Transcript Contd. - RTI OCC

Day 2
Introduction to Right to Information
Preamble and Definitions
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Presentation Scheme
 List of Abbreviations / Acronyms
 The Preamble
 Salient Features of the ‘RTI Act, 2005’
 Some Key Concepts / Definitions in the ‘RTI Act,
2005’
 References
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List of Abbreviations / Acronyms
APIO(s) Assistant Public
Information Oficer(s)
IC(s)
Information
Commission(s)
NGO(s) Non Government
Organisation(s)
PIO(s)
Public Information
Officers
RTI
Right to Information
Ss
Section(s)
PAs
Public Authorities
AG
Appropriate Government
CA
Competent Authority
FAA
First Appellate Authority
United Nations
Development Program
GOI
Government of India
UNDP
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Official Citation...
THE RIGHT TO INFORMATION ACT, 2005
(short title)
No. 22 of 2005
Note: This Act extends to the whole of India
except the State of Jammu and Kashmir.
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The Preamble…
An Act to provide for setting out the practical
regime of 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
and for matters connected therewith or incidental
thereto.
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The Preamble…
 The Preamble explains the rationale and the objectives
for enacting the ‘RTI Act, 2005 thus:
WHEREAS the Constitution of India has established
democratic Republic;
AND WHEREAS democracy requires an informed
citizenry and transparency of information which are vital
to its functioning and also to contain corruption and to
hold
Governments
and
their
instrumentalities
accountable to the governed;
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The Preamble………………………………………………………II
AND WHEREAS revelation of information in
actual practice is likely to conflict with other
public interests including efficient operations of
the Governments optimum use of limited fiscal
resources and the preservation of
confidentiality of sensitive information;
AND WHEREAS it is necessary to harmonise
these conflicting interests while preserving the
paramountcy of the democratic ideal;
Contd.
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The Preamble…………………………………………………….III
NOW, THEREFORE it is expedient to provide
for furnishing certain information to citizens
who desire to have it.
BE it enacted by Parliament in the Fifty-sixth
Year of the Republic of India as follows:(CHAPTER I of the ‘RTI Act, 2005’ immediately follows)
Contd.
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Salient Features of the ‘RTI Act,
2005’…
The Salient features of the Act are:
 Access to Information
 Duty to Furnish information
 Suo Motu and web based disclosures
 Limited exemptions.
 Overriding effect
Contd.
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Salient Features of the ‘RTI Act,
2005’………………….…………………II
 Exemptions - Specific class and prejudice based,
Qualified and time limited.
 Covers Private Body and Third Party Information.
 Penalty for non – compliance
 Independent and Non-judicial appellate mechanism.
 Empowerment of citizens
 The provisions of the Act are over-riding in
character.
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Paradigm Shift
BEFORE
1
2
3
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AFTER
Flow of Information Outwards (Citizen)
Inwards (Superiors)
From Information
To accountability and
Beyond
Legal Entitlement
Tool to fight
corruption & Arbitrary
use of Power
Arbitrariness
Ethical and
participatory
democracy
Contd.
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Paradigm Shift
Records Management
Setting Performance
standards (Optional)
Compulsory
Storage Driven
Retrieval driven
Contd.
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Definitions – Right to Information
Section 2(j)
right to information means the right to access information held
by or under the control of any Public Authority It includes the
right to:
(i) inspection of work, documents or records
(ii) taking notes, extracts or certified copies of documents
or records
(iii) taking certified samples of material
(iv) obtaining information – stored in a computer or in any
other device – in the form of diskettes, floppies, tapes,
video cassettes or in any form electronic mode or
through print outs.
Contd.
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Definitions - Information
Section 2 (f)
information means any material in any form and includes:
records
opinions
orders
papers
documents
advices
logbooks
samples
memos
press releases
contracts
models
e-mails
circulars
reports
data material held in
any electronic form
information relating to any private body which can be accessed by
a PA under any other law for the time being in force
Contd.
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Definitions - Record
Section 2(i)
Record includes:
any document,
manuscript and
file
any microfilm,
microfiche, and
facsimile copy of
a document
any reproduction
of images or
images
embodied in such
microfilm
(whether
enlarged or not)
Any other material
produced by a
computer or any
other device.
Note:’Record’ is included in the definition of ‘information’.
Contd.
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Definition - Appropriate Government
Section 2(a)
The Act defines an Appropriate Government (AG) in relation to a Public
Authority (PA).
PA:
AG:
established, constituted owned
controlled or substantially financed by
funds provided directly or indirectly by
the Central Government or the Union
territory administration
Central Government
established, constituted owned
controlled or substantially financed by
funds provided directly or indirectly by
the State Government
State Government
Contd.
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Definition - Competent Authority
Section 2 (e)
Competent Authority (CA) means:
1. Lok Sabha /Legislative Assembly >
2. Rajya Sabha/Legislative Council >
3. Supreme Court >
4. High Court >
5. For Constitutional bodies >
6. isFor
Union by
Territories
CA
required
the ‘RTI >Act, 2005’
to make rules for implementing its
provisions.
Speaker
Chairman
Chief Justice of India
Chief Justice of High Court
President or Governor as the case may be
Administrator appointed under Article 239
of the Constitution
A PIO can disclose information exempt under Section 8(1), (d) & (e) if
competent authority is satisfied that there is public interest in its
disclosure
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Definition - Public Authority
Section 2(h)




Any authority / body / institution of self-government
established or constituted by:

or under the Constitution (of India)

any other law made by Parliament

any other law made by State Legislature

notification issued or order made by the
appropriate government
Any –
body owned, controlled or substantially financed;
non-Government organisation substantially financed,
directly or indirectly by funds provided by the Appropriate
Government (AG)
Contd.
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Definition- Public Information Officer
(PIO)
 A PIO is an officer designated by the Public Authority:
 in any of its administrative units
 to provide information to persons requesting for information
under the Right to Information Act, 2005
 An APIO (Assistant PIO) is designated at each sub-divisional
level or other sub-district level, to receive the applications for
information or appeals, for forwarding the same to the PIO.
Note: The Act does not prescribe any number or levels for
designating PIOs. It has been left to a PA’s judgment to
determine an adequate number.
Accordingly, PAs have designated more than one PIO –
sometimes by even designating PIOs for particular function(s)
of the PA.
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Definition - First Appellate Authority
(FAA)
An officer senior in rank to PIOs in each PA to
receive appeals against the decision of a PIO:
 preferred by the requesters – within 30 days from the
receipt of the decision or within 30 days from the
expiry of period specified in S. 7(1) or S. 7(3)(a), if no
such decision was communicated. [S. 19(1)]
 preferred by third parties as per S. 11(4) – within 30
days from the date of the order as per S. 11(3). No
discretion for accepting appeals after 30 days is
available to the FAA in this case. [S. 19(2)]
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Summary: Who Receives
Applications / First Appeals…
Who?
What?
Level
First Appellate
Authority
Only hears first
appeals
Public Information
Officer
Receives
applications and
provides
information
Only receives
applications
Officer, senior in
rank to the Public
Information
Officer
In all
administrative
units or offices
Assistant Public
Information
Officer
At every subdivisional or other
sub-district level
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Definitions- Third Party and
Prescribed
Section 2(n)
third party means a person other than the citizen making a
request for information and includes a PA
Section 2(g)
prescribed a term used at several places in the Act –means
prescribed by rules made under this Act by the appropriate
government or the competent authority as the case may be
Contd.
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References

‘Right to Information Act’, 2005 – Bare Act.
A soft copy is available on this website. It is downloadable. Note:
The bare Act will be a key reference for this and all the later
chapters of this course.
Downloadable soft copies of the Act are also available on
www.rti.gov.in (RTI Portal), www.cic.gov.in (Website of the
Central Information Commission),
To access these other links, please copy and paste the link(s) in a new
browser window. Do not close the existing window.
These and other related resources may also be accessed from the
websites of The various State Information Commissions (where
available). Links to the State IC websites are available on
www.rti.gov.in
Contd.
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End of Day 2
You must take the Quiz for this Chapter before
proceeding to the next Chapter!
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