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Right To Information Act (RTI Act)

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RIGHT TO

INFORMATION ACT
(RTI Act)

RTI
What is RTI Act?
• Central legislation.
• Grants access to information held by a public
authority.
• Flows from two fundamental rights enshrined in
the Constitution:
– Article 19- Freedom of speech and expression
– Article 21- Right to life and liberty
• Enacted: 15 June, 2005 & Enforced: 12 October,
2005.
RTI
Aim and Objectives of RTI Act
• To bring Transparency & Accountability in the working of
every public authority.

• The right of any citizen of India to request access to


information and the corresponding duty of Govt. to meet
the request.

• The duty of Govt. to pro-actively make available key


information to all.

• A responsibility on all sections: citizenry, NGOs, media.


RTI
Chronology of RTI Laws in
India
• Tamilnadu, Goa 1997
• Rajasthan, Karnataka 2000
• Delhi 2001
• Maharashtra, Assam 2002
• Madhyapradesh 2003
• Jammu and Kashmir 2004

RTI
Status of RTI Laws in the
World

RTI
What is Information?
• Information means any material in any form:

i.e. records, documents, memos, e-mails,


opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material in any
electronic form, information relating to any
private body which can be accessed by a public
Authority.

[Section 2(f)]
RTI
What is a Record?
• Record includes:
– Any Document, Manuscript, File
– Any Microfilm, Microfiche, Fax
– Any Reproduction of film or images embodied
in such a film
– Any other material produced by a computer or
other electronic device
[Section 2(i)]

RTI
Right to information means
the right to:
• Inspect works, documents, records.
• Take notes, extracts, certified copies of
documents and records.
• Take certified samples of material.
• Access information in the following forms:
– printouts, diskettes, floppies, tapes,
videocassettes and other electronic mode.
[Section 2(j)]
RTI
Who can you demand
information from?
• Public Authority:
Any institution/authority/body of self-
government established or constituted:
– By or under the Constitution
– By any law made by Parliament
– By any law made by State Legislature
or the NGO substantially financed by
government
[Section 2(h)]
RTI
PIOs: Who are they and what
are their obligations?
• Public Information Officers (PIOs) are designated
in every public authority to provide information to
applicant.
• Their Duties:
– Respond to information requests.
– Give all reasonable assistance including
making application in written format.
– If requested information is with another PA, the
PIO will transfer the application within 5 days
and inform the applicant immediately.
[Section 6]
RTI
Duties of PIO
• Respond to a application within 30 days:
– Provide information on payment of fee.
– Reject the application with reasons.
– If information concerns life or liberty of
applicant, respond within 48 hours.

• If the PIO fails to do any of the above within 30


days, he shall be cosidered to have refused the
request.
[Section 7]
RTI
When information is rejected:

• The PIO will have to communicate to the


applicant:
– The reasons for the rejection.
– The period within which the appeal against
such rejection may be preferred.

[Section 7(8)]

RTI
Penalty
• The CIC/SIC shall impose a penalty of Rs 250/-
per day

• Total amount will not exceed Rs 25,000


– Not furnishing information in 30 days.
– Misleading the applicant.
– Providing wrong information.
– Not computerizing data and uploading on website.

[Section 18]
RTI
How do you request for
information?
• Keep the questions short and specific.
• Duty of PIO to ensure that the application
reaches the correct PA.
• No need to give reasons for making the
application.
• No prescribed application format: some PAs
have their own form but cannot enforce
compliance.

RTI
Fee that you have to pay:
Central
• Rs 10 has to be deposited along with the
application form.
• Rs 2 has to be paid for every page of information
sought.
• Actual cost price for any samples or models.
• For inspection of records, no charge for the first
hour: but a charge of Rs 5 for every 15 minutes
thereafter.
• Actual cost price for paper larger than A3 size.
• Rs 50 for information provided on a diskette.
RTI
• Though RTI can be used by people in
several ways, like developmental works,
rations, etc, but the people uses RTI
wherein they have to pay bribes to get
their legitimate work done in any
Government Department, either due to
expectation of bribe or due to simple
laziness of the concerned officials.

RTI
"You need not pay bribes any more
in this country. Now you have an
effective alternative – Right to
Information. Use RTI. Often, it
works faster than bribes."

RTI
Bibliography
• www.rti.gov.in
• www.righttoinformation.org
• www.wikipedia.com

RTI
THANK YOU

RTI

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