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Maharashtra Right to Information Act, 2002. Presentation by. 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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  1. Maharashtra Right to Information Act, 2002 Presentation by

  2. 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.

  3. How information helps Information helps to: • Increase Transparency • Increase Accountability • Reduce Corruption • Increase Efficiency • Increase Participation

  4. 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

  5. What information can you ask for? • Information regarding affairs of the government or any Public Authority. • Any information available to Parliament / State Legislature.

  6. 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

  7. 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

  8. 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

  9. 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.

  10. 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

  11. 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

  12. 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

  13. 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)

  14. 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

  15. 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 )

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

  17. Monitoring of the Act • State - level Council • Councils in every Revenue Division • Councils are to meet at least once in six months

  18. 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

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

  20. 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.

  21. 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)

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