Right to Information Act, 2005

5.8.1
Objectives

• To secure access to information under the control of

public authorities
• To promote transparency and accountability in the
working of every public authority
• To curtail corruption
• To increase citizens awareness

5.8.2
Right to Information Act, 2005.

• Come into force from 12-10-2005.

• It extends to the whole of India except the State of Jammu and
Kashmir.

5.8.3
Section 2:- Definitions

Appropriate Government:-Means in relation to a public

authority which is established, constituted, owned, controlled
or substantially financed by funds provided directly or
indirectly.
Central Public Information Officer:-Means the Central Public
Information Officer designated under subsection (I) and
includes a Central Assistant Public Information Officer
designated as such under sub-section (2) of section 5.

5.8.4
Section 2:- Definitions

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;

5.8.5
Section 2:- Definitions

Record:- Includes-
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such
microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other
device;

5.8.6
Section 2:- Definitions

Right to information:-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 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;
5.8.7
Section 3:-

• Section 3:- Given provision all citizens shall have the right to
information.

5.8.8
Section 4:-Obligations of public authorities.

 Proactive disclosure (Sec 4)

• Particulars of the organization, its functions and duties;
• Procedure followed in its decision making process
• Norms set out for the discharge of its functions;
• Rules, regulations, instructions, manuals and records used by its employees for
the discharge of its functions,
• Arrangement for consultation with or representation by the public, in policy
formulation/implementation; etc………,,,,,,,

5.8.9
Section:-5 Designation of Public Information Officers

Designate as many officers as the,

Central Public Information Officers or
State Public Information Officers, as the case may be.
In all administrative units or offices under it as may be
necessary to provide information to persons requesting for the
information under this Act.

5.8.10
Section:-5 Designation of Public Information Officers

• Every public authority shall designate an officer:-

• A Central Assistant Public Information Officer or
• A State Assistant Public Information Officer, as the case may be.
• Assist the PIO for providing the information,
• Receive the applications for information or appeals under this Act
for forwarding the same forthwith to the Central Public
Information Officer or the State Public Information Officer

5.8.11
Section: 6 Request for obtaining 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.
• An applicant making request for information shall not be
required to give any reason for requesting the information o

5.8.12
Section:-7 Disposal of request.

 30 days from the date of application.

 48 hours if involves the life or liberty of a person.
 40 days if involves the interests of a third party.
 No response on application within the time limit can be treated
as deemed refusal

5.8.13
Fees prescribed by the Central Government:

 For supply of information

Application fee: Rs.10.
Cost of stationery: 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.
5.8.14
Section:-8 Exemption from disclosure of information.

Information which would prejudicially affect

sovereignty and integrity of India;
security/strategic/scientific/economic interests of the
State; relation with foreign State
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;
5.8.15
Section:-8 Exemption from disclosure of information.

 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 ;

5.8.16
Section:18 Powers and Functions of Information Commissions.

• Besides appeals, CIC/SIC also authorized to enquire into

complaints regarding-
 Inability to submit an request for information because a PIO has not been
appointed;
 Refusal/deemed refusal of information.
 Allegation that the fees charged are unreasonable.
 Allegedly incomplete or false or misleading information.

5.8.17
Section 19:-Appeals

1st Appeal
 First appeal to the officer immediately senior to Public Information
Officer within 30 days of decision.
Appeal to be disposed of within a period of 30 days extendable upto a
total of 45 days.
2nd Appeal
 Second appeal to CIC/SIC within 90 days of decision of 1st Appellate
Authority.
In both the appeals onus to justify denial of request shall be on the PIO.
Decision of the CIC/SIC is final and binding.
5.8.18
Sec. 20:-Penalty Provisions

PIO liable to a fine of Rs. 250 per day up to a maximum of Rs. 25,000/- for
 not accepting an application;
 delaying information without reasonable cause;
 malafidely denying information;
 knowingly giving incomplete, incorrect or misleading information;
 destroying information that has been requested; and
 obstructing furnishing of information in any manner.

CIC/SIC empowered to impose penalty on PIO. They can also recommend

disciplinary action against an erring PIO.

5.8.19
RTI - Module

• All RTI applications received by PIOs are to be updated in

CAPIO module with valid user ID and password
• The module is available through RTI link of Indiapost website

5.8.20
CAPIO Module

10.3.21
Exercise

• Exercise 5.8.1

5.8.22