Yesterday I kept an RTI seminar in Bhiwandi for handful audience/ enthusiastic learner.
This youth group has recently started an NGO and they were clueless what to do. I advised them to focus on bringing better governance in the city and explained them how RTI can be helpful in this.
I am re-producing here what I explained them.
RTI (Right to Information)- Its history, background and power:
I explained them that RTI really empowers people and it makes people a real inspector of the government work and activities, it makes people auditor of the every work the government department carry.
What kind of information asked under RTI
Any kind of information from day to day decision taken on the department, work carried out, deadline, reason for delay. Anything means anything can be asked. Only following information cannot be asked in RTI.
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
What is information under RTI
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)].
Examples:
1. You cannot ask information on ongoing investigation like who is the witness of a particular crime ( as it hindrances progress in the investigation and also put people's life in the risk who are the witness) but you can ask reason for delay in investigation and expected date of completion.
2. You cannot ask name of the officers working for RAW (Research and Analysis Wing) their identity working in different nation.
3. You cannot ask to government who is applicant for the tender and the amount they have quoted till the contract is not awarded (commercial interest) but once tender is awarded, you can access all documents, information and materials.
Who are covered under Right to Information Act
Any Central Government department and bodies
Any State Government department or bodies including local bodies like Municipal Council, Municipal Corporation, Gram Panchayat, Zilla Parishad
Any institute/ companies or body including NGOs getting any kind of grant from central or state government.
How to seek information from a private body then?
One of the enthusiastic youth asked this question like in Bhiwandi, electricity distribution is given to Torrent Power Ltd. They are overcharging bill.
I explained them that they cannot file RTI application to Torrent Power but MERC (Maharashtra Electricity Regulatory Commission) is the body who decide the tariff and MSEDCL (Formerly MSEB) who has given franchisee to Torrent power. So anything related to torrent power they can ask through MERC (like what was the allowed tariff given to Torrent Pwer Ltd, decision making process and basis for the same.
Similarly, there is definitely a body of government under whose control the private bodies, private companies come.
Reader should also keep this thing in mind.
Whom to approach for getting information under RTI
I explained them that as per the RTI Act, it is compulsory to have a Public Information Officer (PIO)and he has to reply within 30 days and if he does not reply you can apply to Appellate Authority (AA) and even if AA does not reply within 30 days, file second appeal to State Information Commission for state government department and to central Information Commission (CIC) for central government department.
I explained them that the State Information Commission is conferred with the power of an ordinary court for the matter related to RTI and if it uses its power, it can order for inquiry against the concerned PIO and AA too.
The next question was- what if information commissioner is also corrupt? Valid question. We can expect that. In that case, they can file an appeal to state high court then to honourable supreme court. I assured them that in most of the cases, it will not be required to go upto that extent.
Another question: How to find out who is PIO and who is AA
First of all, ask the department to hand over you copy of the suo motu disclosure under section 4(1) (b) of the RTI Act. As per this Act, it is mandatory for all department to have a copy of the suo motu disclosure and provide it free of the cost to general public. All information should be kept and distribute in electronic format like through website etc. It should contain following details at least:
1. Powers and duties of officers/employees
2. Procedures followed in the decision making process including channels of supervision and accountability;
3. Norms set by it for discharge of its functions
4. Rules, regulations, instructions, manuals and records held by it for discharge of functions
5. Statement of categories of documents held by the organization or under its control
6. Particulars of any arrangement that exists for consultation with or representation by, the members of the public in relation to the formulation of its policy or implementation thereof.
7. List of boards, Councils, Committees and other bodies and the minutes of the meeting which are accessible to the public
8. Monthly remuneration of officers/employees including the system of compensation as provided in its regulations
9. Budget allocated to each agency indicating the particulars of all plans, proposed expenditure and reports on disbursements made
10. Manner of execution of subsidy program and details of beneficiaries of such programmes ex. Scholarships.
11. Particulars of recipients of concessions and permits and authorizations granted by it
12. Details in respect of the information available in an electronic form
13. Facilities available for obtaining information including working hours of a library or reading room, if maintained for public use
14. Directory including email address and telephone numbers of its officers and its employees
15. Names and designations of Public Information Officers and First Appellate Authority
So they will get name and details of PIO and AA. If it is not possible for them to collect it, they should simply address it to The PIO c/o Head of that particular body like The PIO C/o Commissioner, Bhiwandi Nizampur Municipal Corporation, Bhiwandi- 421302, Thane, Maharashtra
They were happy knowing after this. Even you must ask for Suo Motu disclosure from every government department.
The 3 essential way of getting information under RTI
People often misunderstand that RTI means just filing an application by paying Rs. 10 as court stamp fee and wait for one more month, there are other ways of RTI too. Getting information under Right to Information Act is through following 3 ways:
1. Suo Moto Disclosure under section 4 (1) (b)- Please refer above points.
Suo Moto disclosure actually provides all required information thats too free of the cost so citizen should ask it as a matter of right and they need not to write an application for this. If the PIO refuse to provide then give a simple letter asking this document and take acknowledgment from the PIO.
2. Right to Inspection under section 2(j)(i) of the RTI Act
I informed them that most people ignore this fact and the true power of the RTI Act- Right to Inspect. This actually save lot of time, money and gives power in the people's hand. Section 2 (j) clarifies information includes
(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) 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;
So they can even take sample of the work. Like, if they know that road construction work is happening, visit directly to the PIO's office ask them that they want to take sample of the products / materials being used and then take the sample, get it sealed/ signed and certified by the PIO, send it for testing and expose them. They can check any file other than the exempted one and it will add lot of worry to them.
For example:
They can visit a college and ask for the students who are shortlisted for admission and can ask documents to inspect all application form received and check if they have done anything wrong in that, Similarly they can inspect applications and documents related to job application in government department and so on.
3. Application under section 6(1): If they do not get satisfactory information from above two measures, then only they should file application under this to obtain information. In Maharashtra, cost is Rs. 2 per A4 size page.. I also advised them that if they feel information will be thousands of page, then ask the same information on CD which will save the cost.
RTI success stories
I told them that how RTI application repaired road in Bhiwandi (from Anjurphata till Octroi Naka) which was pending for almost 2 years. How they activated online complaint tab on its website http://www.bncmc.gov.in
Actually on 18.04.2013, I filed an RTI application and asked them for information on the agency maintaining website of Bhiwandi Nizampur City Municipal Corporation, deadline given to them for completing the entire website development including inactive tab of filing online complaint, profile of the corporators, online facilities.
They sent me reply on 08th May 2013 (The date mentioned on their reply) and informed me that it is active from 07th May 2013)- So it was another success that now citizen could file online complaint. Iasked them the list of illegal construction in Bhiwandi on website, they did not check about the point but today I could see list of all illegal construction (although few major they have skipped) on website.
Although they have not replied to all the information I asked but it was working at some extent so I urged them that without fear they should identify a problem and file an RTI application.
This will definitely improve the city's condition. I told them that despite of having a well corporate job, still I insist on this thing, fight with them, file RTI application to improve the situation. They must take responsibility to improve the situation. I advised them to divide the work among them, visit department and insist for inspection every day and on a Sunday, we all can sit together and decide further course of action.
I am available to hold such RTI session anywhere in Bhiwandi, Thane, Mumbai Vasai, Kasara, Karjat, Asangaon to share my experiences and experiment about it and how an RTI application can bring changes.
I will not charge, no need to worry about it :)
I am re-producing here what I explained them.
RTI (Right to Information)- Its history, background and power:
The Right to Information Act 2005 provides effective access to information for citizens of India, which is under the control of the public authorities. It promotes transparency and accountability in the working of every public authority. It extends to the whole of India except the state of Jammu and Kashmir. In order to ensure greater and more effective access to information, it was decided to repeal the Freedom of Information Act, 2002 and enact another law for providing an effective framework. To achieve this object, the Right to Information Bill was introduced in the Parliament and was passed by the Lok Sabha on 11th May, 2005 and by the Rajya Sabha on 12th May, 2005 and it received the assent on 15th June, 2005. It came on the Statute Book as THE RIGHT TO INFORMATION ACT, 2005 (22 of 2005. RTI came as an order of honourable supreme court of India that right to information is a fundamental right which result into freedom of expression.
I explained them that RTI really empowers people and it makes people a real inspector of the government work and activities, it makes people auditor of the every work the government department carry.
What kind of information asked under RTI
Any kind of information from day to day decision taken on the department, work carried out, deadline, reason for delay. Anything means anything can be asked. Only following information cannot be asked in RTI.
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
What is information under RTI
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)].
Examples:
1. You cannot ask information on ongoing investigation like who is the witness of a particular crime ( as it hindrances progress in the investigation and also put people's life in the risk who are the witness) but you can ask reason for delay in investigation and expected date of completion.
2. You cannot ask name of the officers working for RAW (Research and Analysis Wing) their identity working in different nation.
3. You cannot ask to government who is applicant for the tender and the amount they have quoted till the contract is not awarded (commercial interest) but once tender is awarded, you can access all documents, information and materials.
Who are covered under Right to Information Act
Any Central Government department and bodies
Any State Government department or bodies including local bodies like Municipal Council, Municipal Corporation, Gram Panchayat, Zilla Parishad
Any institute/ companies or body including NGOs getting any kind of grant from central or state government.
How to seek information from a private body then?
One of the enthusiastic youth asked this question like in Bhiwandi, electricity distribution is given to Torrent Power Ltd. They are overcharging bill.
I explained them that they cannot file RTI application to Torrent Power but MERC (Maharashtra Electricity Regulatory Commission) is the body who decide the tariff and MSEDCL (Formerly MSEB) who has given franchisee to Torrent power. So anything related to torrent power they can ask through MERC (like what was the allowed tariff given to Torrent Pwer Ltd, decision making process and basis for the same.
Similarly, there is definitely a body of government under whose control the private bodies, private companies come.
Reader should also keep this thing in mind.
Whom to approach for getting information under RTI
I explained them that as per the RTI Act, it is compulsory to have a Public Information Officer (PIO)and he has to reply within 30 days and if he does not reply you can apply to Appellate Authority (AA) and even if AA does not reply within 30 days, file second appeal to State Information Commission for state government department and to central Information Commission (CIC) for central government department.
I explained them that the State Information Commission is conferred with the power of an ordinary court for the matter related to RTI and if it uses its power, it can order for inquiry against the concerned PIO and AA too.
The next question was- what if information commissioner is also corrupt? Valid question. We can expect that. In that case, they can file an appeal to state high court then to honourable supreme court. I assured them that in most of the cases, it will not be required to go upto that extent.
Another question: How to find out who is PIO and who is AA
First of all, ask the department to hand over you copy of the suo motu disclosure under section 4(1) (b) of the RTI Act. As per this Act, it is mandatory for all department to have a copy of the suo motu disclosure and provide it free of the cost to general public. All information should be kept and distribute in electronic format like through website etc. It should contain following details at least:
1. Powers and duties of officers/employees
2. Procedures followed in the decision making process including channels of supervision and accountability;
3. Norms set by it for discharge of its functions
4. Rules, regulations, instructions, manuals and records held by it for discharge of functions
5. Statement of categories of documents held by the organization or under its control
6. Particulars of any arrangement that exists for consultation with or representation by, the members of the public in relation to the formulation of its policy or implementation thereof.
7. List of boards, Councils, Committees and other bodies and the minutes of the meeting which are accessible to the public
8. Monthly remuneration of officers/employees including the system of compensation as provided in its regulations
9. Budget allocated to each agency indicating the particulars of all plans, proposed expenditure and reports on disbursements made
10. Manner of execution of subsidy program and details of beneficiaries of such programmes ex. Scholarships.
11. Particulars of recipients of concessions and permits and authorizations granted by it
12. Details in respect of the information available in an electronic form
13. Facilities available for obtaining information including working hours of a library or reading room, if maintained for public use
14. Directory including email address and telephone numbers of its officers and its employees
15. Names and designations of Public Information Officers and First Appellate Authority
So they will get name and details of PIO and AA. If it is not possible for them to collect it, they should simply address it to The PIO c/o Head of that particular body like The PIO C/o Commissioner, Bhiwandi Nizampur Municipal Corporation, Bhiwandi- 421302, Thane, Maharashtra
They were happy knowing after this. Even you must ask for Suo Motu disclosure from every government department.
The 3 essential way of getting information under RTI
People often misunderstand that RTI means just filing an application by paying Rs. 10 as court stamp fee and wait for one more month, there are other ways of RTI too. Getting information under Right to Information Act is through following 3 ways:
1. Suo Moto Disclosure under section 4 (1) (b)- Please refer above points.
Suo Moto disclosure actually provides all required information thats too free of the cost so citizen should ask it as a matter of right and they need not to write an application for this. If the PIO refuse to provide then give a simple letter asking this document and take acknowledgment from the PIO.
2. Right to Inspection under section 2(j)(i) of the RTI Act
I informed them that most people ignore this fact and the true power of the RTI Act- Right to Inspect. This actually save lot of time, money and gives power in the people's hand. Section 2 (j) clarifies information includes
(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) 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;
So they can even take sample of the work. Like, if they know that road construction work is happening, visit directly to the PIO's office ask them that they want to take sample of the products / materials being used and then take the sample, get it sealed/ signed and certified by the PIO, send it for testing and expose them. They can check any file other than the exempted one and it will add lot of worry to them.
For example:
They can visit a college and ask for the students who are shortlisted for admission and can ask documents to inspect all application form received and check if they have done anything wrong in that, Similarly they can inspect applications and documents related to job application in government department and so on.
3. Application under section 6(1): If they do not get satisfactory information from above two measures, then only they should file application under this to obtain information. In Maharashtra, cost is Rs. 2 per A4 size page.. I also advised them that if they feel information will be thousands of page, then ask the same information on CD which will save the cost.
RTI success stories
I told them that how RTI application repaired road in Bhiwandi (from Anjurphata till Octroi Naka) which was pending for almost 2 years. How they activated online complaint tab on its website http://www.bncmc.gov.in
Actually on 18.04.2013, I filed an RTI application and asked them for information on the agency maintaining website of Bhiwandi Nizampur City Municipal Corporation, deadline given to them for completing the entire website development including inactive tab of filing online complaint, profile of the corporators, online facilities.
They sent me reply on 08th May 2013 (The date mentioned on their reply) and informed me that it is active from 07th May 2013)- So it was another success that now citizen could file online complaint. Iasked them the list of illegal construction in Bhiwandi on website, they did not check about the point but today I could see list of all illegal construction (although few major they have skipped) on website.
Although they have not replied to all the information I asked but it was working at some extent so I urged them that without fear they should identify a problem and file an RTI application.
This will definitely improve the city's condition. I told them that despite of having a well corporate job, still I insist on this thing, fight with them, file RTI application to improve the situation. They must take responsibility to improve the situation. I advised them to divide the work among them, visit department and insist for inspection every day and on a Sunday, we all can sit together and decide further course of action.
I am available to hold such RTI session anywhere in Bhiwandi, Thane, Mumbai Vasai, Kasara, Karjat, Asangaon to share my experiences and experiment about it and how an RTI application can bring changes.
I will not charge, no need to worry about it :)
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