RTI-2005 Notes by Asit

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RTI-2005 AND

IT’S AMENDMENT IN 2019


(PART-1)
SECTION: 1 to 11
RTI-2005
 First country to implement RTI: Sweden(1766)
 RTI passed in the Lok Sabha: 11 May 2005
 RTI passed in the Rajya Sabha: 12 May 2005
 President approve the RTI: 15 June 2005
 RTI came into Force: 12 October 2005
The First State in India enact the RTI Act first: Tamil Nadu((1997)
 The First State in India to try to implement RTI: Karnataka(1988)
 The second State in India to enact the RTI : Goa
 Number of States in India had implemented the RTI Act
before 2005: 9
 RTI movement was initiated in Rajasthan by MKSS(Mazdur Kisan
Shakti Sangathan) in 1994 to fight against local corruption and
exploitation.
 The RTI Act replaced “ Freedom of Information Act,2002”.
 RTI Act overrides Official Secrets Act (1923).
 President Dr. APJ Abdul Kalam approved RTI Act on 15th June and
comes fully into force on 12 October 2005.
 The idea of RTI Act in India was floated by Prime Minister of India
Shri. V.P Singh in 1990.
History Of RTI
 RTI stands for Right To Information
 Before RTI Act,Right to Information is a part of fundamental rights
under article 19(1)(a) of the constitution.It say that every citizen has
freedom of speech and expression.
 RTI mandate timely response to citizen requests for govt. information

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.

Objectives of the Act


o To empower the citizens
o To promote transparency and Accountability
o To contain corruption
o To enhance people’s participation in democratic process
SECTION -3 OF RTI ACT,2005
→ All citizens shall have right to information
→ The right is available to citizens of India
→ NRI can also file RTI but in special cases only.( New Amendment)
SECTION-4 :Obligation of Public Authorities

 Every public authority shall maintain all records in such manner


which facilitates the RTI under this Act.
 Public authority shall publish the information within 120 days of
enactment of this act-Particulars of organisation,functions,duties and
powers of officers and employees,supervision,accountability,rules,
Regulations,instructions,name,Designations of PIO(Public Information
Officers) etc.
 Public authority shall publish all relevant facts while formulating
important policies or announcing the decisions which affects
public.
SECTION-5:Designation of Public Information
Officers(PIO)
 Two types of PIO( Public Information Officer)
 PIO: Central PIO and State PIO
 APIO: Assistant PIO
 Every Public Authority designate many officers as CPIO or SPIO
within 100 days of enactment of the Act
 Both State PIO and Central PIO will be responsible for giving
information to the Applicant who files RTI Application.
SECTION 6: Manner of filing RTI/Manner of
making Application to PIO and APIO
 A person who desires to obtain any information under the act,he
can make a request or application either in writing through Electronic
Form(typed format) in English or in Hindi or Official language of such
area.
 A person who desires to obtain information must pay Rs 10 as fee in the
form of Demand Draft,Cheque or in Indian Postal Order. There is no fees for
people Below Poverty Line(BPL).
 An applicant making request for information shall not be required to give
any reason for requesting the information.

 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

Term CICs and Ics(At the The Chief Information


Commissioner and
(Section Central and State Level): Information
13) 5 years or the age of 65 Commissioners shall
whichever is earlier hold office for such term
as prescribed by the
Central Govt. or until
they attain the age of
65 years,whichever is
earlier.
Provision RTI Act 2005 RTI Amendment,2019

Following Equivalents in Salaries Now, the salaries,


Salary were to be paid:
allowances, and other
Under Section 13 of RTI Act 2005:
CIC = Chief Election Commissioner terms and conditions of
(CEC) service of the central and
ICs = Election Commissioners (ECs) state CIC and ICs will
Under Section 16 of RTI Act 2005:
be determined by the
State level CIC = ECs
State Level ICs = Chief Secretary of central government( No
State govt. power to State Govts).
Provision RTI Act 2005 RTI Amendment,2019

Deduction Salaries of CIC and ICs Bill has removed


in Salary will be deducted by an these provisions
(Section 27) amount equal to the
pension or retirement
benefits being
received by them if
any.
SECTION 11: Third Party
(1) Where a Central Public Information Officer or the State Public
Information Officer, as the case may be, intends to disclose any
information or record, or part thereof on a request made under this
Act, which relates to or has been supplied by a third party and has
been treated as confidential by that third party, the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall, within five days from the receipt of the request, give a
written notice to
such third party of the request and of the fact that the Central Public
Information Officer or State Public Information Officer, as the case may
be, 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.
(2) Where a notice is served by the Central Public Information Officer
or State Public Information Officer, as the case may be, under
sub-section (1) 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.
(3) The Central Public Information Officer or State Public Information
Officer, as the case may be, shall, within forty 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.
(4) A notice given under sub-section (3) shall include a statement that
the third party to whom the notice is given is entitled to prefer an
appeal under section 19 against the decision.
RTI-2005
(PART-2)
SECTION: 13 TO 20
SECTION 12 of RTI Act(Central Information
Commission)
Constitution of Central Information Commission.—
(1) The Central Government shall, by notification in the Official
Gazette, constitute a body to be known as the Central Information
Commission to exercise the powers conferred on, and to perform the
functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner, and
(b) such number of Central Information Commissioners not exceeding
10 as may be deemed necessary.
(3) 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.
(4) The general superintendence, direction and management of the affairs of
the Central Information Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners and
may exercise all such powers and do all such acts and things which may be
exercised or done by the Central Information Commission autonomously
without being subjected to directions by any other authority under this Act.
(5) The Chief Information Commissioner and 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 Chief Information Commissioner or an 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 Central Information Commission shall be
at Delhi and the Central Information Commission may, with the
previous approval of the Central Government, establish offices at
other places in India.
Section:13(Central)
 The Chief Information Commissioner and 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.
 CIC’s shall not be eligible for reappointment.
 IC’s shall not be eligible for reappointment as such Information
Commissioner.
 Provided that every Information Commissioner(IC) be eligible for
appointment as the Chief Information Commissioner(CIC).
 Where the Information Commissioner is appointed as the Chief
Information Commissioner, his term of Office shall not be more than
5 years in aggregate as the Information Commissioner and Chief
Information Commissioner .
Salaries and Allowances of CIC’s and IC’s:
 Salaries and Allowances and conditions of service prescribed by the
Central Government.

Resignation:
The Central CIC or a CI may at any time by writing under his hand

addressed to the President,resign from his office.


Section 14: Removal of Chief Information
Commissioner or Information Commissioner

 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.—

1. it shall be the duty of the Central Information Commission or State


Information Commission as the case may be to receive and inquire
into a complaint from any person,—
 When Central or State PIO or Central or State APIO has refused to
accept his or her application for information or appeal under this Act.
 who has been refused access to any information requested under
this Act;
 who has not been given a response to a request for information or
access to information within the time limits specified under this Act;
 who has been required to pay an amount of fee which he or she
considers unreasonable;
 who believes that he or she has been given incomplete, misleading
or false information under this Act; and
 in respect of any other matter relating to requesting or obtaining
access to records under this Act.
(2) Where the Central Information Commission or State Information
Commission, as the case may be, is satisfied that there are reasonable
grounds to inquire into the matter, it may initiate an inquiry in respect
thereof.
(3) The Central Information Commission or State Information
Commission, as the case may be shall, while inquiring into any matter
under this section, 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.
(4) The Central Information Commission or the State Information
Commission, as the case may be, may, during the inquiry of any
complaint under this Act, examine any record to which this Act applies
which is under the control of the public authority, and no such record
may be withheld from it on any grounds.
SECTION 19: APPEAL
 If the applicant is not satisfied with the information provided or if no
information is provided by the Public Authority within the prescribed
time-limit,the applicant has the right to prefer an appeal to the
Appellate Authority concerned.
 There are two stages of Appeal i.e. First Appeal And Second Appeal.
 Any person who, does not receive a decision within the time or is
aggrieved by a decision of the Central Public Information Officer or the
State Public Information Officer, as the case may be, may within 30 days
from the
 expiry of such period or
 from the receipt of such a decision
prefer an appeal to such officer who is senior in rank to the Central
Public Information Officer or the State Public Information Officer, as the
case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the
period of thirty days if he or she is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central
Public Information Officer or a State Public Information Officer, as the
case may be, under section 11 to disclose third party information, the
appeal by the concerned third party shall be made within 30 days
from the date of the order.
(3) Second Appeal:
A second appeal against the decision shall lie within 90 days from the
date on which the decision should have been made or was actually
received, with the Central Information Commission or the State
Information Commission:
Provided that the Central Information Commission or the State
Information Commission, as the case may be, may admit the appeal after
the expiry of the period of ninety days if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State
Public Information Officer, as the case may be, against which an appeal
is preferred relates to information of a third party, the Central
Information Commission or State Information Commission, as the case
may be shall give a reasonable opportunity of being heard to that third
party.
(5) In any appeal proceedings, the onus to prove that a denial of a
request was justified shall be on the Central Public Information Officer
or State Public Information Officer, as the case may be, who denied the
request.
(6) An appeal under sub-section (1) or sub-section (2) 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.
(7) The decision of the Central Information Commission or State
Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State
Information Commission, as the case may be, 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 this Act,
including—(i) by providing access to information, if so requested, in a
particular form;
(ii) by appointing a Central Public Information Officer or State Public
Information Officer, as the case may be;
(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;
(b) require the public authority to compensate the complainant for any
loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information
Commission, as the case may be, shall give notice of its decision,
including any right of appeal, to the complainant and the public
authority.
(10) The Central Information Commission or State Information
Commission, as the case may be, shall decide the appeal in accordance
with such procedure as may be prescribed.
SECTION 20: Penalties
Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint
or appeal is of the opinion that the Central Public Information Officer or
the State Public Information Officer, as the case may be, has, without
any reasonable cause
 refused to receive an application for information or
 has not furnished information within the time
 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 penalt of Rs 250 each day till application is received or
information is furnished, so however, the total amount of such penalty
shall not exceed Rs 25,000.
Provided that the Central Public Information Officer or the State Public
Information Officer, as the case may be, shall be given a reasonable
opportunity of being heard before any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonably


and diligently shall be on the Central Public Information Officer or the
State Public Information Officer, as the case may be.
 It shall recommend for disciplinary action against the Central Public
Information Officer or the State Public Information Officer, as the case
may be, under the service rules applicable to him.

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