RTI-2005 Notes by Asit
RTI-2005 Notes by Asit
RTI-2005 Notes by Asit
SECTION 1
It extends to the whole of India including Jammu & Kashmir.
RTI empowers every citizen to seek any information from the
Govt., Public officers and public Authority.
Some information which are confidential in nature are not
provided to public by Official Secret Act,1923,otherwise all
information is disclosed.
First RTI filled by Shahid Raza Burney to a police station in Pune.
Section 2
Section 2(f): Definition of “Information”
Information means 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 private body which can be accessed by a public authority
under any other law for the time being in force.
Section 2(h): Definition of “Public Authority”
“Public Authority” means any authority or body or institution of
self-govt. established or constituted-
(a) By or under the Constitution
(b) By any other law made by Parliament
(c ) By any other law made by a State Legislature
(d) By notification issued or order made by the appropriate Govt. and
includes any-
(i) body owned,controlled or substantially financed
(ii) Non-Governmental organisation substantially financed, directly or
indirectly by funds provided by the appropriate Govt.
Section 2(j): Definition of “Right to Information”
“ 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) 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 print
outs where such information is stored in a computer or in any
other device.
Section 2(n): “Third Party” means a person other than the citizen
making a request for information and includes a public authority.
An applicant is not needed to give personal detail except those that may be
necessary for contacting him.
# Rs 2/- for each page created or copied (In A4 or A3 size paper)
# Actual charge or cost price of a copy in large size paper.
# Actual cost or price for samples or models
# Rs 5/- per hour for inspection of records. No fee for the first hour.
# For providing information in printed or electronic format, the
following fee has been prescribed:
(a) Rs. 50/- per diskette or floppy.
(b) Price fixed for the printed publication or Rs 2/- per page of photo-
copy for extracts from the publication.
SECTION 7: Disposal of Request
PIO: He must give information in maximum 30 days of the receipt
of request.
APIO: He must give information in maximum 35 days
Life and Liberty: Information should be given in maximum 48 hours
of the receipt of request.
If information sought belonged to “Third Party”: He must give
information in maximum 40 days.
If application rejected,then PIO and APIO have to give suitable
reason for rejection of application.
When the PIO and APIO give no reply after lapse of time.
When the applicant is not satisfied with the reply of the request.
In the above three cases an applicant has a right to appeal under
section 19.
Important Note:
Where a request has been rejected , The CPIO or SPIO, as the case
may be,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.
(iii) The particulars of the appelate authority.
SECTION 8: Exemption of disclosure of
information under RTI
National security,strategic,scientific and economic interest.
Sovereignty and Integrity of India
Information forbidden by court of law
Trade secret(Patent or Formula)
Commercial confidence,trade secret,Intellectual property Right.
Information the disclosure of which would endanger the life of
physical safety of any person.
Personal information which are not concerned with public
Information received from Foreign Govt. in confidential
Information which breach the privilege of Parliament
Information related to Cabinet paper
Information which is related to investigation
Information related which is covered under Official Secrets Act,1923
# Notwithstanding anything in the Official Secrets Act,1923 nor any
any of the objections permissible,a Pubic Authority may allow
access to information,if public interest in disclosure outweighs
the harm to the protected interests.
# Any event happened 20 years before the date on which any
request is made shall be provided to any person making request.
Provision RTI Act 2005 RTI Amendment,2019
Resignation:
The Central CIC or a CI may at any time by writing under his hand
The President may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the Chief
Information Commissioner or a Information Commissioner, as the case
may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside
the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Information Commissioner or a
Information Commissioner.
SECTION 15: State Information
Commission
Constitution of State Information Commission.—
(1) The State Government shall, by notification in the Official Gazette,
constitute a body to be known as the State Information Commission to
exercise the powers conferred on, and to perform the functions
assigned to, it under this Act.
(2) The State Information Commission 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.
(3) 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 Ministrer to be nominated by the Chief Minister.
(4) The general superintendence, direction and management of the
affairs of the State Information Commission shall vest in the State
Chief Information Commissioner who shall be assisted by the State
Information Commissioners and may exercise all such powers and do
all such acts and things which may be exercised or done by the State
Information Commission autonomously without being subjected to
directions by any other authority under this Act.
(5) The State Chief Information Commissioner and the State
Information Commissioners shall be persons of eminence in public life
with wide knowledge and experience in law, science and technology,
social service, management, journalism, mass media or administration
and governance.
(6) The State Chief Information Commissioner or a State Information
Commissioner shall not be a Member of Parliament or Member of the
Legislature of any State or Union territory, as the case may be, or hold
any other office of profit or connected with any political party or
carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at
such place in the State as the State Government may, by notification in
the Official Gazette, specify and the State Information Commission may,
with the previous approval of the State Government, establish offices at
other places in the State.
SECTION 16
The State Chief Information Commissioner and State Information
Commissioners shall hold office for such term as prescribed by the
Central Govt. or until they attain the age of 65 years,whichever is
earlier.
SCIC’s shall not be eligible for reappointment.
SIC’s shall not be eligible for reappointment as such Information
Commissioner.
Provided that every State Information Commissioner(IC) be eligible
for appointment as the State Chief Information Commissioner(CIC).
Where the State Information Commissioner is appointed as the State
Chief Information Commissioner, his term of Office shall not be more
than 5 years in aggregate as the State Information Commissioner and
State Chief Information Commissioner .
Salaries and Allowances of SCIC’s and SIC’s:
Salaries and Allowances and conditions of service prescribed by the
Central Government.
Resignation:
The SCIC or a SCI may at any time by writing under his hand
addressed to the Governor,resign from his office.
Section 17: Removal of State Chief
Information Commissioner or State
Information Commissioner
The Governor may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the Chief
Information Commissioner or a Information Commissioner, as the case
may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
Governor , involves moral turpitude; or
(c) engages during his term of office in any paid employment outside
the duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by
reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Information Commissioner or a
Information Commissioner.
SECTION 18: Powers and functions of
Information Commission.—