Right to Information Act, 2005_28.09.2010 Mr. Narayan Varma ...

What is it?
r2i
Narayan Varma

Words of Wisdom…
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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Preamble: to the RTI Act
“Whereas Democracy requires an informed
citizenry
and transparency of information
which are vital to its functioning
and also to contain corruption
and to hold Governments and their
instrumentalities accountable to the
governed.”
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Democracy In absence of
Informed citizenry
transparency & accountability
Is
off the people
buy the People
far the People
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Dr. Manmohan Singh (P.M. of
India) said…
“I believe that the passage of this Bill will see the
dawn of a new era in our processes of
governance,
governance, an era of performance and efficiency,
an era which will ensure that benefits of growth flow
to all sections of our people, which will eliminate the
scourge of corruption, which will bring the common
man’s concern to the heart of all processes of
governance, an era which will truly fulfill the hopes
of the founding fathers of our Republic.”
- In His Speech in Parliament on May 11, 2005
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United Nations General Assembly’s
Resolution
(in its first session in 1946)
Freedom of Information is a
fundamental human right
And
The touchstone of all freedom to which
the UN is consecrated
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International
History of RTI
Freedom of Information laws have existed since
1766, when Sweden passed its Freedom of the Press
Act, granting public access to government
documents
The US passed the Freedom of Information Reform
Act in 1966
Today RTI is operating in more than 85 countries in
the world. More than 20 countries are marching
towards legislating comprehensive laws to facilitate
access to information
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History of RTI in INDIA
In 1996, the draft Bill under the name of the
Freedom of Information Bill was submitted to the
Government of India. It became the Act in
2002,but never was notified
Meantime, many states made their own RTI Act:
Tamil Nadu (1996) Rajasthan & Karnataka (2000)
Delhi (2001) Assam & Maharashtra (2002)
Madhya Pradesh (2003) Jammu Kashmir (2004)
On June 15th, 2005, President APJ Abdul Kalam
gave his assent to the National Right to
Information Bill 2005
The Act became operative from 12th October, 2005
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The RTI Act is a tool helping to
ensure rights already promised
in the Constitution
Article -19- Right to freedom of speech
and expression.
Article -21- Right to life and liberty.
“ One man’s freedom of Information is
another man’s invasion privacy “.
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What does “Information” cover
[section 2(f)] ?
Records
Opinions
Memos Papers
Contracts
Documents
Press Releases
Emails
Circulars
Advices
Log Books
Reports
Models
Orders
Samples
Data Material in any electronic form
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What is NOT open to disclosure [section 8,items 10]
Includes
Any information 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.
Personal information
Information held in fiduciary relationship
LARGER PUBLIC INTEREST overrides many items of
exemption
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Form of Application:
Annexure A
1. Full Name of the Applicant
2. Address
3. Particulars of the Information required:
i Subject matter of information
ii The Period to which information relates
iii Description of the information required
iv Whether information required by post or in
person?
V In case by Post: ordinary, registered or speed
post?
4. Whether the applicant is below poverty line:
Date:
Signature of the applicant
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Application Procedure ….
• Form A or even letter will do,
even oral request can be made
• Make it focused, precise and brief
• No reason to give for seeking the information
(Section 6(2)
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Application Procedure
• Application fee has to be reasonable,
It varies : Rs. 10, Rs. 20, Rs 50 ……...
• Pay by Postal order / Court fees stamp or as
prescribed in the rules
• One gets response normally within 30 days
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Other significant provisions
of the RTI Act
• Commissions : Central & states
• Two appeals, order of CIC / SIC final
• Complaints to CIC / SIC, Penalty on PIOs
• suo motu disclosures : Provisions of Section 4
• Exclusions of certain organizations from the
application of the RTI Act
(Sec 24 & the second schedule)
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END & BEGINNING
I hope
You are motivated
to become an active user of
RTI Law and benefit you and
society and become catalyst for
better governance of our country.
MANY THANKS
NARAYAN VARMA
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