2. The RTI Act 2005: Why-n-What
An Act to provide for setting out the practical
government 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.
3. The RTI Act 2005: When-n-Where
This Act may be called the Right to Information Act,
2005.
The RTI act 2005 was enacted by permission and
authority of His Excellency, President of India. This act
was enacted by the Parliament on 15.06.2005 and
notified in the Gazette of India dated 21.06.2005.
It extends to the whole of India except the State of
Jammu and Kashmir.
4. The RTI Act 2005: Who
Who can exercise his / her right under The RTI Act
2005?
The answer is:
Subject to the provisions of this Act, all citizens shall
have the right to information.
5. The RTI Act 2005: Definitions
What is Information?
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.
6. The RTI Act 2005: Definitions
What is Record?
Record includes
•Any document, manuscript and file
•Any microfilm, microfiche and facsimile copy of a
document
•Any reproduction of image or images embodied in such
microfilm (whether enlarged or not); and
•Any other material produced by a computer or any
other device
7. The RTI Act 2005: Definitions
Who is Public Authority?
It is any authority or body or institution of self government
established or constituted.
• By or under the Constitution
• By any other law made by Parliament
• By any other law made by State Legislature
• By notification issued or order made by the
appropriate Government, and includes any-body
owned, controlled or substantially financed, non-
Government organization substantially financed,
directly or indirectly by funds provided by the Govt.
8. The RTI Act 2005: How
How To Request Information?
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
public authority by providing contact details.
9. The RTI Act 2005: Fee
Is There Any Fee To Seek Information?
FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION
• In case of central govt. departments, INR 10.00 by
way of cash under proper receipt, demand draft,
bankers cheque, Indian postal order, money order or
cash deposited at designated post offices.
• In case of state govt. departments, particularly in
Maharashtra state, INR 10.00 by way of cash under
proper receipt, demand draft, banker’s cheque,
money order or court fee stamp.
10. The RTI Act 2005: Process
How Is Your Application Dealt?
Public Information Officer (PIO) on receipt of a
request, as expeditiously as possible, and in any case
within thirty (30) 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 like security, copyright,
commercials, etc.
14. The RTI Act 2005: Cost
Does Information comes at a cost?
Oh yes, because nothing is free.
A4 or A3 size paper
Fixed price materials
Diskette or Floppy or CD
Inspection cost
Rs 2 for each page plus
postage
At printed cost plus
postage
Rs. 50 plus postage
Free for first hour
15. The RTI Act 2005:
Machinery & Hierarchies
APIO
PIO
AA
IC
SIC
CIC
DOPT
Assistant Public Information Officer
Public Information Officer
Appellate Authority
Information Commissioner
State Information Commissioner
Central Information Commissioner
Department of Personnel & Training
You must know below terms well!
16. The RTI Act 2005: Appeals
What if you don’t get information requested?
If you don’t get proper response or requested
information from public authority or from its pubic
information officer within 30 calendar days, you can
file complaint with Information Commission or file an
appeal with first appellate authority.
Similarly, you can file complaint or appeal (as above)
for late response or for demand of cost of information
which is unreasonable.
17. The RTI Act 2005: First Appeal
Where and how to file first appeal?
You will have to move an appeal application along
with the prescribed appeal fee. In Maharashtra, it is
court fee stamp of INR 20/-. In Central Government
offices, there is no fee. First appellate authority is the
officer senior to public information officer. On receipt
of your appeal, this appellate authority will call an
explanation from PIO, might invite you to hear you
and will pass an reasonable order within 30-45 days.
18. The RTI Act 2005: Second Appeal
Where and how to file Second appeal?
If you are not satisfied with response of public
information officer and order passed on your appeal
by first appellate authority of particular public
authority, you can file second appeal with State
Information Commissioner or Central Information
Commissioner, as the case may be.
There is no prescribed time limit for getting response
or order at this level. Too many cases are piled up
with these offices.
19. The RTI Act 2005: Imp. Sections
The RTI Act has more than 30 sections and its
subsections. In order to get response every
time, one must study all sections and
amendments in the act from time to time.
Section 3: All citizens have the right
Section 4: Proactive disclosures by authorities
Section 6: Request for obtaining information
Section 7: How your requests will be treated
Section 8: Exemptions
Section 19 (1): First appeal
Section 19 (3): Second appeal
Section 20: Penalties and Disciplinary actions
20. Section 4:Obligation of PA
Every PA 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 the 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.
21. Section 4:Publish within 120 days
1) Particulars of organization, function and duties
2) The powers and duties of its officers and employees
3) The procedure followed in the decision making
process, including channels of supervision and
accountability
4) The norms set by it for the discharge of its functions
5) The rules, regulations, instructions, manuals, and
records, held by it or under its control or used by its
employees for discharging it functions
6) A statement of categories of documents that are
held by it or under its control
22. Section 4:Publish within 120 days
7. The particulars of any arrangement that exists for
consultation with, or representation by, the
members of the public in relation to the formulation
of its policy or implementation thereof.
8. A statement of the boards, councils, committees and
other bodies consisting of two or more persons
constituted as its part or for the purpose of its
advice, and as to whether meetings of those boards,
councils, committees and other bodies are open to
the public or the minutes of such meetings are
accessible for public
9. A directory of its officers and employees
23. Section 4:Publish within 120 days
10. The monthly remuneration received by each of its
officers and employees, including the system of
12. The manner of execution of subsidy programs
including the amounts allocated and the details of
compensation as provided in its regulations
11. The budget allocated to each of its agency, indicating
the particulars of all plans, proposed expenditures,
and reports on disbursements made
beneficiaries of such programs.
13. Particulars of recipients of concessions, permits or
authorization granted by it.
24. Section 4:Publish within 120 days
14. Details in respect of the information, available to or
held by it, reduced in an electronic form
15. The particulars of facilities available to citizens for
obtaining information, including the working hours of
a library room, if maintained for public use.
16. The names, designations and other particulars of the
Public Information Officers
17. Such other information as may be prescribed; and
thereafter update this publication every year.
25. Section 8:Exempted Organizations
IB, RAW of the Cabinet Secretariat
DRI, Central Economic Intelligence Bureau
Directorate of Enforcement
Narcotic Control Bureau
Aviation Research Centre, Special Frontier Force,
BSF, CRPF, ITBP, CISF, NSG,
Assam Rifles, Special Service Bureau
Special Branch (CID) Andaman & Nikobar
The Crime Branch (CID-CB) Dadra and Nagar Haveli
Special Branch, Lakshadweep Police
26. Information can not be shared
Sovereignty and Integrity Of India
Prevented by courts
Breach of privilege of Parliament
Trade secret, Intellectual property
Fiduciary relationship
Info received from foreign Government
Life and physical safety of any person
Issues under investigation
Cabinet papers
Invasion in privacy