Right to information act, 2005, Objectives, Exemptions, Fees, Disposal of Information, Central Information Commission, Appeal and Penalty.

1. Right to Information Act, 2005
Prepared by-
Dr Ramandeep
Assistant Professor
Deptt of Commerce
GCW Sirsa

2. Introduction
The Constitution of India has enshrined the principles of
democracy, by guaranteeing to its citizens certain
Fundamental Rights.
Article 19(1)(a) and Article 21 of the Constitution of India,
by implication, guarantee to the citizens of India the right
to know everything done by public functionaries.

3. Establishment of the Act
• The Right to Information Act, 2005, received the assent
of the President on the 15th June, 2005.
• It came into force w.e.f. October 12, 2005.
• It extends to the whole of India except the State of
Jammu and Kashmir.

4. Objectives of the Act
• 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

5. Features of the RTI Act, 2005
It empowers every citizen to:
• Ask any Questions from the Government or seek any information
• Take Copies of any government documents
• Inspect any government documents
• Inspect any Government works
• Take samples of materials of any Government work.

6. Definitions

7. " Public Authorities " Sec 2(h)
means
• Any body constituted under the Constitution or a law made by Parliament or
State Legislatures.
• Any body constituted by a notification or order issued by the Central/State
Governments.
• Any body owned, controlled or substantially financed by the Central
Government or the State Government.

8. "Information" Sec 2(f)
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;

9. “Right to Information" Sec 2(j)
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 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.

10. “Record” Sec 2(j)
•Any document, manuscript and file;
•Any microfilm, microfiche and facsimile copy of a document;
•Any reproduction of images or images embodied in such microfilm
and
•Any other material produced by a computer or any other device .

11. Who has the Right to information (Sec 3)
Subject to the provisions of this Act, all citizens
shall have the right to information.

12. Obligations of Public Authorities (Sec 4)
Every public authority shall-
(a) maintain all its records duly catalogued and indexed in a
manner and the form and ensure that all records that are
appropriate to be computerised;

13. (b) Publish within 120 days from the enactment of this Act,-
• the particulars of its organisation, functions and duties;
• the powers and duties of its officers and employees;
• the procedure followed in the decision making process,
• the norms set by it for the discharge of its functions;
• the rules, regulations, instructions, manuals and records;
• a statement of the categories of documents that are held by it or under its
control;

14. • a directory of its officers and employees;
• the monthly remuneration received by its officers
• the budget allocated to each of its agency,
• the facilities available to citizens for obtaining information,
• the working hours of a library or reading room;
• the names, designations and other particulars of the PIOs;

15. Designation of Public Information (Sec 5)
The Act has established a 3 tier structure for enforcing
the right to information.
Central Information Commission
(CIC)
First Appellate Authority (FAA)
Central/State Public Information
Officer (APIO/PIO)

16. First Tier
• The First tier is Assistant Public Information Officer (APIO) or
Public Information Officer (PIO) in a Public Authority designated
as such under section 5 of the RTI Act.
• The APIO/PIO is required to provide information to an RTI
applicant as expeditiously as possible and in any case within 30
days of the receipt of a request as per section 7,

17. Second Tier
The Second tier is designated as the First Appellate Authority
(FAA). An RTI applicant who does not get the required
information within the specified time or is aggrieved by the
decision of CPIO may, within 30 days, address his first appeal to
an officer senior in rank to CPIO in each Public Authority.

18. Third Tier
At the third tier, the Central Information Commission (CIC) has
been established as the apex appellate authority under the RTI Act
2005.
An information seeker can file a second appeal before the Central
Information Commission against the order of FAA, if he is not
satisfied or does not receive an order from FAA within the specified
time as per section 19 (3) of the RTI Act.

19. Request for obtaining information (Sec 6)
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, accompanying such fee as may be prescribed, to—
(a) the CPIO or SPIO, as the case may be;
(b) the CAIPO or SAIPO, as the case may be,
specifying the particulars of the information sought by him or her.
Provided that where such request cannot be made in writing, the Officer, shall render all reasonable
assistance to the person making the request orally to reduce the same in writing.

20. Disposal of request (Sec 7)
In normal course, information to an applicant shall be supplied within 30 days
from the receipt of application by the public authority. If information
sought concerns the life or liberty of a person, it shall be supplied within
48 hours.
In case the application is sent through the Assistant Public Information Officer
(APIO) or it is sent to a wrong public authority, 5 days shall be added to
the period of thirty days or 48 hours, as the case may be.

21. Application Process
Apply in person or electronically
Time limit for giving information
If information concerns life and liberty
of a person
If information is given by third party then
invite objections if any
No action on application for 30 days
request in English or Hindi or local
official language
deemed refusal
add 10 extra days
must be given within 48 hrs
30 days
[Sec. 6 & 7]

22. Fees prescribed by the Central Government:
For supply of information
Application fee:
Cost of stationery:
Rs.10.
Rs. 2/- each page of the information
in A4/A3 size of paper and actual cost
in case of larger size of paper.
Cost per floppy/CD: Rs. 50
For inspection of records No fee for first hour.
Rs.5 for each subsequent hour and
fraction thereof.
If information is not given within time limit it must be given free of cost.

23. Exemptions from disclosure of information (Sec 8)
• Information which would prejudicially affect-
• sovereignty and integrity of India;
• security/strategic/scientific/economic interests of the State;
• relation with foreign State
• Information which might incite an offence
• Information which
- is forbidden by a court;
- that causes a breach of privilege of the Legislature;
- would harm the competitive position of a third party;

24. - received in confidence from foreign Government;
- would endanger the life of any person;
- would impede the process of investigation;
- would involve an infringement of copy right.
• Personal information which has no relationship to any public activity or
interest
• Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and officers;

25. Exempted Categories
• Intelligence Bureau,
• Research & Analysis Wing,
• Directorate of Revenue Intelligence,
• Central Economic Intelligence Bureau,
• Department of Enforcement,
• Narcotics Control Bureau,
• Aviation Research Centre,
• Special Frontier Force,
• BSF, CRPF, ITBP, CISF, NSG,
• Special Service Bureau,

26. Grounds for Rejection to Access (Sec 9)
A CPIO or a SPIO, as the case may be, may reject a
request for information where such a request for
providing access would involve an infringement
of copyright subsisting in a person other than the
State.

27. Third Party Information (Sec 11)
Third party in relation to the Act means a person other
than the citizen who has made request for information.
The definition of third party includes a public authority
other than the public authority to whom the request has
been made.

28. Central
and
State
Information Commission

29. Central Information Commission
• 1 C h i e f I n f o r m a t i o n Commissioner and max 10 Information
Commissioners (ICs) (one 5 years term, up to 65 years of age).
• Central Information Commission to be based in Delhi.
• Chief Information Commissioner to be in Delhi but ICs could be based in other parts.
• Commission will be independent of Govt control.
• CIC and ICs to be appointed by President with immediate effect
• Names recommended by committee- PM(Chair), Leader of Opposition in the Lok Sabha
and 1 Cabinet Minister nominated by PM.

30. State Information Commission
• 1 S t a t e C h i e f I n f o r m a t i o n Commissioner (5 years term) and max 10
State Information Commissioners (SICs) (one 5 yearterm).
• State Information Commission could be in any part of state.
• Commission will be independent of Govt control.
• SCIC and SICs to be appointed by Governor with immediate effect
• Names recommended by committee- CM(Chair), Leader of Opposition in the Vidhan
Sabha and 1 Cabinet Minister nominated by CM.

31. Who can not become the commissioner
The Act provides that Chief Information Commissioner or an
Information Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or
Union Territory as the case may be, or hold any other office
of profit or connected with any political party or carrying
on any business or pursuing any profession.

32. Removal from office
The President may by order remove from office the CIC or any IC, if found to be-
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) engages during his term of office in any paid employment; or
(d) is unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest.

33. Powers
and
functions
of Information Commissions.

34. Powers and functions of Information Commissions
1. Power to receive complaint directly in certain circumstances as enshrined in Sec 18,
for reasons such as
(i) where the Public Authority has not appointed a CPIO or
(ii) the CPIO has refused to accept an RTI application, or
(iii) the CPIO has not given a response within the specified time limit or
(iv) the CPIO has given incomplete, misleading or false information or
(v) where unreasonable fee has been demanded by CPIO etc.

35. 2. Power to order inquiry if there are reasonable grounds.
3. CIC will have powers of Civil Court such as:
•summoning and enforcing attendance of persons,
•compelling them to give oral or written evidence on oath and to produce documents
or things;
•requiring the discovery and inspection of documents;
•receiving evidence on affidavit;
•requisitioning public records or copies from any court or office;

36. 4. All records covered by this law must be given to CIC during inquiry for
examination.
5. Power to secure compliance of its decisions from the Public Authority includes-
• providing access to information in a particular form;
• directing the public authority to appoint a PIO/APIO where none exists;
• publishing information or categories of information;
• enhancing training provision for officials on RTI; ;
• seeking an annual report from the public authority on compliance with this law;
• impose penalties under this law

37. Appeal (Sec 19)

38. Appellate Authority
First Appeal
(Internal)
The officer senior in rank to the PIO in the concerned public
authority.
(Within 30 days from the date of refusal letter but delay may be condoned
if sufficient cause is shown)
Appeal to be disposed of within a period of 30 days extendable upto a
total of 45 days.

39. Appellate Authority
Second Appeal
(External)
to Central/State Information Commission
(within 90 days from the date of decision of first AA but delay may be condoned if sufficient
cause is shown)
No time limit for CIC/SIC to decide on appeals and Decision of CIC/SIC is binding.
Appeal against IC’s decision can be filed in High Courts/Supreme Court but not in lower courts.

40. Penalty(Sec 20)

41. Penalty
IC can penalize PIO Rs 250/- per day up to a maximum of Rs.
25,000/- for
• Refusal to receive application
• Not furnishing information within time limit
• Malafidely denying information
• Knowingly giving incorrect, incomplete, misleading information
• Destroying information which was the subject of request
• Obstructing furnishing of information in any manner

42. Multiple Choice Questions

43. The Right to Information Act, (RTI) 2005 signed by the President on:
(1) June 15, 2005 (2) July 15, 2005
(3) June 15, 2004 (4) July 15, 2004
The Right to Information Act, (RTI) 2005 came into force on:
(1) October 12, 2005 (2) November 13, 2005
(3) September 13, 2005 (4) December 13, 2005

44. The definition of “information” under Section 2 (f) includes:
(1) Records (2) Opinions
(3) Documents (4) All the above
APIO has to receive the following from the citizens:
(1) Applications for information (2) First appeals
(3) Second appeals (4) All the above

45. An RTI application can be sent
(1) By post (2) By e-mail
(3) Delivered personally (4) Through any of these means
Which provision of the RTI Act requires an “intimation for payment of further
fees” to be sent by the PIO?
(1) Section 6(3) (2) Section 7(3)
(3) Section 8 (4) None of the above

46. The RTI Act, 2005 provides that the Chief Information Commissioner (CIC) is
a:
(1) Statutory body (2) Regulatory body
(3) Constitutional body (4) Administrative body
The RTI Act, 2005 provides that the Election Commission is a:
(1) Statutory body (2) Regulatory body
(3) Constitutional body (4) Administrative body

47. The office of the Central Information Commission is located at
(1) New Delhi (2) Mumbai
(3) Chennai (4) Kolkatta
The RTI Online Portal is an initiative of
(1) The Department of Personnel & Training, Government of India
(2) The Ministry of Finance, Government of India
(3) The Ministry of Commerce, Government of India
(4) The Prime Minister Office, Government of India

48. Thank You