Transcript Slide 1

RIGHT TO INFORMATION
ACT 2005
RECEIVED THE ASSENT OF
THE PRESIDENT ON
15 JUNE 2005
FULL ACT CAME INTO
FORCE FROM
12 OCTOBER 2005
(1) An empowering legislation for citizen to secure access to information to
strengthen dynamics of participatory democracy.
(2) Democracy requires
(i) informed citizenry
(ii) transparency of information with objectives to :
(a) hold the government responsible to the governed and
(b) contain corruption
(3) Right to information instrumental in the exercise of Freedom of Speech &
Expression (Right to Freedom, Art 19 (a)
(4) Harmonizing conflicting interests between democratic ideals and need for
confidentiality
(5) (i) Act covers all the government establishments and other institutions,
Non-governmental organisations substantially financed, directly or indirectly by
government.
6. Roles & Responsibilities of :
(a) The Government – The public authorities – The public information
officers,
(b) The Information Commission
(c) The Public
7. Government Central / State
Obligations of Public authorities
i. Maintain records to facilitate access to information, initiate voluntary
disclosers to disseminate information suo motu to the public at
regular intervals through various means of communications and also
make information accessible to SPIOS so that they can provide the
same to public (Sec 4). This is the mother of all disclosures.
ii. Designate Public Information Officers to receive requests and
provide information (Sec 5).
iii. Constitute Central / State Information Commissions Section 12 & 15
and provide officers, employees & other logistic support
iv. Issue notification for exempting intelligence and security
organisations from the operation of this Act. Exemption shall not
include allegations of corruption and human rights violation Sec
24(4).
v. Collect and provide information to the Commission to enable it to
prepare report on the implementation of the Act, Sec 25(2).
vi. Cause the report of the commission to be laid before Parliament /
Assembly. Section 25 (4)
vii. Organise educational programmes to promote effective participation.
Section 26 (1)
viii. Prepare user guides for citizens,update & publish guidelines at regular
intervals {(Sec 26(2),(3) & (4)}.
ix. Notify rules prescribing fees / procedure for appeals etc. (Secs. 27&
28)
8. Obligations / responsibilities of the State Public Information Officers /
Public authorities.
i. Deal with requests for information and render all reasonable
assistance to the petitioners (Section 5(3) & (4) 6(1) & 7(1)
ii. APIOS to receive & forward petitions / appeals to the SPIOS/
State Information Commission. (Section 5 (2)
iii. Public authorities to transfer misdirected requests to appropriate
authorities (Sec. 6 (3)
iv. Officers whose requests is sought by the SPIOS will be treated as
SPIOS for the purpose of any contravention of the Act {Sec 5 (5)}
v. Disposal of requests for information within time limits & procedure
prescribed Section 7 (1) to 7 (8).
vi. Information to be ordinarily provided in the form it is sought
vii. While furnishing /refusing information exemptions relating to : a)
Primacy of public interest (Sec 8), b) copy right protection (Sec 9), c)
access to part information (Sec 10), d) and third party information
(Sec. 11) are to be factored in
viii. Subject to exemptions information relating to any occurrence event or
matter which has taken place, occurred or happened twenty years
before the date of request shall be provided.
9. Appeals(Sec.19)
(a) 1st appeal to designated appellate officer senior in rank to SPIO
within 30 days (Sec 19)
(b) (b) 2nd appeal to the Information Commission within 90 days, Sec
19 (3)
(c) Onus of proof to justify the denial of information to be of SPIOS,
Sec 19(5).
10. Responsibilities of the Commission
Status : To function autonomously without being subjected to
direction by any other authority , sec 15 (4)
The Information Commissioners are appointed for a 5 year
tenure by the Governor on the recommendation of the committee
consisting of the Chief Minister, the Leader of the opposition and
another Cabinet Minister nominated by the C M. The State Chief
Information Commissioner is equated with the Election
Commissioner of India and his pay & allowances & other service
conditions are governed by the provisions of the Supreme judges
(Salaries and Conditions of Service ) Act 1958 . The State Information
Commissioner is at per with the Chief Secretary to the state
government.
Powers and function :
i. Original jurisdiction : Inquire into complaints (Sec 18)
ii. Appellate jurisdiction :Hear appeals (Sec 19)
iii. Transfer misdirected petitions Section 6 (3)
iv. Commission vested with the powers of civil courts while trying a suit
under the Code of Civil Procedure 1908. Sec 18 (3)
v. No record which the commission wants to examine to be withheld
(Section 18 (4)
vi. Decision of the Commission shall be binding, Sec 19(7).
vii. Imposition of penalties: Rs. 250/- a day up to Rs. 25000/-Sec 20(1)
viii. Awarding compensation to the complainant (Sec 19 (8) (b)
ix. Recommending for disciplinary action Sec 20 (2)
x. Monitoring and reporting (Section 25 (1) (3) & (4)
xi. Recommending steps to be taken by Public authority for promoting
conformity to the Act, Sec 25(5).
11. Special features
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Disclosure is the rule & denial of information is an exception as
the Act has overriding effect on official secrets Act 1923 and any other
laws. Sections . 8(1)(f) proviso, 8(2),18(4), 19(5), 22 read together
makes it clear that access to information is a matter of right unless
otherwise exempted.
*
Protection of action taken in good faith (sec 21)
*
Bar of jurisdiction of Courts (Sec.23)
12. Responsibilities of the public
• To become aware of the Rights under this Act
• To make requests on specific issues.
• To avoid requests on vague and imaginary issues.
• Not to consider this Act as an instrument for procuring employment
• The Act provides shield of protection from misgovernance and
sword to combat corruption
•
Thank you