Presentation on Right to Information Act 2009 as a tool to improve

Report
Presentation on
Right to information Act 2009
As a tool to improve
Transparency in public affairs
On
25.11.2014
Ms Richa Sabharwal
Law Officer ,NHM, J&K
 Introduction
 History
 Aims
of the Act
and Objectives of the
Act
 Applicability
 Key
of Act
Provisions of the Act
Introduction
A good system of administration presupposes the existence of a mechanism for
handling grievances against administrative
action and such factor justifies the
recognition of a right of every member of
public what passes in government files.
Government openness is a sure guarantee
against administrative faults. A government
which revels
in secrecy, not only acts
against democratic decency
but buises
itself with its own burial. Right to know the
truth is basis of all other rights.
Openness in government is bound to act
as a powerful check on the misuse of
power by government and a good device
to minimize administrative faults. Open
government is a new democratic culture of
an open society towards which every liberal
democracy is moving and our country is no
exception.
Thus in order to promote
transparency and accountability in the
working of every Public Authority, RTI Act
2009 was enacted
History of the Act


Enacted by
Jammu and Kashmir State
Legislature
Date Of Enactment
20th March 2009
Aims and Objective of the Act



To secure access to information under the
control of Public Authorities.
To promote transparency and
accountability in working of every Public
Authority.
To strengthen the concept of Open
Government
Applicability of Act

Extends to whole State of J&K
Key Provisions of the Act
What does information mean?
Information means any material in any
form including records, documents,
memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks,
contracts, reports, papers, samples,
models, data material held in any
electronic form and information relating
to any private body which can be
accessed by a public authority under any
other law for the time being in force but
does not include "file notings"
Who can avail Right to information
under Right to information Act
2009?
 Every
person residing in the
state of J&K.
What does a "public authority"
mean?
It means any authority or body or
institution of self-government
established or constituted
 by or under the Constitution;
 by any other law made by
Parliament;
 by any other law made by State
Legislature;
Condt…



by notification issued or order made by
the appropriate Government and
includes anybody owned, controlled or substantially
financed
non-Government organization
substantially financed directly or
indirectly by the appropriate
Government
Obligation of Public Authorities





Maintain all records
Publish particulars of
Organisation,functions and duties
Powers &duties of officers and
employees
Norms set by it for discharge of its
functions
Rules ,regulations instructions
Condt…






Manuals records held by it or under its
control or used by its employees for
discharging its functions.
Statement of categories of documents.
A directory of its officers and
employees
The monthly remuneration received by
its officers and employees.
Budgetary plans
The names ,designation and other
particulars of the PIOs.
Condt…




To update information every year.
The budget allocated to each of its
agency, indicating the particulars of
all plans, proposed expenditures and
reports on disbursements made;
The manner of execution of subsidy
programmes, including the amounts
allocated
and
the
details
of
beneficiaries of such programmes;
Particulars
of
recipients
of
concessions, permits or authorizations
granted by it;
Designation


Public authority can designate as many
as Officers as PIOS as per the need.
Designation of APIOs
Request for information
Request for information can
be made to the following: PIO
 APIO
Transfer of application

If subject matter of application concerns
other public authority

Applicant to be informed about the
transfer

If part of application concerns other public
authority, copy of application sent

Transfer to be done within 5 days

If there is delay in transfer PIO
responsible
Disposal of request
Time
limit
30 days
48 hours
5 days added
(35 days )
30 days
48 hours
 *time
in calculating the fees
shall be excluded from the
prescribed time period.
*
Failure to decide within time
deemed as refusal
When request has been rejected



Reason
given.
for
rejection
must
be
Period within which an appeal
against such rejection may be
preferred
The particulars
authority.
of
Appellate
Fees
S.no
Situation
Fees
1
BPL
Exempted from payment of fee.
2
A-4 or A-3 size paper
created or copied.
a copy in larger size
paper
samples or models
Rupees 2 for each page
For inspection of
records
For information
provided in diskette or
floppy
For information
provided in printed
form diskette or floppy
no fee for first hour and a fee of Rs 5
for each 15 minutes thereafter.
Rs 50 per
3
4
5
6
7
Actual charge or cost price
Actual charge or cost price
At the price fixed for such publication or
Rs 2 per page of photocopy for extracts
from the publication.
Safeguards against disclosure





Affecting the sovereignty and integrity of
India, security, Strategic, scientific or
economic interests of state, relation with
foreign state or lead to incitement of an
offence
Forbidden to be published by any court or
may lead to contempt of court
Breach of privilege of Parliament or State
Legislature
Commercial confidence, trade secrets or
intellectual property of third party
Information in confidence from foreign govt.
Condt…
Endanger life or safety of any
person
or
identify
source
of
information
 Impede the process of investigation
or apprehension or prosecution of
offenders
 Cabinet papers
 Personal
Information in fiduciary
relationship
 Invasion of privacy

Severability
If a part of information which is
required is not allowed to be
disclosed then such part is not
required to be replied and
applicant to be informed about
the same.
 PIO to give notice in this regard.
to the applicant.

Third party Information
Information
supplied by third party to be
treated as confidential, PIO must cause a
notice to third party inviting his submission
within 5 days. Except trade secrets,
disclosure may be made if the public interest
outweighs.
The third party within ten days to make
representation on disclosure.
PIO to decide within 40 days make a
decision as to whether or not to disclose
information and inform about the decision
taken in this regard to Third party.
Condt…
 Third
party to whom notice is
given may prefer an appeal within
30 days from the receipt of such
order.
 Sec.
19. ( Third party to be
heard
before
imparting
information)
Provisions with regard to
Appeal.
First Appeal

Any officer senior to PIO

Appeal within 30 days

Decide within 30 days extendable
to 45 for reasons to be given in
writing
Second Appeal





A second appeal is the last option under the
RTI Act to get the information requested.
Lies to State Information Commissioner
Decision of State Information Commission
shall be binding
Time Limit is 90 days from the date of
receipt of decision of first appeal
If Appeal relates to information of a third
party then third party shall be given an
opportunity to put forward its view.
Condt…


The state information Commission
to dispose of the appeal within 30
days.
and the said period of 30 days is
extendable to 120 days but in
this regard reasons have to be
given.
Grounds of Appeal






Non acceptance of requests
Refusal of access to information
No response to request within time
limit
Fees considered unreasonable
Incomplete,
misleading
or
false
information
Any
other
matter
relating
to
requesting or obtaining access to
records.
Condt…









Appeal to State Information Commission
Within 90 days of date when decision
should have been made or when information
was actually received
Onus to justify denial on PIO
No limit on SIC to decide
SIC has powers of civil court
May seek compliance of Act
Reject
Impose Penalties
Award compensations
Contents of Appeal





Name and address of the applicant
Name and address of the PIO, against the
decision of whom the appeal is preferred.
Particulars of the order including the number,
if any. Against which the appeal is preferred.
Brief facts leading to appeal
If the appeal is preferred against deemed
refusal , the particulars of the application,
including number and date , name and address
of the PIO to whom application was made.
 Prayer
Condt..
of relief sought.
 Grounds for the prayer.
 Verification by the appellant ;
and
 Any other information which
the commission may deem
necessary for deciding the
appeal.
Documents to accompany
Appeal.



Self attested copies of the Orders or
documents against which the appeal is
being preferred.
Copies of the documents relied upon by
the appellant and referred to in the
appeal and
An index of the documents referred to
in the appeal.
Procedure in deciding appeal
Same procedure to be followed by
commission as it is followed in civil
proceedings
 And the commission shall have all
the powers as exercised by the
Civil Courts

Modes of Serving of Notice
by the Commission.
 By
the party itself
 By hand delivery
 By registered post
 Through HoD of the
Department.
Penalties
S.no
Offence
Penalty
1
Refusal to receive an
application
Penalty of Rs 250 each day
till information is furnished
2
Not furnishing of information
within stipulated time period.
Penalty of Rs 250 each day
till information is furnished
3
Intentionally denial of
information
Penalty of Rs 250 each day
till information is furnished
4
Providing misleading or
incomplete information.
Penalty of Rs 250 each day
till information is furnished
•Amount of such penalty shall not exceed Rs 25,000
*PIO must be afforded reasonable opportunity of being heard.
*Burden of Proof lies on PIO.
Disciplinary action
Condt…
While deciding appeal SIC is of the opinion that PIO
without any reason
 has failed to receive application requesting for
information or
 Failed to provide information within the stipulated
time or
 Intentionally denied information or
 Provided misleading or incomplete information or
 Destroyed any information which was subject of
request or
 Obstruct in any manner in providing information
Miscellaneous

Protection of action taken in good Faith

Bar of Jurisdiction of courts.

Act not applicable to certain Organizations.

Monitoring and Reporting
Status of RTI Applications
recieved by State Health Society
S.no
Year
Applications received
1
2012-13
27
2
2013-14
46
3
2014- till date
23
Thank You!!!

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