Rti

1. RIGHT TO INFORMATION ACT 2005

2. Session Overview
 In this session we will learn the historical perspective
of Right to Information together with its importance
for bringing transparency, accountability in
Government activity. Learning of salient features of
the act and its implementation in Government.
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3. Learning Objective
 At the end of session the participants will be able to
explain the salient features of Right to Information
Act 2005, enumerate various types of information to
be made available and its disposal by The Public
Information Officer, Appellate Authority and role of
Chief Information Commissioner.
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4. Historical Perspective
 Global Perspective
 The earliest reference to the Right to Information is
found in Sweden where in a convention of 1776 the
resolution for granting Right to Information to all its
citizens was passed. Sweden tops the list of nations
to be the least corrupt country as per Transparency
International's Index.
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5. Historical Perspective
A. External pressures:
 U.N. General assembly 1946, res. No. 59(1).
 International convention of civil and political right
treaty- by UNO assembly - 1966.
 Abid Ali commission report 1993 UNO.
 Common wealth expert group meeting march 1999.
 World bank and other NGOs.
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6. Judicial Pronouncements
Rajnaraian vs State of UP (1976) - SC said:
 People cannot speak or express themselves unless they
know; people are the masters and they have the right to
know how the governments serve them;
 Gupta S.P. Vs Union of India [1981]-
 Right to know is implicit in the right of free speech in
the article 19[1][a]
 Bombay Environmental Action Group Vs Pune
Cantonment Board, 1986 - right to inspect the copies
of application for building permission.
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7. The real swaraj will come not by the acquisition of
authority by few but by the acquisition of capacity by
all to resist authority of few when abused.
- Mahatma Gandhi
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8. Peoples’ Campaign
 Anna Hazare in Maharashtra went on fast unto death
in August 15, 2003
 Medha Patkar: campaigned at 47 places in India
during 1992-2003
 Mazdoor Kisan Shakti Sanghatan, Rajasthan
 Consumer Action Group Chennai, 1997
 National Campaign for People RTI, 1998-2003
 Late H.D. Shourie
 Whistle blower, Shri A. Kejariwal
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9. Why people have Right to Information?
 Citizen is a master as :
 He pays Taxes Direct/ Indirect
 Contributing in Annual Budget
 Votes for Government
 Participation in Decision
 Participation gets ownership
 Strengthens Democracy
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10. Problems of RTI Act
 Citizens want information,
 Same and again,
 Voluminous info,
 Broking business,
 Misuse & disuse of the Act,
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11. Why information is not easily available?
 Corruption is in our blood
 Democracy is not in our blood
 Information is dearer to us
 Secrecy is our virtue
 Less concern for public good
 We enjoy in slumber
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12. Preamble
 Whereas democracy requires an informed citizenry
and transparency of information which is vital to its
functioning and also to contain corruption and to
hold government and their instrumentalities
accountable to the governed.
 Whereas revelation of information in actual practice
is likely to conflict with other public interests
including efficient operations of the governments,
optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive
information;
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13. Contd.
 Whereas it is necessary to harmonies these conflicting
interests while preserving the paramountancy of the
democratic ideal.
 Now, therefore it is expedient to provide for
furnishing certain information to citizens who desire
to have it.
 Be it enacted by parliament in the fifty-sixth year of
the Republic of India.
 Assent of the President of India: 15.06.2005.
 Enforceable from 12.10.2005.
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14. Information - Section 2(f)
 Information means material in any form, records,
documents, memos, e-mails, opinions, advices, press
release, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any
electronic form and information related to private
body which can be accessed by a public authority,
under any other law for the time being in force.
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15. Public Authority - Section 2(h)
 means any authority or body or institution of self
government established or constituted:
- by or under the Constitution,
- any other law made by Parliament,
- by any other law made by State Legislature,
- notification issued or order made by the government and
includes any body owned, controlled or substantially
financed,
- non-government organizations substantially financed
directly or indirectly by funds provided by the appropriate
government.
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16. Section 2(i)
“record” includes—
 (i) any document, manuscript and file;
 (ii) any microfilm, microfiche and facsimile copy
of a document;
 (iii) any reproduction of image or images embodied
in such microfilm (whether enlarged or not); and
 (iv) any other material produced by a computer or
any other device;
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17. Right to information - Section 2(j)
 The Right to Information means right to Information
accessible under this Act which is held or under the
control of any public authority and includes the right to-
 Inspection of work, documents, records;
 Taking notes extracts, certified copies of documents and
records;
 Taking certified samples of materials;
 Obtaining information in form of diskettes, floppies,
tapes, video cassettes or any other electronic mode or
through prints outs where such information is stored in
computers or any other device.
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18. All Citizens shall have the Right To
Information - Section(3)
Section 3 of the RTI Act gives right to information only
to the citizens of India, it does not make provision for
giving information to corporations, associations,
companies etc. which are legal entities/persons and not
citizens.
Applications made by employee/office bearer of any
corporation, company, NGO etc. who is a citizen of
India shall be supplied information.
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19. Obligations of Public Authority - Section(4)
 Maintain all its records and duly catalogued and indexed. Ensure
that the records appropriate to be computerized be computerized
and connected through network all over the country. Publish the
Particulars of the organization, functions and duties;
 Powers and duties of officers and employees, Decision making
process, supervision and accountability;
 Norms set for discharge of functions, rules regulations, manuals
held by/used, directory of officers/employees, remunerations,
budget, names, designation & particulars of PIO etc.
 DOPT vide OM dated 15.4.2016 has also issued guidelines which
inter alia provide for suo motu disclosures, of information relating
to procurements, Public Private Partnerships, transfer policy, RTI
applications, CAG/PAC Paras, Citizens Charter, discretionary and
non discretionary grants, foreign tours etc.
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20. Contd.
Every public authority shall take steps to:
 provide suo- motu information to public,
 provide at regular intervals through various means of
communication,
 including internet,
 to have minimum resort to the use of this Act to
obtain information.
 Let us do an Exercise on what we learnt.
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21. Contd.
All materials shall be disseminated
 Widely,
 Must be cost effective,
 Must be in local language,
 Must be effectively communicated,
 Must be easily available,
 Must be readily published,
 By maintaining small library,
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22. Process of seeking Information - Section(6)
 Written application in Hindi/English/Local Language
on plain paper with residential address and signature
and date
 With the prescribed fees Rs.10 only;
 Addressed to CPIO/PIO;
 Specifying the particulars of information sought;
 No reasons for request, no other personal information
whether BPL or not;
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23. Contd.
 Transfer of application to next public authority.
 When information requested held by another public
authority, or subject matter is closely connected with
functions of another authority –
 Inform the applicant immediately within 5 days.
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24. Designation of PIO(section 5)
 PIO/APIOS appointed within 100 days;
 They only entertain applications;
 They are appointed for each division;
 They render reasonable assistance;
 They seek assistance from any other officer having
requisite information;
 Such officer is treated as APIO
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25. Disposal of Request - Section(7)
 PIO shall provide information as early as possible i.e.
within 30 days from the date of receipt of request, or
 Reject the request for reasons given in Section 8 & 9;
 Provide information within 48 hrs if it relates to life
and liberty;
 If he fails to give decision, it is deemed that he has
refused the information.
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26. Contd.
 Access provided to sensory disabled applicant to the
records, PIO must assist him as appropriate;
[Sub-Section(4)];
 PIO can demand additional fee for printed or other
information as per rates prescribed in RTI Rules 2012;
 No fees be charged from person Below Poverty Line as
determined by appropriate government;
 However, no additional fee can be demanded if the PIO
fails to reply RTI request within prescribed period.
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27. Contd.
On rejection of request, PIO communicate to the
applicant-
1. Reasons for rejection;
2. Period for appeal; and
3. Particulars of appellate authority. [Sub-Section (8)]
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28. Contd.
Information be provided in the form in which it
is sought, unless –
 It would disproportionately divert resources.
 Detrimental to the safety or preservation of records.
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29. Contd.
If decided to provide information, then
 Details of fees showing the cost representing the cost
of information.
 No fees for applicant of Below Poverty Line
 Fees must be reasonable,
 No fees, if prescribed time limit is complied by the
CPIOs/PIOs;
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30. Exemptions from disclosures - Section(8)
1. That which would affect the sovereignty and
integrity of India, security, strategic, scientific or
economic interest of the State, relation with foreign
state;
2. That which may lead to commit an offence;
3. That which has been expressly forbidden to be
disclosed by any court of law or tribunal, or
disclosure of which may constitute contempt of
court’
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31. Contd.
4. That which would cause breach of privilege of
parliament or legis.
5. Commercial Confidence, Trade Secrets, Intellectual
Property, unless warranted in public interest;
6. Information held in fiduciary relationship,
7. Information from foreign Govt. in confidence,
8. Endanger the life or physical safety of any person;
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32. Contd.
9. Information that would impede the process of
investigation or prosecution of offenders;
10. Cabinet papers including the records of the council
of ministers, secretaries and other officers;
11. Personal information which has no relationship with
public activity or interest; or unwarranted invasion
of the privacy.
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33. Provided that :
 The information which cannot be denied to the
Parliament/State Assembly cannot be denied to any
person;
 If public interest disclosure outweighs the harm to
the protected interests.
 Any information of any occurrence, event or matter
before twenty years from the date of is made, be
provide
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34. Appeal to Departmental Appellate Authority
 In case of refusal / deemed refusal from the PIO, the
applicant can appeal against the PIO to the first
Appellate Authority, who is from the same
department and senior to the PIO in rank. If the PIO
refuses to give the information he/she is also
supposed to give you the name and address of the
Appellate Authority. If no reply is received, or the
PIO has not mentioned the name of the Appellate
Authority, you could address the appeal to the Head
of the Office.
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35. Contd.
If the PIO has refused information with malafide
intentions, or not replied at all, he/she is liable for a
penalty of Rs. 250 per day, for the period of delay;
i.e. until he/she gives the information. This penalty is
payable by the PIO from his/her salary and he/she is
also liable for disciplinary action. The Penal
provision of Section 20, are the real teeth of the Act,
which if properly implemented will bring the rule of
law into our Governance. Also, when the information
is provided after the period of 30 days is over, no cost
can be charged for providing the information.
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36. Contd.
 The appeal must be made within 30 days of
receiving the PIOs letter, OR within 30 days from
the last date on which the information should have
been received – in case no letter is received, - i.e.
within 60 days of your application.
The Appellate Authority must dispose off the appeal
within 30 days, - OR after giving reasons for delay –
in a further period of 15 days; i.e. a total of 45 days,
if a letter giving reasons is issued.
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37. Contd.
An appellate authority may give a personal hearing to
you and the PIO. However, it is not mandatory for you
to attend a personal hearing.
The Appellate Authority though belonging to the same
department as the PIO is actually conducting a quasi-
judicial proceeding and expected to give a fair and
unbiased order based on your arguments in the appeal.
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38. Contd.
He is also required to give reasons for arriving at a
decision. The actual outcome may be:
1. You get an order directing PIO to give the
information (reasonable chance):
2. You may get an order rejecting the appeal and
refusing to give the information.
3. You may get no reply at all. This is deemed
rejection, once the period of 30/45 days is over.
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39. Contd.
 If you are not satisfied with the outcome, you can file
a second appeal with the Information Commissioner
within 90 days. There are separate Information
Commissions for the State and Central Government
Organizations. The power to penalize PIOs is only
with the Information Commissioners. It will be useful
to take a look at the Act and its rules yourself by that
time.
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40. Contd.
 If the PIO seeks to charge you more that what is
stipulated in the rules, refuse to pay and complain to
the Information Commissioner - Section 18(d). The
PIO has no authority to charge you more than what is
specified under the rules. She/he cannot ask you to
pay for the cost of collating or gathering the
information.
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41. Section 9
Grounds for rejection to access in certain cases
(section 9):
Without prejudice to the provisions of section 8, a
CPIO may reject a request for information where
such request for providing access would involve an
infringement of copyright subsisting in a person other
than state
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42. Severability - Section(10)
 Where information sought is rejected because it
forms the part of the information exempt from
disclosure,
 Access may be granted to that part of the record
which is not exempt; and give notice to the applicant
informing that:
 Requested part of the record would be given after
severance of the record from the exempted records;
 Reasons for the decision including the findings on
any factual matter;
 Name and designation of the person giving decision;
 Details of fees required to be deposited.
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43. Third Party Information (11)
 Third Party as per Section 2(n) means:
1. A person,
2. Other than the citizen making a request for information
and includes a public authority;
 Provisions of Section 11(1):
1. Where a CPIO/SIPO intends to disclose any information
or record, or its part thereof;
2. On a request made under this act;
3. Relating or supplied by third party.
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44.  Must give a written notice within 5 days of the
request and inform that CPIO/SPIO intends to
disclose the information and record.
 Whether the information should be disclosed or not,
 Submission of the third party shall be kept in view
while taking decision about disclosure.
 Provided that except in the case of trade or
commercial secrets protected by law.
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Contd.

45. Contd. - Disclosure may be allowed-
 if public interest outweighs in importance than any
possible harm or injury to the interests of the to :
 After notice is served, third party shall within ten
days make representation against the proposed
disclosure. Section (11)(2);
 CPIO shall make decision within 40 days from the
date of request, having given the opportunity to the
third party to disclose or not to disclose information,
and give notice of his decision. Section (11)(3)
 Applicant may prefer an appeal Under Section 19.
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46. Central Information Commission
Section(12-14)
 Chief Information Commissioner, and Central
Information Commissioners (not exceeding10)
 Appointed by the President of India, on the
recommendations of :-
 Prime Minister, Chairperson of the Committee
Leader of Opposition in Parliament, and Union
Cabinet Minister
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47. Terms of Office - Section(13)
 Five year term – no reappointment;
 Age not more than 65 years;
 Person of eminence in Public Life;
 Shall not be a MP;
 Not be member of any Political Party;
 Not carrying on any business;
 Not pursuing any profession;
 Status same as Election Commissioner
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48. Powers and Functions of CIC – Section(18)
1. To receive and inquire into a complaint of any person-
 who has been unable to submit a request to CPIO either
because no such officer has been appointed or such officer has
refused to accept his application for information;
 refused access to any information;
 has not been given a response to a request for information; or
access to information within the time limit specified under this
act;
 has been required to pay the amount which is deemed
unreasonable;
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49. Contd.
 who believes that he/she has been given incomplete,
misleading, or false information;
 any other matter relating to requesting or obtaining access
to records under this Act;
2. Enquiry - Section 18(3)
 It may initiate enquiry in any such matters;
 It has powers as vested in civil courts in respect of
following matters;
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50. Section 19: Appeal
First appeal-section 19(1):
 Any person not satisfied with the decision of CPIO can within a
period of 30 days prefer an appeal before designated first appellate
authority (senior in rank to CPIO) in each public authority.
 FAA shall dispose of such appeal within 30 days or extended period
of 45 days (sec 19(6))
Second appeal-section19 (3)
 A second appeal against FAAs order can be preferred before CIC
within a period of 90 days from the date on which decision should
have been made.
 CIC/SIC shall decide the appeal in accordance with such procedure
as may be prescribed (sec. 19(12)).
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51. Penalties - Section(20)
 CIC/SIC while deciding any complaint or appeal, opines that the
CPIO has:
 Without reasonable cause, refused to receive an application for
information; or
 Not furnished information within specified time; or
 Malafidely denied the request for information; or
 Given knowingly incorrect, incomplete, misleading information;
 Destroyed the information; or
 Obstructed in any manner in furnishing information;
 Impose a penalty of ` 250/- per day not exceeding ` 25000/-
 CPIO/SPIO shall be given reasonable opportunity of being heard
before any penal action against him. Burden to prove that he acted
reasonable and diligently vests with the CPIO/SPIO.
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52. Penalty - Section 20(2)
 Disciplinary action against CPIO under the service
rules,
 CIC or SIC while deciding any complaint or appeal is
of the opinion that,
 CPIO without any reasonable cause, and
 Persistently failed to receive an application for
information; or
 Has not furnished the information within the
prescribed time;
 Shall recommend disciplinary action.
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53. Protection - Section(21)
 No suit, no prosecution or other legal proceedings,
Shall lie against any person,
 Which is done in good faith, or
 Which is intended to be done under this act.
 Overriding effect - Section(22)
 Official secret act, 1923 and any other law in force or
any instrument are overridden by this act.
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54. Exempted organizations - Section(24)
 This act does not apply to intelligence and security
organizations given in Second schedule : 18 in
number.
 Provided information relating to the:
1. Allegations of corruption,
2. Human rights violations
 Shall not be excluded under this sec.
 Information shall be provided only after the approval
of the CIC within 45 days.
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55. Monitoring and Reporting - Section(25)
 Every public authority has to submit a quarterly report to CIC, on the
basis of which an annual report is generated by CIC. The report
contains following matters:
1. The number of requests and number of RTI appeals made a public authority;
2. The number of decisions where applicants were provided information and
number of cases where information was denied;
3. The provisions under which information was denied and number of times
such provisions were invoked;
4. The number of appeals referred to CIC for review;
5. The amount of charges collected under this Act;
6. Disciplinary action, if any, taken
7. The facts indicating the efforts of administering and implementing the spirit
and intention of the Act.
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56. Right to Information Rules 2012
Application fee (Rule 3) :
 A request for obtaining information be
accompanied by an application fee of
`10/- only.
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57. Contd.
Fees for providing information (Rule 4) :
A. ` 2/- for each page in A-3 or smaller size paper,
B. actual cost or price of a photocopy in a larger size paper,
C. actual cost or price for samples or models.
D. ` 50 per diskette or floppy
E. price fixed for publication of records or ` 20 per page of
photocopy for extracts from the publication
F. no fee for inspection of records for the first hour of inspection
and a fee of ` 5 each subsequent hour or fraction thereof
G. so much of postal charge involved in supply of information that
exceeds ` 50.
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58. Contd.
Exemption from payment of fee (Rule 5) :
No fee under rule 3 or rule 4 shall be charged from a
person who is BPL, provided a copy of the certificate
issued by the appropriate Government in this regard is
submitted along with the application.
Mode of payment (rule 6):
Fee under rules may be paid
-in cash, against proper receipt,
-DD or bankers cheque or IPO payable to Accounts Officer
of the Public authority,
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59. Format of Application
To
Name and designation of PIO,
Complete address.
1. Name of applicant:
2. Residential address:
3. Telephone/e-mail
4. Is applicant an Indian citizen: Yes/No.
5. Description of information:
a. Subject; period; office; etc
b. Sought; details
6. Whether be sent by post/personal:
7. Whether applicant belong to BPL:
8. Date & signature of the applicant.
59

60. Obligations and Powers of the appropriate
Government : Section 26(2)
 Compile a guide in its official language such
information in an easily comprehensible form and
manner as may be reasonably required by a person
within eighteen months;
 Update and publish the guide at regular intervals;
 Provide for the following matters.
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61. Contd.
 Fees payable under Sub-Section 6(1)
 Fees payable under Section (1) & (5) of S7;
 Salaries & allowances payable to and terms &
conditions of service of the officers & employees;
 Procedure to be adopted by the CIC/SIC in deciding
the appeals.
 Any other matter which is required to be or may be,
prescribed.
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62. Laying of Rules - Section(29)
 Every rule by CG under this act shall be laid before
parliament while in session or immediately in
successive session;
 Power to remove difficulties - Section (30)
 If any difficulty arises in giving effect to the
provisions of this act, the GOI may by order
published in the official gazette make such
provisions not inconsistent with the provisions of this
act as appear to it to be necessary or expedient for
removal of the difficulty
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63. Format for providing reply to RTI applicant
Although there is no fixed format for providing reply to RTI
applicants, but the reply should inter-alia contain following:
 1. Name, designation, email address and telephone number
of CPIO and First Appellate Authority
 2. Period within which the first appeal can be preferred
 3. Cases where information is denied, reasons for non-
disclosure of information and the relevant section of the RTI
Act is to be mentioned invariably
 4. Point wise information sought by the applicant should be
provided serially.
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