RTI - Right to Information Act 2005

• Source: click for RTI Act, 2005 

• RTI stands for Right To Information 

• Enacted in 2005 

• Repealed/replaced the Freedom of Information Act, 2002

• Applicable/Extends to all States & UTs including Jammu & Kashmir (from 31.10.2019 onwards)

• CIC stands for Central Information Commission 

• CIC stands for Central Information Commissioner

• IC stands for Information Commissioner

• PIO stands for Public Information Officer

• APIO stands for Assistant Public Information Officer 

• Information: Any material in any form consists of: 

• Records

• Documents

• Memos

• E-mails

• Opinions

• Advices

• Press releases

• Circulars

• Orders

• Logbooks

• Contracts

• Reports

• Papers

• Samples

• Models

• Data held in any form

• Information relating to any private party (which can be accessed by a Public authority under the Law)   

• Right to Information means Right to:

• Inspection of work, documents, records

• Taking notes, extracts or certified copies of documents

• Taking certified samples of material 

• Obtaining information in the form of diskettes, floppies, video cassettes or in any other electronic mode or printout 

• Suo Motu: Public authorities should disseminate/provide (through notice boards,newspapers, public announcements, media, Internet i.e., Websites etc) as much information as possible to the Public at regular intervals through various means of communication incl: Internet to minimize the use of RTI to obtain information. 

• Language of the Application: English or Hindi or the Official language of the area in which the application is being made

• Fees: Rs.10.  It is exempted for the applicant, if belongs to BPL - Below Poverty Line. Also exempted, if the information is not provided within the time limit. 

• Time Limits: 

• Within 30 days - Provides the information on payment of fees or reject the request with valid reasons 

• Excluded for calculating the 30 days: The period intervening between the despatch of the information and payment of fees 

• 48 hours - If information sought for concerns the life or liberty of a person

• 5 days - If the application is transfer to the correct PIO by the PIO who received it 

• 30 days:  Dispose of the application by Appellate authority

• Third party information: 

   RIGHT TO INFORMATION ACT 2005

1. RTI Act came into effect from 12.10.2005.

2. Aim of the Act is to empower all citizens of the country by providing them the right to information.

3. This Act applies to all public authorities except military and other intelligent services as mentioned in Schedule 2 of the RTI Act.

4. As per this act "information" means- any material in any form, including records, documents, memos, e-mails, 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.

5. "Right to information" includes the right to-

1. inspection of work, documents, records

2. taking notes, extracts or certified copies of documents or records

3. taking certified samples of material 

4. 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.

6. Information which cannot be given:

Information expressly excluded under section 8 of the RTI Act should not be given. 

Example:

Information, disclosure of which would prejudicially affect the: 

Sovereignty and integrity of India, 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.

The information, 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 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 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.

Provided further that those matters which come under the exemptions specified in this section 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 Central Public Information Officer or the State 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.

7. Public Information Officer   (PIO)

Every Public Authority shall designate as many PIOs and APIOs as may be required for each of its administrative unit/Office.

8. Voluntary disclosure of information:

Every Public Authority should voluntarily disclose the information pertaining to its unit, office, department, or Ministry for the information of public.

9. Third party information:

Where a request is related to a third party the Public Information Officer(PIO) has to give a notice to the third party within 5 days of the receipt of the application asking the third party to make his submission. PIO has to take into account the submission of third party while disclosing the information. PIO can disclose the information if it serves larger public interests.

10. RTI applications:

Every Government department has to designate a PIO with whom RTI applications can be submitted.

Required application fee has to be submitted with the form.

For central government departments the fee is Rs. 10/-. 

There shall be no fee for persons living below poverty line.

Though there is a prescribed format available (You can download the form here), there is no need that application should be in this format. It can be written on a plain paper.

Fee can be by Cash or DD in favour of the department.

Application can be submitted in person or by post.

For copy of records Rs 2/- each page (A4/A3 size).

For inspection of records – No fee for first hour. Thereafter Rs 5/- for each subsequent hour or fraction thereof.

11. Time Limit:

Supply of information in normal course: 30 days

Supply of information concerning to life or liberty of a person:  48 hours

Supply of third part information: 40 days

12. If the PIO fails to give decision on the request within

the specified time, as aforesaid, the request shall be deemed to have been refused.

13. First Appeal

Appeals can be submitted to the appellate authority mentioned in the letter of rejection along with the original application form within 30 days.

No prescribed format and no fee for this.

14. Second Appeal:

Second Appeal can be submitted to the Central Information Commission. 

No prescribed format and no fee for this.

Any information required by any person can be obtained from the PIO on application and payment of prescribed fees which are as follows:

Offences and Penalties:

If the PIO without any reasonable cause refuse to receive the application for information, does not furnish information within the specified time, denies the information with malfide intension, knowingly gives incorrect, incomplete or misleading information, destroys information or obstruct in any manner in furnishing the information -  Rs 250/- for each day till application is received or information is furnished, subject to a maximum of Rs 25,000/- and recommendation of departmental disciplinary action.  

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