RIGHT TO INFORMATION ACT

2005
ALL CITIZENS SHALL HAVE THE RIGHT TO
INFORMATION

PURPOSE
 Transparency
 Accountability

Came into force on 12.10.2005

 Applies to?
 All citizens including public servants have
the right to access information under the
control of Public Authorities.

 Public Authority? Authority constituted by

 Constitution

 Parliament law or State law

 Govt. notification
 Is NWR a Public Authority?
 We treat the Divisions as separate entities.

 Relevance of question:
Transfer of cases and time-frame
 RTI includes right to:
 Inspect work & records

 Take certified samples of material

 Take notes, extracts, certified copies of

documents/ records

 Obtain information in the form of print outs,

floppies, tapes, video cassettes, other electronic
modes
 What is a “record” ?
 Document, manuscript, file

 Microfilm, microfiche, fax copy of

document

 Any other material produced by the

computer or other device
OBLIGATIONS OF PUBLIC AUTHORITIES

 Maintain records catalogued and indexed

computerization, networking for easy access
 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
 FACTORS TO CONSIDER
 Cost effectiveness

 Local language

 Most effective medium in the local area

 PARTICULARS TO BE PUBLISHED
(to be widely disseminated in easily accessible forms and
updated annually)
 Particulars, functions and duties of the organization

 Powers, duties of officers & employees

 Procedure followed in decision making including

channels 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 or for advising it  meetings, minutes accessible
to public or not?
 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
 Details of info held in electronic form
 Role of PIO and APIO
 PIO provides information to anyone
requesting for it

 APIO receives applications and forwards

them to PIO
To the extent possible, info should be

easily accessible in electronic format

with 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

 Take decisions regarding revelation of 3rd party info

 For the purpose of contravention of this act, such other

officer will be treated as PIO.
PIO Functions: Administrative viewpoint

 Monitoring RTI cell working

 Ensuring maintenance of RTI Cell base
records
 Compilation & sending of RTI info to R.Bd.
for CIC
 Forwarding appeals (to App Auth, to CIC)
 Liaison with Nodal officers
 FEES
 Information should be free of cost or at
prescribed cost of medium/printout

 No fees are to be taken from those below the

poverty line

 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

 PRESCRIBED FEES
 Governed by RTI (Regulation of Fee and
Cost) Rules, 2005

 Rs.10 for application

 Rs.2 per printed page

 Rs.50 per floppy

 REQUESTS FOR INFORMATION
 Will be made to PIO/APIO
 Will specify info particulars
 To be in writing/ electronic means (if it can’t 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 can
be part transferred
 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 redirected, in 5 days
 If not given in time, deemed refused
 Submission to be asked from 3rd party in 5
days
DISPOSAL OF REQUESTS: TIME-FRAME (contd.)

If further fees required, period between

dispatch of request and deposit of fees
will not count

(Further fees will only cover cost of

providing the info, as prescribed)
 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)
 Ask for 3rd party submission further
action thereupon
 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
 Reveals source of confidential info given for law
enforcement/security purposes
 Endangers life or safety of anyone
 Involves infringement of copyright not held by the State
 Cabinet papers
 MORE EXEMPTIONS
 Harms competitive position of 3rd party

 Information available in fiduciary relationship

In these cases, the info may be disclosed if the competent authority* is

satisfied that the larger public interest so warrants
(*as defined in the Act  for Rlys, President)

 Personal information unlinked with public activity

 Resulting in invasion of privacy of individual

In these cases, PIO / Appellate Authority may disclose the information

if the larger public interest so warrants
 Provisos to Exemptions
 Information which cannot be denied to the
Parliament/State Legislature cannot be
denied to anyone
 If public interest outweighs harm to
protected interests, Public Authority can
allow disclosure.
 Twenty Years Ago…..
However, any information about events
which happened 20 years ago is to be
provided, unless the sovereignty of India or
Breach of privilege of Parliament/legislature
is at stake.

Cabinet papers: always exempt.

 SEVERABILITY
• If the record contains exempted information
in parts, PIO can give that part of the
record which can be reasonably severed.

• Notice has to be given to applicant stating

that info is only part, reasons for the
decision, who gave the decision, details of
fees, details of right to review including
designation of App Authority
 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. In 40 days of receipt, take decision to
disclose if public interest outweighs harm
to 3rd party
 THIRD PARTY
POST DECISION ACTION

 Give notice of decision to 3rd party, stating his

appeal entitlement

 Appeal period: 30 days from order no proviso

for late appeal in 3rd party cases

 2nd appeal to CIC, in 90 days

 CIC will give reasonable opportunity to 3rd party

to be heard
 FIRST APPEAL
 To officer senior in rank to PIO

 To be preferred in 30 days from expiry of

period/ date of receipt of decision (if
good reasons, may accept even later)

 Grounds
Decision not received in time
Aggrieved by decision
 Appeal Disposal
 In 30 days of receipt of appeal

 May extend to 45 days with written

reasons
 Second Appeal
 Lies with CIC

 In 90 days (later if good reasons)

 We have to accept and forward 2nd

appeals too
 Information Commissions
 Central- Chief Information Commissioner

 State- State Chief Information

Commissioner
 POWERS OF I C s
 Receive complaints regarding
1. No PIO appointed
2. PIO refused to accept application for info
or appeal to AA or CIC
3. Refused access
4. Time limit expired & no response
5. Unreasonable fee
6. Info incomplete or false
7. Any other matter of RTI
 Can initiate inquiry
 Has powers like Civil Court
 Onus on PIO to prove refusal was justified
 CIVIL COURT POWERS of IC
IC has powers like a Civil Court trying suit under Civil Procedure Code:

 Summon, enforce attendance

 Compel oral/written evidence on oath
 Compel to produce documents, things
 Receive evidence on affidavit
 Requisition public records from any court/office
 Issue summons to examine witness/document
 Any other prescribed matter

No document under the Public Authority to which the Act applies

can be withheld from IC, notwithstanding any other Act of
Parliament
 POWERS OF I C s (contd.)
Can require the Public Authority to
 Provide information in particular form
 Appoint PIO
 Publish certain info
 Change practices relating to record management
 Enhance provision of training on RTI
 Compensate complainant
 Provide annual report

 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 (max)
till application taken/ information furnished

 If PIO persistently repeats the defined

actions, then…
CIC can recommend disciplinary action
against PIO
 PENALTIES (contd.)
 IC will give notice of appeal rights to
complainant/ public authority
 PIO will be given reasonable opportunity
to be heard before penalty imposition
 Burden on proving reasonableness,
diligence on PIO
 Protection of action taken in good faith
 REPORTING
Each dept to furnish information annually to CIC
regarding:
 No. of requests received
 No. of denials, Act provisions of deial decisions
 No of appeals to IC, nature, outcome
 Particulars of disciplinary action taken
 Amount of charges collected
 Recommendations of reform
 Efforts of Public Authority to administer the Act

Based on this, report of CIC will be tabled before

Parliament
 OVERRIDING EFFECT OF THE ACT
 Over Official Secrets Act 1923

 Any other law for the time in force

 Any instrument having effect by virtue of

any law other than this Act

 Freedom of Info Act 2002 repealed

 TO BE DONE…
 Analyze RTI implications in day-to-day
working, notings
 Filing policy and systematic
implementation
 Physical maintenance of records
 Computerisation- info retrieval
 RTI dealing machinery in all depts
 TO BE DONE…(contd.)
 Compilation and dissemination of
 Suo moto info
 Obligatory info

 Clarity in each dept regarding exemptable info

 Process of accountal, refund of cash receipts

 Record mgmt at RTI cell for reporting to Bd, CIC

 Training
 RECORDS REQD. AT RTI CELL
1. Application Registration Register
Need to link cash receipt & registration

 Establish common ground for direct, postal, email requests

 Record number of requests for reporting

 Track history of case thru the reg. no.

 Monitoring of target date with ref to cash receipt date (same

as reg date)
 MORE…
2. Rejection Register, provisions of the Act
used
3. Appeals Register, nature, outcome of
appeals
4. RTI D&AR Records, CIC ordered cases,
follow up action taken
5. Movement and accountability
6. Application fee, refunds, cash accountal
system
Need to Standardize Forms/Responses
 Applications
 RTI Cash Receipts
 Appeals to AA
 Appeals to CIC
 Notice to 3rd party
 Decisions to 3rd party
 Rejections
 Reply to email applications
 Reply to postal applications
 Request for further fees
 Transfer case responses
 Possible Structure for RTI Cell
 Registration Section :Public Interface
 Registration ( applications, appeals) , inward transfer cases,
emails, postal requests, provision of info/refusal, Application &
Rejection records

 Cash counter: Fee collection, accountal, refund, records

 Info processing: putting up requests, liaison with nodal
officers, arranging inspections, appeals, outward transfers, 3rd party,
related records

 Efficiency: compilation, reporting, monitoring

THANK YOU
FOR YOUR
PATIENCE!
Susmita Srivastava, Dy.CAO/G/NWR