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RIGHT TO INFORMATION ACT 2005

10/2/2013

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The Real Swaraj willcome not by theacquisition of authorityby a few but by theacquisition of capacityby all to resist authoritywhen abused. Mahatma Gandhi

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3

Came into force from 15th June 2005

Applies to:

Whole of India,both Central and State Governments(except J&K).

All PublicAuthorities covered by the Act.

Does not apply to:

22 Intelligence and Security Organizations of the

Central Government 7 Intelligence and Security Organizations of the State

Government

Right to Information Act, 2005

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4

RTI 2005: An Overview

Chapter I: Preliminary

Section - 1

Title, Extent and Commencement of the Act

Section - 2Definitions

Right to Information, Information, Public authority,

Record, Appropriate Govt., Competent authority etc.

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Information

Sec.2(f)

Any material in any form

including records, documents, memos, e-mails

opinions, advice, press releases, circulars, orders

logbooks, contracts, reports, papers, samples,models

data material held in any electronic form

information relating to any private body which can beaccessed by a public authority

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Opinions

Citizens can ask for copies of documents containing the

information. But they can not seek opinions.

CIC/OK/A/2006/00049 - 2 May, 2006.

Although opinion is indeed information, to so qualify

it must be held in material form.

Complaint No.CIC/WB/C/2007/00196-28.03.2008

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Form

If the requested information is not available in

electronic form as required by the requester,

it need not have to be created for the appellant.

No. 1510/SCIC/2007, dated 10.5.2007

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Information under the control of PA

In a case 'Records of the court martial trial' were destroyed

after a retention period of 10 years under Army Rule 146.

Information did not exist, it was physically impossible to

provide it. There is no liability under RTIA of a public

authority of supply non-existent information.CIC/AT/A/2006/20 - 23 March,2006

The respondents are directed to provide to the appellant the

rules / information regarding destruction of records / filesand the particulars about the destruction of the documents

requested by the appellant.CIC/AT/C/2006/00111 dated 20.11.2006

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Public AuthoritySec. 2 (h)

Any Authority or Body or Institution of Self - Government established or

constituted:

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government ,and includes any

(i) body owned, controlled or substantially financed directly

or indirectly

(ii) Non Government Organizations substantially financeddirectly or indirectly by funds provided by the appropriate

Government;

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Section - 3

All citizens shall have the right to information,subject to the provisions of the Act

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Obligation of Public Authorities under RTI ActSection 4

Sec. 4 (1)(a) Maintain all its records

Sec. 4 (1)(a) Computerize records, subject to availabilityof resources

Sec. 4(1)(b) Proactive Disclosure of information

Sec. 4(1)(c ) Public all relevant facts while formulatingimportant policies

Sec.4(1) (d) Provide reasons for its administrative or

quasi-judicial decisions to affected persons

Sec. 4 (2) Suo-motu disclosure of information

Sec. 4(3)&(4) Wide Dissemination of information

Sec. 5(1)&(2) Designate PIOs / APIOs

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Proactive Disclosure of Information Sec 4 (1) (b)

Information to be disclosed proactively within 120 daysfrom the enactment of this Act

Particulars of organization, functions and duties

Powers and duties of officers and employees

Procedures in decision-making process

Channels of supervision and accountability

Norms set by it for discharge of functions

Information regarding the rules, regulations, instructions usedfor the discharge of its functions

Statement of categories of documents held by it and under itscontrol

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Information on policy formulation/ implementation

Statement of the Boards, Councils, Committees etc.

Monthly remuneration of officers/employees

Budget allocated to each of its agencies

particulars of all plans, proposed expenditures and reports ondisbursements made

Execution of subsidy programmes, the amounts allocated &the details of beneficiaries of such programmes

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Details of information available in an electronic form

Particulars of facilities available to citizens for

obtaining information

Names, designations and other particulars of the

Public Information Officers.

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Responsibilities of Asst. Public Information Officer

Receive application for information or appeal

Forward the same to the concerned within five

days

Render reasonable assistance to reduce the

application in writing

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17

Responsibilities of Public Information Officer

Receive applications for Information

Render reasonable Assistance to the persons seekinginformation

If the application pertains to other PA transfer the sameand intimate the applicant

Seek assistance of any other officer / obtain information

from other officers, if available with them The Officer from whom information is sought is deemed

to be the PIOin respect of the information.

Check whether the information is an exempted one underSections 8 (or) 9

Check whether it is a third party information

Collect fee and furnish information / Reject the applicationon sufficient grounds

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Application for Information

Section 6

Request to be made in writing

To be in English, Hindi or Official language of the area

To the State Public Information Officer or Assistant PublicInformation Officer

Specifying the particulars of information sought

No reason need to be given

Accompanied by fee or BPL Certificate

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Role of PIO/ APIOCase Law

It is only a PIO, required to provide information to the requesters.APIO is required only to forward the same forthwith to the PIO

( CIC 10/1/2005 - 25, Feb,06)

An order issued by an APIO on behalf of PIO must clearly state

that the former was only transmitting the orders of PIO. The nameand the designation of the PIO to be stated.

( CIC/ AT/A/2006/ 000595, May, 2006)

The documents signed on behalf of PIO by any other officer

designated by him should be acceptable( 111/IC(A)/200613, July, 2006)

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Disposal of request

Section 7

with in 30 days in general cases

with in 48 hours, where the information sought for concernsthe life or liberty of a person

collection of required fee by intimating the applicant

calculations made to arrive at the fee shall also befurnished

the period intervening between the dispatch of theintimation and payment of fees shall be excluded.

applicant is having right to review the fees charged and togo for appeal on that.

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Disposal of requestSection 7

If the PIO fails to furnish the information with in stipulatedtime the same shall be provided free of charge.

If the decision on the request is not given in time, the requestto be deemed to have been refused by the PIO

Information shall be provided in the form in which it issought, unless it would disproportionately divert theresources of the PA or would be detrimental to the safety orpreservation of the record in question

If PIO rejects the request for information, reasons must be

stated , referring relevant sections.

Time limit for appeal, details of AA also to be informed

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Language

The CIC directed DDA to provide the requested information

in ( translated into) Hindi within 25 days of the issue of itsdecision.

Decision No. CIC/WB/A/2006/00117 dated 13 June, 2006.

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Life and liberty

Matter to be treated as one of life and liberty would require

the following :

The application be accompanied with substantive evidence

that a threat to life and liberty exists (e.g. medical report)

CIC/WB/C/2006/00066 Of 19/4/2006

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Personal discussion with the Requester

If there was general confusion regarding the kind of informationthat has been called for and that could have been supplied , it

could have been easily resolved by a personal sitting betweenthe appellant and the respondents.

(CIC /WB/A/2006/001805 July, 2006)

If the time limits could not be adhered to, the PIO could have

taken the appellant into confidence and kept him periodically

posted with the progress of the information gathering

process.

(CIC/AT/A/2006/00031 -10, July, 2006)

If information asked for is not available in required form,

citizen may be allowed to inspect the documents.

(CIC, dated 25 Feb 2006)

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Voluminous information

Section 7 (9)

An information shall ordinarily be provided in the form in

which it is sought unless it would disproportionately divert the

resources of the public authority or would be detrimental to the

safety or preservation of the record in question.

Sec. 7(9) of the Act does not authorize a public authority to

deny information. It simply allows the authority to provide the

information in a form easy to access.

No.10/1/2005- CIC, dated 25.02.2006

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Videography

If an applicant wishes to make copies of records/ samples

given to him for inspection, at his own expenses, it is not

for the Public Authority to object to the form in which the

copies are being made, provided it is restricted to theinformation permissible under the Act.

No. CIC/AT/A/2006/00113, dated 10.7.2006

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Exemptions from Disclosure of Information

available in fiduciary relationship

endangers the life or physical safety of any person

impede the process of investigation or prosecution of

offenders

includes records of deliberations of the Cabinet,Secretaries and other officers

Cause invasion of the privacy of the individual

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8 (2) - Information under exemptions can also befurnished, if public interest outweighs in

disclosure

8 (3) - Exemption period is 20 years

(except a,c and i of Sec. 8(1))

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Agreement between a Public Authority and a Private party

Any commercial agreement between a Public

Authority and a private party is a public documentavailable for access to a citizen. No party to an

agreement with a public authority could raise any

objection for supplying a copy of the agreement,

except on the grounds of commercial confidentiality

and the like which is specifically exempted in

Section 8 (1).

No. 311/IC (A)/2006, dated 3.10.2006

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Traveling Expenses

The traveling expenses were charged to the public account,

disclosure of the information cannot be denied on the grounds ofpersonal information, not a public activity and no public

interest etc. Travel had been performed as a part and in

discharge of official duties and the records related the same are

public records and therefore, a citizen has the right to seekdisclosure of the same.

63/ICPB/2006- 4 August, 2006

Information relating to the tour programmes and travel expensesof a public servant cannot be treated as personal information.

07/IC(A)/CIC/2006/00011 - 3 January 2006

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Period prior to 20 years

Section 8(3) is part of Section 8, which deals with 'exemptionfrom disclosure of information". Section 8(1) specifies

classes of information which are exempt from disclosure.

What Section 8(3) stipulates is that the exemption under

section 8(1) cannot be applied if the information soughtrelated to a period prior to 20 years except those covered in

clauses (a), (c) and (i) of sub-section 8(1).

37/ICPB/2006 - 26 June 2006

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Rejecting a request

The PIO has to give the reasons for rejection of the request

for information as required under Section 7(8)(i). Merely

quoting the bare clause of the Act does not imply that the

reasons have been given. The PIO should have intimated as to

how he had come to the conclusion that rule 8(1)(j) wasapplicable in this case

CIC/OK/C/2006/00010, dated 7.7.2006

PIO should indicate clearly the grounds of seeking

exemptions from disclosure of information while

rejecting a request.CIC/OK/C/2006/00010, dated 7.7.2006

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Section - 9: Protection of copyright

PIO may reject a request for information where such a request forproviding access would involve an infringement of copyright subsisting

in a person other than the State

Section - 10 Access to part of Record

Section - 11: Third Party Information If the information requested is pertains to third party, PIO shall

give a written notice to the third party with in 5 days

The third party must be given a chance to make a

representation with in 10 days

If public interest outweighs in disclosure, PIO can take adecision to disclose the information, though the third party is notwilling

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Appellate Authority Section - 19:

1st Appellate Authority

Officer Senior in rank to the PIO

1st appeal with in 30 days

Appeal shall be disposed with in 30 days

AA can direct the PIO to furnish the information.

Waiver of time limits for appeal.

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Appellate Authority Section - 19:2nd Appellate Authority Information Commission

against the decision of 1st Appellate Authority

with in 90 days

waiver of time limits for appeal.

have the powers as of a Civil Court

can direct the PIO/ PA to furnish Information

can impose penalty

can recommend disciplinary action

P lti

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Penalties Section - 20:

Every PIO will be liable for penalty for

not accepting an application

Delaying information release without reasonable cause

Malafidely denying information

Knowingly giving incomplete, incorrect and misleading information

Destroying information

Obstructing furnishing of information in any manner

Penalty amount is Rs. 250/- per day to a maximum of Rs.25,000/-

PIO shall be given a reasonable opportunity

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Can an Appellate Officer be penalized under the Act ?

The Appellate authority is not covered under the penalizingprovisions of the Act. But in this case, he clearly failed to

uphold the law or Act in the public interest .This decision

may be sent to the public authority to consider disciplinary

action under their (service) rules.

CIC/EB/C/2006/00040 - 24 April,2006.

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Chapter VI: Miscellaneous

Section - 21 : Protection of action taken in good faith

Section - 22: Act having overriding effect

Section - 23: Bar of Jurisdiction of Courts

Section - 24: Act not applies to certain organizations

Section -25: Monitoring and Reporting

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Section 26: Appropriate Government to prepareprogrames for Capacity Building

Section 27: Powers to make Rules by Government

Section 28: Powers to make Rules by CompetentAuthority

Section 29: Laying of Rules

Section 30: Power to remove difficulties

Section 31: Repeal of Freedom of Information Act, 02

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THANK YOU

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