RIGHT TO INFORMATION ACT 2005

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The Real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. Mahatma Gandhi

Right to Information Act, 2005

Came into force from 15th June 2005 Applies to: Whole of India,both Central and State Governments (except J&K). All Public Authorities 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
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RTI 2005: An Overview

Chapter I: Preliminary Section - 1
Title, Extent and Commencement of the Act

Section - 2 Definitions
Right to Information, Information, Public authority, Record, Appropriate Govt., Competent authority etc.

Right to Information
Sec.2 (j)
Right to information accessible under the Act which is held by or under the control of any public authority and includes the right to inspection of works, documents, records

taking notes, extracts, or certified copies of documents or records

taking certified samples of material

obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. 10/2/2013

Information
Sec.2(f) Any material in any form

including records, documents, memos, e-mails

opinions, advice, press releases, circulars, orders

logbooks, models

contracts,

reports,

papers,

samples,

data material held in any electronic form information relating to any private body which can be accessed 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

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

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 / files and the particulars about the destruction of the documents requested by the appellant.
CIC/AT/C/2006/00111 dated 20.11.2006

Public Authority
Sec. 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 financed directly 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 Act Section 4

Sec. 4 (1)(a) Sec. 4 (1)(a) Maintain all its records Computerize records, subject to availability of resources Proactive Disclosure of information Public all relevant facts while formulating important policies Provide reasons for its administrative or quasi-judicial decisions to affected persons Suo-motu disclosure of information Wide Dissemination of information Designate PIOs / APIOs
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Sec. 4(1)(b) Sec. 4(1)(c )

Sec.4(1) (d)

Sec. 4 (2) Sec. 4(3)&(4) Sec. 5(1)&(2)

Proactive Disclosure of Information

Sec 4 (1) (b)

Information to be disclosed proactively within 120 days from 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 used for the discharge of its functions
Statement of categories of documents held by it and under its control
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Proactive Disclosure of Information

Information on policy formulation/ implementation

Sec 4 (1) (b)

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 on disbursements made

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

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Proactive Disclosure of Information

Sec 4 (1) (b)

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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Responsibilities of Public Information Officer

Receive applications for Information Render reasonable Assistance to the persons seeking information

If the application pertains to other PA transfer the same and 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 PIO in respect of the information.
Check whether the information is an exempted one under Sections 8 (or) 9

Check whether it is a third party information

Collect fee and furnish information / Reject the application on 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 Public Information 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/ APIO Case 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 name and the designation of the PIO to be stated. ( CIC/ AT/A/2006/ 00059 5, May, 2006) The documents signed on behalf of PIO by any other officer designated by him should be acceptable ( 111/IC(A)/2006 13, 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 concerns the life or liberty of a person collection of required fee by intimating the applicant calculations made to arrive at the fee shall also be furnished the period intervening between the dispatch of the intimation and payment of fees shall be excluded. applicant is having right to review the fees charged and to go for appeal on that.
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Disposal of request
Section 7
If the PIO fails to furnish the information with in stipulated time the same shall be provided free of charge. If the decision on the request is not given in time, the request to be deemed to have been refused by the PIO Information shall be provided in the form in which it is sought, unless it would disproportionately divert the resources of the PA or would be detrimental to the safety or preservation 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 its decision.
Decision No. CIC/WB/A/2006/00117 dated 13 June, 2006.

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

Personal discussion with the Requester

If there was general confusion regarding the kind of information that has been called for and that could have been supplied , it could have been easily resolved by a personal sitting between the appellant and the respondents.
(CIC /WB/A/2006/00180 5 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)

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

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 the information permissible under the Act.
No. CIC/AT/A/2006/00113, dated 10.7.2006

Exemptions from Disclosure of Information

There shall be no obligation to give any citizen the information which : would affect the sovereignty and integrity of the country would affect the security, strategic, scientific or economic interests of the State would affect relations with foreign States has been expressly forbidden to be published by any court of law may constitute contempt of court cause breach of privilege of Parliament or Legislature Includes commercial confidence, trade secrets or intellectual property
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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 be

furnished, 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 document available 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

Traveling Expenses
The traveling expenses were charged to the public account, disclosure of the information cannot be denied on the grounds of personal 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 seek disclosure of the same. 63/ICPB/2006- 4 August, 2006 Information relating to the tour programmes and travel expenses of a public servant cannot be treated as personal information. 07/IC(A)/CIC/2006/00011 - 3 January 2006

Period prior to 20 years

Section 8(3) is part of Section 8, which deals with 'exemption from 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 sought related 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) was applicable 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 for providing 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 a decision to disclose the information, though the third party is not willing
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Chapter III: Section 12:

Section 13: Section 14:

Central Information Commission Constitution of Central Information Commission Term of Office and Conditions of Service Removal of Chief & Other Information Commissioners (Central)
State Information Commission Constitution of State Information Commission Term of Office and Conditions of Service Removal of Chief & Other Information Commissioners (State) Powers & Functions of the Information Commissions, Appeal and Penalties Powers & Functions of the Information Commissions

Chapter IV: Section 15:

Section 16: Section 17:

Chapter V: Section 18:

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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
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Penalties
Every PIO will be liable for penalty for not accepting an application

Section - 20:

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 penalizing provisions 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.

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 prepare programes for Capacity Building Powers to make Rules by Government Powers to make Rules by Competent Authority

Section 27: Section 28:

Section 29:
Section 30:

Laying of Rules
Power to remove difficulties

Section 31:

Repeal of Freedom of Information Act, 02

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THANK YOU

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