RTI ACT/ RTE

MITRO AHYA JAHER MAHITY ADHINIYAM KAYDO ARTHAT RIGHT TO INFORMATION VISE MAHITI MUKVA NO PRAYATNA KAREL CHE ASHA CHE TAMNE GAMSE




RTI RUALSE

RTI JAHERNAMU

FORM -KA

FORM -KHA

FORM -GA

RTI IN NEW GAZATE

RTI - 2005

The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of Information Act, 2002. The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to pro-actively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005.^[1] Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

Supreme Court judgements

The Supreme Court for the first time gave a ruling on Three Judges Cases that disclosure of information with respect to functioning of the government must be a rule rather than an exception.
In Mr. Khulwal v. Jaipur Municipal Corporation case, the Supreme Court gave directives that right to information comes under Article 19 of the Indian Constitution.

Freedom of Information Act 2002

The establishment of a national-level law, however, proved to be a difficult task. The Central Government appointed a working group under H. D. Shourie and assigned it the task of drafting legislation. The Shourie draft, was the basis for the Freedom of Information Bill, 2000 which eventually became law under the Freedom of Information Act, 2002. This Act was severely criticised for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority". There was no upper limit on the charges that could be levied. There were no penalties for not complying with a request for information. This Act, consequently, never came into effective force..

State-level RTI Acts

The state-level RTI Acts were first successfully enacted by the state governments of Karnataka(2000), Goa (1997), Rajasthan (2000), Tamil Nadu (1997), Delhi (2001), Maharashtra (2002), Assam(2002), Madhya Pradesh (2003), and Jammu and Kashmir (2004).

Scope

The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organisations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.

Private bodies

Private bodies are not within the Act's ambit directly. In a landmark decision of Sarbajit Roy versusDERC,^[2] the Central Information Commission also reaffirmed that privatised public utility companies continue to be within the RTI Act- their privatisation not withstanding.

Political parties

The Central Information Commission (CIC) has held that the political parties are public authorities and answerable to citizens under RTI Act. The CIC, a quasi-judicial body, has said that six national parties:- Congress, BJP, NCP, CPI(M), CPI and BSP have been substantially funded indirectly by the central government and they have the character of public authority under the RTI Act as they perform public functions ^[3][4] On 12 August 2013, the Congress Party tabled RTI Amendment Bill 2013 in Lok Sabha to keep political parties out of RTI ambit.^[5]
The Bill to amend the Act so as to keep political parties out of its ambit, was on September 3, 2013 deferred to the Winter Session of Parliament.^[6]

Process

The RTI process involves reactive (as opposed to proactive) disclosure of information by the authorities. An RTI request initiates the process.
Each authority covered by the RTI Act must appoint their Public Information Officer (PIO). Any person may submit a written request to the PIO for information. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part), it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other authority within 5 working days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The applicant is required to disclose his name and contact particulars but not any other reasons or justification for seeking information.
The Central Information Commission (CIC) acts upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not having been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information.
The Act specifies time limits for replying to the request.

• If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
• If the request has been made to an APIO, the reply is to be given within 35 days of receipt.
• If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
• Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 daysbut with the prior approval of the Central Information Commission.
• However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed. If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge. Appeal processes are also defined.

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like IB,Directorate General of Income tax(Investigation), RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission.

http://rti.gov.in/

***** RTE- RIGHT TO EDUCATION*****

RTE ACT MODUAL 2009

RTE GEDZET


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RTE-2009

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
The RTE Act provides for the:
(i) Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.
(ii) It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
(iii) It makes provisions for a non-admitted child to be admitted to an age appropriate class.
(iv) It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
(v) It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.
(vi) It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
(vii) It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.
(viii) It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,
(ix) It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

Related Links:

• RTE RULES
  • The Right of Children to Free and Compulsory Education Rules , 2010 dated 8th April,2010. (4,595 KB) 
  • State RTE Notifications
    • State RTE Rules
    • Local Authority
    • Local Grievance Redressal Mechanism
    • State Advisory Council
    • Definition of Disadvantaged Group & Weaker Section
    • Constitution of School Management Committee (SMC)
• RTE Anthem(VIDEO)
• Article 21A of the Constitution - Constitution (Eighty - Sixth Amendment) Act , 2002 dated 13th December 2002. (169 KB) 
• The Right of Children to Free And Compulsory Education Act, 2009 dated 27th August 2009(1,389 KB) 
• Notification dated 16th Februrary ,2010 enforcement of regarding Constitution (Eighty-Sixth Amendment) Act , 2002 and Right of Children to Free and Compulsory Education Act , 2009. (169 KB) 
• Notification dated 31st March,2010 for appointment of NCTE as academic authority u/s 23 of the RTE Act and of NCERT as the academic authority u/s 29 of the RTE Act (123 KB) 
• Model Rules under the Right of Children to Free and Compulsory Education Act , 2009. (144 KB) 
• Corrigendum dated 9.06.2010 in respect of section 19(1) of the Right of Children to Free and Compulsory Education Act , 2009 (277 KB)
• Guidelines dated 22.6.2010 under Section 35(1) of the RTE Act regarding implementation of Section 25( 1 ) ie PTR (89 KB) 
• Notification dated 8.7.2010 of Constitution of National Advisory Council ( NAC ) u/s 33(1) of the RTE Act. (724 KB) 
• Development of framework of national curriculum u/s 7 of the RTE Act dated 31.8.2010. (261 KB) 
• Minutes of the Meeting on the Right of Children to Free and Compulsory Education Act, 2009 held on 14th August, 2010 (2,184 KB) 
• Notification dated 23.8.2010 of NCTE laying down the minimum qualification for a person to be eligible for appointment as a School teacher u/s 23 (1) of the RTE Act. (2,184 KB) 
• Guidelines dated 13th September 2010 u/s 35(1) regarding deployment of teachers for elections u/s 27 of the RTE Act. (576 KB) 
• Guidelines dated 8th November,2010 for Relaxation U/s 23 (2) of the RTE Act, 2009. (1,418 KB) 
• Guidelines dated 23.11.2010 Regarding applicability of RTE Act on Minority Institutions. (321 KB) 
• Guidelines dated 2311.2010 Regarding Procedure for School Admission Under RTE Act, (793 KB) 
• Notification dated 19th January,2011 for including CTSA as speicified category school.
• Guideline dtd 2.2.2011 on implementation os section 23(2) of RTE Act.
• Guidelines dated 11.2.2010 for conducting Teacher Eligibility Test (TET) under RTE Act., (172 KB) 
• Notification dated 23.3.2011 granting relaxtion to orissa under section of RTE Act.
• Notification dated 1st June,2011 granting relaxtion t West Bengal & Bihar under section 23(2) of RTE Act.
• Notification dated 15th july,2011 granting relaxation to manipur under section23(2) of RTE Act.
• Notification dtd 15th July,2011 on section 2(d) and 2(e) of RTE Act of UT of Andaman and Nicobar Island.
• Guideline dated 25th July,2011 regarding free and Compulsory education in a neighbourhed school.
• Notification dated 29th July,2011 reg amendment in Notification of 23rd August 2010 on minimum Teacher Qualification.
• Notification dated 26th August,2011 granting relaxation to Assam and Chhatisgrah under section 23(2) of the RTE Act.
• Notification dated 21st November,2011 granting relaxation to Madhya Pradesh under section23(2) of the RTE Act.
• Advisory dated 31st January,2012 on implemention of the Provisions of Sec. 29 of the Right of Children to Free and compulsory education (RTE) Act, 2009 
• Sectoin -Wise Rationale/Clarification dated 31st January ,2012of the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009
• Advisory dated 14.2.2012 on implementation of section 31 and 32 of RTE Act.
• Notification dated 18.5.2012 granting relaxation to State Government of Odisha in Teacher Qualification under Section 23(2) of the RTE Act .
• Notification dated 18th June,2012 granting relxation to Meghalaya and Tripura under section23(2) of the RTE Act.
• Notification dated 20th June,2012 on the Right of Children to free and Compulsory Education (Amendment) Act,2012.
• Notification dated 19.7.2012 of Section 2(d) and 2(e) of the RTE Act in r/o the UT of Daman & Diu.
• Notification  dtd 25/7/12 regarding enforcement of the Right of children to free & compulsory Education(Amendment) Act,2012 from 1.8.2012
• Notification dated 10.9.2012 Granting relaxation to the state of Uttar Pradesh section 23 of the Right of Children to Free & Compulsory Education
• Notification dated 28th September,2012 granting relaxation to the state of Nagaland under section 23(2) of RTE Act in respect of relaxation of minimum qualification for appointment as teachers.
•  Guidelines dated 13.7.2012 issued under section 35(1) of the Right of Children to free and Compulsory Education(RTE) Act 2009 in respect of Residential schools.
• Notification dated 17th october,2012 granting relaxation to Uttarakhand and Himachal Pradesh under section 23(2) of the RTE Act
• Guideline dated 26th October 2012 on clause(c) section 8&9 of RTE Act on prevention of discrimination in school in respect of children belonging to weaker section and disadvantage.
•  Guideline dated 26th October,2012 on Requirement of Playground specified in schedule to RTE Act.

source : http://mhrd.gov.in/rte