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Came into force on 13

th
October 2005
1
The single most important act in our
country after the constitution of India is
the Right to Information Act ,2005
Justice K Surendra Mohan

RTI Act has introduced transparency
into the working of Government
Machinery. The act will certainly go
a long way in eliminating corruption
and evolving a more informed
process of Decision making
What does Right to Information mean?
Section 3 of RTI act declares that
Subject to the provisions of the act
All citizens shall have right to information
It includes the right to
Inspect records, documents etc
To take notes, extracts or certified
copies of documents or records
To take certified samples or materials
Obtain information in the form of print
outs, CDs , Diskettes, floppies, video
cassette or in any other electronic mode
What does information mean?
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 time being in force
-section 2 (f)
What is the procedure for requesting
information?
Apply in writing and through electronic means
in English or in Hindi or in the official
language of the area to the public information
officer or Assistant Public Information officer
( APIO) specifying the particulars of the
information sought for
No prescribed form , but the address of the
applicant is to be furnished so that he can be
contacted and details of the fee remitted etc
to be given
The applicant need not show any reason for
seeking information [Sec 6 (2) RT]




What is the fee for application?
` 10/- as Application Fee
Can be paid by
1. By affixing court fee stamp
2. By remitting to Treasury under head of
account 0070-60-800-42
3. By remittance to PIO/APIO
4. By DD/Postal Pay order payable to the
PIO/APIO
For inspection of records no fee for the first
hour and a fee of ` 5 for each subsequent
hour or fraction thereof
No fee for the persons who are below the
poverty line
( Valid certificate to be attached)




Who are public information officers?
( PIOs)
PIOs are officers designated by
the public authorities in all
administrative units or offices
under it to provide information to
the citizens requesting for
information under the act





What does a Public Authority mean?
Any authority or body or institution of
self-government established or
constituted
i. By or under the constitution of India
ii. By any other law made by parliament
iii. By any other law made by state
legislature
iv. By notification issued or order made
by Government and included any body
owned, controlled or substantially
financed by Govt.
v. Non-governmental organization
substantially financed directly or
indirectly by Government





What is the time limit to get
information?
30 days from the date of application
48 hours for information concerning
life and liberty of a person
5 days will be added to the above
information if application is
submitted to APIO
If the interests of a third party is
involved then time limit will be 40
days
Failure to provide information within
specified period is deemed to be a
refusal





What are Appellate authorities?
First appeal : To the officer senior in rank
to the PIO in the concerned Public
Authority (Designated as Appellate
authority in the Department or Office)
Should be given within 30 days
Shall be disposed within 30 days from
date of receipt
Second appeal: To the state information
commission or central information
commission as the case may be within
90 days







What are the penalty provisions?
Every PIO will be liable for fine of ` 250/day
up to a maximum of ` 25,000 for
i. Not accepting an application
ii. Delaying information release without
reasonable cause
iii. Malafidely denying information
iv. Knowingly giving incomplete, incorrect,
misleading information
v. Destroying information that has been
requested
vi. Obstructing furnishing of information in
any manner






What is not open to Disclosure?
1. Disclosure of information which would
prejudicially affect the sovereignty and
integrity of India
2. Information which has been expressly
forbidden to be published by any court
of law
3. The disclosure information of which
would cause a breach of privilege of
parliament or the state legislature
4. Information involving commercial
confidence, trade secrets etc and other
items included in section 8 of the RTI
act







Is partial disclosure allowed ?
Yes;
That part of the record which
does not contain any
information which is exempt
from disclosure and which can
reasonably be severed from any
part that contains exempt
information, may be provided







Which are excluded public authorities ?
1.IB 2. RAW
3. Revenue, Intelligence 4. CEIB
5. Directorate of Enforcement
6. Narcotic control Bureau
7. BSF
8. CRPF
9. NSG
10. SPG etc.
And also agencies specified by state
governments through notification





Thank you