RTI act 2005 ddddddddddddddddddddddddddddddd

For internal circulation of BSNLonly
Right To Information Act, 2005

WELCOME
• Management Module for the Topic: Right To
Information Act , 2005.
.

AGENDA
• Understand objectives of RTI Act
• Understand Implementation machinery
• Learn the Process to get information
• Understand Salient provision of the Act

• In 15th June 2005, India enacted this act with the
following objectives:
• Make government machinery Accountable
• Contain Corruption
• Promote Transparency
• Objective of this act is to give a simple tool to Indian
citizens to obtain information from government
machinery in a time bound manner. This act overrides
all previous acts (Official secret Act 1923, Evidence Act
1872 & clause 11 of CCS conduct Rule 1972 etc.)
wherever conflict is found.
Objectives of Act

BASIC DEFINITIONS
1. CIC/SIC
2. CAPIO/SAPIO/CPIO/SPIO/First A.A.
3. Public authority
- CPA
- SPA
4. Information
- Records, documents, memos, e-mail, opinion, advices,
press release, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in
electronic form & file nothing etc.

BASIC DEFINITIONS
5. Right To Information
– Inspect works, documents, records
– Take notes, extracts certified copies of
records/documents
– Take certified samples/models
– Obtain soft copy of information
5. Third Party
7 . Appropriate Government

TIME LINES TO GET THE NFORMATION
1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the
application for information is given to Assistant Public Information
Officer.
4. If the interests of a third party are involved then time limit will be 40
days (maximum period + time given to the party to make
representation).
Failure to provide information within the specified period is a deemed
refusal.

TIME LINES TO GET THE NFORMATION
First appeal: To FAA within 30 days from receipt of the decision of
CPIO
First Appeal shall be disposed of within 30 days from the date of its
receipt. Period extendable by 15 days if necessary
Second appeal : To CIC within 90 days from receipt of the decision of
FAA,
Third Party appeal against PIO's decision must be filed within 30 days
before first Appellate Authority; and, within 90 days of the decision on
the first appeal
Burden of proving that denial of Information was justified lies with the
PIO

Structure for implementation of Act
State Central
Appellate
CPIO
CAPIO
Public Authority
Appellate
SPIO
SAPIO
Public Authority
Central
Information
Commission
State
Information
Commission
PAs
PAs

PUBLIC AUTHORITY – Obligations
Record maintenance
• Duly catalogued and indexed
• Computerization of records wherever possible
within reasonable time and resources available
and;
• Connected through a network all over the country
on different systems so that access to such record
is facilitated

PUBLIC AUTHORITY – Obligations
Duty of Proactive Disclosure :
Every public authority must publish within 120 days from the
enactment of the act:
2.
1. Particulars of its organization, duties and
functions
Directory of its officers and employees and monthly salary
received
3. Budget allocated to each of its agencies indicating particulars of
all plans, proposed expenditure and reports of disbursements
4. Name, Designation and particulars of PIO / APIO etc.
5. Any other information which Public authority feels appropriate.
6. Information so provided should be updated on regular basis

PROCESS OF SEEKING
INFORMATION
• Application on plain paper
– Name, contact details
– In Hindi, English or local official language
– Rs. 10.00 in the form of IPO/DD/cash as registration fee
– No reason to be stated
– No fee for BPL category citizen
•Address To
PIO or APIO
• No bar on number of items/information sought per
application

Fee & Cost of information
• Registration fee - Rs. 10.00
• Additional fee
• Hard copy – Rs. 2.00 per copy for A3-A4 size paper.
• Soft Copy – Rs. 50.00 per CD
• Inspection – No fee for first hour & Rs. 5.00 for each
subsequent hour.
• Other information – Actual cost of information.
• Fee should be accepted in the form of IPO/DD/Cash
• No cost of information if supplied after 30 days period
• BPL category citizen need not to pay any type of fee.

Role of APIO
• APIO has to render reasonable assistance to the persons
seeking information & convert oral request for information
into black and white
• Check application & if application is valid then register the
request of applicant
• Deposit fee with AO(Cash)
• Forward application/appeal to concerned CPIO/ First A.A.
within 5 days
• Not responsible for giving information to the requestor.

Role of CPIO
• Receive application from citizens/through APIO
• Assist a person making an oral request to reduce it into
writing
• Examine application, collect information as required and
supply/deny as per provisions of RTI Act
• Also calculate cost of information & collect it
• Acts like a judge

Role of CPIO
• CPIO may seek assistance of any concerned officers
• Any officer, whose assistance has been sought will be treated
as a CPIO
• PIO to consider representation of third party before deciding
upon discloser of information related to third party
• If matter is related with other PIO, then forward application to
concerned PIO within 5 days with intimation to applicant

Role of CPIO
Disposal of request
 As early as possible, not later than thirty days from
the receipt of the request, either reject or provide
the information on payment of the prescribed fees.
 48 hrs – in the case of the information concerning
life or liberty of a person.
 40 days – in case of third party information
 5 days added - if application received through APIO
 Calendar days not working days.

Role of CPIO
 Failure to give information within the specified period – shall
be deemed to be refusal on the part of the PIOs.
 The 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.
 The period intervening between the dispatch of the said
intimation and payment of fees by the applicant shall be
excluded for the purpose of calculating the stipulated period

Role of CPIO
 PIO, if decided, not to provide sought information
then he has to
 Communicate the requestor
(i) the reasons for rejection (Specified in S.8 or S.9)
(ii)The period within which appeal against
rejection can be preferred
(iii) The particulars of the appellate authority

EXEMPTION FROM DISCLOSER
No obligation to give information to a Citizen-
•
•
•
• Information related with National security.
• Information related with contempt of Court
/CAT
Parliament Privilege
Third Party Information
Fiduciary nature information.

•
•
•
•
• Confidential Information
• Information that may affects the
physical safety of person
Vigilance/Investigation related
information.
Information of cabinet papers.
Information not related with any public
interest.
Information related with infringement of
copyright of any person



 Act not to apply to certain organizations
mentioned in Schedule II (cases of corruption and
human rights violation excluded)
Information about allegations of human rights
violation can be given only after the approval of
the CIC within 45 days.
Information about allegations of corruption can be
given only after the approval of the CIC within 30
days.

APPEAL
• First appeal with appellate authority in Public
Authority (within 30 days of PIOs order)
• Second appeal to CIC within ninety days of
order of first appellate
• Decision on first appeals within 30-45 days

Role of First A.A.
• Receive appeal from citizens/through APIO
• Acts like a judge
• Sought comments from CPIO/concerned officers
• Either accept or reject the request of appellant
• In case of acceptance - instruct either CPIO
or concerned officer to furnish information to
appellant.
- First A.A. himself/herself can also forward
information to appellant.

Role of First A.A.
• First A.A., has to furnish his/her decision to
appellant within 30 days (In exceptional case First
A.A. can take 45 days) with following details
(i) The period within which second appeal
against rejection can be preferred
(ii) The particulars of the Second
authority (i.e. Address of CIC)
First A. A. cannot impose penalty.
appellate
•

Powers of CIC
• CIC can accept complaint & appeal against
public authority
• CIC have powers of civil courts such as
- Summoning & enforcing attendance of persons
- Compelling them to produce documents
- Compelling them to submit affidavit
- Issuing summons for examination of documents
• CIC can impose penalty

Penalty
• CIC impose penalty of
- Rs 250/- per day
- Up to a maximum penalty of Rs. 25000.00 (Equivalent to delay
of 100 days)
- CIC can also recommend disciplinary action against errant
PIO/concerned officers

Penalty
- CIC impose penalty on PIOs/ concerned officer
found guilty for:
i. not accepting an application;
ii. delaying information release without reasonable cause;
iii. Malafidely denying information;
iv. knowingly giving incomplete, incorrect, misleading
information;
v. destroying information that has been requested and
vi. demanding unreasonable fee.

CONCLUSION
In conclusion we can say that Right to Information Act
2005 is a tool that checks corruption, and holds the
various bodies, agencies and departments of the
government accountable to the public. This prevents
arbitrary state action, which is the hallmark of a
responsible democracy.

RTI act 2005 ddddddddddddddddddddddddddddddd

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