About Right to Information

When does it come into force?

Who is covered?
What does information mean?
What does Right to Information mean?
 1.  When does it come into force?
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have
come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information
Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12
and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and
Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).

2. Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

3. What does information mean?

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)].

4. What does Right to Information mean?

It includes the right to -

i. inspect works, documents, records.

ii. take notes, extracts or certified copies of documents or records.
iii. take certified samples of material.
iv. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic
mode or through printouts.[S.2(j)]

Officers and their obligations

What are the obligations of public authority?

What does a "public authority" mean?
Who are Public Information Officers (PIOs)?
What are the duties of a PIO?
 

1. What are the obligations of public authority?

It shall publish within one hundred and twenty days of the enactment:-

i. the particulars of its organization, functions and duties;

ii. the powers and duties of its officers and employees;
iii. the procedure followed in its decision making process, including channels of supervision and accountability;
iv. the norms set by it for the discharge of its functions;
v. the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
vi. a statement of the categories of the documents held by it or under its control;
vii. the particulars of any arrangement that exists for consultation with, or representation by the members of the
public, in relation to the formulation of policy or implementation thereof;
viii. a statement of the boards, councils, committees and other bodies consisting of two or more persons
constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the
minutes' of such meetings are accessible to the public;
ix. a directory of its officers and employees;
x. the monthly remuneration received by each of its officers and employees, including the system of
compensation as provided in its regulations;
xi. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and
reports on disbursements made;
xii. the manner of execution of subsidy programmes, including the amounts allocated and the details and
beneficiaries of such programmes;
xiii. particulars of recipients of concessions, permits or authorizations granted by it;
xiv. details of the information available to, or held by it, reduced in an electronic form;
xv. the particulars of facilities available to citizens for obtaining information, including the working hours of a
library or reading room, if maintained for public use;
xvi. the names, designations and other particulars of the Public Information Officers.[S.4(1)(b)]

2. What does a "public authority" mean?

It means any authority or body or institution of self-government established or constituted: [S.2(h)]

 by or under the Constitution;

 by any other law made by Parliament;
 by any other law made by State Legislature;
 by notification issued or order made by the appropriate Government.and includes any-

a. body owned, controlled or substantially financed

b. non-Government organization substantially financed  directly or indirectly by the appropriate Government.

3. Who are Public Information Officers (PIOs)?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information
to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for
the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the
provisions of this Act, such other officer shall be treated as a PIO.

4. What are the duties of a PIO?

 PIO shall deal with requests from persons seeking information and where the request cannot be made in
 writing, to render reasonable assistance to the person to reduce the same in writing.
 If the information requested for is held by or its subject matter is closely connected with the function of another
public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the
applicant immediately.
 PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
 PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt
of the request, either provide the information on payment of such fee as may be prescribed or reject the
request for any of the reasons specified in S.8 or S.9.
 Where the information requested for concerns the life or liberty of a person, the same shall be provided within
forty-eight hours of the receipt of the request.
 If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused
the request.
 Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such
rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the
particulars of the Appellate Authority.
 PIO shall provide information 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. 
 If allowing partial access, the PIO shall give a notice to the applicant, informing:

a. that only part of the record requested, after severance of the record containing information
which is exempt from disclosure, is being provided;
b. the reasons for the decision, including any findings on any material question of fact,
referring to the material on which those findings were based;

the name and designation of the person giving the decision;

Procedure for Request of Information

What is the Application Procedure for requesting information?

What is the time limit to get the information?
What is the fee?
What could be the ground for rejection?
 

1. What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area,
to the PIO, specifying the particulars of the information sought for.
2. Reason for seeking information are not required to be given;
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).

2. What is the time limit to get the information?

 1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to
Assistant Public Information Officer.  
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time
given to the party to make representation).  
5. Failure to provide information within the specified period is a deemed refusal.

3. What is the fee?

1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how
the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate
Appellate Authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time
limit.

4. What could be the ground for rejection?

1. If it is covered by exemption from disclosure. (S.8)
2. If it infringes copyright of any person other than the State. (S.9)

c. the details of the fees calculated by him or her and the amount of fee which the applicant
is required to deposit; and
d. his or her rights with respect to review of the decision regarding non-disclosure of part of
the information, the amount of fee charged or the form of access provided.

 If information sought has been supplied by third party or is treated as confidential by that third party, the PIO
shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into
consideration.
 Third party must be given a chance to make a representation before the PIO within 10 days from the date of
receipt of such notice.

Information Commissions

How is Central Information Commission constituted?

What is the eligibility criteria and what is the process of appointment of CIC/IC?
What is the term of office and other service conditions of CIC?
 What is the term of office and other service conditions of IC?
How is the State Information Commission constituted?
What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State
Information Commissioners?
What are the powers and functions of Information Commissions?
What is the reporting procedure?

1. How is Central Information Commission constituted?

1. Central Information Commission to be constituted by the Central Government through a Gazette Notification. 
2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information
Commissioners (IC) who will be appointed by the President of India. 
3. Oath of Office will be administered by the President of India according to the form set out in the First
Schedule. 
4. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the
country with the approval of the Central Government. 
5. Commission will exercise its powers without being subjected to directions by any other authority. (S.12) 

2. What is the eligibility criteria and what is the process of appointment of CIC/IC?
1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law,
science and technology, social service, management, journalism, mass media or administration and
governance.
2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He
shall not hold any other office of profit or connected with any political party or carrying on any business or
pursuing any profession. (S.12)
3. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one
Union Cabinet Minister to be nominated by the Prime Minister.  

3. What is the term of office and other service conditions of CIC? 

1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the
age of 65 years, whichever is earlier. 
2. CIC is not eligible for reappointment. 
3. Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage
of the CIC during service. (S.13)

4. What is the term of office and other service conditions of IC?

1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the
age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as IC.
2. Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of
the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her
term as IC. (S.13) 

5. How is the State Information Commission constituted?

 1. The State Information Commission will be constituted by the State Government through a Gazette notification.
It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information
Commissioners (SIC) to be appointed by the Governor.
2. Oath of office will be administered by the Governor according to the form set out in the First Schedule.
3. The headquarters of the State Information Commission shall be at such place as the State Government may
specify. Other offices may be established in other parts of the State with the approval of the State
Government.
4. The Commission will exercise its powers without being subjected to any other authority.

6. What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State
Information Commissioners?
The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition
in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The
salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government.
(S.15)

7. What are the powers and functions of Information Commissions?

1. The Central Information Commission/State Information Commission has a duty to receive complaints from any
person -  

a)  who has not been able to submit an information request because a PIO has not been
appointed ;
b) who has been refused information that was requested; 
c)  who has received no response to his/her information request within the specified time
limits ; 
d)   who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f)  any other matter relating to obtaining information under this law.
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of Civil Court such as - 

a)  summoning and enforcing attendance of persons, compelling them to give oral or written
evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents; 
c)  receiving evidence on affidavit ;
d)   requisitioning public records or copies from any court or office 
e) issuing summons for examination of witnesses or documents
f)   any other matter which may be prescribed.
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during
inquiry for examination.
5. Power to secure compliance of its decisions from the Public Authority includes-

a)  providing access to information in a particular form;

b) directing the public authority to appoint a PIO/APIO where none exists;
c)  publishing information or categories of information;
d)  making necessary changes to the practices relating to management, maintenance and
destruction of records ; 
e) enhancing training provision for officials on RTI;
 f)  seeking an annual report from the public authority on compliance with this law; 
g)  require it to compensate for any loss or other detriment suffered by the applicant ;
h)  impose penalties under this law; or
i)  reject the application. (S.18 and S.19)
6.

8. What is the reporting procedure?

1. Central Information Commission will send an annual report to the Central Government on the implementation
of the provisions of this law at the end of the year. The State Information Commission will send a report to the
State Government .
2. Each Ministry has a duty to compile reports from its Public Authorities and send them to the Central
Information Commission or State Information Commission, as the case may be. 
3. Each report will contain details of number of requests received by each Public Authority, number of rejections
and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc. 
4. Central Government will table the Central Information Commission report before Parliament after the end of
each year. The concerned State Government will table the report of the State Information Commission before
the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S.25)

-------------

Role of the Governments

What is the role of Central/State Governments?

Who has the Rule making power?
Who has the power to deal with the difficulties while implementing this act?

1. What is the role of Central/State Governments?

1. Develop educational programmes for the public especially disadvantaged communities on RTI. 
2. Encourage Public Authorities to participate in the development and organization of such programmes. 
3. Promote timely dissemination of accurate information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a User Guide for the public in the respective official language.
6. Publish names, designation postal addresses and contact details of PIOs and other information such as
notices regarding fees to be paid, remedies available in law if request is rejected etc. (S.26)

2. Who has the Rule making power?

Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to
make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
 
3. Who has the power to deal with the difficulties while implementing this act?
 If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the
Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)

Reference

http://persmin.nic.in/RTI/WelcomeRTI.htm

Right to Information Act

From Wikipedia, the free encyclopedia

The Right to Information Act 2005 (Act No. 22/2005)[1] is a law enacted by the Parliament of India giving
citizens of India access to records of the Central Government and State Governments. The Act applies to
all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered
under a State-level law. Under the provisions of the Act, any citizen (including the citizens within J&K)
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 proactively 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 [2].
Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and various other
special laws, which the new RTI Act now relaxes.Contents [hide]

1 Background

2 State-level Laws

3 Freedom of Information Act

4 Enactment

5 Scope

6 Information

7 Process

8 Information defined

9 Right to information

10 What is not open to disclosure?

11 Partial disclosure

12 Exclusions

13 Role of the government

14 Power to make rules

15 Who has the power to deal with the difficulties while implementing this act?

16 Effects

17 See also

18 References

19 External links
[edit]

Background

Disclosure of Government Information in India is governed by a law enacted during the British rule over
large parts of what is now India, the Official Secrets Act of 1889 which was amended in 1923.[3] This law
secures information related to security of the State, sovereignty of the country and friendly relations
with foreign states, and contains provisions which prohibit disclosure of non-classified information.[4]
Civil Service conduct rules and the Indian Evidence Act impose further restrictions on government
officials' powers to disclose information to the public.[5]

In 1975, the Supreme Court delivered a landmark judgement[6] on the citizen's Right to Know.

[edit]

State-level Laws

The RTI Laws were first successfully enacted by the state governments — Tamil Nadu (1997),[7] Goa
(1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya Pradesh (2003),
Assam (2002) and Jammu and Kashmir (2004).

The Maharashtra and Delhi State level enactments are considered to have been the most widely used.
The Delhi and J&K Right to Information Acts are still in force.

[edit]

Freedom of Information Act

Passage of a national level law, however, proved to be a difficult task. Given the experience of state
governments in passing practicable legislation, the Central Government appointed a working group
under H. D. Shourie and assigned it the task of drafting legislation. The Shourie draft, in an extremely
diluted form, 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. The FoI Act, consequently, never came into effective force.

[edit]

Enactment

The doomed FoI Act led to sustained pressure for a better National RTI enactment. The first draft of the
Right to Information Bill was presented to Parliament on 22 December 2004. After intense debate, more
than a hundred amendments to the draft Bill were made between December 2004 and 15 June 2005,
when the bill finally passed. The Act came fully into effect on 13 October 2005.

[edit]

Scope

The Act covers the whole of India except Jammu and Kashmir.[8] 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 organizations
"substantially financed, directly or indirectly by funds" provided by the government are also covered in
the Act's ambit.[9]

Private bodies are not within the Act's ambit directly. However, information that can be accessed under
any other law in force by a public authority can also be requested for. In a landmark decision of 30-Nov-
2006 ('Sarbajit Roy versus DERC') the Central Information Commission also reaffirmed that privatised
public utility companies continue to be within the RTI Act- their privatisation notwithstanding. The Act
also explicitly overrides the Official Secrets Act and other laws in force on 15-June-2005 to the extent of
any inconsistency.

[edit]

Information
The Act specifies that citizens have a right to:

request any information (as defined)

take copies of documents

inspect documents, works and records

take certified samples of materials of work.

obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts.[9]

[edit]

Process

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any person
may submit a request to the PIO for information in writing. 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 within 5 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 citizen making the request is not obliged to
disclose any information except his name and contact particulars.

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 days but 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.

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the request, Rs. 2 per page of
information and Rs. 5 for each hour of inspection after the first hour. If the applicant is a Below Poverty
Card holder, then no fee shall apply. Such BPL Card holders have to provide a copy of their BPL card
along with their application to the Public Authority. States Government and High Courts fix their own
rules.

[edit]

Information defined

In terms of the section 2(f) of the Act, information has been defined as 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

[edit]

Right to information

Under the Act (section 2 (j), right to information includes the right to -

inspect works, documents, records.

take notes, extracts or certified copies of documents or records.

take certified samples of material.

obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts.

[edit]

What is not open to disclosure?

The following is exempt from disclosure [S.8)]

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the
security, *strategic, scientific or economic" interests of the State, relation with foreign State or lead to
incitement of an offence;

information which has been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;

information, the disclosure of which would cause a breach of privilege of Parliament or the State
Legislature;

information including commercial confidence, trade secrets or intellectual property, the disclosure of
which would harm the competitive position of a third party, unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information;

information available to a person in his fiduciary relationship, unless the competent authority is satisfied
that the larger public interest warrants the disclosure of such information;

information received in confidence from foreign Government;

information, the disclosure of which would endanger the life or physical safety of any person or identify
the source of information or assistance given in confidence for law enforcement or security purposes;

information which would impede the process of investigation or apprehension or prosecution of

offenders;

cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other
officers;

information which relates to personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the privacy of the individual
(but it is also provided that the information which cannot be denied to the Parliament or a State
Legislature shall not be denied by this exemption);

Notwithstanding any of the exemptions listed above, a public authority may allow access to information,
if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is
qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or
commercial secrets protected by law" under this clause when read along with 8(1)(d)))

[edit]

Partial disclosure

Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which
can reasonably be severed from every part that contains exempt information to be provided.

[edit]

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW, 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

[edit]

Role of the government

Section 26 of the Act enjoins the central government, as also the state governments of the Republic of
India (excluding J&K), to initiate necessary steps to:
Develop educational programmes for the public especially disadvantaged communities on RTI.

Encourage Public Authorities to participate in the development and organization of such programmes.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a User Guide for the public in the respective official language.

Publish names, designation postal addresses and contact details of PIOs and other information such as
notices regarding fees to be paid, remedies available in law if request is rejected etc.

[edit]

Power to make rules

The Central Government, State Governments and the Competent Authorities as defined in S.2(e) are
vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27
& S.28)

[edit]

Who has the power to deal with the difficulties while implementing this act?

If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order
published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)

[edit]

Effects

In the first year of National RTI, 42,876 (not yet official) applications for information were filed to Central
(ie.Federal) public authorities. Of these 878 were disputed at the final appellate stage - the Central
Information Commission at New Delhi. A few of these decisions have thereafter been mired in further
legal controversy in the various High Courts of India. The first stay order against a final appellate
decision of the Central Information Commission was granted on 3.May.2006 by the High Court of Delhi
in WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information Commission & Ors". The
Government of India's purported intention in 2006 to amend the RTI Act was postponed after public
disquiet.
[edit]

See also

Freedom of information legislations in several countries

[edit]

References

^ ""Right to Information Act, 2005"". Ministry of Personnel, Public Grievances and Pensions (2005-12-
10). Retrieved on 2006-10-02.

^ The effective date is often incorrectly referred to as 12 October 2005. The Act actually came to force
on the midnight between the 12th and 13th, which means that it came into effect from the 13th
onwards.

^ ""The Official Secrets Act, 1923"". IndiaLawInfo.com (1923-04-02). Retrieved on 2006-09-16.

^ "World Report: Libraries and Intellectual Freedom (India)". International Federation of Library
Association and Institutions (1999-06-07). Retrieved on 2006-09-16.

^ Kumar, Anu (1999-06-07). "Right to Information — Background and Perspective". Infochange India.
Retrieved on 2006-09-16.

^ State of U.P. v. Raj Narain, AIR 1975 SC 865 http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=6074

^ "Tamil Nadu Right to Information Act No. 24 of 1997". Government of Tamil Nadu (1998-05-06).
Retrieved on 2006-09-16.

^ Under Article 370 (http://lawmin.nic.in/coi/PARTXXI.pdf) of the Indian constitution, laws passed by the
Parliament are not automatically applicable to the state of Jammu and Kashmir unless endorsed by the
state's legislature

^ a b "Right to Information Act, 2005. Obligations and Responsibilities". Government of India.

[edit]

External links

Online Forums

RTI INDIAYahoo RTI e-group

Indian Government Links

CIC - The Central Information Commission is charged with interpreting the Right to Information Act,
2005.

DoPT - The Department of Personnel and Training, Ministry of Personnel, Public Grievances, and
Pensions, is charged with being the nodal agency for the Right to Information Act, 2005. It has the
powers to make rules regarding appeals, fees, etc.

Complete text of the Right to Information Act

Karnataka Information Commission The State Information Commission for Indian State of Karnataka

Groups working to support the Right to Information Act

CHRI - Commonwealth Human Rights Initiative educates the public about the value of RTI and advocates
at policy level for guaranteed access to information.

NyayaBhoomi - An NGO which is taking RTI to every citizen of India through innovative means

RTI blog at wordpress

RTI Frequently Asked Questions explained

Right to Information Community Portal of India

indiarti.com Right to Information news, articles and events calendar classified by state.

Print Version

Frequently Asked Questions

1. When did it come into force?

2. Who is covered?
3. What does information mean?

4. What does Right to Information mean?

5. What are the obligations of public authority?

6. What is not open to disclosure?

7. Is partial disclosure allowed?

8. What does a "public authority" mean?

9. Who is excluded?

10. Who are 'Third Parties'?

11. Who are Public Information Officers (PIOs)?

12. What are the duties of a PIO?

13. What is the Application Procedure for requesting information?

14. What is the time limit to get the information?

15. What is the fee?

16. What could be the ground for rejection?

17. Who are the Appellate Authorities?

18. How is Central Information Commission constituted?

19. What is the eligibility criteria and what is the process of appointment of CIC/IC?

20. What is the term of office and other service conditions of CIC?

21. What is the term of office and other service conditions of IC?

22. How is the State Information Commission constituted?

23. What is the eligibility criterion and what is the process of appointment of State Chief
Information Commissioner/State Information Commissioners?

24. What are the powers and functions of Information Commissions?

25. What is the reporting procedure?

26. What are the penalty provisions?

27. What is the jurisdiction of courts?

28. What is the role of Central/State Governments?

29. Who has the Rule making power?

30. Who has the power to deal with the difficulties while implementing this act?

1. When did it come into force?

It came into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some
provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)],
designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)],
constitution of Central Information Commission (S.12 and 13), constitution of State Information
Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24)
and power to make rules to carry out the provisions of the Act (S.27 and 28).

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2. Who is covered?

The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

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3. What does information mean?

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)].

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4. What does Right to Information mean?

It includes the right to -

inspect works, documents, records.

take notes, extracts or certified copies of documents or records.

take certified samples of material.

obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts.[S.2(j)]
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5. What are the obligations of public authority?

It shall publish within one hundred and twenty days of the enactment:-

the particulars of its organization, functions and duties;

the powers and duties of its officers and employees;

the procedure followed in its decision making process, including channels of supervision and
accountability;
the norms set by it for the discharge of its functions;

the rules, regulations, instructions, manuals and records used by its employees for discharging its
functions;

a statement of the categories of the documents held by it or under its control;

the particulars of any arrangement that exists for consultation with, or representation by the members
of the public, in relation to the formulation of policy or implementation thereof;

a statement of the boards, councils, committees and other bodies consisting of two or more persons
constituted by it. Additionally, information as to whether the meetings of these are open to the public,
or the minutes' of such meetings are accessible to the public;

a directory of its officers and employees;

the monthly remuneration received by each of its officers and employees, including the system of
compensation as provided in its regulations;

the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures
and reports on disbursements made;

the manner of execution of subsidy programmes, including the amounts allocated and the details and
beneficiaries of such programmes;

particulars of recipients of concessions, permits or authorizations granted by it;

details of the information available to, or held by it, reduced in an electronic form;

the particulars of facilities available to citizens for obtaining information, including the working hours of
a library or reading room, if maintained for public use;

the names, designations and other particulars of the Public Information Officers.[S.4(1)(b)]

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6. What is not open to disclosure?

The following is exempt from disclosure [S.8)]

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interests of the State, relation with foreign State or lead to
incitement of an offence

information which has been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;

information, the disclosure of which would cause a breach of privilege of Parliament or the State
Legislature;
information including commercial confidence, trade secrets or intellectual property, the disclosure of
which would harm the competitive position of a third party, unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information;

information available to a person in his fiduciary relationship, unless the competent authority is satisfied
that the larger public interest warrants the disclosure of such information;

information received in confidence from foreign Government;

information, the disclosure of which would endanger the life or physical safety of any person or identify
the source of information or assistance given in confidence for law enforcement or security purposes;

information which would impede the process of investigation or apprehension or prosecution of

offenders;

cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other
officers;

information which relates to personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;

Notwithstanding any of the exemptions listed above, a public authority may allow access to information,
if public interest in disclosure outweighs the harm to the protected interests.

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7. Is partial disclosure allowed?

Only that part of the record which does not contain any information which is exempt from
disclosure and which can reasonably be severed from any part that contains exempt information, may
be provided. [S.10]

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8. What does a "public authority" mean?

It means any authority or body or institution of self-government established or constituted: [S.2(h)]

by or under the Constitution;

by any other law made by Parliament;

by any other law made by State Legislature;

by notification issued or order made by the appropriate Government.and includes any-

body owned, controlled or substantially financed

non-Government organization substantially financed directly or indirectly by the appropriate

Government.

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9. Who is excluded?

Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, 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 valuations could be
given but only with the approval of the Central or State Information Commission, as the case may be.
[S.24)]

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10. Who are 'Third Parties'?

A third party means a person other than the citizen making a request for information and
includes a public authority. Third parties have a right to be heard in respect of applications and appeals
dealing with information submitted by them to the Government in confidence. [S.2(n) and S.11]
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11. Who are Public Information Officers (PIOs)?

PIOs are officers designated by the public authorities in all administrative units or offices under
it to provide information to the citizens requesting for information under the Act. Any officer, whose
assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all
assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be
treated as a PIO.

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12. What are the duties of a PIO?

PIO shall deal with requests from persons seeking information and where the request cannot be
made in writing, to render reasonable assistance to the person to reduce the same in writing.

If the information requested for is held by or its subject matter is closely connected with the function of
another public authority, the PIO shall transfer, within 5 days, the request to that other public authority
and inform the applicant immediately.

PIO may seek the assistance of any other officer for the proper discharge of his/her duties.

PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the
receipt of the request, either provide the information on payment of such fee as may be prescribed or
reject the request for any of the reasons specified in S.8 or S.9.

Where the information requested for concerns the life or liberty of a person, the same shall be provided
within forty-eight hours of the receipt of the request.

If the PIO fails to give decision on the request within the period specified, he shall be deemed to have
refused the request.

Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for
such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii)
the particulars of the Appellate Authority.

PIO shall provide information 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.

If allowing partial access, the PIO shall give a notice to the applicant, informing:

that only part of the record requested, after severance of the record containing information which is
exempt from disclosure, is being provided;
the reasons for the decision, including any findings on any material question of fact, referring to the
material on which those findings were based;

the name and designation of the person giving the decision;

the details of the fees calculated by him or her and the amount of fee which the applicant is required to
deposit; and

his or her rights with respect to review of the decision regarding non-disclosure of part of the
information, the amount of fee charged or the form of access provided.

If information sought has been supplied by third party or is treated as confidential by that third party,
the PIO shall give a written notice to the third party within 5 days from the receipt of the request and
take its representation into consideration.

Third party must be given a chance to make a representation before the PIO within 10 days from the
date of receipt of such notice.

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13. What is the Application Procedure for requesting information?

Apply in writing or through electronic means in English or Hindi or in the official language of the
area, to the PIO, specifying the particulars of the information sought for.

Reason for seeking information are not required to be given;

Pay fees as may be prescribed (if not belonging to the below poverty line category).

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14. What is the time limit to get the information?

30 days from the date of application

48 hours for information concerning the life and liberty of a person

5 days shall be added to the above response time, in case the application for information is given to
Assistant Public Information Officer.

If the interests of a third party are involved then time limit will be 40 days (maximum period + time
given to the party to make representation).

Failure to provide information within the specified period is a deemed refusal.

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15. What is the fee?

Application fees to be prescribed which must be reasonable.

If further fees are required, then the same must be intimated in writing with calculation details of how
the figure was arrived at;
Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate
Appellate Authority;

No fees will be charged from people living below the poverty line

Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time
limit.

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16. What could be the ground for rejection?

If it is covered by exemption from disclosure. (S.8)

If it infringes copyright of any person other than the State. (S.9)

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17. Who are the Appellate Authorities?

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public
Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision
(delay may be condoned by the Appellate Authority if sufficient cause is shown).

Second Appeal: Second appeal to the Central Information Commission or the State Information
Commission as the case may be, within 90 days of the date on which the decision was given or should
have been made by the First Appellate Authority. (delay may be condoned by the Commission if
sufficient cause is shown).

Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority;
and, within 90 days of the decision on the first appeal, before the appropriate Information Commission
which is the second appellate authority.

Burden of proving that denial of Information was justified lies with the PIO.
First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15
days if necessary. (S.19)

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18. How is Central Information Commission constituted?

Central Information Commission to be constituted by the Central Government through a

Gazette Notification.

Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information
Commissioners (IC) who will be appointed by the President of India.

Oath of Office will be administered by the President of India according to the form set out in the First
Schedule.
Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the
country with the approval of the Central Government.

Commission will exercise its powers without being subjected to directions by any other authority. (S.12)

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19. What is the eligibility criteria and what is the process of appointment of CIC/IC?

Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management, journalism, mass media or
administration and governance.

CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union
Territory. He shall not hold any other office of profit or connected with any political party or carrying on
any business or pursuing any profession. (S.12)

Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and
one Union Cabinet Minister to be nominated by the Prime Minister.
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20. What is the term of office and other service conditions of CIC?

CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till
he attains the age of 65 years, whichever is earlier.

CIC is not eligible for reappointment.

Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the
disadvantage of the CIC during service. (S.13)
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21. What is the term of office and other service conditions of IC?

IC shall hold office for a term of five years from the date on which he enters upon his office or till
he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as
IC.

Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage
of the IC during service.

IC is eligible for appointment as CIC but will not hold office for more than a total of five years including
his/her term as IC. (S.13)

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22. How is the State Information Commission constituted?

The State Information Commission will be constituted by the State Government through a
Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10
State Information Commissioners (SIC) to be appointed by the Governor.

Oath of office will be administered by the Governor according to the form set out in the First Schedule.

The headquarters of the State Information Commission shall be at such place as the State Government
may specify. Other offices may be established in other parts of the State with the approval of the State
Government.

The Commission will exercise its powers without being subjected to any other authority.

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23. What is the eligibility criterion and what is the process of appointment of State Chief
Information Commissioner/State Information Commissioners?

The Appointments Committee will be headed by the Chief Minister. Other members include the
Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief
Minister.

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

The salary of the State Chief Information Commissioner will be the same as that of an Election
Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief
Secretary of the State Government. (S.15)
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24. What are the powers and functions of Information Commissions?

The Central Information Commission/State Information Commission has a duty to receive

complaints from any person - a) who has not been able to submit an information request
because a PIO has not been appointed ;

b) who has been refused information that was requested;

c) who has received no response to his/her information request within the specified time limits ;

d) who thinks the fees charged are unreasonable ;

e) who thinks information given is incomplete or false or misleading ;and

f) any other matter relating to obtaining information under this law.

Power to order inquiry if there are reasonable grounds.

CIC/SCIC will have powers of Civil Court such as - a) summoning and enforcing attendance of
persons, compelling them to give oral or written evidence on oath and to produce documents or things;

b) requiring the discovery and inspection of documents;

c) receiving evidence on affidavit ;

d) requisitioning public records or copies from any court or office

e) issuing summons for examination of witnesses or documents

f) any other matter which may be prescribed.

All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC
during inquiry for examination.

Power to secure compliance of its decisions from the Public Authority includes- a) providing
access to information in a particular form;

b) directing the public authority to appoint a PIO/APIO where none exists;

c) publishing information or categories of information;

d) making necessary changes to the practices relating to management, maintenance and

destruction of records ;

e) enhancing training provision for officials on RTI;

f) seeking an annual report from the public authority on compliance with this law;

g) require it to compensate for any loss or other detriment suffered by the applicant ;

h) impose penalties under this law; or

i) reject the application. (S.18 and S.19)

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25. What is the reporting procedure?

Central Information Commission will send an annual report to the Central Government on the
implementation of the provisions of this law at the end of the year. The State Information Commission
will send a report to the State Government .

Each Ministry has a duty to compile reports from its Public Authorities and send them to the Central
Information Commission or State Information Commission, as the case may be.

Each report will contain details of number of requests received by each Public Authority, number of
rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected
etc.

Central Government will table the Central Information Commission report before Parliament after the
end of each year. The concerned State Government will table the report of the State Information
Commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S.25)
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26. What are the penalty provisions?

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for -

not accepting an application;

delaying information release without reasonable cause;

malafidely denying information;

knowingly giving incomplete, incorrect, misleading information;

destroying information that has been requested and

obstructing furnishing of information in any manner.

The Information Commission (IC) at the Centre and the State levels will have the power to impose this
penalty. The Information Commission can also recommend disciplinary action for violation of the law
against an erring PIO. (S.20)

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27. What is the jurisdiction of courts?

Lower Courts are barred from entertaining suits or applications against any order made under
this Act. (S.23) However, the writ jurisdiction of the Supreme Court and High Courts under Articles 32
and 225 of the Constitution remains unaffected.
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28. What is the role of Central/State Governments?

Develop educational programmes for the public especially disadvantaged communities on RTI.

Encourage Public Authorities to participate in the development and organization of such programmes.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a User Guide for the public in the respective official language.

Publish names, designation postal addresses and contact details of PIOs and other information such as
notices regarding fees to be paid, remedies available in law if request is rejected etc. (S.26)

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29. Who has the Rule making power?

Central Government, State Governments and the Competent Authority as defined in S.2(e) are
vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27
& S.28)

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30. Who has the power to deal with the difficulties while implementing this act?

If any difficulty arises in giving effect to the provisions in the Act, the Central Government may,
by Order published in the Official Gazette, make provisions necessary/expedient for removing the
difficulty. (S.30)

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