RTI-20210906114526.ppt

Rti

1. RIGHT TO INFORMATION ACT,
2005
BY
RAKESH VIJAYVERGIA
CORE FACULTY, RTIJAIPUR

2. CONTENTS
CHAPTER –I
RIGHT TO INFORMATION ACT, 2005
•Salient Features of RTI Act, 2005
•Statement of Objects and Reasons
•Preamble of the Act
•Important Provisions
•Section 1 –Short title, extent ant commencement
•Section 2 –Definitions
•2(f) “information”
•2(h) “public authority”
•2(i) “record”
•2(j) “right to information”
•2(n) “third party” 2

3. CONTENTS …CONTD…
Chapter –II
RTIANDOBLIGATIONSOFPUBLICAUTHORITIES
•Sec. 3 –Right to Information
•Sec. 4 –Obligations of Public Authorities
•Sec. 5 –Designation of Public Information Officers
•Sec. 6 –Request for obtaining information
•Sec. 7 –Disposal of Request
•Sec. 8 –Exemption from disclosure of information
•Sec. 9 –Grounds for rejection to access in certain cases
•Sec. 10 –Severability
•Sec. 11 –Third party information 3

4. CONTENTS …CONTD…
Chapter –III
THE CENTRAL INFORMATION COMMISSION
•Sec.12–ConstitutionofcentralInformationCommission
•Sec.13–Termofofficeandconditionsofservice
•Sec.14–RemovalofChiefInformationCommissioneror
InformationCommissioner
4

5. CONTENTS …CONTD…
Chapter –IV
THESTATEINFORMATION COMMISSION
•Sec.15–ConstitutionofStateInformationCommission
•Sec.16–Termofofficeandconditionsofservice
•Sec.17–RemovalofStateChiefInformationCommissioneror
StateInformationCommissioner
5

6. CONTENTS …CONTD…
Chapter –V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS,
APPEAL AND PENALTIES
•Se. 18 –Powers and Functions of Commission
6

7. RIGHT TO INFORMATION ACT, 2005
7

8. SALIENT FEATURES OF RTI ACT, 2005
•ReplacedFreedomofInformationAct,2002.
•RTIrelaxesrestrictionsplacedbyOfficialsSecretsAct,
1923.
•3Levels–PublicInformationOfficer,FirstAppellate
AuthorityandCentralInformationCommission(CIC).
•TimeperiodforPublicInformationOfficer:
Expeditiouslyorwithin30daysfromthedateof
receiptbypublicauthority.
8

9. SALIENT FEATURES OF RTI ACT, 2005 …CONTD…
•Maximumtimegapfor1
st
Appeal:30dayssincelimitofsupplyof
Informationisexpired.
•TimeperiodforAppellateAuthority:within30daysorin
exceptionalcases45daysfromthedateofreceiptbythepublic
authority.
•Maximumtimegapfor2
nd
Appeal:90dayssincelimitofsupplyof
informationisexpired.
•RTIactalsoasksforcomputerisationandproactivelypublish
Information.
•BodiesapplicableunderRTI:Constitutionalbodiesatcentreand
State(Legislature,Executive,Judiciary),bodies/NGOsowned/
financedbygovernment,privatisedpublicutilitycompanies.
9

10. SALIENT FEATURES OF RTI ACT, 2005 …CONTD…
BodiesexcludedunderRTI:CentralIntelligenceandSecurity
Agencies,agenciesofStatespecifiedthroughnotification.
Theexclusionisnotabsolute.
•CentralInformationCommissionshallconsistsof:1Chief
InformationCommissionerandupto10CentralInformation
Commissioner.
•TheChiefInformationCommissionershallholdofficefora
termoffineyearsfromthedateonwhichheentersuponhis
officeandshallnotbeeligibleforre-appointment.
•TheActhas31sectionsand6Chapters.
•Section8dealswithInformationexemptedunderthepurview
ofthisAct.
10

11. STATEMENT OF OBJECTS AND REASONS
•EnsuregreaterandmoreeffectiveaccesstoInformation
•TomaketheFreedomofInformationAct,2002moreprogressive
•TocarryoutimportantchangesrecommendedbyNationalAdvisory
Council.
•Importantchangesinclude:
•EstablishmentofAppellateMachinerywithInvestigatingpowerstoreview
decisionsofPIO.
•PenalProvisionsforfailuretoprovideinformation.
•Toensuremaximumdisclosureandminimumexemptions.
•ToRepealtheFreedomofInformationAct,2002.
•TorecogniseRighttoInformationensuredunderArt.19of
Constitution.
11

12. PREAMBLE OF THE ACT
•To provide setting out the 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 working of public
authority.
•To constitute Central and State Information Commissions
•Constitution establish democratic Repblic.
12

13. PREAMBLE OF THE ACT …CONTD…
•DemocracyrequiresaninformedcitizenryandTransparencyof
information.
•ToContainCorruptionandtoholdGovernmentsandtheir
instrumentalitiesaccountabletothegoverned.
•EnactedintheFifty-sixthyearoftheRepublicofIndia.
13

14. IMPORTANT PROVISIONS
•Sec.1–Shorttitle,extentandcommencement.
•RighttoInformationAct,2005.
•ExtendstowholeofIndiaexcepttheStateofJ&K.(J&KhasaseparateRTIAct,
2009).
•Sec.2–Definitions(SomeImportantones).
•2(f)“information”–Anymaterialinanyform.Suchas–records,documents,memos,
e-mails,opinions,etc.andinformationrelatingtoanypvt.bodyaccessedbypublic
authority.
•2(h)“publicauthority”–meansanyauthority/body/Institutionofself-govt.
established-
•By or under Constitution of India;
•By any other law made by Parliament;
•By any other law made by State Legislature;
•By notification issued or order made by Appropriate Government.
14

15. DEFINITIONS…CONTD…
•2(i) “Record” –Includes-
•Document, manuscript and file
•Microfilm, microfiche and facsimile copy of document.
•Reproduction of image or images in such microfilm; and
•Any other material produced by computer; etc.
•2(j) “Right to Information” –Includes right to-
•Inspection of work, documents, records;
•Taking notes, extracts, or certified copies of documents or records;
•Taking certified samples of material;
•Obtaining information in the form of diskettes, floppies, tapes, video cassettes, etc.
•2(n) “third party” –means a person other than the citizen making a request for
information and includes a public authority.
15

16. CHAPTER –II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
•Sec. 3 –Right to Information: Every citizens shall have
RTI.
•Sec. 4 –Obligations of Public Authorities: Every public
authority shall-
•Maintain all its records duly catalogued and indexed –records
should be appropriate –computerised –network all over country –
to facilitate access.
16

17. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Publishwithinonehundredandtwentydaysfromtheenactment-
•Particularsofitsorganisation,functionsandduties.
•Powersanddutiesofitsofficersandduties;
•Procedurefollowedindecisionmakingprocess,includingchannelsof
supervisionandaccountability.
•Normssetbyit;
•Therules,regulations,instructions,manualsandrecords,heldbyitorunderits
control;
•Astatementofthecategoriesofdocumentsthatareheldbyit.
•Theparticularsofanyarrangementthatexistforconsultationwith,or
representationby,themembersofthepublicinrelationtotheformulationofits
policy.
•Astatementoftheboards,councils,committeesandotherbodies
17

18. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD
•A directory of its officers and employees.
•The monthly remuneration received by each of its officers and employees, etc.
•The budget allocated to each of its agency, indicating the particulars of all
plants, proposed expenditure and reports.
•The manner of execution of subsidy programmes, including the amounts
allocated, and the details of the beneficiaries.
•Particulars of recipients of concessions, permits or authorisations granted by it.
•Details in respect of the information, available to or held by it,
•The particulars of facilities available to citizens for obtaining information,
including working hours of a library or reading room, if maintained for public
use.
18

19. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD
•the names, designations and other particulars of the Public Information
Officers;
•Such other information as may be prescribed, and thereafter update these
publications every year;
•Publish all relevant facts while formulating important policies or
announcing the decisions which affect public.
•Provide reasons for its administrative or quasi judicial decisions to
affected persons.
•It shall be a constant endeavour of every public authority to take
steps in according with the requirements of the Act to provide as
much information suo motuto the public at regular intervals.
19

20. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC
AUTHORITIES… CONTD
•Every information shall be disseminated widely and in such form and manner
which is easily accessible to the public.
•All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication
in that local area, etc.
20

21. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Sec.5–DesignationofPublicInformationOfficers(PIOs):
•Everypublicauthorityshallwithin100daysofenactment,
designateasmanyofficersasCentralPublicInformationOfficers
(CPIO)orStatePublicInformationOfficers(SPIO)–inall
administrativeunits/offices.
•Everypublicauthorityshalldesignateanofficerwithin100days
ofenactment–ateachsub-divisionallevelorothersub-district
levelasaCentralAssistantPublicInformationOfficers(CAPIO)
orStateAssistantPublicInformationOfficers(SAPIO)
21

22. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Sec. 6 –Request for obtaining Information:
•Sec. 6 deals with obtaining information by a person who makes a
request in-
•writing or
•through electronic means
•in English or
•Hindi or
•in official language of the area,
•with prescribed fees,
•to the CPIO or SPIO of concerned public authority.
Or
•To the CAPIO or SAPIO as the case may be.
22

23. Addressed
to the PIO
Fees:
1)In cash against
receipt or
2)DD or
3)Banker’s cheueor
4)Indian Court Fee
Stamp of Rs. 10/-
Other details of
the Applicant
Particulars of
Information
required
FORM –A
Sec. 6(1)
23

24. Application for Information under Section 6(1) of the Act
To,
The Public Information Officer (Name of the office with address)
1. Full name of the applicant:
2. Father’s/Spouse’s name:
3. Permanent address:
4. Particulars of information acquired:
___________________________________________________________
___________________________________________________________
___________________________________________________________
5. Address to which information is to be sent and the form in which it is
desired.
6. Is this information not made available by the Public Authority?
7. Are you ready to pay the prescribed fee?
8. Whether the applicant belongs to BPL category? If yes, have you
furnished
proof of the same?
9. Whether information is solicited by registered post? If yes please
enclose
an envelope alongwith requisite postal stamp/s.
Full Name and Signature
of the Applicant.
Place:
Date
FORM –A
Sec. 6(1)
24

25. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Sec. 7 –Disposal of Request:
•CPIO or SPIO shall within 30 days of receipts of requests
either provide the information on payment of such fees as
may be prescribed or reject it for any of the reasons
specified in Sec. 8 and 9.
25

26. FORM –B
Information for Payment
From,
NameandDesignationofthePIO,
To,
Nameoftheapplicant
Address
Sir,
Pleaserefertoyourapplicationdated………..addressedtotheundersignedrequestinginformationon………..Iamtoinformyouthat
thefollowingamounttowardsthefeesforprovidinginformationmaybedepositedtoenabletheundersignedtofurnishthesaid
information.
Pleasemakepaymentwithinaperiodoffifteendaysfromthedateofreceiptofthisinformationfailingwhichtheapplicationshallbe
rejected.
Yoursfaithfully,
Place: Public Information Officer.
Date: Seal
26

27. …DISPOSAL OF REQUEST… CONTD…
•If the CPIO/SPIO fails to give decision –it shall be deemed to have been refused
the request.
•If further fees –intimation to applicant it –asking to deposit it -time taken for this
is excluded from the 30 days period.
•Fees in any form shall be reasonable.
•No fees from BPL applicants.
•If PIO fails to provide information within 30 days –he has to furnish it free of
cost.
27

28. …DISPOSAL OF REQUEST… CONTD…
•Rejection–should be intimated as follows:
•The reasons for rejection.
•Period within which appeal may be preferred; and
•The particulars of the appellate authority.
•Information to be provided in the form it is sought.
28

29. FORM –B
Intimation of rejection
To,
Nameoftheapplicant.
Address
Sir,
Theundersignedregretstoexpresshisinabilitytofurnishtheinformationaskedforonaccountofthefollowingreasons:
1.Itcomesundertheexemptedcategorycoveredundersection8and9oftheAct.
2.TheinformationsoughtbyyoupertainstojudicialproceedingswhichcanbeobtainedunderexistingBombayHighCourt
Rules.
3.Yourapplicationwasnotcompleteinallrespects.
4.Theinformationiscontainedinpublishedmaterialavailabletothepublic.
5.Youdidnotpaytheprescribedfeeforprovidingtheinformationwithintheprescribedtime.
6.Theinformationsoughtisprohibitedaspersection24(4)oftheAct.
7.Theinformationwouldcauseunwarrantedinvasionoftheprivacyoranyperson.
8.Theinformationassoughtbyyouisavailableonourwebsite………………… Youmaydownloadtheinformation.
9.Foranyotherreason(pleasespecify)___________________________________________________________________
___________________________________________________________________________________________________
However,ifyoufeelaggrievedbytheabovesaidrefusalyoumayfileanappealbeforethe________________within30daysof
thereceiptofthisletter.
Place: NameandDesignationof
Date: PublicInformationOfficer
29

30. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Sec.8ExemptionfromDisclosureofInformation:
•Thereshallbenoobligationtogiveanycitizen-
•Information–affectingsovereigntyandintegrityofIndia–Security,Strategic,Scientific
oreconomicinterestofState-RelationwithforeignState–orleadtoincitementofan
offence.
•InformationexpresslyforbiddentobepublishedbyCourtorTribunal–ordisclosure
mayconstitutecontemptofCourt.
•InformationdisclosuremaycausebreachofprivilegeofParliamentorStateLegislature.
30

31. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Informationincluding–commercialconfidence,TradeSecrets,orIntellectualProperty–unless
authorityissatisfiedthatlargerpublicinterestwarrantsdisclosure.
•Informationavailabletoaperson,inhisfiduciaryrelationship–unlessauthorityissatisfiedthat
largerpublicinterestwarrantsdisclosure.
•Informationreceivedinconfidencefromforeigngovernment.
•Informationdisclosuremayendangerthelifeorphysicalsafetyofanyperson–oridentifysources
ofinformationorassistancegiveninconfidenceforlawenforcementorsecuritypurposes.
•Informationwouldimpedeprocessofinvestigationorapprehensionorprosecutionofoffenders.
•CabinetpapersincludingrecordsofdeliberationsoftheCouncilofMinisters,Secretariesandother
officers.
•ProvidedthedecisionoftheCouncilofMinisters–istakenamdmadepublicandthematteris
complete.
31

32. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Personal information –if no relation to public activity or interest –
or would cause invasion of privacy –unless CPIO/SPIO or appellate
authority is satisfied that larger public interest justifies disclosure.
•Provided –even in the Official Secret’s Act, 1923 –a public authority may
allow access to information, if public interest in disclosure outweighs the
harm to the protected interests.
•Any information relating to occurrence, event or ,matter which has taken
place, occurred or happened 20 years before the application date under Sec.
6 shall be provided.
32

33. RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES …CONTD…
•Sec.9–GroundsforRejectiontoaccessincertaincases:
•Sec.9saysthat,ifarequestforinformationinvolvesaninfringementof
copyrightsubsistinginapersonotherthanaState,itmayberejected.
•Sec.10–Severability:
•Inpartoftheinformationexemptedfromdisclosurecanbeseparated,itmay
bedisclosed–providedPIOshallinformtheapplicantbysaying-
•Onlypartinformationisdisclosed
•Reasonsforthedecision
•The name and designation of person giving decision
•Details of fees calculated
•Right to review of decision regarding non-disclosure of the exempted portion
33

34. CHAPTER –III
THE CENTRAL INFORMATION COMMISSION (CIC)
•Sec.12 –Constitution of CIC :
•Chapter III deals with the constitution of the CIC.
•Central Government has to constitute CIC to exercise
the powers conferred.
•The CIC shall consist of-
•Chief Information Commission and
•Such number of Central Information Commissioners not
exceeding 10.
34

35. THE CENTRAL INFORMATION
COMMISSION (CIC )…CONTD…
•The Chief IC and IC shall be appointed by the President on the
Recommendations of a Committee consisting of –
•Prime Minister –Chairman of the Commission
•Leader of Opposition in Lok Sabha and
•Union Cabinet Ministers to be nominated by the Prime Minister.
•Qualification of Chief IC:
•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.
•Shall not be a member of Parliament or Legislature.
•Shall not hold any office of profit.
35

36. THE CENTRAL INFORMATION COMMISSION (CIC )…CONTD…
•Head Quarters of CIC shall be at Delhi;
•The other CIC may have H.Q. at other places.
•Sec.13 –Term of office and conditions of service:
•Chief Information Commissioner –holds office for 5 years and
shall not be eligible for re-app.
•He cannot hold the office after attainment of 65 years,
whichever is earlier.
•Same Qualification and terms for Information Commissioner.
•But every Information Commissioner after vacating office is
eligible to be appointed as Chief Information Commissioner.
•Provided –his term of office shall not be more than 5 years in aggregate as the
Information Commissioner and Chief Info. Comm. 36

37. THE CENTRAL INFORMATION COMMISSION (CIC )…CONTD…
•Resignation: CIC or IC –may resign at any time by writing to the President.
•Other service conditions of CIC and same as the Chief Election
Commissioner.
•Other service conditions of CIC shall be same as Election Commission.
•Sec. 14 –Removal of CIC or IC:
•CIC or IC shall be removed only by an order of President on the ground of
proved misbehaviour or incapacity after the Supreme Court, on a reference
by President to it.
37

38. THE CENTRAL INFORMATION COMMISSION (CIC )…CONTD…
•Till the reference from Supreme Court is decided, President
can suspend CIC or IC from office.
•The President may by order remove from office the CIC or
any IC if he is-
•Adjudged an insolvent; or
•Has been convicted fo offence involving moral turpitude; or
•Engages during the term in any paid employment outside the duties of his
office.
•Is unfit to continue in office be reason of infirmity of mind or body; or
•Has acquired such financial or other interest as is likely to affect prejudicially
his functions as the CIC or IC.
•If the CIC or IC, is concerned or interested in any contract or agreement made
by or on behalf of the Govt. of India –may amount to misbehaviour.
38

39. CHAPTER –IV
THE STATE INFORMATION COMMISSION
•Sec. 15 –Constitution of State SIC:
•Chapter IV deals with the Constitution of the SIC.
•Every State Government to Constitute a SIC.
•The SIC shall consist of the State Chief Information
Commissioner (SCIC); and State Information Commissioner
(SIC), not exceeding 10.
•The SCIC and SIC shall be appointed by the Governor on the
recommendation of a Committee consisting of-
•Chief Minister –Chairperson of the Committee
•Leader of the Opposition in Legislative Assembly
•A Cabinet Minister to be nominated by Chief Minister.
39

40. THE STATE INFORMATION COMMISSION …CONTD…
•Sec. 16 –Term of office and conditions of service:
•Holds office for 5 years or till attaining 65 years.
•Not eligible for re-app.
•Other conditions are same as CIC or IC.
•Sec. 17 –Removal of SCIC or SIC:
•Proved mis-behaviour or incapacity after Supreme Court’s Decision referred by Governer.
•Governer may suspend SCIC or SIC from office during pending SC decision.
•Governor may remove SCIC or SIC if:
•Insolvent; or
•Guilty of an offence involving moral turpitude; or
•Engage in any paid employment outside office; or
•Unfit to continue in office due to infirmity of mind or body; or
•Acquired financial or other interest which may affect his functioning.
•Concerned or interested in any contract or agreement made by Govt. of state in profit or
benefit –may amount to misbehaviour.
40

41. CHAPTER –V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND PE NALTIES
•Sec. 18 –Powers and Functions of Commission:
•This section speaks about powers and functions of information commission.
•It is the duty of CIC or SIC to receive and inquire into a complaint from any
person who has been refused information.
•Sec. 19 –Appeal:
•This section deals with the Appeal.
•Any person, who does not receive a decision within the specified time, or is
aggrieved by a decision of the CPI Officer or the SPI Officer, can within 30
days prefer an appeal to such officer who is senior in rank
41

42. POWERS AND FUNCTIONS OF THE INFORMATION COMMISSION APPEAL AND
PENALTIES…CONTD…
•Sec. 20 –Penalties:
•This section deals with penalties under this Act for guilty person.
•If any CPIO or the SPIO, has without any reasonable cause,
•refused to receive an application for information or
•has not furnished information within time or
•malafidely denied the request, or
•knowingly given incorrect, incomplete or
•misleading information or
•destroyed information which was the subject matter of information or
•Obstructed in furnishing the information,
•A penalty of Rs. 250/-each day till application is received or information is
furnished,
•However,, the total of such penalty shall not exceed Rs. 25,000/-
42

43. PENALTIES
•The PIO shall be given a reasonable opportunity of
being heardbefore any penalty is imposed on him
•The burden is on the PIO to prove before the
Information Commission in appeal that he acted
reasonably and diligently.
•The PIO is personally liable to pay penalty if the same
is imposed by the Information Commission while
deciding on complaints and appeals
•The IC shall recommend for disciplinary actionagainst
the PIO if she persistently violates the provisions of
the Act
43

44. CHAPTER VI
MISCELLANEOUS
•Sec. 21 –Protection of action taken in good faith:
•No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith under this Act or
rule.
•Sec. 23 –Bar of jurisdiction of courts:
•No court shall entertain any suit, application or other
proceeding in respect of any order made under this Act.
•Sec. 24 –Act not to apply to certain organizations:
•This Act shall not apply to the intelligence and security
organisations specified in the II schedule.
•Provided that the information relating to corruption and human
right violations shall not be excluded under this provision.
44

45. MISCELLANEOUS …CONTD…
•Sec. 25 –Monitoring and Reporting:
•The CIC or SIC shall as soon as practicable after the end of the year,
prepare a report on the implementation of the provisions of this Act during
that year and forward a copy thereof to the Appropriate Government.
45

46. ROLE OF PUBLIC INFORMATION
OFFICERS & ASSISTANT PUBLIC
INFORMATION OFFICERS

47. DUTIES AND RESPONSIBILITIES OF
APIOS
Receiveapplications for information or appeals under the Act
and forward it to:
•Public Information Officer or
•Appellate Officer or
•Information Commission
as the case may be
47

48. DUTIES AND RESPONSIBILITIES OF PIOS
•Accept requests for Information
•Render reasonable assistance to citizens requesting for
information
•Reduce oral request into writing
•Assist sensorily disabled persons
•Seekassistance of any other officer where necessary
•Such officer shall be treated as PIOs
•Disposalof Requests
•Communicatethe right to appeal and the details of the Appellate
Authority
to whom the applicant can appeal.
48

49. ACCEPTING REQUESTS FOR
INFORMATION
PIOs/APIOs shall accept request in writing/electronic
means:
•In English, Hindi or official language of the area
•Accompanied by prescribed fees
•With contact details (Name/Address)
•With particulars of information specified
•No Fees for persons Below Poverty Line
•Reasons for seeking information not required
49

50. DISPOSAL OF REQUESTS
•Renderreasonableassistancetotheapplicantbyreducingthe
oralrequesttowriting
•Scrutinize the application received
•Register the application in the Inward Register
•Issue acknowledgement to the applicant
50

51. DISPOSAL OF REQUESTS
•Intimateto the applicant the further fee, representing
the cost of providing the information, to be paid along
with its calculations.
•Also intimate the modalities of deposit of fee, the
applicant’s right for appeal against the calculation.
•The period intervening the despatch of the said
intimation and payment of fees shall be excludedfor
the purpose of calculating the 30 day period.
51
Contd…

52. DISPOSAL OF REQUESTS
52
•Wherever required, provides assistanceto citizens for
inspection of works, materials, taking samples etc.
•Retains record on each application, disposal etc. so that
materials as required may be furnished to appellate authorities
in case first/second appeal is preferred.
Contd…

53. SEVERABILITY
•Access may be provided to a part of the recordwhich
does not contain any exempted information and
which can reasonably be severed from any part that
contains exempt information
•The PIO shall give a noticeto the applicant informing
about partial disclosure of information along with
reasons, fees, and details of appellate authority
53

54. TRANSFER OF REQUESTS
•Transfers the application / part of it to another public
authority, if required.
•Transfer the application within five daysof receipt of
application
•Informsthe applicant about such transfers.
•Makes necessary entries in the Register being
maintained
54

55. THIRD PARTY INFORMATION
Where the PIO intends to disclose any information,
which relates to or has been supplied by a third
party and has been treated as confidential by that
third party, the PIO shall,
within five days from the receipt of the request,
•give a written noticeto such third party and
•invite the third party to make a submissionin
writing or orally, and
•such submission shall be kept in view while taking
a decision.
55

56. PROVIDE INFORMATION
The PIO on receipt of a request shall, as
expeditiously as possible, and in any case
within 30 daysof the receipt of the request,
either provide the information or reject the
request for any of the reasons specified in
sections 8 and 9.
56

57. FORM OF ACCESS
•Informationhastobeprovidedintheforminwhich
itissought.
•Thisincludes
•inspectionofworks,documents,records,
•Takingnotes,extractsandcertifiedsamplesof
material.
•PIOsmayfixadayortwooftheweekfor
applicantstotakesamplesandforinspectionof
material.
57

58. DEEMEDREFUSAL
If the PIO fails to give decisionon the request for
Information within the period specified, the PIO
shall be deemed to have refused the request.
58

59. FEES & COSTS
The Act prescribes the following fees and costs to be
charged
•Fees accompanying applications for request of
information
•Further fee representing the cost of providing the
information requested
•Fee prescribed under rules for supply of
information in printed or electronic format.
59

60. FEES & COSTS
•Informationshallbeprovidedfreeofcharge
whereapublicauthorityfailstocomplywith
thestipulatedtimelimitsfordisposalof
requests
•Thefeecouldbepaidincash/demanddraft/
banker’scheque/IndianPostalOrder.
60
Contd..

61. TIME LIMITS
•Within30daysfromthedateofreceiptof
requestingeneralcases
•Within48hoursofreceiptofrequestin
caseswheretheinformationsoughtfor
concernsthelifeorlibertyofaperson
•Addfivedays,whereanapplicationis
giventotheAPIO
61

62. REJECTION OF REQUESTS
wherearequesthasbeenrejected,thePIOshall
communicatetothepersonmakingtherequest—
(i) the reasonsfor such rejection;
(ii) the period within which an appealagainst such
rejection may be preferred; and
(iii) the particulars of the appellate authority
62

63. SOME IMPORTANT TIPS FOR PIOS
ThePIOshastokeepthefollowinginmind:
•informationwhichcannotbedeniedtothe
ParliamentortheStateLegislatureshallnotbe
deniedtoanycitizen;
•notwithstandingtheexemptionspermissibleunder
S.8(1),accesstoinformationistobeallowed,if
publicinterestindisclosureoutweighstheharmto
theprotectedinterest;
•theRighttoInformationAct,2005overridesthe
OfficialSecretsAct,1923;
63

64. SOME IMPORTANT TIPS FOR PIOS
•anymaterialrelatingtooccurrence,eventor
matter,whichhastakenplace,occurredor
happenedtwentyyearsbeforethedateofthe
applicationhastobegiventotheapplicant;
•accesstoinformationshouldnotinvolvean
infringementofcopyrightsubsistinginaperson
otherthantheSate;
64
Contd…

65. THE SECOND SCHEDULE
(SEE SECTION 21)
•INTELLEGENCE AND SECURITY
ORGANISATIONS ESTABLISHED BY THE
CENTRAL GOVERNMENT
•Intelligence Bureau.
•Research and Analysis Wing of the Cabinet
Secretariat.
•Directorate of Revenue Intelligence.
•Central Economic Intelligence Bureau.
•Directorate of Enforcement
•Narcotics Control Bureau
•Aviation Research Centre
•Special Frontier Force
•Border Security Force
•Central Reserve Police Force (CRPF)
•Indo-Tibetan Border Police
•Central Industrial Security Force
•National Security Guards
•Assam Rifles
•Special Service Bureau
•Special Branch (CID), Andaman and
Nicobar
•The Crime Branch –CID –CB, Dadra and
Nagar Haveli
•Special Branch, Lakshadweep Police
65

66. MERITS AND DEMERITS OF RTI ACT, 2005
•Merits or Advantages:
•Empowers Public .
•Reduces corruption .
•Right to Information Act not only ensures democratic elements in administration but it is also expected to
improve efficiency and increase promptness and speedy action in
administration.
•Transparency in Government Administration
•Easy to file a complaint
•No Reason required for any enquiry and deadline for every information ensures delivery.
•Makes the bureaucracy smoother and responsible asall administrative offices of public authorities have to
appoint `Public Information Officers (PIO).
•Information ACT for the basic level Citizens.
•Upgradation of most of the government offices to ensure RTI, by making websites and installing the files on
the internet just like Malaysia.Thereby reducing paperwork.
66

67. MERITS AND DEMERITS OF RTI ACT, 2005
•Demerits or Disadvantages:
•Less awareness.
•Used Mostly in Urban Areas
•Corruption might reduce but most of the corruption goes
behind the scene not visible to public.So for RTI to implement
one must know where and how to use itT.
•Technology benefits only for the educated class, poor
uneducated still remain a host to such problems
•Mis-use of RTI.
67

68. CONCLUSION
•The bottom line is RTI is a very useful and perhaps a much needed act for
India as its democracy is falling apart under the weight of corruption.
68

69. 69