RIGHT TO INFORMATIONEvery citizen under the constitution has a rightto know the functional status of Government orPublic offices.RTI secure access to information that is undercontrol of Public Authorities.Which includes the right to-i) Inspection of work, documents, records;ii)Taking notes, extracts or certified copies ofdocuments or records;iii) Taking certified samples of material;
RIGHT TO INFORMATION ACT, 2005 SHORT TITLE OF THE ACT: “THE RIGHT TO INFORMATION ACT” 2005 OFFICIAL CITATION ACT NO. 22 OF 2005 DATE OF PRESIDENTIAL ASSENT 15TH JUNE, 2005
OBJECTIVE OF RTI ACTTo provide a legal framework of citizens’ democraticright to access to information under the control of publicauthoritiesTo promote transparency ensuring: accountability, harmonize conflicting interests and priorities in operations of government, and use of resources, realization of human rights and practice of revelation of information to preserve democratic ideals To promote accountability in the functioning of every public authority there by reduce corruption Better record keeping and decision making
TYPES OF INFORMATIONAny material in any form which provides informationregarding public functioning
INFORMATION DOCUMENTS RECORDS● circulars (a) any document,● orders manuscript and file;● logbooks (b) any microfilm, microfiche● contracts and facsimile copy of a● reports document;● papers● (c) any reproduction of samples● image or images embodied Models● in such microfilm (whether data material● enlarged or not) memos● e-mails (d) any other material● press releases produced by a computer or any other device;Information relating to any private body which can be accessed by apublic authority under any other law for the time being in force.
MODE OF COLLECTION Inspection of work, documents, records;ii) Taking notes, extracts or certified copies of documents or records;• Taking certified copies 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;
IDEALS OF GOOD TRANSPARENCY LAWMaximum Voluntary DisclosuresEasily accessible – cost effective, locallanguage, and effective method ofcommunication locally.Independent and Non-judicial appellatemechanismStringent Penalty for defianceEmpowerment of citizens
COVERAGE OF RTI ACT•Came into effect from 12 October, 2005 repealing ‘TheFreedom of Information Act, 2002’•Covers central, state and local governments, all bodiesowned, controlled or substantially financed bygovernment;•Non-government organization substantially financed,directly or indirectly by funds provided by theappropriate Govt.•Covers the executive, judiciary and legislature•Includes information relating to any private body whichcan be accessed by a public authority under any otherlaw for the time being in force
WHO HAS RIGHT TO INFORMATIONSubject to the provisions of this Act :All citizens shall have the right toinformation.Every public authority shall maintain all itsrecords duly catalogued , indexed,computerised and connected through anetwork all over the country on differentsystems so that access to such records isfacilitated.
SHIFTING PARADIGM UNDER THE ACT• PAST • PRESENT• Request Command• Access to Privilege few Open to Entire population• Opaque and unaccountable Transparency, open and system accountable system• Part of Right to Freedom of Part of constitutional Speech & expression guarantees under Fundamental Rules including Life and Liberty• Legal entitlement Tool to fight corruption & Arbitrary use of power• Arbitrariness Ethical & participative democracy• From Information To accountability & beyond• Flow of communication Inward (Superiors) Outward (Citizens)
RECORDS MANAGEMENT SHIFT• Storage Driven Retrieval Driven• Setting Performance Compulsory standards (optional)• Restrictive Regime Suo motu Disclosure•Improve Records Management by Computerization•Put more information suo motu in the Public Domain•Completeness of Information•Contextualize Information, so that its significance is self evident•Facilitating easy and relatively safe access for public•Provide quick relief and justice to public•Improve Decision Making process•Critically examine and stream line the existing operating procedures•Develop standards of performance/norms•Review operating Manuals•Set up Documentation/Learning Resource Centers
PUBLIC AUTHORITY Any authority or body or institution of self- government established or constituted-(b) by or under the Constitution;(c) by any other law made by Parliament;(d) by any other law made by State Legislature; Any authority or body or institution of self- government established or constituted-(d) by notification issued or order made by the appropriate Government including Non- Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government
ORGANISATION INFORMATION FLOW Every public authority shall publish within one hundred and twenty day from the enactment of this Act- The particulars of its organisation, and 16 other categories of Information as per sub-clauses (i) to (xvii) of s.4(1) (b) Every public authority shall- publish all relevant facts while formulating important policies or announcing the decisions which affect public. s.4(1)(c) Provide reasons for its administrative or quasi-judicial decisions to affected persons. s.4(1)(d) To provide as much information suo motu to the public at regular intervals through various means of communications
APPOINTMENT OF PUBLIC INFORMATION OFFICERS(PIO)•Every public authority shall, within one hundred days of theenactment of this Act, designate as many officers as theCentral/State Public Information Officers (PIO) in alladministrative units or offices under it as may be necessaryto provide information to persons requesting for theinformation under this Act. s.5(1).•At each sub-divisional level or other sub-district level as aCentral/State Assistant Public Information Officer toreceive the applications for information or appeals under thisAct for forwarding the same forthwith to the Central/StatePublic Information Officer•Every PIO shall deal with requests from persons seekinginformation and render reasonable assistance to the personsseeking such information.
PROCESS OF OBTAINING INFORMATIONApplication to be submitted in writing orelectronically, in English or Hindi or in the officiallanguage of the area with prescribed fee, to PublicInformation Officer (PIO).Where such request cannot be made in writing, thePIO shall render all reasonable assistance to theperson making the request orally to reduce the samein writing.An applicant shall not be required to give anyreason for requesting the information
DISPOSAL OF REQUESTThe PIO on receipt of a request shall, as expeditiously aspossible, and in any case within 30 days of the receipt of therequest, either provide the information or reject the request forany of the reasons specified in sections 8 and 9.Where an application for information or appeal is given toAPIO, a period of five days shall be added in computing theperiod for response.Where the information sought for concerns the life or libertyof a person, the same shall be provided within forty-eight hoursof the receipt of the request.DEEMED REFUSAL:If the PIO fails to give decision on the request for informationwithin the period specified the PIO shall be deemed to haverefused the request
ADDITIONAL FEESWhere a decision is taken to provide theinformation and additional fee is required as perrule, the PIO shall send an intimation to therequester, giving the details of further fees , thecalculations, requesting him to deposit that fees.The fee shall be reasonable if under rule and nosuch fee shall be charged from the persons who areof below poverty line.The requester shall be provided the informationfree of charge where a public authority fails tocomply with the time limits specified.
REJECTION OF REQUESTWhere a request has been rejected , the PIO shall communicate to therequester- (i)the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii)the particulars of the appellate authority.EXEMPTION FROM DISCLOSURE:(f)Information, disclosure of which would prejudicially affect thesovereignty and integrity of India, (b)The security, strategic, scientific or economic interests of the State,relation with foreign State or lead to incitement of an offence(c) information which has been expressly forbidden to be published by anycourt of law or tribunal or the disclosure of which may constitute contemptof court.(d) information, the disclosure of which would cause a breach of privilegeof Parliament or the State Legislature.(dd)Any information, which relates to or has been supplied by a third partyand has been treated as confidential
e) information including commercial confidence, tradesecrets or intellectual property, the disclosure of whichwould harm the competitive position of a third party(f) information available to a person in his fiduciaryrelationship,(g) information received in confidence from foreignGovernment.h) information, the disclosure of which would endanger thelife or physical safety of any person or identify(i) information which would impede the process ofinvestigation or apprehension or prosecution of offenders(j) cabinet papers including records of deliberations of theCouncil of Ministers, Secretaries and other officers beforedecision
(k) information which relates to personal information thedisclosure of which has no relationship to any publicactivity or interest, or which would cause unwarrantedinvasion of the privacy of the individual(l)The information which cannot be denied to theParliament or a State Legislature shall not be denied toany person.(m)A public authority may allow access to information, ifpublic interest in disclosure outweighs the harm to theprotected interests.(n)Infringes copyright, except of the state.
COMPETENT AUTHORITY UNDER RTI The Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly The Chairman in the case of the Council of States or Legislative Council of a State The Chief Justice of India in the case of the Supreme Court; The Chief Justice of the High Court in the case of a High Court; The President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; The administrator appointed under article 239 of the Constitution
CENTRAL/STATE INFORMATION COMMISSION Central Chief Information State Chief Information Commissioner Commissioner Central Information State Information Commissioners CommissionersCentral/State Information Commissioners, notexceeding ten, as may be deemed necessary
POWERSCIC/SIC will have powers of Civil Court such as-a)summoning and enforcing attendance of persons,compelling them to give oral or written evidence on oathand to produce documents or thingsb)requiring the discovery and inspection of documentsc)receiving evidence on affidavitd)requisitioning public records or copies from any court orofficee)issuing summons for examination of witnesses ordocumentsf) Any other matter which may be prescribed.
Power to secure compliance of its decisions from thePublic Authority includes: appointing a PIO where none exists.publishing certain information or categories ofinformationmaking necessary changes to the records management,maintenance and destruction procedures of the PublicAuthority.enhancing training provision for officials on RTI.Seeking an annual report from the Public Authority oncompliance with this law.Require it to compensate for any loss or other detrimentsuffered by the requestor.Impose penalties under this law.Reject the appeal.
FUNCTIONSInformation Commission has a duty to receive complaintsfrom any person- who has not been able to submit an information request because a PIO has not been appointed. who has been refused information that was requested. who has received no response to his/her information request within the specified time limit who thinks the fees charged are unreasonable. who thinks the information given is incomplete or false or misleading. and any other matter relating to obtaining information under this law. CIC may initiate inquiry in the above situations if there are reasonable grounds for so doing.
REPORTING BY CICCentral Information Commission(CIC) will send an annualreport to the Central Government on the implementation ofthe provisions of this law at the end of the year.Each report will contain details of number of requestsreceived by each Public Authority, number of rejections andappeals, particulars of any disciplinary action taken, amountof fees and charges collected etc.Each Ministry has a duty to collect and provide statistics ofits Public Authorities and send them to the CIC.Central Government will table the CIC report beforeParliament after the end of each year.
APPEAL FIRST APPEAL SECOND APPEALAny person who, does not receive Against the decision s.19(1) shall a decision within the time lie within 90 days from the specified or is aggrieved by a date on which the decision decision of the PIO may within should have been made or 30 days from the expiry of was actually received, with the such period or from the receipt Information Commission. of such a decision prefer an s.19(3) appeal to such officer who is The Information Commission shall senior in rank to the PIO in the give a reasonable opportunity public authority.s.19(1) of being heard to the third party If necessary. s.19(4)
APPEAL FIRST APPEAL SECOND APPEALWhere an appeal is preferred In any appeal proceedings, the against an order made by PIO onus to prove that a denial of a under s.11 to disclose third party request was justified shall be information, the appeal by the on the PIO who denied the concerned third party shall be request. s.19(5) made within 30 days from the date of the order. s.19(2) The decision of the Information Commission shall be binding.The first appeal shall be disposed of s.19(7) within 30 days of the receipt of the appeal or within such It has the power to require the extended period not exceeding a public authority to compensate total of 45 days from the date of the complainant for any loss filing thereof,, for reasons to be or other detriment suffered. recorded in writing. s.19(8)
WHERE THE ACT IS NOT APPLICABLENothing contained in this Act shall apply to theintelligence and security organisations specified inthe Second Schedule.Information pertaining to the allegations ofcorruption and human rights violations shall not beexcluded.But in such case of information sought for in respectof allegations of violation of human rights, theinformation shall only be provided after the approvalof the Central Information Commission, suchinformation shall be provided within 45 days from thedate of the receipt of request.
PENALTY Where the Information Commission is of the opinion that the PIO has, without any reasonable cause:● refused to receive an application for information● has not furnished information within the time specified● malafidely denied the request for information● knowingly given incorrect, incomplete or misleading information● destroyed information● obstructed in any manner in furnishing the information It shall impose a penalty of 250 rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed 25000 rupees.
IMMUNITY FOR ACTIONS IN GOOD FAITH.The PIO shall be given a reasonable opportunity ofbeing heard before any penalty is imposed on him:Provided further that the burden of proving that heacted reasonably and diligently shall be on the PIO.It shall recommend for disciplinary action againstthe PIO if persistently violates the provisions of theAct.
PROMOTING AWARENESSNational Conference -To disseminate knowledge of new law and to work through implementation and harmonisation.Establish an empowered Committee to look into creatingeasy to use common modalities.Design an inclusive implementation process in collaborationwith multiple stakeholders.Develop participatory Rules and open for full PublicComment.Identify and Train PIOs and appellate authorities.Publish Directory of PIOs and other key officialsClarify responsibility for managing, monitoring and Interfacingwith Information Commission and nodal agency.
PROMOTING AWARENESSDevelop an Action Plan for implementation - Identify systems and tools need to be developed /produced. - Guidance notes for officials, Process Manuals, IT Monitoring Systems, Forms, Template Responses, etc.Review and improve Records ManagementProcess ReengineeringGuidelines on content and methods of Publication ofProactive Disclosure obligation.Clarify the application process.Develop Training Strategy.Set in place application & appeal monitoring system.Design out reach strategy.
hospiad Hospital Administration Made Easy http//hospiad.blogspot.com An effort solely to help students and aspirants in their attempt to become a successful Hospital Administrator. DR. N. C. DAS