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| RTI Act 2005-A User's guide |
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Objectives of Right to Information Act
[Preamble] |
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• set 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;
• provide for the constitution of a Central Information Commission
and State Information Commissions and for matters connected therewith
or incidental thereto.
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Why a Legal Framework Necessary?
[Preamble] |
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• facilitate right to information leading
to an informed citizenry and transparency of information which are
vital to the functioning of democracy as established by the Constitution
of India and also to contain corruption and to hold Governments
and their instrumentalities accountable to the governed;
• harmonise conflicting interests in practice involved in
revelation of information and other public interests such as efficient
operations of government, optimum use of limited fiscal resources
and the preservation of confidentiality of sensitive information
while preserving the paramountcy of the democratic ideal. |
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Definition of Public Authority
[Preliminary] |
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• 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 by the appropriate Government. |
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Appropriate Government
[Preliminary]
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• in relation to a public authority which
is 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. |
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Competent Authority
[Preliminary] |
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• 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;
• the Chief Justice of India in the case of the Supreme Court;
• the Chief Justice of the High Court in the case of a High
Court;
• the President or the Governor, as the case may be, in the
case of other authorities established or constituted by or under
the Constitution;
• the administrator appointed under article 239 of the Constitution. |
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Information Commission
[Preliminary] |
• Central Information
Commission or State Information Commission constituted under the
Act, as the case may be. |
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Public Information Officer (PIO)
[Preliminary]
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• Central Public Information
Officer including Central Assistant Public Information Officer designated
under the Act or State Public Information Officer including State
Assistant Information Officer designated under the Act, as the case
may be. |
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Assistant Public Information Officer
[Preliminary] |
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• Central Assistant Public Information
Officer or State Assistant Public Information Officer designated
under the Act, as the case may be. |
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Definition of “Information"
[Preliminary]
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• 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 the time being in
force. |
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Definition of "Record"
[Preliminary]
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- any document, manuscript and file;
- any microfilm, microfiche and facsimile
copy of a document;
- any reproduction of image or images embodied
in such microfilm (whether enlarged or not); and
- any other material produced by a computer
or any other device.
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Definition of “Right to Information”
[Preliminary]
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• right to information accessible under
the Right to Information Act 2005 which is held by or under the
control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) 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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Definition of "Third Party"
[Preliminary]
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• a person other than the citizen making
a request for information and includes a public authority. |
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“Dissemination” of Information
[Section 4(3) & (4)] |
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• making known or communicated information
to the public through notice boards,
newspapers, public announcements, media broadcasts, the internet
or any other means, including inspection of offices of any public
authority. |
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Citizens’ Right to Information
[Section 3] |
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• all citizens shall
have right to information subject to the provisions of the Right
to Information Act 2005 – to be referred to as the Act in
this guide. |
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Obligations of a Public Authority
[Section 4] |
(1) Maintenance of Records
[Section 4 (1)a]
• maintain all its records duly catalogued and indexed in
a manner and the form which facilitates the right to information
under the Act;
(2) Computerisation of Records
[Section 4 (1) a]
• ensure that all records that are appropriate to be computerised
are, within a reasonable time and subject to availability of resources,
computerised and connected through a network all over the country
on different systems so that access to such records is facilitated;
(3) Proactive Disclosure
of Information
[Section 4 (1) b, c & d]
• publish within 120
days from the enactment of the Right to Information Act —
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including
channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held
by it or under its control or used by its employees for discharging
its functions;
(vi) a statement of the categories of documents that are held by
it or under its control;
(vii) the particulars of any arrangement that exists for consultation
with, or representation by, the members of the public in relation
to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its part
or for the purpose of its advice, and as to whether meetings of
those boards, councils, committees and other bodies are open to
the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
(xi) the budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports on disbursements
made;
(xii) the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect of the information, available to or held
by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading
room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii) such other information as may be prescribed;
• update the publications (i) to (xvii) every year;
• publish all relevant facts while formulating important policies
or announcing the decisions which affect public;
• provide reasons for administrative or quasi-judicial decisions
to affected persons.
(4) Provide Information
Suo Motto, Disseminate Widely
[Section 4 (2), (3) & (4)]
• constantly endeavour
to take steps in accordance with proactive disclosure requirements
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 the Right to
Information Act to obtain information;
• disseminate information in accordance with proactive disclosure
requirements widely and in such form and manner which is easily
accessible to the public, subject to taking into consideration the
cost effectiveness, local language and the most effective method
of communication in that local area.
(5) Designate Public Information
Officers
[Section 5 (1) & (2)]
• designate, within
100 days of the enactment of the Act, as many officers as the Central
Public Information Officers or State Public Information Officers,
as the case may be, in all administrative units or offices under
it as may be necessary to provide information to persons requesting
for the information under the Act;
• designate an officer, within 100 days of the enactment of
the Act, at each sub-divisional level or other sub-district level
as a Central Assistant Public Information Officer or a State Assistant
Public Information Officer, as the case may be.
(6) Make Information Accessible
to PIOs
[Section 4 (4)]
• make information easily
accessible, to the extent possible in electronic format with the
Central Public Information Officer or State Public Information Officer,
as the case may be, available free or at such cost of the medium
or the print cost price as may be prescribed.
(7) Transfer Mis-directed
Requests
[Section 6 (3)]
• transfer application
requesting for an information (i) which is held by another public
authority; or (ii) the subject matter of which is more closely connected
with the functions of another public authority in full or part as
may be appropriate to that other public authority within 5 days
of receipt, informing the applicant immediately about such transfer. |
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Obligations of Public Information Officers
[Section 5(3) & (4), 6(1) & 7(1)] |
• deal with requests
from persons seeking information and render reasonable assistance
to the persons seeking such information, taking the assistance of
any other officer, if considered necessary by him or her for the
proper discharge of duties;
• render all reasonable assistance, where request for information
cannot be made in writing, to the person making the request orally
to reduce the same into writing;
• dispose request for information under the Act either providing
the information requested on payment of prescribed fee or rejecting
the request for reasons to be specified within the time period stipulated
under the Act.
Obligations of Assistant
Public Information Officers
[Section 5 (2)]
• receive applications
for information or appeals under the Act for forwarding the same
forthwith to the Central Public Information Officer or the State
Public Information Officer or appellate officer or the Central Information
Commission or the State Information Commission, as the case may
be.
Obligations of Officer
whose Assistance is Sought
[Section 5 (5)]
• render all assistance
to the Public Information Officer who sought his or her assistance;
• to be treated as a Public Information Officer for the purposes
of any contravention of the provisions of the Act.
Request for Information
[Section 6 (1) & (2)]
• to be in writing or
through electronic means in English or Hindi or in the official
language of the area in which the application is being made;
• oral request to be reduced to writing with assistance sought
from Public Information Officer, where such request cannot be made
in writing;
• to specify the particulars of the information being sought
by the applicant;
• to be accompanied by fee as prescribed under the rules;
• to be made to the Central Public Information Officer or
State Public Information Officer, as the case may be, of the concerned
public authority or given to the Central Assistant Public Information
Officer or State Assistant Public Information Officer, as the case
may be;
• applicant not to be required to give reason for requesting
the information or any other personal details except those that
may be necessary for the purpose of contacting.
Disposal of Request
[Section 7 (1) to (8)]
• request for information
shall be disposed by the Public Information Officer within 30 days
of receipt in general cases and within 48 hours of receipt in cases
where the information sought for concerns the life or liberty of
a person, subject to that a period of 5 days shall be added in computing
the response time where an application for information is given
by an Assistant Information Officer;
• request to be deemed to have been refused by the Public
Information Officer, if decision on the request for information
is not given within the period specified as above;
• where a decision is taken to provide the information on
payment of any further fee representing the cost of providing the
information, the Public Information Officer shall send an intimation
to the person making the request, giving (a) the details of further
fees representing the cost of providing the information as determined
by him or her, together with the calculations made to arrive at
the amount in accordance with fee prescribed, requesting him/her
to deposit that fees, and the period intervening between the despatch
of the said intimation and payment of fees shall be excluded for
the purpose of calculating the period of 30 days and (b) information
concerning the right of the person making request with respect to
review the decision as to the amount of fees charged or the form
of access provided, including the particulars of the appellate authority,
time limit, process and any other forms;
• where access to the record or a part thereof is required
to be provided under the Act and the person to whom access is to
be provided is sensorily disabled, the Public Information Officer
shall provide assistance to enable access to the information, including
providing such assistance as may be appropriate for the inspection.
• where access to information is to be provided in the printed
or in any electronic format, the applicant shall pay the fee prescribed;
• no fee shall be charged from the persons who are of below
poverty line as may be determined by the Government;
• the person making request for information shall be provided
the information free of charge where a public authority fails to
comply with the stipulated time limits;
• before taking any decision to provide information, the Public
Information Officer shall take into consideration the representation
made by a third party;
• where a request has been rejected, the Public Information
Officer shall communicate to the person making the request —
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may
be preferred; and
(iii) the particulars of the appellate authority.
Form of Access to Information
[Section 7 (9)]
• information shall
ordinarily be provided in the form in which it is sought unless
it would disproportionately divert the resources of the public authority
or would be detrimental to the safety or preservation of the record
in question.
Exemptions from Disclosure
[Section 8 (1)]
• information,
disclosure of which would prejudicially affect the sovereignty and
integrity of India, the security, strategic, scientific or economic
interests of the State, relation with foreign State or lead to incitement
of an offence;
• 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;
• information, the disclosure of which would cause a breach
of privilege of Parliament or the State Legislature;
• 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;
• 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;
• information received in confidence from foreign Government;
• 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
or security purposes;
• information which would impede the process of investigation
or apprehension or prosecution of offenders;
• cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers provided that:
(a) the decisions of Council of Ministers, the reasons thereof,
and the material on the basis of which the decisions were taken
shall be made public after the decision has been taken, and the
matter is complete, or over;
(b) those matters which come under the exemptions specified shall
not be disclosed;
• 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 Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public
interest justifies the disclosure of such information:
provided that the information which cannot be denied to the Parliament
or a State Legislature shall not be denied to any person.
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Public Interest
Over-riding
[Section 8 (2)]
• notwithstanding anything
in the Official Secrets Act, 1923 nor any of the exemptions permissible
under Section 8(1) of the Right to Information Act, a public authority
may allow access to information, if public interest in disclosure
outweighs the harm to the protected interests.
Information upto 20
Years
[Section 8 (3)]
• subject to exemptions
relating to information linked to sovereignty, integrity and security
matters, breach of privilege of Parliament or the State Legislature
and cabinet papers, any information relating to any occurrence,
event or matter which has taken place, occurred or happened 20 years
before the date on which any request is made shall be provided to
any person making a request under the Act:
provided that where any question arises as to the date from which
the period of 20 years has to be computed, the decision of the Central
Government shall be final, subject to the usual appeals provided
for in the Act.
Protection of Copyright
[Section 9]
• a Public Information
Officer 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.
Access to Part of Record
[Section 10]
• where a request for
access to information is rejected on the ground that it is in relation
to information which is exempt from disclosure, access may be provided
to that part of the record which does not contain any information
which is exempt from disclosure under the Act and which can reasonably
be severed from any part that contains exempt information;
• where access is granted to a part of the record the Public
Information Officer shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the
record containing information which is exempt from disclosure, is
being provided;
(b) the reasons for the decision, including any findings on any
material question of fact, referring to the material on which those
findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount
of fee which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee charged
or the form of access provided, including the particulars of the
appellate officer or the Information Commission, time limit, process
and any other form of access.
Third Party Information
[Section 11]
• where a Public Information
Officer intends to disclose any information or record, or part thereof
on a request made under the Act, which relates to or has been supplied
by a third party and has been treated as confidential by that third
party, the Public Information Officer shall, within 5 days from
the receipt of the request, give a written notice to such third
party of the request and of the fact that the Public Information
Officer intends to disclose the information or record, or part thereof,
and invite the third party to make a submission in writing or orally,
regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking
a decision about disclosure of information:
provided that except in the case of trade or commercial secrets
protected by law, disclosure may be allowed if the public interest
in disclosure outweighs in importance any possible harm or injury
to the interests of such third party;
• where a notice is served by the Public Information Officer
to a third party in respect of any information or record or part
thereof, the third party shall, within 10 days from the date of
receipt of such notice, be given the opportunity to make representation
against the proposed disclosure;
• the Public Information Officer, shall, within 40 days after
receipt of the request, if the third party has been given an opportunity
to make representation, make a decision as to whether or not to
disclose the information or record or part thereof and give in writing
the notice of his decision to the third party and such notice shall
include a statement that the third party is entitled to prefer an
appeal under Section 19 against the decision of the Public Information
Officer;
Central Information
Commission
[Section 12]
• shall consist of (a)
the Chief Information Commissioner and (b) such number of Central
Information Commissioners, not exceeding 10, as may be deemed necessary;
• to function as an autonomous body exercising the powers
conferred on, and performing the functions assigned to it under
the Act;
• the Chief Information Commissioner and Information Commissioners
shall be appointed by the President on the recommendation of a committee
consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister;
• the general superintendence, direction and management of
the affairs of the Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners;
• the Chief Information Commissioner and every Information
Commissioner shall hold office for a term of five years from the
date of entering upon office or till attaining the age of 65 years
whichever is earlier;
• the Chief Information Commissioner or any Information Commissioner
shall be removed from office only by order of the President on the
ground of proved misbehaviour or incapacity after the Supreme Court,
on a reference made to it by the President, has, on inquiry, reported
that the Chief Information Commissioner or any Information Commissioner,
as the case may be, ought on such ground be removed;
• the Central Government shall provide the Chief Information
Commissioner and the Information Commissioners with such officers
and employees as may be necessary for the efficient performance
of their functions under the Act and the salaries and allowances
payable to and the terms and conditions of service of the officers
and other employees appointed for the purpose of the Act shall be
such as may be prescribed.
State Information Commission
[Section 15]
• shall consist of (a)
the State Chief Information Commissioner, and (b) such number of
State Information Commissioners, not exceeding 10, as may be deemed
necessary.
• to function as an autonomous body exercising the powers
conferred on, and performing the functions assigned to under the
Act;
• the State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister;
• the general superintendence, direction and management of
the affairs of the Commission shall vest in the State Chief Information
Commissioner who shall be assisted by the Information Commissioners;
• the State Chief Information Commissioner and every State
Information Commissioner shall hold office for a term of five years
from the date of entering upon office or till attaining the age
of 65 years whichever is earlier;
• the Chief Information Commissioner or any Information Commissioner
shall be removed from office only by order of the Governor on the
ground of proved misbehaviour or incapacity after the Supreme Court,
on a reference made to it by the Governor, has on inquiry, reported
that the Chief Information Commissioner or any Information Commissioner,
as the case may be, ought on such ground be removed.
• the State Government shall provide the State Chief Information
Commissioner and the State Information Commissioners with such officers
and employees as may be necessary for the efficient performance
of their functions under the Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers
and other employees appointed for the purpose of this Act shall
be such as may be prescribed.
Powers and Functions of Information
Commission
[Section 18]
• shall receive and inquire into
a complaint from any person —
(a) who has been unable to submit a request to a Public Information
Officer either by reason that no such officer has been appointed
under this Act, or because the Assistant Public Information Officer
has refused to accept his or her application for information or
appeal under the Act for forwarding the same to the Public Information
Officer or appellate officer or the Information Commission;
(b) who has been refused access to any information requested under
the Act;
(c) who has not been given a response to a request for information
or access to information within the time limit specified under the
Act;
(d) who has been required to pay an amount of fee which he or she
considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading
or false information under the Act; and
(f) in respect of any other matter relating to requesting or obtaining
access to records under the Act;
• may initiate an inquiry in respect of complaint, if satisfied
that there are reasonable grounds to inquire into the matter;
• shall, while inquiring into complaint, have the same powers
as are vested in a civil court while trying a suit under the Code
of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel
them to give oral or written evidence on oath and to produce the
documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
• may, during the inquiry of any complaint under the Act,
examine any record to which the Act applies which is under the control
of the public authority, and no such record may be withheld from
it on any grounds notwithstanding anything inconsistent contained
in any other Act of Parliament or State Legislature, as the case
may be.
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Appeal
[Section 19] |
First Appeal
[Section 19(1), (2) & (6)]
• any person who, does
not receive a decision on request for information within the stipulated
time or is aggrieved by a decision of the Public Information Officer
may within 30 days from the expiry of such period or from the receipt
of such a decision prefer an appeal to the designated appellate
officer, senior in rank to the Public Information Officer, provided
that such officer may admit the appeal after the expiry of the period
of 30 days if he or she is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time;
• where an appeal is preferred against an order made by a
Public Information Officer to disclose third party information,
the appeal by the concerned third party shall be made within 30
days from the date of the order.
• the appeal shall be disposed of within 30 days of the receipt
of the appeal or within such extended period not exceeding a total
of 45 days from the date of filing thereof, as the case may be,
for reasons to be recorded in writing.
Second Appeal
[Section 19(3)]
• a second appeal against
the decision of the appellate officer shall lie within 90 days from
the date on which the decision should have been made or was actually
received, with the Information Commission provided that the Information
Commission may admit the appeal after the expiry of the period of
90 days if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time;
• if the decision of the Public Information Officer against
which an appeal is preferred relates to information of a third party,
the Information Commission shall give a reasonable opportunity of
being heard to that third party; |
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Onus of Proof
[Section 19(5)]
• in any appeal proceedings,
the onus to prove that a denial of a request was justified shall
be on the Public Information Officer who denied the request.
Decision of Commission
[Section 19(7), (8), (9) & (10)]
• Commission to decide
appeal in accordance with the prescribed procedure and its decision
shall be binding;
• in its decision, the Information Commission has the power
to—
(a) require the public authority to take any such steps as may be
necessary to secure compliance with the provisions of the Act, including—
(i) by providing access to information, if so requested, in a particular
form;
(ii) by appointing a Public Information Officer;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to
the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information
for its officials;
(vi) by providing it with an annual report in compliance with clause
(b) of subsection (1) of section 4;
(b) require the public authority to compensate the complainant for
any loss or other detriment suffered;
(c) impose any of the penalties provided under the Act;
(d) reject the application.
• the Information Commission shall give notice of its decision,
including any right of appeal, to the complainant and the public
authority.
Imposition of Penalty
[Section 20 (1)]
• where the Information
Commission, at the time of deciding any complaint or appeal is of
the opinion that the Public Information Officer, has, without any
reasonable cause, refused to receive an application for information
or has not furnished information within the time specified or malafidely
denied the request for information or knowingly given incorrect,
incomplete or misleading information or destroyed information which
was the subject of the request or obstructed in any manner in furnishing
the information, it shall impose a penalty of Rs.250 each day till
application is received or information is furnished subject to the
total amount of such penalty not exceeding Rs.25,000;
• the Public Information Officer shall be given a reasonable
opportunity of being heard by the Commission before any penalty
is imposed on him or her;
• the burden of proving that a Public Information Officer
acted reasonably and diligently shall be on himself or herself;
Disciplinary Action
[Section 20 (2)]
• where the Information
Commission, at the time of deciding any complaint or appeal is of
the opinion that the Public Information Officer, has, without any
reasonable cause and persistently, failed to receive an application
for information or has not furnished information within the time
specified or malafidely denied the request for information or knowingly
given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in
any manner in furnishing the information, it shall recommend for
disciplinary action against the Information Officer under the service
rules applicable to him or her.
Action in Good Faith
[Section 21]
• no suit, prosecution
or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done under the Right
to Information Act or any rule made thereunder.
Overriding Effect of
Act
[Section 22]
• the provisions of
the 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 the Act.
Bar of Jurisdiction
of Courts
[Section 23]
• no court shall entertain
any suit, application or other proceeding in respect of any order
made under the Act and no such order shall be called in question
otherwise than by way of an appeal under the Act.
Non-applicability to
Certain Organisations
[Section 24]
• the Act shall not
apply to the intelligence and security organisations established
by the Central Government shown at the end of this guide:
provided that the information pertaining to the allegations of corruption
and human rights violations shall not be excluded and further that
in the case of information sought for is in respect of allegations
of violation of human rights, the information shall only be provided
after the approval of the Central Information Commission, and such
information shall be provided within 45 days from the date of the
receipt of request.
• the Act shall not apply to such intelligence and security
organisations established by the State Government, as that Government
may, from time to time, by notification in the Official Gazette,
specify:
provided that the information pertaining to the allegations of corruption
and human rights violations shall not be excluded and further that
in the case of information sought for is in respect of allegations
of violation of human rights, the information shall only be provided
after the approval of the State Information Commission and such
information shall be provided within 45 days from the date of the
receipt of request;
• Every notification issued as above shall be laid before
the State Legislature.
Report of Information
Commission
[Section 25 (1), (3) & (4)]
• the Central Information
Commission or State Information Commission, as the case may be,
shall, as soon as practicable after the end of each year, prepare
a report on the implementation of the provisions of the Act during
that year and forward a copy thereof to the appropriate Government;
• each report shall state in respect of the year to which
the report relates,—
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to
access to the documents pursuant to the requests, the provisions
of the Act under which these decisions were made and the number
of times such provisions were invoked;
(c) the number of appeals referred to the Central Information Commission
or State Information Commission, as the case may be, for review,
the nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer
in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under
this Act;
(f) any facts which indicate an effort by the public authorities
to administer and implement the spirit and intention of the Act;
(g) recommendations for reform, including recommendations in respect
of the particular public authorities, for the development, improvement,
modernisation, reform or amendment to the Act or other legislation
or common law or any other matter relevant for operationalising
the right to access information;
• the Central Government or the State Government, as the case
may be, may, as soon as practicable after the end of each year,
cause a copy of the report of the Central Information Commission
or the State Information Commission, as the case may be to be laid
before each House of Parliament or, as the case may be, before each
House of the State Legislature, where there are two Houses, and
where there is one House of the State Legislature before that House.
Obligations of Ministries
& Departments
[Section 25 (2)]
• each Ministry or Department
shall, in relation to the public authorities within their jurisdiction,
collect and provide such information to the Central Information
Commission or State Information Commission, as the case may be,
as is required by the Commission to prepare its annual report and
comply with the requirements concerning the furnishing of that information
and keeping of records for the purposes.
Promoting Conformity
to Act
[Section 25(5)]
• if it appears to the
Central Information Commission or State Information Commission,
as the case may be, that the practice of a public authority in relation
to the exercise of its functions under this Act does not conform
with the provisions or spirit of the Act, it may give to the authority
a recommendation specifying the steps which ought in its opinion
to be taken for promoting such conformity.
Educational Programmes
[Section 26 (1)]
• the appropriate Government
may, to the extent of availability of financial and other resources
—
(a) develop and organise educational programmes to advance the understanding
of the public, in particular of disadvantaged communities as to
how to exercise the rights contemplated under the Act;
(b) encourage public authorities to participate in the development
and organisation of such educational programmes and to undertake
such programmes themselves;
(c) promote timely and effective dissemination of accurate information
by public authorities about their activities; and
(d) train Public Information Officers of public authorities and
produce relevant training materials for use by the public authorities
themselves – user guides on the Act and related matters.
User Guide for Citizens
[Section 26 (2), (3) & (4)]
• the appropriate
Government shall, within 18 months from the commencement of the
Act, compile in its official language a guide containing such guidelines
or information, in an easily comprehensible form and manner, as
may reasonably be required by a person who wishes to exercise any
right specified in the Act.
• the appropriate Government shall, if necessary, update and
publish guidelines at regular intervals which shall, in particular
include—
(a) the objects of the Act;
(b) the postal and street address, the phone and fax number and,
if available, electronic mail address of the Public Information
Officer of every public authority;
(c) the manner and the form in which request for access to an information
shall be
made to a Public Information Officer;
(d) the assistance available from and the duties of the Public Information
Officer of a public authority under the Act;
(e) the assistance available from the Information Commission;
(f) all remedies in law available regarding an act or failure to
act in respect of a right or duty conferred or imposed by the Act
including the manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories
of records in accordance with Section 4 of the Act;
(h) the notices regarding fees to be paid in relation to requests
for access to an information; and
(i) any additional regulations or circulars made or issued in relation
to obtaining access to an information in accordance with the Act.
Notification of Rules
[Sections 27, 28 & 29]
• the appropriate Government/competent
authority may, by notification in the Official Gazette, make rules
to carry out the provisions of the Act;
• rules made by the appropriate Government shall, as soon
as possible, be placed before the appropriate Legislature.
Power to Remove Difficulties
[Section 30]
• if any difficulty
arises in giving effect to the provisions of the Act, the Central
Government may, by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of the Act
as appear to it to be necessary or expedient for removal of the
difficulty:
provided that no such order shall be made after the expiry of a
period of two years
from the date of the commencement of the Act and every order so
made shall, as soon as may be after it is made, be laid before each
House of Parliament.
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| Intelligence and Security Organisations
established by the Central Government exempted from Right to Information
Act 2005 |
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1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police. |
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to Home Page Right to Information |
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