Right To Information Why?

RIGHT TO INFORMATION WHY?
• Democracy requires an informed

citizenry.
• Transparency of information vital to its
functioning.
• To contain corruption
• Re-define larger framework of
Accountability, Democracy, Ethics and
Rights.
• Under-pins administrative reforms.
• Enables Human Rights to be realized.
• Harmonize conflicting interests.
RIGHT TO INFORMATION ACT, 2005
• The RTI bill was introduced in the Lok Sabha in

December 2004.
• It was passed by both Houses of the Parliament in

may 2005.
• The assent of the President was received on 15th June

2005 and act was notified in the Gazette of India on
21st June 2005.
• The RTI act has been operational on 12th October 2005

after completion of 120 days from the date of
Presidential assent.
Applies to?
All citizens including public

servants have the right to access
information under the control of
Public Authorities.
SALIENT FEATURES OF THE ACT
• Maximum Disclosures
• Duty to Publish
• Suo motu and web based disclosures
• Duty to Furnish
• PIO and Deemed PIO
• Exemption – As per section 8 and 9 of the Act.
• Covers Private Body & Third Party
Information
• Penalty for defiance.
• Independent and Non-judicial appellate
mechanism
• Empowerment of citizens
DEFINITION OF “INFORMATION”
{SECTION 2 (f) & 2(j) of RTI Act, 2005}
• “Right to Information” means right to information accessible
under this act which is held by or under the control of any
public authority and includes the right to-
• Inspection of work, documents, records;
• Taking notes, extracts or certified copies of documents or
records;
• Taking certified samples of material;
• 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.
Contd…
What is a Public Authority?
• “Public Authority" means any authority or body or
institution of self- government established or constituted
— (a)by or under the Constitution; (b)by any other law
made by Parliament; (c)by any other law made by State
Legislature; (d)by notification issued or order made by
the appropriate Government, and includes any— (i)
body owned, controlled or substantially financed; (ii)
non-Government organization substantially financed,
directly or indirectly by funds provided by the
appropriate Government;
• A public authority has to fulfill certain obligations as per

RTI Act – 2005.
ROLE OF PIO AND APIO
•
Under the RTI act, Public Information Officers (PIOs)
should be designated in all administrative units of
every public authority in order to receive information
requests from citizens.
• The RTI act requires that every public authority shall

designate Assistant Public Information Officers.
•Under the act, every APIO has the duty and

responsibility to receive information requests from the
citizens and forward them to the PIO of the concerned
public authority that is likely to have the information
being sought by the applicant.
HANDLING NORMAL INFORMATION
(Section - 7 of RTI Act, 2005)
• Provide information within 30 days of the request.
• If the information concerns life or liberty of a person,

within 48 hours.
• Failure to provide information within specified time

limit by PIO will be deemed refusal of request.
• If payment of further fees is required to provide

information, PIO to intimate the requestor.
• Intervening period excluded from specified period of 30

days.
Contd…
HANDLING NORMAL INFORMATION
• Fees prescribed for providing information in printed or any electronic
format is as under:-
i) A request for obtaining information under sub-section (1) of Section 6

shall be accompanied by and application fee of rupees ten by way of cash
against proper receipt or by Demand Draft of Bankers Cheque payable to the
public authority.
ii) Rupees two for each page (in A-4 or A-3 size paper) created or copied;
iii) Actual charge or cost price of a copy in larger size paper;
iv) Actual cost or price for samples or models; and
v) For inspection of records, no fee for the first hour; and a fee of rupees five for
each fifteen minutes (or fraction thereof) thereafter.
vi) For information provided in diskette or floppy rupees fifty per diskette or
floppy; and
HANDLING NORMAL INFORMATION.
vii) For Information provided in printed form at the price fixed for
such publication or rupees two per page of photocopy for
extracts from the publication.
• No such fees for persons below poverty line.
• Info to be given free of charge (no fees) if not provided within

specified time limit.
• Info to be provided in the requested format unless
i) Disproportionately expensive.
ii) Affects safety or preservation of the record.

WHAT IS NOT OPEN TO DISCLOSURE
PIO may reject a request for info for any of the

grounds mentioned in Sections 8 & 9 (within 30 days).
However PIO has to commute
1.Reasons for rejection
2.Allowable period of appeal
3.Particulars of Appellate Authority
Section (8) (1) {exemption from disclosure of

information}
a) National Security - Information , disclosure of

which would prejudicially affect the Sovereignty and
Integrity of India, the Security, Scientific or Economic
interests of the State, relation with foreign state or lead
to incitement of an offence;
b) Contempt of Court- Information which has been expressly

forbidden to be published by any Court of Law or Tribunal or the
disclosure of which may Constitute Contempt of Court;
c) Parliamentary Privilege- information, the disclosure of which

would cause a breach of Privilege of Parliament or the State
Legislature;
d) Trade Secrecy- Information including commercial confidence,

trade secrets or intellectual property, the disclosure of which would
harm the competitive position of a third. Party, unless the competent
authority is satisfied that larger public interest warrants the disclosure
of such information;
Contd….
WHAT IS NOT OPEN TO
DISCLOSURE
e) Fiduciary Relationship- Information available to a
person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public
interest warrants the disclosure of such information;
f) Foreign Government- Information received in

confidence from Foreign Government;
g) Safety of informer in Law Enforcement- Information,

the disclosure of which would endanger the life or
physical safety of any person or identify the source of
information or assistance. Given in confidence for law
enforcement of security purposes;
Contd….
h) Investigation - Information which would impede the

process of investigation or apprehension or prosecution of
offenders;
i) Cabinet Papers - Cabinet Papers including records of

deliberations of the council of ministers, secretaries and
other officers:
j) Privacy - Information which relates to personal

information the disclosure of which has no relationship to
any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual
unless the central public
Contd….
Powers of Public Authority

• Section 8(2) – Notwithstanding anything in Official
Secrets Act, 1923 nor any of the exemptions permissible
in accordance with sub-section(1), a public authority may
allow access to information, if public interest in
disclosure outweighs the harm to the protected interests.
Voluminous Information
• Section 7(9) may be used to disallow voluminous
information.
Section 9: Infringement of copyright
Without prejudice to the provision of section 8, a Central

Public Information Officer or a State Public Information
Officer, as the case may be, may reject a request for
information where such a request for providing access
would involve an infringement of copyright subsisting in a
person other than the state.
Section 10: 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 INFORMATION
Section 11:
If information 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
FIRST APPEAL
Section 19:
To officer senior in rank to PIO
To be preferred in 30 days from expiry of
period/ date of receipt of decision
Grounds of appeal:
• Decision not received in time
• Aggrieved by decision
Second Appeal
• Lies with CIC
• In 90 days (later if good reasons)
• We have to accept and forward 2nd

appeals too
Protection: Section 21
No suit prosecution or other legal proceeding shall
lie against any person for anything which is done in
good faith.
Overriding effect; Section 22
RTI Act shall have effect notwithstanding anything

inconsistent therewith contained in the Official
Secrets Act, 1923 and any other law for the time
being in force or in any instrument having effect by
virtue of any law other than this Act.
Central Information Commission:
• Central Information Commission is an

autonomous body set up to inquire into
complaints received from citizens. One
can complain that he has been refused
access to information. He can also
complain about how the public authority
has handled his request.
RTI Act 2005 – Penalty/Compensation
Provisions
• Penalties imposable by Information Commission on PIO
or officer asked to assist PIO. For unreasonable delay –
Rs. 250 per day up to Rs. 25,000 For illegitimate refusal to
accept application, malafide denial, knowingly providing
false information, destruction of information, etc. - up to
Rs. 25,000 fine Recommendation for departmental action
for persistent or serious violations.
• Opportunity of hearing to be given.
• Commission can grant compensation for loss suffered by

applicant due to non-provision of information.
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RIGHT TO INFORMATION WHY?

• Democracy requires an informed

• The RTI bill was introduced in the Lok Sabha in

• It was passed by both Houses of the Parliament in

• The assent of the President was received on 15th June

• The RTI act has been operational on 12th October 2005

All citizens including public

• Obtaining information in the form of diskettes, floppies, tapes,

• A public authority has to fulfill certain obligations as per

• The RTI act requires that every public authority shall

•Under the act, every APIO has the duty and

• Provide information within 30 days of the request.

• If the information concerns life or liberty of a person,

• Failure to provide information within specified time

• If payment of further fees is required to provide

• Intervening period excluded from specified period of 30

i) A request for obtaining information under sub-section (1) of Section 6

iii) Actual charge or cost price of a copy in larger size paper;

iv) Actual cost or price for samples or models; and

• No such fees for persons below poverty line.

• Info to be given free of charge (no fees) if not provided within

• Info to be provided in the requested format unless

ii) Affects safety or preservation of the record.

PIO may reject a request for info for any of the

Section (8) (1) {exemption from disclosure of

a) National Security - Information , disclosure of

b) Contempt of Court- Information which has been expressly

c) Parliamentary Privilege- information, the disclosure of which

d) Trade Secrecy- Information including commercial confidence,

f) Foreign Government- Information received in

g) Safety of informer in Law Enforcement- Information,

h) Investigation - Information which would impede the

i) Cabinet Papers - Cabinet Papers including records of

j) Privacy - Information which relates to personal

Powers of Public Authority

Without prejudice to the provision of section 8, a Central

Section 10: Severability

•Notice has to be given to applicant stating that info is only

• Lies with CIC

• In 90 days (later if good reasons)

• We have to accept and forward 2nd

Overriding effect; Section 22

RTI Act shall have effect notwithstanding anything

• Central Information Commission is an

• Opportunity of hearing to be given.

• Commission can grant compensation for loss suffered by

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