Presentation by

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Maharashtra Right to Information Act, 2002

• Presentation by

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What is Right to Information?

• Recognized by the Supreme Court as a part of
  Right to Freedom of Speech.
• People have a right to ask for information.
• It is the duty of the government and public
  bodies to provide this information.

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How information helps

• Information helps to
• Increase Transparency
• Increase Accountability
• Reduce Corruption
• Increase Efficiency
• Increase Participation

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Maharashtra Right to Information Act, 2002

• Notified on 11th August, 2003, with retrospective
  effect from September 23, 2002
• Nine States in India have Acts on RTI
• MRTI is one of the best Acts

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What information can you ask for?

• Information regarding affairs of the government
  or any Public Authority.
• Any information available to Parliament / State
  Legislature.

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Suo Moto Disclosures

• Particulars of organization
• Functions and duties
• Rules regulations
• Facilities for obtaining information
• Details of Public Information Officers etc
• Particulars of projects undertaken
• Eg. benefits, expected time for completion etc

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Information exempt from disclosure

• Which affects national security, international
  relations or lead to incitement of offence. -
  Special Committee to decide
• Has been forbidden by law, Official Secrets Act
• Commercial information eg. trade secrets etc
• Personal information or service records
• Which endangers life or safety of a person

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Other grounds for refusal

• Even if not exempted, information may be refused
  if
• Already published in Official Gazette
• Required by law to be published at a particular
  time
• Volume is too large

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Exempted information can be disclosed

• When in larger public interest eg. commercial /
  personal information.
• When it can be severed from an exempted document.
• After the decision is taken or deemed to have
  been taken.
• Pertains to a matter 15 years before request.

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How to ask for information

• Every department has one or more Public
  Information Officers (PIOs)
• Written applications to be made to the PIO on
  plain paper in format
• Court fee stamp of Rs. 10/- on application

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Fee Structure

• The price fixed postage charges (unless
  collected personally)
• 50 paise per page postage charges (unless
  collected personally)
• If information readily available
• Rs. 2/- per page postage charges (unless
  collected personally)
• If information needs to be collected

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When to expect a response

• Within 15 working days, the PIO has to either
• Supply the information.
• Reject the request and communicate the reasons.
• Communicate if additional fees required
• Communicate if additional 15 days required.
• Imp Within 24 hours if involves life and
  liberty of a person

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Rejection of requests

• If rejected on certain grounds, the PIO must
  communicate within 15 days
• Reasons for rejection
• Time within which appeal can be made
• Person to whom appeal is to be made (First
  Appellate Authority)

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Appeals

• First Appeal
• To be made to the first Appellate Authority
  within 30 working days, on plain paper in a
  format with court fee stamp of Rs. 20/- if
• No communication from PIO within 15 working days
• Aggrieved by the order of the PIO

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Appeals..contd

• Second Appeal if aggrieved by order of 1st
  Appellate Authority
• To Lok Ayukta or Up-Lok Ayukta (in format as 1st
  appeal)
• Decision is final
• All appeals to be disposed off within 30 working
  days
• (or extended period of further 30 days )

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Penalties

• Rs. 250/- per day of delay
• Rs. 2000/- if knowingly wrong, misleading
  information given.
• Disciplinary Action can also be taken

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Monitoring of the Act

• State - level Council
• Councils in every Revenue Division
• Councils are to meet at least once in six months

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Competent Authority

• Competent Authority means
• Heads of Administrative Departments
• Registrar of Co-operative Societies / Societies
• Charity Commissioner / Commissioner of Labour
• Secretary of MPSC
• Registrar of Lok Ayukta and Up-Lok Ayukta

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Duties of Competent Authority

• Appoint PIOs
• Serve as First Appellate Authority
• Maintain records
• Publish details of organizations
• Communicate facts about any projects

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Public Authority

• Means any body
• Constituted / controlled / owned by any State or
  Central Law
• Receiving aid from government
• Whose functions are of public interest
• Whose office bearers are appointed by the
  government.

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Summing Up

• 1st STEP Application to PIO
• 2nd STEP Appeal to 1st Appellate Authority
  
• 3rd STEP Appeal to 2nd Appellate Authority
  (Lok Ayukta / Upa Lok Ayukta)