Right To Information Act
Right To Information Act
Right To Information Act
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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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
Basic Tenets
Disclosure a rule and Secrecy an exception Transparency means public interest
CPIO/PIO/APIO
Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be
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Rupees two for each page in A-3 or smaller size paper; Actual cost or price of a photocopy in large size paper; Actual cost or price for samples or models; Rupees fifty per diskette or floppy; Price fixed for a publication or rupees two per page of photocopy for extracts from the publication; Ono fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction thereof; and So much of postal charge involved in supply of information that exceeds fifty rupees. BPL No fee.
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Disposal of Request :
The Central Public Information Officer or State
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
The burden proving that he acted reasonably or diligently is on the Central Public Information
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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(30/45/90
days)
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.
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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APPEAL CPIO-> FAL-> SC-> CIC A copy of the application submitted to the
central public information officer; A copy of the reply received, if any, from the central public information officer; A copy of the appeal made to the first appellate authority; A copy of the order received, if any, from the first appellate authority; Copies of other documents relied upon by the appellant and referred to in his appeal; and An index of the documents referred to in the 19 appeal.
Name and address or the appellant Name and address of the central public information officer to whom the application was addressed Name and address of the central public information officer who gave reply to the application Name and address of the first appellate authority who decided the first appeal Particulars of the application Particulars of the order(s) including number, if any, against which the appeal is preferred Brief facts leading to the appeal Prayer or relief sought Grounds for the prayer or relief Any other information relevant to the appeal Verification/authentication by the appellant
APPEAL FORMAT
Exemption clause in detail ( Second Schedule Sec 24) National security (18 Agencies)
Privacy
Foreign relation Danger to life & physical safety