RIGHT TO INFORMATION ACT RIGHT TO INFORMATION WHY? Democracy requires an informed citizenry. Transparency of information vital to its functioning. To contain corruption Re-define larger framework of Accountability, Democracy, Ethics and Rights. Under-pins administrative reforms. Enables Human Rights to be realized. Harmonize conflicting interests. RIGHT TO INFORMATION ACT, 2005 The RTI bill was introduced in the Lok Sabha in December 2004. It was passed by both Houses of the Parliament in may 2005. The assent of the President was received on 15th June 2005 and act was notified in the Gazette of India on 21st June 2005. The RTI act has been operational on 12th October 2005 after completion of 120 days from the date of Presidential assent. SALIENT FEATURES OF THE ACT Maximum Disclosures Duty to Publish Suo motu and web based disclosures Duty to Furnish PIO and Deemed PIO Exemption – As per section 8 and 9 of the Act. Covers Private Body & Third Party Information Penalty for defiance. Independent and Non-judicial appellate mechanism Empowerment of citizens DEFINITION OF “INFORMATION” {SECTION 2 (f) & 2(j) of RTI Act, 2005} 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. What is a Public Authority? “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 organization substantially financed, directly or indirectly by funds provided by the appropriate Government; A public authority has to fulfill certain obligations as per RTI Act – 2005.

1. RIGHT TO INFORMATION ACT
BY – Virendra Vaishnav
B. Pharmacy 3rd Year
Apollo College of Pharmacy, Durg

2. RIGHT TO INFORMATION WHY?
• Democracy requires an informed citizenry.
• Transparency of information vital to its fun
ctioning.
• To contain corruption
• Re-define larger framework of Accountabili
ty, Democracy, Ethics and Rights.
• Under-pins administrative reforms.
• Enables Human Rights to be realized.
• Harmonize conflicting interests.

3. RIGHT TO INFORMATION ACT, 2005
• The RTI bill was introduced in the Lok Sabha in Dece
mber 2004.
• It was passed by both Houses of the Parliament in ma
y 2005.
• The assent of the President was received on 15th June 2
005 and act was notified in the Gazette of India on 21st
June 2005.
• The RTI act has been operational on 12th October 2005
after completion of 120 days from the date of Presiden
tial assent.

4. SALIENT FEATURES OF THE ACT
• Maximum Disclosures
• Duty to Publish
• Suo motu and web based disclosures
• Duty to Furnish
• PIO and Deemed PIO
• Exemption – As per section 8 and 9 of the Act.
• Covers Private Body & Third Party Information
• Penalty for defiance.
• Independent and Non-judicial appellate mecha
nism
• Empowerment of citizens

5. DEFINITION OF “INFORMATION” {SEC
TION 2 (f) & 2(j) of RTI Act, 2005}
• Obtaining information in the form of diskette
s, floppies, tapes, video cassettes or in any ot
her electronic mode or through printouts wh
ere such information is stored in a computer
or in any other device.

6. What is a Public Authority?
• “Public Authority" means any authority or body or instit
ution of self- government established or constituted— (a)
by or under the Constitution; (b)by any other law made b
y Parliament; (c)by any other law made by State Legislat
ure; (d)by notification issued or order made by the appro
priate Government, and includes any— (i) body owned,
controlled or substantially financed; (ii) non-Governme
nt organization substantially financed, directly or indir
ectly by funds provided by the appropriate Governmen
t;
• A public authority has to fulfill certain obligations as per
RTI Act – 2005.

7. ROLE OF PIO AND APIO
• Under the RTI act, Public Information Officers (PIOs) s
hould be designated in all administrative units of every
public authority in order to receive information request
s from citizens.
• The RTI act requires that every public authority shall
designate Assistant Public Information Officers.
•Under the act, every APIO has the duty and responsibi
lity to receive information requests from the citizens an
d forward them to the PIO of the concerned public auth
ority that is likely to have the information being sought
by the applicant.

8. HANDLING NORMAL INFORMATION
(Section - 7 of RTI Act, 2005)
• Provide information within 30 days of the request.
• If the information concerns life or liberty of a person, wi
thin 48 hours.
• Failure to provide information within specified time lim
it by PIO will be deemed refusal of request.
• If payment of further fees is required to provide inform
ation, PIO to intimate the requestor.
• Intervening period excluded from specified period of 30
days.
Contd…

9. HANDLING NORMAL INFORMATION
• Fees prescribed for providing information in pri
nted or any electronic format is as under:-
i) A request for obtaining information under sub-sec
tion (1) of Section 6 shall be accompanied by and app
lication fee of rupees ten by way of cash against prop
er receipt or by Demand Draft of Bankers Cheque pa
yable to the public authority.
Contd…

10. HANDLING NORMAL INFORMATION
ii) Rupees two for each page (in A-4 or A-3 size paper) c
reated or copied;
iii) Actual charge or cost price of a copy in larger size
paper;
iv) Actual cost or price for samples or models; and
v) For inspection of records, no fee for the first hour; a
nd a fee of rupees five for each fifteen minutes (or f
raction thereof) thereafter.
vi) For information provided in diskette or floppy rup
ees fifty per diskette or floppy; and
Contd…

11. HANDLING NORMAL INFORMATION.
vii) For Information provided in printed form at the p
rice fixed for such publication or rupees two per p
age of photocopy for extracts from the publication
.
• No such fees for persons below poverty line.
• Info to be given free of charge (no fees) if not pro
vided within specified time limit.
• Info to be provided in the requested format unless
i) Disproportionately expensive.
ii) Affects safety or preservation of the record.

12. WHAT IS NOT OPEN TO DISCLOSURE
PIO may reject a request for info for any of the ground
s mentioned in Sections 8 & 9 (within 30 days)
Section (8) (1) {exemption from disclosure of informa
tion}
a) National Security - Information , disclosure of whi
ch would prejudicially affect the Sovereignty and Integ
rity of India, the Security, Scientific or Economic intere
sts of the State, relation with foreign state or lead to inc
itement of an offence;
Contd…..

13. WHAT IS NOT OPEN TO DISCLOSURE
b) Contempt of Court- Information which has been expressly forbid
den to be published by any Court of Law or Tribunal or the disclosure
of which may Constitute Contempt of Court;
c) Parliamentary Privilege- information, the disclosure of which woul
d cause a breach of Privilege of Parliament or the State Legislature;
d) Trade Secrecy- Information including commercial confidence, trad
e secrets or intellectual property, the disclosure of which would harm t
he competitive position of a third. Party, unless the competent authorit
y is satisfied that larger public interest warrants the disclosure of such
information;
Contd….

14. Protection: Section 21
• No suit prosecution or other legal
proceeding shall lie against any p
erson for anything which is done i
n good faith.

15. Central Information Commission:
• Central Information Commission is an au
tonomous body set up to inquire into co
mplaints received from citizens. One can
complain that he has been refused access
to information. He can also complain abo
ut how the public authority has handled
his request.

16. RTI Act 2005 – Penalty/Compensation
Provisions
• Penalties imposable by Information Commission
on PIO or officer asked to assist PIO. For unreaso
nable delay – Rs. 250 per day up to Rs. 25,000 For
illegitimate refusal to accept application, malafid
e denial, knowingly providing false information,
destruction of information, etc. - up to Rs. 25,000 f
ine Recommendation for departmental action for
persistent or serious violations.

17. Way Forward
• Improve Decision Making Process
• Critically examine the existing operating proced
ures including channels of supervision and acco
untability
• Review operating Manuals
• Develop standards of performance/ norms
• Set up Documentation / Learning Resource Cent
ers

18. THANKS