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RIGHT TO INFORMATION ACT 2005

DIVYA MEHENDIRATTA RENUKA TARALE SAHIL DHAWAN KESA PRANEETH KUMAR SIDDHARTH JAIN GEETIKA KHANNA

D06 D16 D26 D36 D46 D56

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WHAT IS THE ACT

The Right to Information Act 2005 (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. This law secures information related to security of the State, sovereignty of the country and friendly relations with foreign states, and contains provisions which prohibit disclosure of nonclassified information.

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What does Right to Information mean?

It includes the right to Inspect works, documents, records. Take notes, extract or certified copies of documents or records. Take certified samples of material. Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.

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What is a Public Authority?

 Public authority" means any authority or body or institution of self- government established or constituted  (a)by or under the Constitution;  (b)by any other law made by Parliament  (c)by any other law made by State Legislature  (d)by notification issued or order made by the appropriate Government, and includes any  (i) body owned, controlled or substantially financed  (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government

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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. Building capacity of government officials as information providers,  Citizens as information seekers

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Demand for Governance

TODAY

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SCOPE OF RTI
 Central, State and Local Governments.  All bodies owned, controlled or substantially financed by these governments.  NGOs (Non Government Organizations) substantially financed directly or indirectly by appropriate government funds.   Executive, Judiciary and legislature wings. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered under a Statelevel RTI law.

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What is not open to disclosure?

 The following is exempt from disclosure. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

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What is not open to disclosure?

Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature. Information received in confidence from foreign Government. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.

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What is not open to disclosure?

Information which would impede the process of investigation or apprehension or prosecution of offenders Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual Notwithstanding any of these exemptions or the Official Secrets Act 1923, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests

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RTI PROCESS

A citizen who desires to obtain any information under the Act, should make an Application to the Public information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. He should make payment of application fee at the time of submitting the application as prescribed in the Fee Rules.

Fee for Seeking information: A person who desires to seek some information from a public authority is required to send, along with the application, a demand draft or a banker's cheque or an Indian Postal Order or cash(against receipt) of Rs.10/- , payable to the Accounts Officer of the public authority as fee prescribed for seeking information.

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RTI PROCESS
Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO). Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub-district levels to receive applications/appeals/ complaints. Forward to appropriate PIO.These will be existing officers. Information to be provided within 30 days; 48 hours where life or liberty is involved; 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies under Schedule II.

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DRAWBACKS
Poor quality of information provided. Low awareness level among people about rti. No adequate mechanism within the Public Authorities to implement the provisions of the Act. Failure to provide information within 30 days. The training of PIOs is a big challenge primarily due to a) huge number of PIOs to be trained. b) frequent transfers of PIOs to other posts. Obsolete record management Guidelines. Lack of Monitoring and Review mechanism.

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SUCCESS STORIES
Transparency in Public Distribution System for BPL Families. Exposing corruption in medicine procurement at Public Sector Unit. Payment of pension dues from Railways. Rajasthan villagers use RTI to end woes. Bad quality food served under the Mid Day Meal scheme.

Amity Business School

Amity Business School

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