ABOUT RTI Act 2005 • If this too does not give a satisfactory result, than one can appeal to the State or Central Information Commission, which is an independent authority, established under the Act. • Please note that your second appeal in [Annexure C] for State and Central Govt. Depts can be filed within 90 days of receiving/not receiving the replies from Appellate Authorities. • The Act provides for a levy of penalty on the PIO at a rate of Rs. 250 per day of delay, or for malafide denial of information. Maximum Rs. 25000/-. • However there are some matters where information can be denied, which are given in section 8 of the RTI Act, for e.g. information that would effect the sovereignty & integrity of India, information that would cause breach of privilege of Parliament or the State Legislature. Information that would endanger the life or physical safety of any person etc.

7. ALL ABOUT RTI Act 2005 • Section 4 of the Right to Information Act, 2005 under Chapter II mentions on `Right to Information and Obligation of Public Authorities'. • Information under Section 4 (suo moto disclosure) is in the larger public interest as it eliminates the need for an application to seek most of the information under RTI Act. • Before filing a Public Interest Litigation, RTI Act 2005 comes very handy to collect data & relevant facts about the Case in particular. • Most PIL get dismissed simply because there is no evidence to substantiate or justify the said PIL. One would need a strong backup of evidence, before filing a PIL in the Hon’ble Mumbai High Court. …….

8. FEE CHARGEABLE BY STATE GOVT.DEPT FOR PROVIDING THE REQUIRED INFORMATION UNDER RTI ACT 2005 UNDER SECTION 7 (1) OF THE ACT. • Charges should be Rs.2 per page for copying – i.e. for A3/A4 size papers. • Actual charges or cost for larger size papers. • Actual charges or cost for samples or models. • For inspection of records: No fee for the first hour, and Rs.5/- for every 15 minutes thereafter. UNDER SECTION 7 (5) OF THE ACT. • For information provided in diskette or floppy or CDs, Rs. 50/- per diskette or floppy or CD is to be charged. • For information provided in printed form at a price fixed for such publication or Rs.2/- per A3/A4 size page of photocopy. • Actual cost or price for other modes of copying, e.g. tapes – audio, or video, or other media.

9. Format of RTI Application Annexure A (see rule 3) Format of application for information under the RTI Act 2005 To,The Public Information Officer,(Name of the office with address)1. Full name of the applicant2. Address3. Particulars of information required    i. Subject matter of information.    ii. The period to which the information relates.   iii. Description of the information required.   iv. Whether information if required by post or in person  (The actual postal charges shall be included in additional fees)    v. In case by ordinary post (Ordinary, Registered or Speed) vi. Whether the applicant is below poverty line. Yes/No.(If yes, attach the photo copy of the proof thereof) Place:             Signature of the applicant                                    Date:

10. Format For First AppealANNEXURE “B” [See rule 5(1) of Maharashtra Right to Information Rules,2005]Appeal under section 19 (1) of the Right to Information Act, 2005. To ...........  (Name / designation / address of the appellate authority) 1. Full name of the Appellant 2. Address: 3. Particulars of the State Public Information Officer: 4. Date of receipt of the order appealed against [If Order passed]: 5. Last date for filing the appeal: 6. Particulars of information:   i. Nature and subject matter of the information required:   ii. Name of the office or Department to which the information relates:  iii. The ground for appeal: Place:                                             Signature of the Appellant Date: Reply received from the PIO should be attached with this appeal along with RTI application i.e. [Annexure A]

11. Format for Second AppealANNEXURE “C” [ See rule 5 (2) ]Second Appeal under section 19 (3) of the Right to Information Act, 2005 To, State Information Commissioner, Maharashtra, New Administrative Bldg., 13th Floor, Opp. Mantralaya, Mumbai – 32. 1. Full name & Address of the Appellant: 2. Particular of State Public Information Officer: 3. Particulars of First Appellate authority: 4. Date of receipt of the order appealed against: 5. Last date for filing the appeal: 6. The grounds for appeal: a) b) 7. Particulars of information:   i.  Nature and subject matter of the information required   ii. Name of the office or Department to which the   information relates   Place:                                              Signature of the Appellant Date: The Applicant should submit Copies of all previous Correspondence along with Orders.

12. IMPORTANT. • Some times it so happens that when you file an RTI application, let say for e.g. about garbage lying the your area. The PIO may or may not give you a reply, but because an RTI application was filed, garbage gets cleared. Here do not go further and appeal just because you did not receive a reply. Since your primary objective was that area should be cleared of garbage and you got the required result, be satisfied.

13. COURT FEE STAMP

14. CONCLUSION Right to Information Act 2005 [RTI] is a powerful tool in the hands of the citizens; it is up to the citizens to use it in a responsible manner and for a bonafide purpose only. Frivolous use or use with the intention of harassment will defeat the very objectives of this Act. Thanking you MOHAMMED AFZAL --- END ---