1. RIGHT TO INFORMATION ACT 2005 PURPOSE Transparency Transparency Accountability Accountability ALL CITIZENS SHALL HAVE THE RIGHT TO INFORMATION Came into force on 12.10.2005

2. Applies to? All citizens including public servants have the right to access information under the control of Public Authorities. All citizens including public servants have the right to access information under the control of Public Authorities. Public Authority? Authority constituted by Public Authority? Authority constituted by Constitution Constitution Parliament law or State law Parliament law or State law Govt. notification Govt. notification

3. Is NWR a Public Authority? We treat the Divisions as separate entities. We treat the Divisions as separate entities. Relevance of question: Relevance of question: Transfer of cases and time-frame Transfer of cases and time-frame

4. RTI includes right to: Inspect work & records Inspect work & records Take certified samples of material Take certified samples of material Take notes, extracts, certified copies of documents/ records Take notes, extracts, certified copies of documents/ records Obtain information in the form of print outs, floppies, tapes, video cassettes, other electronic modes Obtain information in the form of print outs, floppies, tapes, video cassettes, other electronic modes

5. What is a “record” ? Document, manuscript, file Document, manuscript, file Microfilm, microfiche, fax copy of document Microfilm, microfiche, fax copy of document Any other material produced by the computer or other device Any other material produced by the computer or other device

6. OBLIGATIONS OF PUBLIC AUTHORITIES Maintain records catalogued and indexed  computerization, networking for easy access Maintain records catalogued and indexed  computerization, networking for easy access Publish certain particulars within 120 days Publish certain particulars within 120 days Publish relevant facts while formulating policies/ decisions affecting public Publish relevant facts while formulating policies/ decisions affecting public Provide reasons for administrative/ quasi-judicial decisions to affected persons Provide reasons for administrative/ quasi-judicial decisions to affected persons Suo moto provide information ->minimize need for resorting to RTI Suo moto provide information ->minimize need for resorting to RTI Form of dissemination- easily accessible Form of dissemination- easily accessible In 100 days, designate PIOs and APIOs In 100 days, designate PIOs and APIOs Info should be free or at cost of medium only Info should be free or at cost of medium only

7. DISSEMINATION Notice boards Notice boards Newspapers Newspapers Public announcements Public announcements Media broadcasts Media broadcasts Internet Internet Inspection of offices Inspection of offices Other means Other means

8. FACTORS TO CONSIDER Cost effectiveness Cost effectiveness Local language Local language Most effective medium in the local area Most effective medium in the local area

9. PARTICULARS TO BE PUBLISHED (to be widely disseminated in easily accessible forms and updated annually) Particulars, functions and duties of the organization Particulars, functions and duties of the organization Powers, duties of officers & employees Powers, duties of officers & employees Procedure followed in decision making including channels of supervision Procedure followed in decision making including channels of supervision Norms set for discharge of functions Norms set for discharge of functions Rules, regulations, instructions, manuals, records used Rules, regulations, instructions, manuals, records used Statement of categories of documents held Statement of categories of documents held

10. PARTICULARS TO BE PUBLISHED (contd.) Details of arrangement of consultation/ representation of public in policy formulation or implementation Details of arrangement of consultation/ representation of public in policy formulation or implementation Statement of boards, councils, committees constituted as its part or for advising it  meetings, minutes accessible to public or not? Statement of boards, councils, committees constituted as its part or for advising it  meetings, minutes accessible to public or not? Directory of officers and employees Directory of officers and employees Their monthly remuneration Their monthly remuneration Budget, plans, proposed expenditure Budget, plans, proposed expenditure Particulars of concession recipients Particulars of concession recipients Facilities available for obtaining information Facilities available for obtaining information Name, designation, particulars of PIO Name, designation, particulars of PIO Details of info held in electronic form Details of info held in electronic form

11. Role of PIO and APIO PIO  provides information to anyone requesting for it PIO  provides information to anyone requesting for it APIO  receives applications and forwards them to PIO APIO  receives applications and forwards them to PIO

12. To the extent possible, info should be easily accessible in electronic format with PIO.

13. Functions of PIO Deal with requests for information Deal with requests for information Offer reasonable assistance to applicant Offer reasonable assistance to applicant Provide access-enabling assistance to sensorily disabled Provide access-enabling assistance to sensorily disabled Seek assistance from any other officer as considered necessary Seek assistance from any other officer as considered necessary Take decisions regarding revelation of 3 rd party info Take decisions regarding revelation of 3 rd party info For the purpose of contravention of this act, such other officer will be treated as PIO. For the purpose of contravention of this act, such other officer will be treated as PIO.

14. PIO Functions: Administrative viewpoint Monitoring RTI cell working Monitoring RTI cell working Ensuring maintenance of RTI Cell base records Ensuring maintenance of RTI Cell base records Compilation & sending of RTI info to R.Bd. for CIC Compilation & sending of RTI info to R.Bd. for CIC Forwarding appeals (to App Auth, to CIC) Forwarding appeals (to App Auth, to CIC) Liaison with Nodal officers Liaison with Nodal officers

15. FEES Information should be free of cost or at prescribed cost of medium/printout Information should be free of cost or at prescribed cost of medium/printout No fees are to be taken from those below the poverty line No fees are to be taken from those below the poverty line If additional fees (cost of providing info) are required, PIO has to give calculations to information seeker, and details of appeal rights If additional fees (cost of providing info) are required, PIO has to give calculations to information seeker, and details of appeal rights If time limits passed, info to be given free If time limits passed, info to be given free

16. PRESCRIBED FEES Governed by RTI (Regulation of Fee and Cost) Rules, 2005 Governed by RTI (Regulation of Fee and Cost) Rules, 2005 Rs.10 for application Rs.10 for application Rs.2 per printed page Rs.2 per printed page Rs.50 per floppy Rs.50 per floppy

17. REQUESTS FOR INFORMATION Will be made to PIO/APIO Will be made to PIO/APIO Will specify info particulars Will specify info particulars To be in writing/ electronic means (if it can’t be in writing, PIO will assist to reduce oral request to writing) To be in writing/ electronic means (if it can’t be in writing, PIO will assist to reduce oral request to writing) In Hindi, English, Official language of the area In Hindi, English, Official language of the area Accompanied by prescribed fee Accompanied by prescribed fee No reason required No reason required No personal details required except for contacting No personal details required except for contacting To be transferred to another public authority if pertains to them (in 5 days)  applicant to be informed  can be part transferred To be transferred to another public authority if pertains to them (in 5 days)  applicant to be informed  can be part transferred

18. DISPOSAL OF REQUESTS: TIME-FRAME In 30 days if direct to PIO In 30 days if direct to PIO In 35 days if through APIO In 35 days if through APIO In 48 hours if life & liberty at stake In 48 hours if life & liberty at stake If redirected, in 5 days If redirected, in 5 days If not given in time, deemed refused If not given in time, deemed refused Submission to be asked from 3 rd party in 5 days Submission to be asked from 3 rd party in 5 days

19. DISPOSAL OF REQUESTS: TIME-FRAME (contd.) If further fees required, period between dispatch of request and deposit of fees will not count (Further fees will only cover cost of providing the info, as prescribed) (Further fees will only cover cost of providing the info, as prescribed)

20. HOW TO DISPOSE Give the information right away Give the information right away Give on payment of further fees Give on payment of further fees Transfer to another Public Authority Transfer to another Public Authority Refuse with reasons (as per exemptions in the Act) Refuse with reasons (as per exemptions in the Act) Ask for 3 rd party submission  further action thereupon Ask for 3 rd party submission  further action thereupon

21. CASES OF REJECTION PIO has to communicate 1. Reasons for rejection 2. Allowable period of appeal 3. Particulars of Appellate Authority

22. SOME EXEMPTIONS Prejudices sovereignty, security, scientific/economic interests of India Prejudices sovereignty, security, scientific/economic interests of India Forbidden to be published by Court Forbidden to be published by Court Breach of privilege of legislature Breach of privilege of legislature Impedes process of investigation Impedes process of investigation Reveals source of confidential info given for law enforcement/security purposes Reveals source of confidential info given for law enforcement/security purposes Endangers life or safety of anyone Endangers life or safety of anyone Involves infringement of copyright not held by the State Involves infringement of copyright not held by the State Cabinet papers Cabinet papers

23. MORE EXEMPTIONS Harms competitive position of 3rd party Harms competitive position of 3rd party Information available in fiduciary relationship Information available in fiduciary relationship In these cases, the info may be disclosed if the competent authority* is satisfied that the larger public interest so warrants (*as defined in the Act  for Rlys, President) (*as defined in the Act  for Rlys, President) Personal information unlinked with public activity Personal information unlinked with public activity Resulting in invasion of privacy of individual Resulting in invasion of privacy of individual In these cases, PIO / Appellate Authority may disclose the information if the larger public interest so warrants

24. Provisos to Exemptions Information which cannot be denied to the Parliament/State Legislature cannot be denied to anyone Information which cannot be denied to the Parliament/State Legislature cannot be denied to anyone If public interest outweighs harm to protected interests, Public Authority can allow disclosure. If public interest outweighs harm to protected interests, Public Authority can allow disclosure.

25. Twenty Years Ago….. However, any information about events However, any information about events which happened 20 years ago is to be provided, unless the sovereignty of India or Breach of privilege of Parliament/legislature is at stake. Cabinet papers: always exempt.

26. SEVERABILITY If the record contains exempted information in parts, PIO can give that part of the record which can be reasonably severed. If the record contains exempted information in parts, PIO can give that part of the record which can be reasonably severed. Notice has to be given to applicant stating that info is only part, reasons for the decision, who gave the decision, details of fees, details of right to review including designation of App Authority Notice has to be given to applicant stating that info is only part, reasons for the decision, who gave the decision, details of fees, details of right to review including designation of App Authority

27. THIRD PARTY If info to be disclosed was supplied in confidence by a third party, then: If info to be disclosed was supplied in confidence by a third party, then: 1. In 5 days, invite submission from 3rd party 2. Submission to be in 10 days 3. Keep submission in mind 4. In 40 days of receipt, take decision to disclose if public interest outweighs harm to 3 rd party

28. THIRD PARTY POST DECISION ACTION Give notice of decision to 3 rd party, stating his appeal entitlement Give notice of decision to 3 rd party, stating his appeal entitlement Appeal period: 30 days from order  no proviso for late appeal in 3 rd party cases Appeal period: 30 days from order  no proviso for late appeal in 3 rd party cases 2 nd appeal to CIC, in 90 days 2 nd appeal to CIC, in 90 days CIC will give reasonable opportunity to 3 rd party to be heard CIC will give reasonable opportunity to 3 rd party to be heard

29. FIRST APPEAL To officer senior in rank to PIO To officer senior in rank to PIO To be preferred in 30 days from expiry of period/ date of receipt of decision (if good reasons, may accept even later) To be preferred in 30 days from expiry of period/ date of receipt of decision (if good reasons, may accept even later) Grounds Grounds Decision not received in time Decision not received in time Aggrieved by decision Aggrieved by decision

30. Appeal Disposal In 30 days of receipt of appeal In 30 days of receipt of appeal May extend to 45 days with written reasons May extend to 45 days with written reasons

31. Second Appeal Lies with CIC Lies with CIC In 90 days (later if good reasons) In 90 days (later if good reasons) We have to accept and forward 2 nd appeals too We have to accept and forward 2 nd appeals too

32. Information Commissions Central- Chief Information Commissioner Central- Chief Information Commissioner State- State Chief Information Commissioner State- State Chief Information Commissioner

33. POWERS OF I C s Receive complaints regarding Receive complaints regarding 1. No PIO appointed 2. PIO refused to accept application for info or appeal to AA or CIC or appeal to AA or CIC 3. Refused access 4. Time limit expired & no response 5. Unreasonable fee 6. Info incomplete or false 7. Any other matter of RTI Can initiate inquiry Can initiate inquiry Has powers like Civil Court Has powers like Civil Court Onus on PIO to prove refusal was justified Onus on PIO to prove refusal was justified

34. CIVIL COURT POWERS of IC IC has powers like a Civil Court trying suit under Civil Procedure Code: Summon, enforce attendance Summon, enforce attendance Compel oral/written evidence on oath Compel oral/written evidence on oath Compel to produce documents, things Compel to produce documents, things Receive evidence on affidavit Receive evidence on affidavit Requisition public records from any court/office Requisition public records from any court/office Issue summons to examine witness/document Issue summons to examine witness/document Any other prescribed matter Any other prescribed matter No document under the Public Authority to which the Act applies can be withheld from IC, notwithstanding any other Act of Parliament

35. POWERS OF I C s (contd.) Can require the Public Authority to Provide information in particular form Provide information in particular form Appoint PIO Appoint PIO Publish certain info Publish certain info Change practices relating to record management Change practices relating to record management Enhance provision of training on RTI Enhance provision of training on RTI Compensate complainant Compensate complainant Provide annual report Provide annual report I C can impose penalties I C can impose penalties

36. PENALTIES IF PIO WITHOUT REASONABLE CAUSE Refused to receive application Refused to receive application Did not furnish info in time Did not furnish info in time With malafide intention denied request With malafide intention denied request Knowingly gave incorrect info or destroyed subject info Knowingly gave incorrect info or destroyed subject info Obstructed furnishing of info Obstructed furnishing of infoThen…

37. PENALTIES (contd.) Rs.250 per day up to Rs. 25000 (max) Rs.250 per day up to Rs. 25000 (max) till application taken/ information furnished If PIO persistently repeats the defined If PIO persistently repeats the defined actions, then… CIC can recommend disciplinary action against PIO against PIO

38. PENALTIES (contd.) IC will give notice of appeal rights to complainant/ public authority IC will give notice of appeal rights to complainant/ public authority PIO will be given reasonable opportunity to be heard before penalty imposition PIO will be given reasonable opportunity to be heard before penalty imposition Burden on proving reasonableness, diligence on PIO Burden on proving reasonableness, diligence on PIO Protection of action taken in good faith Protection of action taken in good faith

39. REPORTING Each dept to furnish information annually to CIC regarding: No. of requests received No. of requests received No. of denials, Act provisions of deial decisions No. of denials, Act provisions of deial decisions No of appeals to IC, nature, outcome No of appeals to IC, nature, outcome Particulars of disciplinary action taken Particulars of disciplinary action taken Amount of charges collected Amount of charges collected Recommendations of reform Recommendations of reform Efforts of Public Authority to administer the Act Efforts of Public Authority to administer the Act Based on this, report of CIC will be tabled before Parliament

40. OVERRIDING EFFECT OF THE ACT Over Official Secrets Act 1923 Over Official Secrets Act 1923 Any other law for the time in force Any other law for the time in force Any instrument having effect by virtue of any law other than this Act Any instrument having effect by virtue of any law other than this Act Freedom of Info Act 2002 repealed Freedom of Info Act 2002 repealed

41. TO BE DONE… Analyze RTI implications in day-to-day working, notings Analyze RTI implications in day-to-day working, notings Filing policy and systematic implementation Filing policy and systematic implementation Physical maintenance of records Physical maintenance of records Computerisation- info retrieval Computerisation- info retrieval RTI dealing machinery in all depts RTI dealing machinery in all depts

42. TO BE DONE…(contd.) Compilation and dissemination of Compilation and dissemination of Suo moto info Suo moto info Obligatory info Obligatory info Clarity in each dept regarding exemptable info Clarity in each dept regarding exemptable info Process of accountal, refund of cash receipts Process of accountal, refund of cash receipts Record mgmt at RTI cell for reporting to Bd, CIC Record mgmt at RTI cell for reporting to Bd, CIC Training Training

43. RECORDS REQD. AT RTI CELL 1. Application Registration Register  Need to link cash receipt & registration Establish common ground for direct, postal, email requests Establish common ground for direct, postal, email requests Record number of requests for reporting Record number of requests for reporting Track history of case thru the reg. no. Track history of case thru the reg. no. Monitoring of target date with ref to cash receipt date (same as reg date) Monitoring of target date with ref to cash receipt date (same as reg date)

44. MORE… 2. Rejection Register, provisions of the Act used 3. Appeals Register, nature, outcome of appeals 4. RTI D&AR Records, CIC ordered cases, follow up action taken 5. Movement and accountability 6. Application fee, refunds, cash accountal system

45. Need to Standardize Forms/Responses Applications Applications RTI Cash Receipts RTI Cash Receipts Appeals to AA Appeals to AA Appeals to CIC Appeals to CIC Notice to 3 rd party Notice to 3 rd party Decisions to 3 rd party Decisions to 3 rd party Rejections Rejections Reply to email applications Reply to email applications Reply to postal applications Reply to postal applications Request for further fees Request for further fees Transfer case responses Transfer case responses

46. Possible Structure for RTI Cell Registration Section :Public Interface Registration Section :Public Interface Registration ( applications, appeals), inward transfer cases, emails, postal requests, provision of info/refusal, Application & Rejection records Registration ( applications, appeals), inward transfer cases, emails, postal requests, provision of info/refusal, Application & Rejection records Cash counter: Fee collection, accountal, refund, records Cash counter: Fee collection, accountal, refund, records Info processing: putting up requests, liaison with nodal officers, arranging inspections, appeals, outward transfers, 3 rd party, related records Info processing: putting up requests, liaison with nodal officers, arranging inspections, appeals, outward transfers, 3 rd party, related records Efficiency: compilation, reporting, monitoring Efficiency: compilation, reporting, monitoring

47. THANK YOU FOR YOUR PATIENCE! Susmita Srivastava, Dy.CAO/G/NWR