Rti overview

This contains broad details relating to the Right to Information Act, 2005.

1. Right to Information Act, 2005
Presentation by
DR SATYANARAYANA DASH
Ex- Acting Chairman, Odisha Administrative
Tribunal

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

3. Structure to Implement RTI Act
•State Information
Commissioner
•Public Authorities
•Appellate Bodies
•State Public
Information Officer
•State Appellate Public
Information Officers
•Central Information
Commissioner
•Public Authorities
•Appellate Bodies
•Central Public
Information Officers
•Central Appellate
Public Information
Officers

4. Who are Covered under RTI
Covers all PUBLIC AUTHORITIES which means:
Any body constituted under the Constitution or a law
made by Parliament or State Legislatures.
Any body constituted by a notification or order
issued by the Central / State Governments.
Any body owned, controlled or substantially
financed by the Central Government or the State
Government.

5. Who are Exempted ?
Intelligence and security organisations
established by the Central or State
Governments as notified from time to time.

However, information relating to alleged
corruption or human rights violations is not
exempted from disclosure.

6. Scope of the Right to Information
Right to information includes the right to:

inspection of work, documents, records;
taking notes, extracts or certified copies thereof;

taking certified samples of material;

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;

7. Definition of File
'Manual of Office
Procedure' of the DoPT.
Section 27 of Chapter II:
'Definitions', clearly states,
'File means a collection of
papers on a specific subject
matter assigned a file number and
consisting of one or more of the
following parts:
(a) Correspondence
(b) Notes
(c) Appendix to Correspondence
(d) Appendix to Notes'

8. What is a Record
Any document, manuscript
and file;
Any microfilm, microfiche
and facsimile copy of a
document;
Any reproduction of images or
images embodied in such
microfilm and
Any other material produced
by a computer or any other
device .

9. Exemptions
Information which would prejudicially affect

sovereignty and integrity of India;
security/strategic/scientific/economic interests of the State;
relation with foreign State
Information which might incite an offence

Information which
- is forbidden by a court;
- that causes a breach of privilege of the Legislature;
- would harm the competitive position of a third party;

10. Exemptions - - - -
- is held in fiduciary relationship, unless larger public interest

warrants disclosure;
- received in confidence from foreign Government;
- would endanger the life of any person;
- would impede the process of investigation;
- would involve an infringement of copy right.
Personal information which has no relationship to
any public activity or interest
Cabinet papers including records of deliberations of
the Council of Ministers, Secretaries and officers;

11. Exempted Categories
•Intelligence Bureau, Research & Analysis
Wing, Directorate of Revenue Intelligence,
Central Economic Intelligence Bureau,
Department of Enforcement, Narcotics
Control Bureau, Aviation Research Centre,
Special Frontier Force, BSF, CRPF, ITBP,
CISF, NSG, Special Service Bureau,

12. Exempted Categories
•Special Branch (CID) Andaman &
Nicobar, Crime Branch (CID) Dadra And
Nagar Havelli, Special Branch Lakshaweep
Police…….list is expanding
•However no exemption –in matters relating
to human rights violations and corruption,

13. Exempted Categories Contd
•Information can be given only if concerned
IC approves-Time limit 45 days

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

15. Severability
•the part of information not covered by the
exemptions under section 8 may be
disclosed.(Section 10)

16. Third Party Cases
1.Information supplied by third party to be
treated as confidential, PIO must cause a
notice to third party inviting his submission
within 5 days. Except trade secrets, disclosure
may be made if the public interest outweighs.
2.The third party within ten days to make
representation on disclosure.
3.PIO to decide within 40 days and make a
decision.
4.Third party to whom notice is given may
prefer an appeal under Sec. 19. ( Third party to be
heard before imparting information)

17. Obligations of Appropriate
Government
•Constitution of Information Commission (S/12,15)
–Constitution of Central or State Information Commission
by the appropriate Government
•Framing Rules (Section 27)
–Appropriate Government to make rules to carry out the
provisions of this Act
•Review of existing Acts/Rules
–Act has over-riding effect on any other Act/Rule/Order
(Sec 22)
–Necessary to review all Acts/Rules etc. to remove points
of conflict with this Act

18. Obligations of Government
•Spread Awareness
–develop and organise educational programmes to
advance the understanding of the public, in
particular of disadvantaged communities regarding
the exercise of the right.
•Training
–train Central Public Information Officers or State
Public Information Officers, as the case may be, of
public authorities and produce relevant training
materials for use by the public authorities
themselves.

19. Action taken by the Central
Government
CIC constituted
Rules of procedure, fee etc. notified
Conduct rules for public servants brought in line with the Act
Training institutes requested to include the Act in their training
modules. All the leading training institutes are conducting
training on RTI
GOI-UNDP Project on “Capacity Building for Access to
Information” being undertaken across 24 Districts in 12
States and (2 districts in each State).

20. Obligations of Public Authorities
Proactive disclosure (Sec 4 of RTI Act 2005)
•Particulars of the organisation, its functions and duties;
•Procedure followed in its decision making process
•Norms set out for the discharge of its functions;
•Rules, regulations, instructions, manuals and records used
by its employees for the discharge of its functions,
•Arrangement for consultation with or representation by
the public, in policy formulation/implementation;

21. Obligations of Public Authorities
•Advice given by the boards, councils, committees etc.
•Directory of its officers and employees
•Budget allocated
•Details of the implementation of subsidy programmes
•Particulars of recipients of concessions, permits etc.
•Such information as may be prescribed

22. Obligations of Public Authorities
Designation of PIOs etc.
–Designate Public Information Officer to provide
information to applicants
–Also to designate APIOs at sub-divisional/district level
–No bar on the number of such PIOs/APIOs
–Designate appellate authority for the first appeal within
the public authority

23. Obligations of Public Authorities
Publication of all relevant facts relating to important
policies and decisions
Provide reasons for administrative or quasi-judicial
decisions to affected persons

24. Procedure for seeking
information[Sec. 6]
Application can be made in writing including through
electronic mediums in English or Hindi or local official
language of the area.
Where request is not in writing, PIO to provide assistance to
reduce it to writing.
Reasons for seeking information need not be given.

25. Fees: Section 7
Prescribed Fees to be paid along with the application. No
fee for persons below the poverty line. Application fees, to
be prescribed in the rules, shall be reasonable.
Further fees, towards cost of providing information, to be
intimated by the PIO.
Applicant can seek a review of the fees through an appeal
to the prescribed Appellate Authority.
Applicant to be provided information free of cost in case of
failure to comply with the response time-limit.

26. Fees: Section 7
Fees prescribed by the Central Government:
For supply of information
Application fee:Rs.10.
Cost of stationery:Rs. 2/each page of the
information in A4/A3 size of
paper and actual cost in case of
larger size of paper.
Cost per floppy/CD: Rs. 50.

For inspection of records
No fee for first hour.
Rs.5 for each subsequent hour and fraction thereof.

27. Response Time : Section 7
30 days from the date of application.
48 hours if involves the life or liberty of a person.
40 days if involves the interests of a third party.
No response on application within the time limit is
deemed refusal.

28. Rejection
Requests involving
infringement of copyright
subsisting in a person
other than the state may be
rejected.

29. Appeals[ Section 19]:
Internal
First appeal to the officer immediately senior to Public
Information Officer within 30 days of decision.
Appeal to be disposed of within a period of 30 days extendable
upto a total of 45 days.
External
Second appeal to CIC/SIC within 90 days of decision of
Appellate Authority.
In both the appeals onus to justify denial of request shall be
on the PIO. Decision of the CIC/SIC is final and binding.

30. Penalty Provisions[Sec. 20]:
PIO liable to a fine of Rs. 250 per day up to a maximum of
Rs. 25,000/- for
 not accepting an application;
delaying information release without reasonable cause;
malafidely denying information;
knowingly giving incomplete, incorrect or misleading information;
destroying information that has been requested; and
obstructing furnishing of information in any manner.
CIC/SIC empowered to impose penalty on PIO. They can
also recommend disciplinary action against an erring PIO.

31. CIC/SIC-Functions [Sec.18]
•Besides appeals, CIC/SIC also authorised to
enquire into complaints regarding-
Inability to submit an request for information because a
PIO has not been appointed;
Refusal/deemed refusal of information.
Allegation that the fees charged are unreasonable.
Allegedly incomplete or false or misleading information.

32. CIC/SIC-Powers [Sec.18]
CIC/SIC granted powers of Civil Court
such as –
summoning and enforcing attendance of witnesses,
compelling evidence on oath and production of
documents
requisitioning public records from any court or office
Any other matter which may be prescribed

33. CIC/SIC-Powers [Sec.19] contd.
CIC/SIC can require Public Authorities to interalia take the
following steps
Appoint a PIO.
Publish certain information or categories of information
Make necessary changes to the records management, maintenance and
destruction procedures.
Enhance the training provision for officials on RTI.
Seek an annual report from the Public Authority.
Compensate for any loss or other detriment suffered by the requestor.

34. Removal of difficulties
Central Government empowered to issue
orders to remove difficulties in the
implementation of the Act.(Sec. 30)

35. The End
Or
The Beginning

36. Thank You