2. The Right to Information Act (RTI) is an Act of
the Parliament of India "to provide for setting out the
practical regime of right to information for citizens" and
replaces the erstwhile Freedom of information Act, 2002.
The Act applies to all States and Union Territories of India
except the State of jammu and kashmir. This law was
passed by Parliament on 15 June 2005 and came fully
into force on 13 October 2005. Information disclosure in
India was restricted by the Official Secrets Act 1923 and
various other special laws, which the new RTI Act relaxes.
3. • Right to seek
Information
• Right to obtain
Information
• Right to inspect
information
•To get Certified
copies/ Samples
• To get Third
party information
also
4. Promotes openness, transparency and accountability in the working of every public authority
Reduce Corruption
Prevent administrative arbitrariness
Bridge the gap between providers recipient of public services
Make citizen part of decision making
Make administrative responsive
Strengthen the foundation of democracy
5. Sweden (1766) Freedom of Press Act
India is the 48th Country to implement RTI
USA (1966) Freedom of Information Act
UK (2000) Freedom of Information Act
South Africa (2000) Promotion of Access to Info Act
New Zealand (1982) Official Information Act
Finland (1951) Openness to Public documents
RTI in constitution of Countries like France, Brazil, Mexico, Columbia etc.
More than 90 countries are having act on RTI
6. Right to information accessible under the Right To Information Act
which is held by or under the control of any public authority and
includes the right to
• Inspection of work, documents, records
• Taking notes, extracts or certified copies of documents of 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 where such information is stored in a computer or in any
other device.
7. ₹10.00 in Urban Area
₹ 5.00 in Rural Area
If information on CD : ₹ 50.00
If information on DVD : ₹ 100.00
To Inspect Document : Up to 1 hour free later on 15 Rupees per hour.
8. Apply in writing or through electronic mode
It maybe in English or Hindi or in the official language of the area , To the
PIO(Public Information Officer),specifying the particulars of the information required
for.
Reason for seeking information are not required to be given;
No personal details are to be attached except the contact details.
Pay fees as maybe prescribed(if not belonging to the below poverty line category).
9. On plain paper
• Use white sheet of
paper to write an
application. No
restriction on
number of pages.
Typed or Hand
Written
• No compulsion to
type the matter but
it should be
readable.
No limit on questions
• There are no
restrictions on
number of
questions that can
be asked in one
application .
However it is
advisable to ask
limited number of
questions.
10. TESTED METHODS OF SENDING
• Personally ,By hand–copy of the application/proof
of payment is duly stamped , signed and stamped
by the PIO or inward department
• Registered post
• Speed post
11. Authority
Public Information officer
Assistant Public Information officer
PIO transfers to another public
authority(Authority better concerned)
If related to Human Rights violation in
Security agencies
If life or liberty of a person is involved
Time Limit
30 days
35 days
30 days from the day it is received by
the PIO of the transferee authority
45 days with the prior approval of CIC
48 hours
12. As per section 11 (1), 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.
13. You can make an appeal to the Appellate Authority if:
(a) You are aggrieved by the decision made;
(b) If no decision was made within the proper time limits;
(c) You are a third party consulted during the application
process, and you are unhappy with the decision made by
the PIO .
You need to send your appeal to the Appellate Authority
within 30 days from the date on which you received the
decision from the PIO.
14. A second appeal against a decision of an
Appellate Authority to the Information
Commission must be made within 90
days from the date on which the decision
was actually received . Further, if third
party is involved, he/ she should get
opportunity to be heard.
15. Instead of making an appeal to the Appellate
Authority and then the Information Commission, you
also have the option of approaching the Information
Commission directly and submitting a complaint
under section 18(1) of the Act if you are not satisfied
with the decision of a PIO or if you think a public
authority is failing to comply with its information
duties under the Act. This is a particularly useful route
if you wish to immediately seek a penalty for the PIO
or compensation for yourself.
16. Sovereignty and Integrity of the Nation.
Security of the state.
18 institute (CBI, RAW, etc)
Right to privacy.
Trade secret/ Commercial info./ Seal Tender info. Etc.
Protection of copyright.
17. The information is exempted from disclosure u/s 8(1).
If some part comes under exempted matters and
some other part does not deal with section8(1),
partial disclosure(severability) is possible. In such a
case , the only part which is not coming
undersection8(1) is provided .
18. Penalty of Rs.250 per day –total amount not exceeding
Rs.25,000/-
Opportunity to be given to CPIO before imposition of
Penalty.
CIC can also recommend disciplinary action against
CPIO.
19.
20.
21. Pollution Factory Shutdown
• Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was
running illegal plastic factory.
• In December 2002, he filed complaint with the deputy
commissioner of police and forwarded a copy to SDM(Sub
Divisional Magistrate). He visited SDM’s office at least five times
between February and August 2003.
• Then he filed an application under RTI act, wanting to know what
was happening to his complaint.
22. Pollution Factory Shutdown(contd)
• On September 1, he received a reply, they had forwarded his
complaint to Delhi Pollution Control Committee but no reply had
been received and on September 3, he filed a RTI application at
DPCC.
• Kapil Jain got a copy of DPCC’s letter and surprised, they replied
they had already sent an inspection report of the unit.
• He himself approached the SDM with copy of DPCC and next
day the factory was sealed.