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Academic Associate – IIM Ahmedabad
8 YEARS OF RIGHT TO INFORMATION ACT IN INDIA : AN APPRAISAL KALPESHKUMAR L. GUPTA LL.M., MBL (NLSIU), M.Phil. (Law), PGDM Academic Associate – IIM Ahmedabad NATIONAL CONFERENCE ON STRENGTHENING PARTICIPATORY DEMOCRACY & GOOD GOVERNANCE January 5, 2014
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Outline of the presentation :- Introduction
Recent scenario of RTI in various states. RTI Applications and Findings Conclusion & Recommendation Video on Online RTI Q & A (C) K L GUPTA 1 2
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Introduction (C) K L GUPTA 1 3
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RTI Act, 2005 – October 13, 2005 Central Information Commission (CIC), New Delhi/ State Information Commission (C) K L GUPTA 1 4
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Recent Scenario (C) K L GUPTA 1 5
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Various options for RTI fees payment
Gujarat Right to Information Rules, 2010 Cash Bank Draft Indian Postal Order Court Fees Revenue Stamp Judicial Stamp Paper Electronic franking Challan (C) K L GUPTA 1 6
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Benches (C) K L GUPTA 1 7
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Video Conferencing Facility
(C) K L GUPTA 1 8
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Rs. 10 to be included in telephone bill.
(C) K L GUPTA 1 9
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(C) K L GUPTA 1 10
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Maharashtra set to become 1st state to allow online filing of RTI applications
DNA, Mumbai, December 26, 2013 To make the process of filing Right To Information (RTI) applications easy, Maharashtra will soon become the first state to enable people to seek information online under the Act. “People will soon be able to file RTI applications online,” Maharashtra information technology (IT) secretary Rajesh Aggarwal told dna, adding that the National Informatics Centre (NIC) was fine-tuning the system (C) K L GUPTA 1 11
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RTI Application & Findings
(C) K L GUPTA 1 12
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Central Information Commission
RTI Application in Central Information Commission Details asked…. Appeals Complaints Pendency of appeals/complaints Penalty Disciplinary action taken Findings…. Till October ,326 cases pending for disposal No details available about pendency of cases Vacancy of 6 posts of Information Commissioner Pendency of appeals/complaints Penalty Disciplinary action taken
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Gujarat State Information Commission
RTI Application in Gujarat State Information Commission Details asked…. Appeals Complaints Pendency of appeals/complaints Penalty Disciplinary action taken Findings…. As on October 31, 2013 total 10,318 cases are pending Commission does not have proper information of penalty levied, compensation awarded, disciplinary action taken RTI Appeal is missing filed against the High Court of Gujarat
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December 24, 2013
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Conclusion (C) K L GUPTA 1 16
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Conclusion After 8 years of existence RTI has not developed so far.
Lacuna in policies at state and central level. Disparity in RTI Rules of various states. Some states are doing good job but some not taking much initiative to flourish RTI Act. (C) K L GUPTA 1 17
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Recommendation (C) K L GUPTA 1 18
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Recommendation Full disclosure under 4(1)(b) of RTI Act.
RTI Application/Appeal forms standardization Various payment options for RTI application fees. Benches of Commission to be established in the state as per necessity. Whistle Blower’s Bill to be passed at the earliest. Video Conferencing facility at Commission’s office. Vacancies of Information Commissioners to be filled up at the earliest. Robust Centralized Online RTI Application/Appeal mechanism to be set up. Helpline Centre for RTI Application/Appeal. Intensive campaign for RTI Awareness. (Sec 26 RTI Act, 2005) (C) K L GUPTA 1 19
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Special Recommendation
(C) K L GUPTA 1 20
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Manual Application Various options for fees payment
Introduce RTI Stamp Fees (C) K L GUPTA 1 21
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Online Application/Appeal Figure 1 : Online RTI Application Flow
State District Public Authority Facilitation Centre Click on PA/FC Figure 1 : Online RTI Application Flow (C) K L GUPTA 1 22
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Figure 1 : Online RTI Application Flow
State District Public Authority Facilitation Centre Click on PA/FC Figure 1 : Online RTI Application Flow (C) K L GUPTA 1 23
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Figure 1 : Online RTI Application Flow
State District Public Authority Facilitation Centre Figure 1 : Online RTI Application Flow (C) K L GUPTA 1 24
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References :- 8 years on, RTI Act awaits proper implementation”, Hindustan Times, Shimla, November 17, 2013 available at accessed on December 15, 2013. Mukherji Anahita, “Maharashtra tops country in attacks, murder of RTI activists”, Times of India, December 22, 2013 available at accessed on December 22, 2013 Bhatia Varinder, “Haryana info body begins hearing pleas of RTI applicants through video-conferencing”, The Indian Express, Chandigarh, August 29, 2013 available at accessed on December 17, 2013 Maharashtra State Information Commission, accessed on December 17, 2013 Jankari Facilitation Centre, Bihar available at accessed on December 17, 2013 Chauhan Chetan, “Provide RTI Stamps as application fee : CIC”, Hindustan Times, New Delhi, September 5, 2013 available at accessed on December 17, 2013 Office Memorandum No. 1/1/2013-IR, Dated April 22, 2013 available at accessed on December 17, 2013 (C) K L GUPTA 1 25
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Kalpeshkumar L Gupta (c) K L Gupta 1 26
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