Transcript YASHADA’s Role in Promoting Maharashtra Right To

Right To Information Act
AMR-APARD
The Real ‘Swaraj’ will
come not by the
acquisition of authority
by a few but by the
acquisition of capacity
by all to resist authority
when abused. –
Mahatma Gandhi
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Access to Information Laws Around the World
Green – Comprehensive access law enacted
Yellow – Pending effort to entact law
White – No law
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Constitutional Base
• Article 14 : Right to Equality- Equal
treatment before law
• Article 19 : Right to Freedomfreedom of Speech and Expression
• Article 21 : Protection of Life &
Personal Liberty
[Proviso 7(1)- within 48 hours]
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RIGHT TO INFORMATION
PARADIGM SHIFT
An act which will be implemented by the
people and acted upon by the government
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Basic Tenets
• Disclosure a rule and Secrecy an exception
• Transparency means public interest
• Public Interest overrides
• It is a part of Global Process.
• Governance will improve
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Information means
• Information includes records, documents, memos,
e-mails, opinions, advises, press releases,
circulars, orders, log-books, contracts, reports,
papers, samples, models, data held in electronic
form. Also includes information relating to any
private body which can be accessed by a public
authority.
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Right to information means
• Inspection of work, documents, records
• Taking notes, extracts, or certified copies of
documents or records
• Taking certified samples of material
• Obtaining information in the form of
diskettes, floppies, tapes, video cassettes or
in any other electronic mode or through
printouts where such information is stored
in a computer or in any other device
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Obligations of Public Authorities :
• Every public authority shall maintain all its
records duly catalogued and indexed in a
manner and form, which facilitates the right
to information
• Shall also publish the information of the
organization regarding structure, functions
and duties, procedure followed, decision
making process, directory of officers and
employees, names and designations of
public information officers etc.,
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Procedure for obtaining information :
• Every person seeking the information shall request
orally or in writing or through electronic means
paying the requisite fees at the following rates :
• In respect of public authorities at the Village Level
– No fee ;
• In respect of public authorities at Mandal Level –
Rs. 5/- per application ;
• In respect of public authorities other than those
covered above – Rs. 10/- per application ;
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The sale price of publications printed matter, text, maps,
plans, floppies, CDs, samples, models or material in any
other form.
e) Other than priced material :
i) Material in printed or text form (in A4 or A3 size
paper) Rs.2/- per each page per copy;
Material in printed or text form in larger than A4 or A3
size paper - actual cost thereof;
Maps and plans – actual cost thereof;
Information in Electronic format viz., Floppy, CD or
DVD:
(a) Rupees fifty for Floppy of 1.44 MB;
(b) Rupees one hundred for CD of 700 MB; and
(c) Rupees two hundred for CD (DVD).
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• Samples and models – actual cost thereof;
• vi) Inspection of records – no fee for the first
hour; and a fee of rupees five for each fifteen
minutes (or fraction thereof) thereafter;
• vii) Material to be sent by post – the actual postal
charges in addition to the charge payable as per
the rules.
• The applicant is not required to give any reason or
any other personal details except those that may be
necessary for contacting him.
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Disposal of Request :
• The Central Public Information Officer or State
Public Information Officer within 30 days either
provide information or reject with reasons and the
period within which appeal can be preferred and
particulars of the appellate authority.
• If the information sought for concerns the life and
liberty of a person, the same shall be provided
within (48) hours of the receipt of request.
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Disposal of Information of Third Party :
• A Central Public Information Officer or State Public
Information Officer intends to disclose any
information which relates to a third party and treated
as confidential by that third party, he shall be invited
to know whether the information should be disclosed.
• Except, in case of trade or commercial secrets
protected by law, disclosure may be allowed if the
public interest in disclosure outweighs in importance
any possible harm or injury to the interest of such
third party.
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Penalties provided under the Act :
 Require the public authority to compensate the
complainant
for
any
loss
or
other
detriment
suffered.
 Impose
a
penalty
of
Rs.250/-
each
day
not
exceeding Rs.25,000/- till application is received or
information furnished.
 Also recommend for disciplinary actions against
Central Public Information Officer or State Public
Information Officer under Service Rules applicable
to them.
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 The burden proving that he acted reasonably or
diligently is on the Central Public Information
Officer or State Public Information Officer.
 The Penal provisions are the real teeth of the Act,
which if properly implemented will bring the rule of
law into governance.
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Important Provisions
• PIOs for every public authority – 30 days
period for providing information
• Senior officer to be appellate authority
• Fixed time for disposal of appeals.
• Provision for deemed disposal at PIO as
well as Appellate level.
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• Penalty to be imposed by information
commissioner after opportunity to be heard –
burden of proof on PIO
• Fees levied also can be challenged.
• Third party clause is included.
• Proactive disclosure is mandatory.
• Information which can not be denied to the
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Cont … Important Provisions
• Parliament or the state Legislature can not
be denied to any person.
• Administration of the act & second appeal
vested with Information Commission.
• RTI Act 2005 overrides Official Secret Act.
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Available Information & Common Man
Proactive Disclosure
Before
After
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Exemption clause in detail
• National security
• Trade secrete/IPR/copy right
• Privacy
• Foreign relation
• Danger to life & physical safety
• Impede the investigation
• Cabinet papers
• Public interest v/s protected interests
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Monitoring
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Quantitative and qualitative – devise formats
Trainings and workshops
Consultation and review
Involve Civil society
Responsive government
Continuous improvement by issue of
guidelines.
• Periodical evaluation & Monitoring & Annual
report.
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Monitoring and Reporting:
 The
Central
Information
Commission
or
State
Information Commission as the case may be, shall
prepare a report on the implementation of the Act
at the end of every year and forwarded it to the
appropriate Government.
 The respective Government cause a copy of such
report to be laid before each House of Parliament
and State Legislature as the case may be.
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OFFICIAL SECRETS ACT 1923
THEN
NOW
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RTI in APREGS
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Gram Sabha - MMS,VOs role
Muster Rolls – Read out while closing
Wall writing on details of works
Photos, videos before & after work
Execution of works through peoples estimates
Demystification of measurement of work
Panchayat Secretary, P.O.,PD,DWAMA are
information officers
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