RIGHT TO INFORMATION ACT 2005

ALL CITIZENS SHALL HAVE THE RIGHT TO

INFORMATION

PURPOSE Transparency Accountability

Comes into force 120 days from 15.6.05

RTI includes right to:

Inspect work & records
Take notes, extracts, certified copies of
documents/ records

Obtain information in the form of print

outs, floppies, tapes, video cassettes, other electronic modes

OBLIGATIONS OF PUBLIC AUTHORITIES

Maintain records catalogued and indexed-> computerization,

networking Publish certain particulars within 120 days Publish relevant facts while formulating policies/ decisions affecting public Provide reasons for administrative/ quasi-judicial decisions to affected persons Suo moto provide information ->minimize need for resorting to RTI Form of dissemination- easily accessible In 100 days, designate PIOs and APIOs Info should be free or at cost of medium only

DISSEMINATION
Notice boards Newspapers

Public announcements Media broadcasts Internet Inspection of offices Other means

PARTICULARS TO BE PUBLISHED
Particulars, functions and duties of the organization

Powers, duties of officers & employees

Procedure followed in decision making including channel
of supervision

Norms set for discharge of functions

Rules, regulations, instructions, manuals, records used

Statement of categories of documents held

PARTICULARS TO BE PUBLISHED (contd.)

Details of arrangement of consultation/ representation of

public in policy formulation or implementation Statement of boards, councils, committees constituted as its part Directory of officers and employees Their monthly remuneration Budget, plans, proposed expenditure Particulars of concession recipients Facilities available for obtaining information Name, designation, particulars of PIO
(to be updated annually)

Role of PIO and APIO

PIO provides information to anyone
requesting for it

APIO receives applications and forwards

them to PIO

Functions of PIO
Deal with requests for information

Offer reasonable assistance to applicant

Provide access-enabling assistance to sensorily disabled

Seek assistance from any other officer as considered

necessary

For the purpose of contravention of this act, such other

officer will be treated as PIO.

FEES
Information should be free of cost or at
prescribed cost of medium/printout poverty line

No fees are to be taken from those below the

If additional fees (cost of providing info) are

required, PIO has to give calculations to information seeker, and details of appeal rights

If time limits passed , info to be given free

REQUESTS FOR INFORMATION

Will be made to PIO To be in writing/ electronic means (if it cant be in
writing, PIO will assist to reduce oral request to writing) In Hindi, English, Official language of the area Accompanied by prescribed fee No reason required No personal details required except for contacting To be transferred to another public authority if pertains to them (in 5 days) applicant to be informed

DISPOSAL OF REQUESTS: TIME-FRAME

In 30 days if direct to PIO In 35 days if through APIO In 48 hours if life & liberty at stake If not given in time, deemed refused If further fees required, period between
dispatch of request and deposit of fees will not count

HOW TO DISPOSE
Give the information right away Give on payment of further fees Transfer to another Public Authority Refuse with reasons (as per exemptions in
the Act)

CASES OF REJECTION
PIO has to communicate

1. Reasons for rejection 2. Allowable period of appeal 3. Particulars of Appellate Authority

SOME EXEMPTIONS
Prejudices sovereignty, security,
scientific/economic interests of India Forbidden to be published by Court Breach of privilege of legislature Impedes process of investigation Endangers life or safety of anyone Involves infringement of copyright not held by the State

MORE EXEMPTIONS
Harms competitive position of 3rd party Information held in fiduciary capacity In these cases, the competent authority* may disclose
(*as defined in the Act)

the information if the larger public interest so warrants

Personal information unlinked with public activity Resulting in invasion of privacy of individual In these cases, PIO may disclose the information if the
larger public interest so warrants

Twenty Years Ago..

However, any information about events which happened 20 years ago is to be provided, unless the sovereignty of India or contempt of court is at stake.

SEVERABILITY
1. If the record contains exempted information in parts, PIO can give that part of the record which can be reasonably severed. 2. Notice has to be given to applicant stating that info is only part, reasons for the decision, details of fees, details of right to review

APPEAL
To officer senior in rank to PIO To be preferred in 30 days from expiry
of period/ date of decision

Grounds
Decision not received in time Aggrieved by decision

THIRD PARTY
If info to be disclosed was supplied in confidence by a third party, then: 1. In 5 days, invite submission from 3rd party 2. Submission to be in 10 days 3. Keep submission in mind 4. Allow disclosure if public interest outweighs harm to 3rd party 5. Give notice of decision to 3rd party, stating his entitlement to appeal

Information Commissions
Central- Chief Information Commissioner
State- State Chief Information
Commissioner

POWERS OF I C s
Receive complaints regarding
1. 2. 3. 4. 5. 6.
No PIO appointed PIO refused to accept application Refused access Time limit expired Info incomplete or false Any other matter of RTI

Can initiate inquiry Has powers like Civil Court Appeal to IC is 2nd appeal, in 90 days Onus on PIO to prove refusal was justified

POWERS OF I C s (contd.)
Can require the Public Authority to Provide information Appoint PIO Publish certain info Change practices relating to record management Enhance provision of training on RTI Compensate complainant

I C can impose penalties

PENALTIES
IF PIO WITHOUT REASONABLE CAUSE Refused to receive application Did not furnish info in time With malafide intention denied request Knowingly gave incorrect info or destroyed subject info Obstructed furnishing of info Then

PENALTIES (contd.)
Rs.250 per day up to Rs. 25000
till application taken/ information furnished

Also, can recommend disciplinary action

against PIO

REPORTING
Each dept to furnish information annually to CIC regarding: No. of requests received No. of denials No of appeals to IC Particulars of disciplinary action taken Amount of charges collected Recommendations of reform Based on this, report of CIC will be tabled before Parliament

THANK YOU FOR YOUR PATIENCE!

Susmita Srivastava, Dy.CAO/G/NWR