rti hhy98y9 ii gigiugiugiugi7giuguigiuguigiugiugiugifuiyfiyufigigigigiugi7fg8figijguyfuyf7uf78igiogiuguig8iu

1. 1
THE RIGHT TO
INFORMATION ACT
Shailesh Gandhi
2005

2.  WHEREAS the Constitution of India has established democratic
Republic;
 AND WHEREAS democracy requires an informed citizenry and
transparency of information which are vital to its functioning and
also to contain corruption and to hold Governments and their
instrumentalities accountable to the governed;
 AND 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;
 AND WHEREAS it is necessary to harmonise these
conflicting interests while preserving the paramountcy of the
democratic ideal;
 NOW, THEREFORE, it is expedient to provide for furnishing
certain information to citizens who desire to have it 2
Preamble

3. • 2 (f) "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;
• Information must exist
3
Information

4. Public Authorities
Section 2h
“public authority” means 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;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate
Government;”
MMOPL, PM Cares 4

5. Right to Information
Sec 2 (j)
(j) “right to information” means the right to information
accessible under this Act which is held by or under the
control of any public authority and includes the right to--
(i) inspection of work, documents, records;
(ii) taking notes, extracts, or certified copies of documents or
records;
(iii) taking certified samples of material;
(iv)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;
CCTV footage
5

6. Most Important Section 3
Subject to the
provisions of this Act,
all Citizens shall have
the Right to
Information.
6

7. Section 4
Heart of the RTI Act
(1) Every public authority shall
(a) maintain all its records duly catalogued and
indexed in a manner and form which facilitates
the right to information under this Act and
ensure that all records that are appropriate to
be computerised are, within a reasonable time
and subject to availability of resources,
computerised and connected through a
network all over the country on different
systems so that access to such records is
facilitated;

8. • Seventeen points under 4 (1) (b) (xvii) such other
information as may be prescribed;
• The heart of the RTI Act.
• Unsatisfactory implementation.
• Computerisation
• Proper implementation could improve working
efficiency .
• It would also make the PIOs job easier.
• Over 50% RTI applications seek information which
should be available under Section 4.
8
Section 4 - Suo Moto
Disclosures

9. Every Office to have PIO
Section 5 (1) Every public authority shall, within
one hundred days of the enactment of this
Act, designate as many officers as the Central
Public Information Officers or State Public
Information Officers, as the case may be in all
administrative units or offices under it as may
be necessary to provide information to
persons requesting for the information under
this Act.
Public Information Officer generally called PIO

10. Sec 6 - Request for
obtaining information
• (1) A person, who desires to obtain any information
under this Act, shall make a request in writing or
through electronic means in English or Hindi or in the
official language of the area in which the application is
being made,
• (2) An applicant making request for information shall
not be required to give any reason for requesting the
information or any other personal details except those
that may be necessary for contacting him.
10

11. 7. Disposal of request
• (1) On receipt of a request under section 6 (PIO)
shall, as expeditiously as possible, and in any case
within thirty 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 sections 8 and 9:
• (2) If PIO fails to give decision on the request for
information within the period specified under sub-
section (1), the PIO shall be deemed to have refused
the request.
11

12. 7. Disposal of request
(Cont’d)
• (3) PIO must give details of further fees representing the
cost of providing the information as determined by him,
together with the calculations made to arrive at the amount
in accordance with fee prescribed under sub-section (1),
requesting him to deposit that fees, and the period
intervening between the despatch of the said intimation
and payment of fees shall be excluded for the purpose of
calculating the period of thirty days.
• (6) person making request for the information shall be
provided the information free of charge where a public
authority fails to comply with the time limits specified in
Sub-section (1) (30 days)
12

13. 30 day period
a) PIO receives RTI application- Day 1
After X days
b) PIO sends letter asking add. fees
30 day Clock Stops
c) Additional fees paid - 30 day clock starts
Information sent after Y days
d) X+ Y less than or = 30 days
If RTI application is transferred 35 days. 13

14. Samples of RTI applications
1.A. I want the photocopy of the layout approval and the
Building proposal approval given for Seaface Apartments at
Worli close to Mahakali Nullah.
B. As per the approved plan the distance of the Building from
the Mahakali Nullah.
C. If there has been any violation in the construction, if any
action has been initiated, I want a photocopy of the letter
by which action has been initiated.
2. I want a copy of the minutes of meeting of the Public
hearing/Gramsabha held on 15/7/2019 along with the file
notings and comments of the officers.

15. 3. If there are any norms for inspection and maintenance of roads, I
want a copy of the same, and designations of officers responsible for
doing this work.
If there are inspection reports of the roads, I want a copy of these as
well.
----------------------------------------------------------------------
4. You have by your letter no.C/RTI/1365 given me information at Exh. III
about encroachment of 16.5 acres at your Mankhurd premises by
Ramji Tak, Mohan Goyal and Popular Beverage. I want the following
information about these
Dates on which encroachment occurred.
Details of action taken in these matters by the society to remove
encroachments.

16. The copy of the MOU signed between Jairath, Secretary Industries,
Maharashtra State and DOW Chemicals International Pvt Ltd.
Copy of the IEM report submitted by Dow for this project.
Copies of any other communications on this including all file notings.
_________________________________________________
I want a copy of the contract signed for the construction of the
Hancock bridge alongwith the specifications.
___________________________________________________
I want to inspect files relating to ………..
I will bring Mr. ……. To assist me in the inspection.
Please suggest two dates with the time at which I could come for the
inspection. I will identify the documents for which I want
photocopies at the time of inspection.
Please ensure that the pages of the files are numbered.

17. Likely outcomes of RTI application
1. PIO sends letter asking for further fees to be paid and information
obtained by applicant. ---- Satisfactory outcome
2. You get letter from PIO transferring your application.-----further
communications will be with the PIO to whom RTI is transferred.
3. You get letter from PIO refusing to give information quoting an
exemption---- If you feel exemption is justified --- accept the
decision.
If you feel refusal is not justified--- File a first appeal within 30 days.
You must state reasons why you think refusal is not justified.
4. PIO asks you to come for an inspection- refer to SIC orders.
5. PIO does not respond at all: This is a deemed refusal without any
reason. File a first appeal after 35 days and before 60 days of the
RTI application
Addressed to the First Appellate Authority, c/o Public Information
Officer

18. Fundamental Right
RTI is a fundamental right of citizens under Article 19 (1)
(a) which guarantees Freedom of speech and
expression. Various Supreme Court judgments have
held that this includes Right to Information
and Right to Publish
The only permissible restrictions are given in Article 19 (2)
which permits reasonable restrictions in the ‘interests
of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States, public
order, decency or morality or in relation to contempt of
court, defamation or incitement to an offence’

19. Exemption from disclosure
of information – Section 8
(1) Notwithstanding anything contained in this Act, there shall
be no obligation to give any citizen,-
(a) 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;
(b) 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;
(c) information, the disclosure of which would cause a
breach of privilege of Parliament or the State Legislature;
19

20. Section 8.. Cont’d.
• (d) 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;
• (e) 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;
• (f) information received in confidence from foreign govt.;
• (g) 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; 20

21. Section 8.. Cont’d.
• (h) information which would impede the process of
investigation or apprehension or prosecution of offenders;
• (i) cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers:
• Provided that the decisions of Council of Ministers, the
reasons thereof, and the material on the basis of which the
decisions were taken shall be made public after the decision
has been taken, and the matter is complete, or over:
• Provided further that those matters which come under the
exemptions specified in this section shall not be disclosed;
21

22. • ( j ) 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
unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information:
Provided that the information, which cannot be denied to the
Parliament or a State Legislature shall not be denied to any person.
• (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any
of the exemptions permissible in accordance with sub-section (1), a
public authority may allow access to information, if public interests in
disclosure outweighs the harm to the protected interests.
• (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1),
any information relating to any occurrence, event or matter which has
taken place, occurred or happened twenty years before the date on
which any request is made under section 6 shall be provided to any
person making a request under that section:
22
Section 8.. Cont’d.

23. Digital Personal Data Protection Act
Section 44(3)
Amends RTI Act 8(1)(j) thus and exempts:
information which relates to personal information
Deletes: 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
unless the PIO is satisfied that the larger public interest
justifies the disclosure of such information:
Provided that the information, which cannot be
denied to the Parliament or a State Legislature shall
not be denied to any person.
Will make it Right to DENY Information: RDI
DPDP Act must not override RTI Act Section 38 (2)
And No amendment to RTI Act
Sign Petition to PM at Change.org/savertiact

24. Section 8 (1)(j) exempts “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 unless the PIO is
satisfied that the larger public interest justifies the disclosure
of such information:
Provided that the information, which cannot be denied to
the Parliament or a State Legislature shall not be denied to
any person.”
Information could be denied if :1. It was personal information
AND a) Disclosure has no relationship to public activity or interest.
OR b) It is unwarranted invasion of privacy of the individual;
However this may be given if larger public interest justifies disclosure :
Provided that the information, which cannot be denied to the
Parliament or a State Legislature shall not be denied to any
person.”
This is in consonance with Article 19 (2).

25. Right To Information is a fundamental right of citizens under Article 19 (1) (a)
of the Constitution which guarantees Freedom of speech and expression.
This includes Right to Speech, to Publish, To vote and Information.
The only permissible restrictions are given in Article 19 (2) which permits
reasonable restrictions in the ‘interests of the sovereignty and integrity of
India, the security of the State, friendly relations with foreign States, public
order, decency or morality or in relation to contempt of court, defamation or
incitement to an offence’
Ten Exemptions in Section 8 are to protect harm to certain interests and must
be in consonance with Article 19 (2). The only two words applying to privacy
are ‘decency or morality ‘
Section 8 (1)(j) of the RTI Act exempts “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 unless the PIO is satisfied that the larger
public interest justifies the disclosure of such information:
Provided that the information, which cannot be denied to the
Parliament or a State Legislature shall not be denied to any
person.”

26. R. Rajagopal vs. State of Tamil Nadu 1994 SCC(6) 632
R. Rajagopal Ratio: “1. A citizen has a right to safeguard the
privacy of his own, his family, marriage, procreation,
motherhood, child-bearing and education among other
matters. None can publish anything concerning the above
matters without his consent - whether truthful or otherwise
and whether laudatory or critical.
2. …once a matter becomes a matter of public record, the right
to privacy no longer subsists and it becomes a legitimate
subject for comment by press and media among others. We
are, however, of the opinion that in the interests of decency
[Article 19(2)] an exception must be carved out to this rule,
viz., a female who is the victim of a sexual assault, kidnap,
abduction or a like offence should not further be subjected to
the indignity of her name and the incident being publicised in
press/media.
3) In the case of public officials, it is obvious, right to privacy, or
for that matter, the remedy of action for damages is simply
not available with respect to their acts and conduct relevant
to the discharge of their official duties.”

27. Section 11
(1) Where a PIO intends to disclose any information or
record, or part thereof on a request made under this
Act, 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 of the request and of the fact that the PIO
intends to disclose the information or record, or part
thereof, and invite the third party to make a
submission in writing or orally, regarding whether the
information should be disclosed, and such submission
of the third party shall be kept in view while taking a

28. Section 19 - Appeal
• 1. First appeal to First appellate authority within
30 days.
• 2. For not getting information, incomplete
information or wrong information.
• 3. FAA should decide in 30/45 days
• 4. If result of First appeal not satisfactory, file
second appeal to the Commission within 90 days.
• 5. Section 19 (5) Onus on PIO that denial of
information was justified. 28

29. Writ Jurisdiction
• Section 23: No court shall entertain any suit, application or other proceeding in
respect of any order made under this Act and no such order shall be called in
question otherwise than by way of an appeal under this Act.
• Article 32, Constitution of India 1950(2) The Supreme Court shall have
power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the rights
conferred by this Part.
• Article 226. (1)Notwithstanding anything in article 32
every High Court shall have powers, throughout the
territories in relation to which it exercise
jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government, within
those territories directions, orders or writs,
including writs in the nature of habeas corpus,
mandamus, prohibition, quo warrantor and certiorari,
or any of them, for the enforcement of any of the
rights conferred by Part III and for any other
purpose.

30. Writ Jurisdiction
• Hari Vishnu Kamath v. Ahmad Ishaque 1955-IS 1104 : ((S)
AIR 1955 SC 233) and in Surya Dev Rai vs. Ram Chander Rai and ors.
((2003) 6 SCC 675), the Supreme Court made the following observations and the
0following four proposition were laid :
• "(1) Certiorari will be issued for correcting errors of
jurisdiction;
• (2) Certiorari will also be issued when the Court or
Tribunal acts illegally in the
exercise of its undoubted jurisdiction, as when it
decides without giving an
opportunity to the parties to be heard, or violates the
principles of natural justice;
• (3) The court issuing a writ of certiorari acts in
exercise of a supervisory and not
appellate jurisdiction. Once consequence of this is that
the court will not review
findings of fact reached by the inferior court or
tribunal, even if they be erroneous.
• (4) An error in the decision or determination itself may
also be amenable to a writ of certiorari if it is a
manifest error apparent on the face of the proceedings,
e.g.,when it is based on clear ignorance or disregard of
the provisions of law. In other words, it is a patent
error which can be corrected by certiorari but not a mere
wrong decision.“

31. Appeal
Carefully look at the response and see if
information has been provided.
Information can only be denied if:
1. It is not available.
2. If it is exempt under Section 8 or 9.
3. File not found.

32. Section 20
• If information denied without reasonable cause
Commission must penalise the PIO/Deemed
PIO at Rs250 per day of delay, after giving an
opportunity of explaining. Maximum penalty Rs.
25000. Commission can also recommend
disciplinary action against the officer and
compensation to be paid to applicant.
32

33. Section 22
• The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and
any other law for the time being in force or in any
instrument having effect by virtue of any law
other than this Act.
33

34. Appeals
RTI application- Information in 30 days.
If no response provided or unsatisfactory response-
First appeal to be filed within 30 days of response or 60
days in case of no response.
First appellate authority  Order after hearing within
45 days.
If unsatisfactory order or no response
Second appeal to Commission within 90 days of First
appellate authorities order or 120 days from date of
First appeal if no order received from FAA.

35. Format of Application for Maharashtra -
Can be used for Central government bodies
 Application for obtaining information under RTI Act, 2005
 The Public information Officer,
 (Name of the Office with Address)
(1) Full name of applicant:
(2) Address:
(3) Particulars of the information required
◦ (i) Subject matter of Information:
◦ (ii) The period to which the information relates:.
(iii)Description of the information required:(in150 words)
1. I had given an application for a ration card on 5 August 2006
(photocopy of receipt attached). I want the following information
about its progress in the following format:
35

36. Date on which
Application
received
Name and
designation of
The officer
receiving it
Action taken Date on which
forwarded to
Next
officer/office.
*there will be as many rows as the number of officers who handled the
application.
Attested photocopies of all letters and notings will be provided.
2. I want a list of ration cards issued in the last two months giving the
dates on which the applications were made and the dates on which the
ration cards were issued.
(iv) Whether the information is required by post or in person: In person.
(v) In case by post: (Ordinary, Registered or Speed)
(4) Whether the applicant is below poverty line: No.
(if yes, attach the photocopy of the proof thereof.)
Place:
Date:
Enclosed: Copy of receipt of Ration card application
Signature of applicant

37. Annexure A (see rule 3)
Format of application for obtaining information under the
Right To Information Act, 2005
The Public Information Officer,
Commissioner of Police,
Opp. Crawford Market, D.N.Road,
Mumbai 400 001.
Tel: 22620826, 22623552
(1) Full name of the applicant: Shailesh Gandhi
(2) Address: B2, Gokul Apartment, Santacruz(W), Mumbai 400 054.
(3) Particulars of information required, -
(i) Subject matter of information: Investigation and action in the
case of alleged rape.
(ii) The period to which the information relates.: Last one year.
(iii) Description of the information required:

38. According to a newsreport in the Times of India dated 29 Apr. 06,
Inspector Prakash Aware was accused of raping a minor girl in
September, 2005. He was acquitted by the sessions Court in
February and has been reinstated in service.
I want a photocopy of the order reinstating him, along with the file
notings based on which the decision was taken.
(iv) Whether information is required by post or in person: By post
(The actual postal charges shall be included in additional fees).
(v) In case by post (Ordinary, Registered or Speed): By Speed post.
(4) Whether the applicant is below poverty line: No.
(if yes, attach the photocopy of the proof thereof.)
Signature of the applicant.
Place : Mumbai
Date : 2 May, 2006

39. Appeal under RTI Act 2005
Annexure B See Rule 5 (1)
Appeal under Section 19 (1) of the Right To Information Act
2005
First Appellate Authority,
Deputy Commissioner of Police,
Bawla Compound, Byculla, Mumbai 400027
1. Full name of the Appellant: Shailesh Gandhi
2. Address: B2, Gokul Apartment, Santacruz (W), Mumbai 400054
3. Particulars of the State Public information officer : PIO, Byculla
Police station.
4. Date of receipt of the order appealed against: 31 May 2006
5. Last date for filing the appeal: 30 June 2006.
6. The grounds for appeal: Facts of the case: I had asked for
information regarding the reinstatement of Inspector Prakash Aware
as per the attached application.

40. The PIO first sent me a letter stating that the information would be
provided by Byculla Police Station. The PIO, Byculla replied by his
letter of 16/5/2006 that the information could not be provided as it
was exempt under Section 8 (1) (h) which exempts ‘information
which would impede the process of investigation or apprehension or
prosecution of offenders’.
Grounds for appeal: The PIO has not shown how providing the
information could impede any investigation. Infact no investigation is
being held, since Mr. Prakash Aware has been reinstated. The
rejection is without any basis in law
7. Particulars of information-
a)Nature and subject matter of the information required:
Reinstatement of Inspector Prakash Aware
b)Name of the office or department to which the information relates:
Byculla Police.
Place: Mumbai
Date: 13 June 2006 Signature of Appellant

41. Summary Central Government
1. No specified format for applications and first appeals, -
useful to use Maharashtra format.
2. Application fee Rs. 10. Most convenient to attach a
Indian Postal Order of Rs.10/-.
No fees for appeals. For second appeal please check
rules at cic.gov.in
3. Online RTI application and first appeal can be filed at
www.rtionline.gov.in Central Government
www.rtionline.Maharashtra.gov.in Maharashtra
https://rtionline.up.gov.in/ Uttar Pradesh
https://rtionline.delhi.gov.in/ Delhi

42. Mera Bharat Mahaan

43. Mera Bharat Mahaan
... Nahi Hai,

44. Mera Bharat Mahaan
... Nahi Hai,
Per Yeh Dosh Mera Hai.
shaileshgan@gmail.com
For more information on RTI:
www.satyamevajayate.info