RTI ACT, 2005

(Right To Information)
 INTRODUCTION

RTI stand for Right To Information. RTI act 2005 (act of

the parliament of India which replaced the erstwhile
freedom of information, act 2002) mandates timely
response to citizen requests for govt. information. RTI
empowers every citizen to seek information from govt.,
inspect any govt. doc. & seek certified photocopies .
RTI is a part of fundamental rights under article 19(1)(a)
of the constitution which states every citizen has
freedom of speech & expression.
 OBJECTIVES OF RTI

• To empower the citizens

• To promote transparency
• Accountability in the working of the govt.
• Contain corruption
• Informed citizen- about govt. activities
 LOOPHOLES IN RTI

• Increasing pendency of cases

• Definition of information
• Lack of infrastructure
• Not all institutions under RTI (e.g.- Judiciary)
• Low awareness level
• Corporate not under RTI (e.g.- Banking, Insurance,
Telephony etc.)
 IMPORTANT DATES

• 11th May, 2005 (passed by- Lok sabha)

• 12th May, 2005 (passed by- Rajya sabha)

• 15th June, 2005 (passed by- President)

• 12th October, 2005 (applicable/effective)

 SECTION 2
DEFINATION

Sec.2(f):“Information”: It means any material in any form includes

records, doc., memos, e-mail, logbooks, contract, circular, data
material held in any electronic form &information related to any
private body which can be accessed by a public authority.
Sec.2(h):“Public Authority”: It means any authority or body or
institution of self-govt. or constituted by <i> constitution <ii>
law made by parliament <iii> law made by state legislative <iv>
NGOs funded by govt.
Sec.2(n):“Third Party”: It means a person other than the citizen
making a request for information & includes public authorities.
 SECTION 3
RIGHT TO INFORMATION

Subject to the provisions of this act, all citizen of India

shall have the right to information.

Citizen of to seek information Public Authority

India
 SECTION 4
OBLIGATION OF PUBLIC AUTHORITY

• 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, within a
reasonable time and subject to availability of resources.

• Published within one hundred and twenty days from the

enactment of this act.
 SECTION 5
(DEGINATION OF PIO)
Officers under RTI or officers in public authority for
RTI.

Central Govt.
Central Assistant Public
Information Officer (CAPIO)

Central Public Information

Officer (CPIO)
 SECTION 6
REQUEST FOR OBTAINING INFORMATION
Particulars (Department, Period of info., Your details)
+
Application (Handwritten or Electronic, English, Hindi or Local
language)
(Request only for information, not required to give any reason for
requesting the info. Or any other personal details)

+
Fees rs.10 (Fixed by the govt.)
Sec6(3)(ii): The subject matter of which is more closely connected
with the function of another public authority, to which such
application is made, shall transfer the application as soon as
possible, but not later than 5 days.
 SECTION 7
DISPOSAL OF REQUEST

Life & Third

APIO PIO Liberty of
person Party

Max 35 Max 30 Max 48 Max 40

Days Days Hours Days
 SECTION 8
EXAMPTION FROM DISCLOSURE OF
INFORMATION

Sec8(a): National security

Sec8(b): Forbidden by law
Sec8(c): Breach of privilege of parliament
Sec8(d): Trade Secret
Sec8(e): Harm the large public Interest
Sec8(f): Confidential from foreign govt.
Sec8(g): Privacy of individual
Sec8(h): Information regarding investigation
Sec8(i): Cabinet papers
 SECTION 12
CENTRAL INFORMATION COMMISSION
Central government shall, constitute a body to be known as
the central information commission to exercise the
power conferred on, and to perform the functions
assigned to it.
Committee consist of-
• Chief information commissioner or information
commissioner, appointed by the president- on
recommendation of “Prime Minister, chairperson of the
committee, Leader of opposition in Lok sabha, union
cabinet minister”
• Other members, not exceeding ten.
 SECTION 13
TERM OF OFFICE AND CONDITION OF SERVICE

• Chief information commissioner shall hold the office for

a term of five yr. or attained the age of sixty-five yr.
whichever is earlier and not be eligible for
reappointment.

• Chief information commissioner or information

commissioner shall not be a Member of parliament or
Member of legislature of any state or union territory.
Not hold any other office of profit.
 SECTION 14
REMOVAL OF INFORMATION COMMISSIONER

• Chief information commissioner or information

commissioner shall be removed from his office
only by order of the President on the ground of
proved misbehavior or incapacity to his work.
 SECTION 15
STATE INFORMATION COMMISSION
State government shall, constitute a body to be known as
the state information commission to exercise the power
conferred on, and to perform the functions assigned to it.
Committee consist of-
• State chief information commissioner or state
information commissioner, appointed by the governor-
on recommendation of “Chief Minister, chairperson of
the committee, Leader of opposition in Legislative
Assembly, union cabinet minister”
• Other members, not exceeding ten.
 SECTION 16
TERM OF OFFICE AND CONDITION OF SERVICE
• State chief information commissioner shall hold the
office for a term of five yr. or attained the age of sixty-
five yr. whichever is earlier and not be eligible for
reappointment.

• State chief information commissioner or state

information commissioner shall not be a Member of
parliament or Member of legislature of any state or
union territory. Not hold any other office of profit.
 SECTION 17
REMOVAL OF STATE INFORMATION COMMISSIONER

• State chief information commissioner or state

information commissioner shall be removed from
his office only by order of the Governor on the
ground of proved misbehavior or incapacity to his
work.
 SECTION 19
APPEAL

No Reply
Reject in 30 Days
C.I.C

PERSON Application APIO 30 Days PIO 90 Days I.C.

+ +
15 days unlimited days of
sufficient cause sufficient cause

Reject
No Reply S.I.C
in 35 Days
 SECTION 20
PENALTIES ON APIO/PIO
.

WHEN
Application Destroy
non-accepted info.

Application Obstruct of
rejected Mis- leading flow of info.
without reason info. or
incomplete
info.

HOW MUCH

to the max of
Rs. 250 per Rs. 25,000
day for 100 days
 SECTION 23
JURISDICTION OF COURT
No lower court shall entertain any application. Only
High court & Supreme court accept the application.

State Information Central Information

Commission Commission

High Court Supreme Court

 SECTION 24
ACT NOT TO APPLY ON CERTAIN ORGANISATION
Sec24(1): Nothing contained in this act shall apply to the
intelligence and security organisation. Being organization
est. by the central govt. or any information furnished by
such organisation to the govt.

• National Technical Research Organisation(NTRO)

• Research And Analysis Wing(RAW)
• Intelligence Bureau(IB)
• Narcotics Control Bureau(NCB)
• Central Bureau of investigation(CBI)
• Wildlife Crime Control Bureau(WCCB)
 SECTION 25
MONITRING AND REPORTING
• Central information commission or State information commission, as soon as
practicable after the end of each year, prepare a report on the implementation
of the provisions of this act during the year and forward a copy to the
appropriate government.

• Each ministry or department shall, in relation to public authorities within their

jurisdiction, collect and provide info. report to the Central information
commission or State information commission.

Each report consist of-

• No. of requests made to each public authority.
• No. of decisions where the applicants were not entitled to access to the
document pursuant to the request.
 SECTION 26
ROLE OF GOVERNMENT

Awareness User
Programmes Guide

Instruct To
PIO Details Public Authority
SPECIMEN FORM OF APPLICATION FOR
SEEKINGINFORMATION
 THANK YOU
FOR YOUR ATTENTION

ABHINAV JAIMINI
(6th SEMESTER)