RTI-20210906114526.ppt

RIGHT TO INFORMATION ACT,
2005
BY
RAKESH VIJAYVERGIA
CORE FACULTY, RTI JAIPUR

CONTENTS
CHAPTER – I
RIGHT TO INFORMATION ACT, 2005
• Salient Features of RTI Act, 2005
• Statement of Objects and Reasons
• Preamble of the Act
• Important Provisions
• Section 1 – Short title, extent ant commencement
• Section 2 – Definitions
• 2(f) “information”
• 2(h) “public authority”
• 2(i) “record”
• 2(j) “right to information”
• 2(n) “third party” 2

CONTENTS…CONTD…
Chapter – II
RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES
•Sec. 3 – Right to Information
•Sec. 4 – Obligations of Public Authorities
•Sec. 5 – Designation of Public Information Officers
•Sec. 6 – Request for obtaining information
•Sec. 7 – Disposal of Request
•Sec. 8 – Exemption from disclosure of information
•Sec. 9 – Grounds for rejection to access in certain cases
•Sec. 10 – Severability
•Sec. 11 – Third party information 3

CONTENTS…CONTD…
Chapter – III
THE CENTRAL INFORMATION COMMISSION
•Sec. 12 – Constitution of central Information Commission
•Sec. 13 – Term of office and conditions of service
•Sec. 14 – Removal of Chief Information Commissioner or
Information Commissioner
4

CONTENTS…CONTD…
Chapter – IV
THE STATE INFORMATION COMMISSION
•Sec.15 – Constitution of State Information Commission
•Sec. 16 – Term of office and conditions of service
•Sec. 17 – Removal of State Chief Information Commissioner or
State Information Commissioner
5

CONTENTS…CONTD…
Chapter – V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS,
APPEALAND PENALTIES
• Se. 18 – Powers and Functions of Commission
6

RIGHT TO INFORMATION ACT, 2005
7

SALIENT FEATURES OF RTI ACT, 2005
•Replaced Freedom of Information Act, 2002.
•RTI relaxes restrictions placed by Officials Secrets Act,
1923.
•3 Levels – Public Information Officer, First Appellate
Authority and Central Information Commission (CIC).
•Time period for Public Information Officer:
Expeditiously or within 30 days from the date of
receipt by public authority.
8

SALIENT FEATURES OF RTI ACT, 2005…CONTD…
•Maximum time gap for 1st Appeal: 30 days since limit of supply of
Information is expired.
•Time period for Appellate Authority: within 30 days or in
exceptional cases 45 days from the date of receipt by the public
authority.
•Maximum time gap for 2nd Appeal: 90 days since limit of supply of
information is expired.
•RTI act also asks for computerisation and proactively publish
Information.
•Bodies applicable under RTI: Constitutional bodies at centre and
State (Legislature, Executive, Judiciary), bodies / NGOs owned /
financed by government, privatised public utility companies.
9

SALIENT FEATURES OF RTI ACT, 2005…CONTD…
Bodies excluded under RTI: Central Intelligence and Security
Agencies, agencies of State specified through notification.
The exclusion is not absolute.
•Central Information Commission shall consists of: 1 Chief
Information Commissioner and upto 10 Central Information
Commissioner.
•The Chief Information Commissioner shall hold office for a
term of fine years from the date on which he enters upon his
office and shall not be eligible for re-appointment.
•The Act has 31 sections and 6 Chapters.
•Section 8 deals with Information exempted under the purview
of this Act. 10

STATEMENT OF OBJECTS AND REASONS
• Ensure greater and more effective access to Information
• To make the Freedom of Information Act, 2002 more progressive
• To carry out important changes recommended by National Advisory
Council.
• Important changes include:
• Establishment of Appellate Machinery with Investigating powers to review
decisions of PIO.
• Penal Provisions for failure to provide information.
• To ensure maximum disclosure and minimum exemptions.
• To Repeal the Freedom of Information Act, 2002.
• To recognise Right to Information ensured under Art. 19 of
Constitution. 11

PREAMBLE OF THE ACT
• To provide setting out the practical regime of Right to Information for
citizens.
• To secure access to information under the control of public
Authorities.
• To promote Transparency and Accountability in working of public
authority.
• To constitute Central and State Information Commissions
• Constitution establish democratic Repblic.
12

PREAMBLE OF THE ACT…CONTD…
• Democracy requires an informed citizenry and Transparency of
information.
• To Contain Corruption and to hold Governments and their
instrumentalities accountable to the governed.
• Enacted in the Fifty-sixth year of the Republic of India.
13

IMPORTANT PROVISIONS
• Sec.1 – Short title, extent and commencement.
• Right to Information Act, 2005.
• Extends to whole of India except the State of J & K. (J & K has a separate RTI Act,
2009).
• Sec. 2 – Definitions (Some Important ones).
• 2(f) “information” – Any material in any form. Such as – records, documents, memos,
e-mails, opinions, etc. and information relating to any pvt. body accessed by public
authority.
• 2(h) “public authority” – means any authority / body / Institution of self-govt.
established-
• By or under Constitution of India;
• By any other law made by Parliament;
• By any other law made by State Legislature;
• By notification issued or order made by Appropriate Government. 14

DEFINITIONS…CONTD…
• 2(i) “Record” – Includes-
• Document, manuscript and file
• Microfilm, microfiche and facsimile copy of document.
• Reproduction of image or images in such microfilm; and
• Any other material produced by computer; etc.
• 2(j) “Right to Information” – Includes right to-
• Inspection of work, 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, etc.
• 2(n) “third party” – means a person other than the citizen making a request for
information and includes a public authority.
15

CHAPTER – II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
•Sec. 3 – Right to Information: Every citizens shall have
RTI.
•Sec. 4 – Obligations of Public Authorities: Every public
authority shall-
• Maintain all its records duly catalogued and indexed – records
should be appropriate – computerised – network all over country –
to facilitate access.
16

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…CONTD…
• Publish within one hundred and twenty days from the enactment-
• Particulars of its organisation, functions and duties.
• Powers and duties of its officers and duties;
• Procedure followed in decision making process, including channels of
supervision and accountability.
• Norms set by it;
• The rules, regulations, instructions, manuals and records, held by it or under its
control;
• A statement of the categories of documents that are held by it.
• The particulars of any arrangement that exist for consultation with, or
representation by, the members of the public in relation to the formulation of its
policy.
• A statement of the boards, councils, committees and other bodies
17

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…CONTD
• A directory of its officers and employees.
• The monthly remuneration received by each of its officers and employees, etc.
• The budget allocated to each of its agency, indicating the particulars of all
plants, proposed expenditure and reports.
• The manner of execution of subsidy programmes, including the amounts
allocated, and the details of the beneficiaries.
• Particulars of recipients of concessions, permits or authorisations granted by it.
• Details in respect of the information, available to or held by it,
• The particulars of facilities available to citizens for obtaining information,
including working hours of a library or reading room, if maintained for public
use. 18

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES…CONTD
• the names, designations and other particulars of the Public Information
Officers;
• Such other information as may be prescribed, and thereafter update these
publications every year;
• Publish all relevant facts while formulating important policies or
announcing the decisions which affect public.
• Provide reasons for its administrative or quasi judicial decisions to
affected persons.
• It shall be a constant endeavour of every public authority to take
steps in according with the requirements of the Act to provide as
much information suo motu to the public at regular intervals.
19

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC
AUTHORITIES…CONTD
• Every information shall be disseminated widely and in such form and manner
which is easily accessible to the public.
• All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication
in that local area, etc.
20

RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES…CONTD…
•Sec. 5 – Designation of Public Information Officers (PIOs):
• Every public authority shall within 100 days of enactment,
designate as many officers as Central Public Information Officers
(CPIO) or State Public Information Officers (SPIO)– in all
administrative units / offices.
• Every public authority shall designate an officer within 100 days
of enactment – at each sub-divisional level or other sub-district
level as a Central Assistant Public Information Officers (CAPIO)
or State Assistant Public Information Officers (SAPIO)
21

•Sec. 6 – Request for obtaining Information:
• Sec. 6 deals with obtaining information by a person who makes a
request in-
• writing or
• through electronic means
• in English or
• Hindi or
• in official language of the area,
• with prescribed fees,
• to the CPIO or SPIO of concerned public authority.
Or
• To the CAPIO or SAPIO as the case may be.
22

Addressed
to the PIO
Fees:
1) In cash against
receipt or
2) DD or
3) Banker’s cheue or
4) Indian Court Fee
Stamp of Rs. 10/- Other details of
the Applicant
Particulars of
Information
required
FORM –A
Sec. 6(1)
23

Application for Information under Section 6(1) of the Act
To,
The Public Information Officer (Name of the office with address)
1. Full name of the applicant:
2. Father’s/Spouse’s name:
3. Permanent address:
4. Particulars of information acquired:
___________________________________________________________
___________________________________________________________
___________________________________________________________
5. Address to which information is to be sent and the form in which it is
desired.
6. Is this information not made available by the Public Authority?
7. Are you ready to pay the prescribed fee?
8. Whether the applicant belongs to BPL category? If yes, have you
furnished
proof of the same?
9. Whether information is solicited by registered post? If yes please
enclose
an envelope alongwith requisite postal stamp/s.
Full Name and Signature
of the Applicant.
Place:
Date
FORM –A
Sec. 6(1)
24

•Sec. 7 – Disposal of Request:
•CPIO or SPIO shall within 30 days of receipts of requests
either provide the information on payment of such fees as
may be prescribed or reject it for any of the reasons
specified in Sec. 8 and 9.
25

FORM – B
Information for Payment
From,
Name and Designation of the PIO,
To,
Name of the applicant
Address
Sir,
Please refer to your application dated ………..addressed to the undersigned requesting information on ……….. I am to inform you that
the following amount towards the fees for providing information may be deposited to enable the undersigned to furnish the said
information.
Please make payment within a period of fifteen days from the date of receipt of this information failing which the application shall be
rejected.
Yours faithfully,
Place: Public Information Officer.
Date: Seal
26

…DISPOSAL OF REQUEST…CONTD…
• If the CPIO/SPIO fails to give decision – it shall be deemed to have been refused
the request.
• If further fees – intimation to applicant it – asking to deposit it - time taken for this
is excluded from the 30 days period.
• Fees in any form shall be reasonable.
• No fees from BPL applicants.
• If PIO fails to provide information within 30 days – he has to furnish it free of
cost.
27

…DISPOSAL OF REQUEST…CONTD…
•Rejection – should be intimated as follows:
• The reasons for rejection.
• Period within which appeal may be preferred; and
• The particulars of the appellate authority.
•Information to be provided in the form it is sought.
28

FORM – B
Intimation of rejection
To,
Name of the applicant.
Address
Sir,
The undersigned regrets to express his inability to furnish the information asked for on account of the following reasons:
1. It comes under the exempted category covered under section 8 and 9 of the Act.
2. The information sought by you pertains to judicial proceedings which can be obtained under existing Bombay High Court
Rules.
3. Your application was not complete in all respects.
4. The information is contained in published material available to the public.
5. You did not pay the prescribed fee for providing the information within the prescribed time.
6. The information sought is prohibited as per section 24 (4) of the Act.
7. The information would cause unwarranted invasion of the privacy or any person.
8. The information as sought by you is available on our website ………………… You may download the information.
9. For any other reason (please specify) ___________________________________________________________________
___________________________________________________________________________________________________
However, if you feel aggrieved by the above said refusal you may file an appeal before the ________________ within 30 days of
the receipt of this letter.
Place: Name and Designation of
Date: Public Information Officer 29

• Sec. 8 Exemption from Disclosure of Information:
• There shall be no obligation to give any citizen-
• Information – affecting sovereignty and integrity of India – Security, Strategic, Scientific
or economic interest of State - Relation with foreign State – or lead to incitement of an
offence.
• Information expressly forbidden to be published by Court or Tribunal – or disclosure
may constitute contempt of Court.
• Information disclosure may cause breach of privilege of Parliament or State Legislature.
30

• Information including – commercial confidence, Trade Secrets, or Intellectual Property – unless
authority is satisfied that larger public interest warrants disclosure.
• Information available to a person, in his fiduciary relationship – unless authority is satisfied that
larger public interest warrants disclosure.
• Information received in confidence from foreign government.
• Information disclosure may endanger the life or physical safety of any person – or identify sources
of information or assistance given in confidence for law enforcement or security purposes.
• Information would impede process of investigation or apprehension or prosecution of offenders.
• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other
officers.
• Provided the decision of the Council of Ministers – is taken amd made public and the matter is
complete.
31

• Personal information – if no relation to public activity or interest –
or would cause invasion of privacy – unless CPIO/SPIO or appellate
authority is satisfied that larger public interest justifies disclosure.
• Provided – even in the Official Secret’s Act, 1923 – a public authority may
allow access to information, if public interest in disclosure outweighs the
harm to the protected interests.
• Any information relating to occurrence, event or ,matter which has taken
place, occurred or happened 20 years before the application date under Sec.
6 shall be provided.
32

• Sec. 9 – Grounds for Rejection to access in certain cases:
• Sec. 9 says that, if a request for information involves an infringement of
copyright subsisting in a person other than a State, it may be rejected.
• Sec.10 – Severability :
• In part of the information exempted from disclosure can be separated, it may
be disclosed – provided PIO shall inform the applicant by saying-
• Only part information is disclosed
• Reasons for the decision
• The name and designation of person giving decision
• Details of fees calculated
• Right to review of decision regarding non-disclosure of the exempted portion
33

CHAPTER – III
THE CENTRAL INFORMATION COMMISSION (CIC)
•Sec.12 – Constitution of CIC :
•Chapter III deals with the constitution of the CIC.
•Central Government has to constitute CIC to exercise
the powers conferred.
•The CIC shall consist of-
• Chief Information Commission and
• Such number of Central Information Commissioners not
exceeding 10. 34

THE CENTRAL INFORMATION
COMMISSION (CIC)…CONTD…
• The Chief IC and IC shall be appointed by the President on the
Recommendations of a Committee consisting of –
• Prime Minister – Chairman of the Commission
• Leader of Opposition in Lok Sabha and
• Union Cabinet Ministers to be nominated by the Prime Minister.
• Qualification of Chief IC:
• Shall 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.
• Shall not be a member of Parliament or Legislature.
• Shall not hold any office of profit.
35

THE CENTRAL INFORMATION COMMISSION (CIC)…CONTD…
• Head Quarters of CIC shall be at Delhi;
• The other CIC may have H.Q. at other places.
• Sec.13 – Term of office and conditions of service:
• Chief Information Commissioner – holds office for 5 years and
shall not be eligible for re-app.
• He cannot hold the office after attainment of 65 years,
whichever is earlier.
• Same Qualification and terms for Information Commissioner.
• But every Information Commissioner after vacating office is
eligible to be appointed as Chief Information Commissioner.
• Provided – his term of office shall not be more than 5 years in aggregate as the
Information Commissioner and Chief Info. Comm. 36

• Resignation: CIC or IC – may resign at any time by writing to the President.
• Other service conditions of CIC and same as the Chief Election
Commissioner.
• Other service conditions of CIC shall be same as Election Commission.
• Sec. 14 – Removal of CIC or IC:
• CIC or IC shall be removed only by an order of President on the ground of
proved misbehaviour or incapacity after the Supreme Court, on a reference
by President to it.
37

• Till the reference from Supreme Court is decided, President
can suspend CIC or IC from office.
• The President may by order remove from office the CIC or
any IC if he is-
• Adjudged an insolvent; or
• Has been convicted fo offence involving moral turpitude; or
• Engages during the term in any paid employment outside the duties of his
office.
• Is unfit to continue in office be reason of infirmity of mind or body; or
• Has acquired such financial or other interest as is likely to affect prejudicially
his functions as the CIC or IC.
• If the CIC or IC, is concerned or interested in any contract or agreement made
by or on behalf of the Govt. of India – may amount to misbehaviour.
38

CHAPTER – IV
THE STATE INFORMATION COMMISSION
• Sec. 15 – Constitution of State SIC:
• Chapter IV deals with the Constitution of the SIC.
• Every State Government to Constitute a SIC.
• The SIC shall consist of the State Chief Information
Commissioner (SCIC); and State Information Commissioner
(SIC), not exceeding 10.
• The SCIC and SIC shall be appointed by the Governor on the
recommendation of a Committee consisting of-
• Chief Minister – Chairperson of the Committee
• Leader of the Opposition in Legislative Assembly
• A Cabinet Minister to be nominated by Chief Minister. 39

THE STATE INFORMATION COMMISSION…CONTD…
• Sec. 16 – Term of office and conditions of service:
• Holds office for 5 years or till attaining 65 years.
• Not eligible for re-app.
• Other conditions are same as CIC or IC.
• Sec. 17 – Removal of SCIC or SIC:
• Proved mis-behaviour or incapacity after Supreme Court’s Decision referred by Governer.
• Governer may suspend SCIC or SIC from office during pending SC decision.
• Governor may remove SCIC or SIC if:
• Insolvent; or
• Guilty of an offence involving moral turpitude; or
• Engage in any paid employment outside office; or
• Unfit to continue in office due to infirmity of mind or body; or
• Acquired financial or other interest which may affect his functioning.
• Concerned or interested in any contract or agreement made by Govt. of state in profit or
benefit – may amount to misbehaviour.
40

CHAPTER – V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEALAND PENALTIES
• Sec. 18 – Powers and Functions of Commission:
• This section speaks about powers and functions of information commission.
• It is the duty of CIC or SIC to receive and inquire into a complaint from any
person who has been refused information.
• Sec. 19 – Appeal:
• This section deals with the Appeal.
• Any person, who does not receive a decision within the specified time, or is
aggrieved by a decision of the CPI Officer or the SPI Officer, can within 30
days prefer an appeal to such officer who is senior in rank
41

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEALAND
PENALTIES…CONTD…
• Sec. 20 – Penalties:
• This section deals with penalties under this Act for guilty person.
• If any CPIO or the SPIO, has without any reasonable cause,
• refused to receive an application for information or
• has not furnished information within time or
• malafidely denied the request, or
• knowingly given incorrect, incomplete or
• misleading information or
• destroyed information which was the subject matter of information or
• Obstructed in furnishing the information,
• A penalty of Rs. 250/- each day till application is received or information is
furnished,
• However,, the total of such penalty shall not exceed Rs. 25,000/-
42

PENALTIES
• The PIO shall be given a reasonable opportunity of
being heard before any penalty is imposed on him
• The burden is on the PIO to prove before the
Information Commission in appeal that he acted
reasonably and diligently.
• The PIO is personally liable to pay penalty if the same
is imposed by the Information Commission while
deciding on complaints and appeals
• The IC shall recommend for disciplinary action against
the PIO if she persistently violates the provisions of
the Act
43

CHAPTER VI
MISCELLANEOUS
• Sec. 21 – Protection of action taken in good faith:
• No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith under this Act or
rule.
• Sec. 23 – Bar of jurisdiction of courts:
• No court shall entertain any suit, application or other
proceeding in respect of any order made under this Act.
• Sec. 24 – Act not to apply to certain organizations:
• This Act shall not apply to the intelligence and security
organisations specified in the II schedule.
• Provided that the information relating to corruption and human
right violations shall not be excluded under this provision.
44

MISCELLANEOUS…CONTD…
• Sec. 25 – Monitoring and Reporting:
• The CIC or SIC shall as soon as practicable after the end of the year,
prepare a report on the implementation of the provisions of this Act during
that year and forward a copy thereof to the Appropriate Government.
45

ROLE OF PUBLIC INFORMATION
OFFICERS & ASSISTANT PUBLIC
INFORMATION OFFICERS

DUTIES AND RESPONSIBILITIES OF
APIOS
Receive applications for information or appeals under the Act
and forward it to:
• Public Information Officer or
• Appellate Officer or
• Information Commission
as the case may be
47

DUTIES AND RESPONSIBILITIES OF PIOS
• Accept requests for Information
• Render reasonable assistance to citizens requesting for
information
• Reduce oral request into writing
• Assist sensorily disabled persons
• Seek assistance of any other officer where necessary
• Such officer shall be treated as PIOs
• Disposal of Requests
• Communicate the right to appeal and the details of the Appellate
Authority
to whom the applicant can appeal.
48

ACCEPTING REQUESTS FOR
INFORMATION
PIOs/APIOs shall accept request in writing/electronic
means:
• In English, Hindi or official language of the area
• Accompanied by prescribed fees
• With contact details (Name/Address)
• With particulars of information specified
• No Fees for persons Below Poverty Line
• Reasons for seeking information not required
49

DISPOSAL OF REQUESTS
• Render reasonable assistance to the applicant by reducing the
oral request to writing
• Scrutinize the application received
• Register the application in the Inward Register
• Issue acknowledgement to the applicant
50

• Intimate to the applicant the further fee, representing
the cost of providing the information, to be paid along
with its calculations.
• Also intimate the modalities of deposit of fee, the
applicant’s right for appeal against the calculation.
• The period intervening the despatch of the said
intimation and payment of fees shall be excluded for
the purpose of calculating the 30 day period.
51
Contd…

52
• Wherever required, provides assistance to citizens for
inspection of works, materials, taking samples etc.
•Retains record on each application, disposal etc. so that
materials as required may be furnished to appellate authorities
in case first/second appeal is preferred.
Contd…

SEVERABILITY
• Access may be provided to a part of the record which
does not contain any exempted information and
which can reasonably be severed from any part that
contains exempt information
• The PIO shall give a notice to the applicant informing
about partial disclosure of information along with
reasons, fees, and details of appellate authority
53

TRANSFER OF REQUESTS
• Transfers the application / part of it to another public
authority, if required.
• Transfer the application within five days of receipt of
application
• Informs the applicant about such transfers.
• Makes necessary entries in the Register being
maintained
54

THIRD PARTY INFORMATION
Where the PIO intends to disclose any information,
which relates to or has been supplied by a third
party and has been treated as confidential by that
third party, the PIO shall,
within five days from the receipt of the request,
• give a written notice to such third party and
• invite the third party to make a submission in
writing or orally, and
• such submission shall be kept in view while taking
a decision. 55

PROVIDE INFORMATION
The 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 or reject the
request for any of the reasons specified in
sections 8 and 9.
56

FORM OF ACCESS
•Information has to be provided in the form in which
it is sought.
•This includes
•inspection of works, documents, records,
•Taking notes, extracts and certified samples of
material.
•PIOs may fix a day or two of the week for
applicants to take samples and for inspection of
57

DEEMED REFUSAL
If the PIO fails to give decision on the request for
Information within the period specified, the PIO
shall be deemed to have refused the request.
58

FEES & COSTS
The Act prescribes the following fees and costs to be
charged
•Fees accompanying applications for request of
information
•Further fee representing the cost of providing the
information requested
•Fee prescribed under rules for supply of
information in printed or electronic format.
59

FEES & COSTS
•Information shall be provided free of charge
where a public authority fails to comply with
the stipulated time limits for disposal of
requests
•The fee could be paid in cash / demand draft/
banker’s cheque/Indian Postal Order.
60
Contd..

TIME LIMITS
•Within 30 days from the date of receipt of
request in general cases
•Within 48 hours of receipt of request in
cases where the information sought for
concerns the life or liberty of a person
•Add five days , where an application is
given to the APIO
61

REJECTION OF REQUESTS
where a request has been rejected, the PIO shall
communicate to the person making the request —
(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
62

SOME IMPORTANT TIPS FOR PIOS
The PIOs has to keep the following in mind:
•information which cannot be denied to the
Parliament or the State Legislature shall not be
denied to any citizen;
•notwithstanding the exemptions permissible under
S. 8(1), access to information is to be allowed, if
public interest in disclosure outweighs the harm to
the protected interest;
•the Right to Information Act, 2005 overrides the
63

SOME IMPORTANT TIPS FOR PIOS
•any material relating to occurrence, event or
matter, which has taken place, occurred or
happened twenty years before the date of the
application has to be given to the applicant;
•access to information should not involve an
infringement of copyright subsisting in a person
other than the Sate;
64
Contd…

THE SECOND SCHEDULE
(SEE SECTION 21)
• INTELLEGENCE AND SECURITY
ORGANISATIONS ESTABLISHED BY THE
CENTRAL GOVERNMENT
• Intelligence Bureau.
• Research and Analysis Wing of the Cabinet
Secretariat.
• Directorate of Revenue Intelligence.
• Central Economic Intelligence Bureau.
• Directorate of Enforcement
• Narcotics Control Bureau
• Aviation Research Centre
• Special Frontier Force
• Border Security Force
• Central Reserve Police Force (CRPF)
• Indo-Tibetan Border Police
• Central Industrial Security Force
• National Security Guards
• Assam Rifles
• Special Service Bureau
• Special Branch (CID), Andaman and
Nicobar
• The Crime Branch – CID – CB, Dadra and
Nagar Haveli
• Special Branch, Lakshadweep Police
65

MERITS AND DEMERITS OF RTI ACT, 2005
• Merits or Advantages:
• Empowers Public .
• Reduces corruption .
• Right to Information Act not only ensures democratic elements in administration but it is also expected to
improve efficiency and increase promptness and speedy action in
administration.
• Transparency in Government Administration
• Easy to file a complaint
• No Reason required for any enquiry and deadline for every information ensures delivery.
• Makes the bureaucracy smoother and responsible as all administrative offices of public authorities have to
appoint `Public Information Officers (PIO).
• Information ACT for the basic level Citizens.
• Upgradation of most of the government offices to ensure RTI, by making websites and installing the files on
the internet just like Malaysia.Thereby reducing paperwork. 66

MERITS AND DEMERITS OF RTI ACT, 2005
•Demerits or Disadvantages:
• Less awareness.
• Used Mostly in Urban Areas
• Corruption might reduce but most of the corruption goes
behind the scene not visible to public.So for RTI to implement
one must know where and how to use itT.
• Technology benefits only for the educated class, poor
uneducated still remain a host to such problems
• Mis-use of RTI.
67

CONCLUSION
• The bottom line is RTI is a very useful and perhaps a much needed act for
India as its democracy is falling apart under the weight of corruption.
68

RTI-20210906114526.ppt

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