RIGHT TO

INFORMATION ACT,
2005 (RTI)

(Act No. 22 of 2005)

Presented by: Chittranjan Pal &

Nandini Raj Gupta

Chronology of RTI
FOI law first enacted, Sweden, 1766
Raj Narain vs. State of UP, India, 1776
Mazdoor Kisan Shakti Sangathan (MKSS)
Movement in Rajasthan, India, 1990
Freedom of Information Act, India, 2002
Right to Information Act, 2005

Salient Features
Central legislation; extends to the whole of India except the State
of Jammu and Kashmir.
Grants access to information held by a public authority.
Flows from two Fundamental Rights enshrined in the Constitution
Article 19-Freedom of speech and expression:
Information is necessary to form and express opinions, dissent or
support on any matter. It is therefore a part of Article 19 (1)(a)
Article 21-Right to life and liberty: Information is necessary
for protection of the right to life and liberty. It is therefore a part of
Article 21
Enacted
: 15 June 2005
Enforced : 12 October 2005
The Freedom of Information Act, 2002 has been repealed with
this act.

Objectives
To set out a practical regime of right to information
for citizens
To secure access to information under the control
of public authorities
To promote transparency and accountability in the
working of every public authority
To contain corruption
To increase citizens awareness and ability to
exercise their other rights
To equip them to participate meaningfully in the
development process

Logo
A very simple and iconic logo.
A sheet of paper with information on
it, and the authority figure behind it
providing the information.
This represents the two key
stakeholders in the process of
sharing information under the RTI
Act.
The lines of information on the sheet
of paper are rendered in a manner
that makes it look transparent,
showing through the form of i from
behind.
The solid form of i is a very
simplistic portrayal of the human form
and can also be related to the i for
information.
The bright blue color stands for
transparency and purity (free from
malpractices) of process.
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6 Chapters, 31 sections & 2

Schedules

Chapter I Preliminary, Sections1 & 2

Chapter II Right to Information and obligations

Chapter III

The Central Information

Section 12 to 14

Chapter IV

The State Information

Section 15 to 17

Chapter V Powers and functions to the

U
R
E

of
3 to 11

Commission,
Commission,

public Authorities, Sections

Information
Commissions,
Appeals and Penalties
Section 18 to
20
Chapter VI
Miscellaneous Section
21 to 31

Preamble
An Act to provide for setting out the practical regime of
right to information for citizens to secure access to
information under the control of public authorities, in order
to promote transparency and accountability in the working
of every public authority, the constitution of a Central
Information
Commission
and
State
Information
Commissions and for matters connected therewith or
incidental thereto.
AND WHEREAS democracy requires an informed citizenry
and transparency of information which are vital to its
functioning and also to contain corruption and to hold
Governments and their instrumentalities accountable to the
governed.
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Definitions
"appropriate Government"
means in relation to a public authority which is
(s.2)
established, constituted, owned, controlled or substantially financed by funds
provided directly or indirectly
(i)
by the Central Government or the Union territory administration, the Central
Government
(ii) by the State Government, the State Government.

"competent authority" means

(i)
the Speaker in the case of the House of the People or the Legislative
Assembly of a State or a Union territory having such Assembly and the
Chairman in the case of the Council of States or
Legislative Council of
a State
(ii) the Chief Justice of India in the case of the Supreme Court
(iii) the Chief Justice of the High Court in the case of a High Court
(iv) the President or the Governor, as the case may be, in the case of other
authorities established or constituted by or under the
Constitution
(v) the administrator appointed under article 239 of the Constitution.

Definitions
(s.2)
records
reports

"information" means any material in any form, including

documents
memos
e-mails
opinions
advices
press releases
circulars
orders
logbooks
contracts

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.

Definitions
(s.2)
"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.

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Definitions
(s.2)

"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 organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government.

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Definitions
(s.2)

"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)
(ii)

inspection of work, documents, records;

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.

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Definitions
(s.2)
"third party" mean

a person other
than the citizen making a request for
information and includes a public authority.

Right to Information
Subject to the(s.3)
provisions of this Act, all citizens
shall have the right to information.

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Obligation of Public
Authority
(s.4)
Every public authority shall

maintain all its records duly catalogued and indexed in a

manner and the form which facilitates the right to
information under this Act and ensure that all records that
are appropriate to be computerized are, within a reasonable
time and subject to availability of resources, computerized
and connected through a network all over the country on
different systems so that access to such records is
facilitated.
publish all relevant facts.decisions affecting
public
constant endeavour of every public authority to take
steps.to provide as much information suo motu to the
public at regular intervals through various means of
communications, including internet, so that the public have
minimum resort to the use of this Act to obtain information.14

Disposal of Request
(s.7)
Time limit for giving
30 days
information

If information concerns
life and liberty of a
person

must be given within 48

hrs

If information is given
by third party then
invite objections if any

add 10 extra days

No
action
on
application for 30 days

deemed refusal

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Exempted Information
Affects the sovereignty
and integrity of India.
(s.8)
Forbidden by any court of law or tribunal.
Breach of privilege of Parliament or the State Legislature
Commercial confidence, trade secrets or intellectual property.
Information held in fiduciary relation.
Information
which
cannot be denied to
Information
from a foreign
government.
Information
that endangers
life.
Parliament
or Legislature
of a State
Information
which
impedes
theto
process
investigation or
shall not
be
denied
any ofperson.
prosecution.
Cabinet papers.
Information which relates to personal matters, the disclosure
of which has no bearing on any public activity or interest.
Information related to agencies mentioned in the Second
Schedule of the Act.
(Public interest in disclosure overrides restricting these information)
(Information dating to event/matter twenty years back shall be provided)

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Appeal and Penalties

(s.19 & 20)
APPEALS:
Internal
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.

External
Second appeal to CIC/SIC within 90 days of decision of 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.)

PENALTIES:
The CIC/SCIC shall impose a penalty of Rs. 250/- per day
Total amount will not exceed Rs 25,000 for
Not furnishing information in 30 days
Misleading the applicant
Providing wrong information
Not publishing information suo motu
Not computerizing data and uploading on website

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

recommend disciplinary action against an erring PIO.
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Inquiry to Public
Authority

Central Information
Public Officer

30 days

Central Assistant
Information Public
Officer

+ 5 days

Information related to
Administrative and
Quasi-judicial decisions

48 hrs

Information related to life

and liberty

+10 days

Information related to third

party

Appeal
within
30 days

Appellate
Officer
Appeal
within
90 days

disposition of
appeal:
30 days or extend
not beyond 45 days

SIC/CIC
High Court
Supreme Court

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Overriding effect[Sec.22]
The provisions of the Act have an overriding
effect over anything inconsistent contained in
the Official Secrets Act, 1923 or any other law
or instrument

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Fee that you have to pay:

CENTRAL
Rs 10 has to be deposited along
with the application form
Rs 2 has to be paid for every page
of information sought
Actual cost price for any samples or
models
For inspection of records, no charge
for the first hour: but a charge of Rs
5 for every 15 minutes thereafter
Actual cost price for paper larger
than A3 size
Rs 50 for information provided on a
diskette
For information in printed form, the
price fixed for the publication

DELHI
Requisition to be accompanied by
Rs 10 payable by cash/demand
draft/bankers Cheque to the
Accounts Officer:
Rs 2 per page created or copied
Actual cost or price for models
or samples
For inspection of records, no fee
for the first hour; Rs 5 for each
subsequent hour or fraction
thereof
Rs 50 for information on diskette
or floppy
For information in printed form,
at price fixed for publication or
Rs 2 per photocopied extract

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Instance where RTI can

be used

Seek information on certain Government activities.

Reasons for certain Government decisions.
Seek information to prevent wrongdoings.
Suggest improvements once you have the information.
When bribes are sought.
Complaints or FIR goes unheeded.

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1. Landmark Judgments
2. Website link: http://rti.gov.in/
3. RTI Anthem Link:
http://www.youtube.com/watch?v=OF--0
uXYJos

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The largest democratic nation, India has

survived all vicissitudes, turbulences of all
kinds over the last half century and more.
In that context, the bringing into being of
the RTI has been an important milestone.
The Act that came into being last year
assures every citizen the right to know what
the citizen should, and throws open the
system of governance to total transparency
and therefore inescapable
accountability.
Dr. APJ Abdul
Kalam
Inaugural Address at the National Convention on RTI
13-10-2006: New Delhi
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THANKYOU

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Your Right to
INFORMATION!!!!!
Questions invited!!!

Disclaimer Clause: Views expressed in this presentation views of the author do not
necessary reflect those of the Institute.

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