The Right to Information Act was enacted in 2005 to provide citizens access to information held by public authorities in order to promote transparency and accountability. It extends to all of India except Jammu and Kashmir. Any citizen can request information from a public authority, to which the public information officer has 30 days to respond. If denied, citizens can file internal and external appeals. The Act also establishes penalties for non-compliance and exempts certain information such as cabinet papers and information provided by foreign governments.

1. Gaurav Raj Anand
BE/15067/12
NSS

2. Salient Features of the Act
 Central legislation; extends to the whole of India except the State
of Jammu and Kashmir.
 Grants access to information held by a public authority.
 Flows from two Fundamental Rights enshrined in the Constitution
 Article 19-Freedom of speech and expression: Information
is necessary to form and express opinions, dissent or support on
any matter. It is therefore a part of Article 19 (1)(a)
 Article 21-Right to life and liberty: Information is necessary
for protection of the right to life and liberty. It is therefore a part of
Article 21
 Enacted
: 15 June 2005
 Enforced
: 12 October 2005
 The Freedom of Information Act, 2002 has been repealed with this
act.

3. Objectives
To set out a 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 the
working of every public authority
To contain corruption
To increase citizens’ awareness and ability to
exercise their other rights
To equip them to participate meaningfully in the
development process

4. What is information?
any material in any form:
records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data
material in any electronic form, information relating
to any private body which can be accessed by a public
authority
File notings: are accessible unless they fall under the
exempted category [Section 2 (f), (i) and (j)]

5. Right to information means the
right to:
Inspect works, documents, records
Take
notes, extracts, certified copies
documents and records
Take certified samples of material
Access information in the following forms:
of
printouts, diskettes, floppies, tapes, videocassettes and
other electronic mode
[Section 2 (j)]

6. Preamble
An Act to provide for setting out the practical regime of
right to information for citizens to secure access to
information under the control of public authorities, in
order to promote transparency and accountability in
the working of every public authority, the constitution
of a Central Information Commission and State
Information Commissions and for matters connected
therewith or incidental thereto.
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.

7. Who can you demand information
from?
Public Authority:
Any institution/authority/body of self-government
established or constituted:
By or under the Constitution
By any law made by Parliament
By any law made by State Legislature
Body owned/controlled/substantially financed;
NGO
substantially financed by government [Section 2
(h)]

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

9. Section 4: the spirit of RTI 2005
“It shall be the endeavour of every public
authority…to provide as much information suo
moto to the public at regular intervals through
various means of communication…so that the
public have minimum resort to the use of this
Act to obtain information”
[Section 4 (1)]
http://petroleum.nic.in/rtiact2005.htm

10. Exemptions
 Affects the sovereignty and integrity of India.
 Forbidden by any court of law or tribunal.
 Breach of privilege of Parliament or the State Legislature
 Commercial confidence, trade secrets or intellectual property.
 Information held in fiduciary relation.
 Information from a foreign government.
 Information that endangers life.
 Information which impedes the process of investigation or prosecution.
 Cabinet papers.
 Information which relates to personal matters, the disclosure of which has
no bearing on any public activity or interest.
 Information related to agencies mentioned in the Second Schedule of the
Act.
(Public interest in disclosure overrides restricting these information)
(Information dating to event/matter twenty years back shall be provided)

11. PIOs: Who are they and what are
their obligations?
Public Information Officers are designated in every
public authority to provide information to
requisitioners
Their Duties:
Respond to information requests
Render all reasonable assistance including
reducing requisition in written format
If requested information is with another PA, the
PIO will transfer the requisition within 5 days
and inform the requisitioner immediately
[Section 6]

12. Duties of PIO
Respond to a requisition within 30 days:
Provide information on payment of fee
Reject the requisition with reasons
If information concerns life or liberty of requisitioner,
respond within 48 hours
If the PIO fails to do any of the above within 30
days, s/he shall be deemed to have refused the
request
[Section 7]

13. When information is rejected:
The PIO will have to communicate to the
applicant:
The reasons for the rejection
The period within which the appeal should be made
Particulars of the appellate authority
[Section 7 (8)]

14. Can you ask for partial disclosure?
In case of providing partial access to information:
 Reasons
 Names of PIOs who took the decision
[Section 10 (1)]
If information has been supplied by a third party/ third
party treats the information as confidential, the PIO will:
 Give a written notice to the third party within 5 days of
date of request to make a representation
 Third party will get 10 days to make a representation
[Section 11]

15. How do you
information?
request
for
Keep the questions short and specific
Details of IOs now available on website u/s 4(1)
(b)
Duty of PA to ensure that the application reaches
the correct PIO
No need to give reasons for making the
requisition
No prescribed application format: some PAs have
their own form but cannot enforce compliance

16. Fee that you have to pay: Central
Rs 10 has to be deposited along with the
application form
Rs 2 has to be paid for every page of
information sought
Actual cost price for any samples or models
For inspection of records, no charge for the
first hour: but a charge of Rs 5 for every 15
minutes thereafter
Actual cost price for paper larger than A3 size
Rs 50 for information provided on a diskette
For information in printed form, the price
fixed for the publication

17. Fee: Delhi
Requisition to be accompanied by Rs 10 payable
by cash/demand draft/banker’s cheque to the
Accounts Officer:
Rs 2 per page created or copied
Actual cost or price for models or samples
For inspection of records, no fee for the first hour; Rs 5
for each subsequent hour or fraction thereof
Rs 50 for information on diskette or floppy
For information in printed form, at price fixed for
publication or Rs 2 per photocopied extract

18. Appeals and Penalties
APPEALS:
Internal
First appeal to the officer immediately senior to Public Information Officer within
30 days of decision.
Appeal to be disposed of within a period of 30 days extendable upto a total of 45 days .
External
Second appeal to CIC/SIC within 90 days of decision of Appellate Authority.
(In both the appeals onus to justify denial of request shall be on the PIO.
Decision of the CIC/SIC is final and binding.)
PENALTIES:
The CIC/SCIC shall impose a penalty of Rs. 250/- per day
Total amount will not exceed Rs 25,000 for–
Not furnishing information in 30 days
Misleading the applicant
Providing wrong information
Not publishing information suo motu
Not computerizing data and uploading on website
CIC/SIC empowered to impose penalty on PIO.
disciplinary action against an erring PIO.
They can also recommend

19. 1. Landmark Judgments
2. Website link: http://rti.gov.in/
3. RTI Anthem Link:
http://www.youtube.com/watch?v=OF--0uXYJos