Transcript RIGHT TO INFORMATION

Capacity Building for Public Access to Information
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R.K.CHOUBISA B.A.(Hons), M.A., M.Phil.
Associate Professor [Public Administration]
HCM Rajasthan State Institute of Public
Administration, Jaipur-3020 17
e-mail: [email protected]
Mobile: 9414168624
Demand for Governance
TODAY
BACKGROUND
• Promote Transparency of Information
• Promote openness in administration
• Promote Accountability in the working of every
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW),
public authority
• Democracy requires an informed citizen
• Preservation of confidentiality of sensitive
information.
RTI IN INDIA-A Revolutionary Step
 Removing the veil of secrecy.
 Promote Transparency of Information.
 Promote openness in Administration.
 Promote Accountability in the working of every public
authority.
 Democracy requires an informed citizen.
 Empowerment of Citizenery.
 Preservation of confidentiality of sensitive information.
 Deeply rooted in Article 19(1).
 Building capacity of government officials as information
providers,
Administrative Accountability
Legislature
Executive
Political Leadership
Government
Judiciary
Bureaucratic Leadership
Citizen
RTI ACT 2005: FACT SHEET
The Right to Information Act, 2005 –
• Issued by Ministry of Law and Justice (Legislative
Department)
• Act of Parliament –Introduced in the Lok Sabha
on 23 December 2004, passed on 11 May 2005
by LS and 12 May 2005 by RS.
• President Assent : 15 June 2005
• Published in the Gazette of India Extraordinary
Part II New Delhi Tuesday 21 June 2005
Preamble
• To secure access to information under the
control of public authorities;
• To promote transparency and accountability
in the working of every public authority;
• To constitute a Central Information
Commission and State Information
Commissions;
6 Chapters, 31 sections &
2 Schedules
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• Chapter I Preliminary 2 sections
• Chapter II Right to Information and
obligations of public Authorities
Sections 3 to 11
• Chapter III The Central Information
Commission Section 12 to 14
• Chapter IV The State Information
Commission Section 15 to 17
• Chapter V Powers and functions to the
Information Commissions, Appeals
and Penalties Section 18 to 20
• Chapter VI Miscellaneous Section
21 to 31
EFFETCS:
Immediate Effect:
• Obligations of Public Authorities Section 4(1)
• Designation of PIOs and APIOs Sec.5 (1) & (2)
• Constitution of CIC and SIC Section 15 & 16
• Non applicability of the Act to Intelligence and
Security Organisations Section 24
• Power to make rules to carry out the provisions
of the Act by the Appropriate Government and
the Competent Authority Section 27 and 28
• Remaining provisions- 120th day of its
enactment (12 June 2005- 12 October 2005)
Salient Features
• A citizen has a right to seek information from a
Public Authority which is held by the Public
Authority or which is held under its control.
• The right to seek information from a Public
authority is not absolute. Section 8 and 9
enumerate the categories of information which
are exempt from disclosure.
Salient Features
• Public authorities to designate Public Information
Authorities and Assistant Public Information
Officers within 100 days of the enactment.
• Application for seeking information is to be made
to an officer of the Public Authority who is State
Public Information Officer. He is responsible to
deal with requests of information/assist persons
seeking information.
Salient Features
• The Act makes it obligatory for every Public
Authority to make suo-motu disclosure in
respect of the particulars of its Organization,
functions, duties etc. as provided in section 4 of
the Act.
• Transfer of a request by a Public authority to
another public authority wherein the subject
matter/information is held by the latter.
Salient Features
• A Citizen should make an Application to the
State Public Information Officer in writing in
English or Hindi or in the official language of the
area in which application is made.
• The Application is to accompany a Demand
Draft/Banker Cheque/Indian Postal Order of
Rs. 10 payable to the Accounts Officer of public
authority as fee prescribed.
Salient Features
• No prescribed form of application for
seeking information. It can be made on
plain paper with Name and complete
postal address of the applicant.
• The information seeker is not required to
give reasons for seeking information.
• Time limit-30 days/48 Hours/45 Days
Salient Features
• If an application is not supplied
information within the prescribed time or
not satisfied with the information
provided, he may prefer an appeal to the
first Appellate Authority who is an officer
senior in rank to the Public Information
Officer.
• No fees for making an Appeal
Salient Features
• Creation of an independent non judicial
machinery State Information Commission to
decide 2nd stage appeals.
• Legal framework of exercise of powers by
Commission defined in the Act.
• Two tier appellate Forum: 1. Appeal to
departmental officer senior to the PIO, 2. To the
Commission.
Salient Features
• If Appellant Authority fails to pass an order on
the appeal with in the prescribed period, if the
appellant is not satisfied with the order of the
First Appeal Authority, he may prefer a Second
Appeal with the State Information Commission
within 90 days from the date on which the
decision should have been made by the First
Appellant Authority or was actually received by
the Appellant.
Salient Features
• Provision of Complaint if the Public Information
Officer fails to satisfy or it is a case of refusal
access to any information requested under the
Act or it is a case of over charging etc. The
complaint can be made to the State Information
Commission.
• The Commission decides the appeals and
conveys its decision to the Appellant/
Complainant and First Appellant Authority.