RTI

1. Brij Bhushan Singh
singhbrijbhushan566@gmail.com

3.  Democracy requires an informed
citizenry.
 Transparency of information vital to its
functioning.
 To expose corruption
 Promote framework of Accountability,
Democracy, Ethics and Rights.

4.  The RTI bill was introduced in the Lok Sabha in
December 2004.
 It was passed by both Houses of the Parliament
in may 2005.
 The assent of the President was received on 15th
June 2005 and act was notified in the Gazette of
India on 21st June 2005.
 The RTI act has been operational on 12th October
2005 after completion of 120 days from the date
of Presidential assent.

5.  Maximum Disclosures : Minimum Exemptions
 Duty to Publish
 Suo motu and web based disclosures
 PIO and Deemed PIO
 Exemption – As per section 8 and 9 of the Act.
 Penalty for violations.
 Independent and Non-judicial appellate mechanism
 One of most important anti corruption tool in hand
of common citizens.
SALIENT FEATURES OF THE ACT

6.  “Right to Information” means right to
information accessible under this act which
is held by or under the control of any public
authority and includes the right to-
 Inspection of work, documents, records;
 Taking notes, extracts or certified copies of
documents or records;
 Taking certified samples of material;
Contd…

7.  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.

8.  “Public Authority" means any authority or body or
institution of self- government established or
constituted— (a)by or under the Constitution; (b)by
any other law made by Parliament; (c)by any other
law made by State Legislature; (d)by notification
issued or order made by the appropriate
Government, and includes any— (i) body owned,
controlled or substantially financed; (ii) non-
Government organization substantially financed,
directly or indirectly by funds provided by the
appropriate Government;
 A public authority has to fulfill certain obligations
as per RTI Act – 2005.

9. • Under the RTI act, Public Information Officers
(PIOs) should be designated in all administrative
units of every public authority in order to receive
information requests from citizens.
• The RTI act requires that every public authority shall
designate Assistant Public Information Officers.
•
• Under the act, every APIO has the duty and
responsibility to receive information requests from
the citizens and forward them to the PIO of the
concerned public authority that is likely to have the
information being sought by the applicant.

10. • Provide information within 30 days of the request.
• If the information concerns life or liberty of a
person, within 48 hours.
• Failure to provide information within specified
time limit by PIO will be deemed refusal of request.
• If payment of further fees is required to provide
information, PIO to intimate the requestor.
• Intervening period excluded from specified period
of 30 days.
Contd…

11. • Fees prescribed for providing information
in printed or any electronic format is as under:-
i) A request for obtaining information under
sub-section (1) of Section 6 shall be accompanied
by and application fee of rupees ten by way of
cash against proper receipt or by Demand Draft
of Bankers Cheque payable to the public
authority or Postal Order
Contd…

12. HANDLING NORMAL INFORMATION
ii) Rupees two for each page (in A-4 or A-3 size
paper) created or copied;
iii) Actual charge or cost price of a copy in larger
size paper;
iv) Actual cost or price for samples or models; and
v) For inspection of records, no fee for the first
hour; and a fee of rupees five for each fifteen
minutes (or fraction thereof) thereafter.
vi) For information provided in diskette or floppy
rupees fifty per diskette or floppy; and
Contd…

13. HANDLING NORMAL INFORMATION.
vii) For Information provided in printed form at the
price fixed for such publication or rupees two per
page of photocopy for extracts from the
publication.
 No such fees for persons below poverty line.
 Info to be given free of charge (no fees) if not
provided within specified time limit.
 Info to be provided in the requested format unless
i)Disproportionately expensive.
ii) Affects safety or preservation of the record.

14. PIO may reject a request for info for any of the grounds
mentioned in Sections 8 & 9 (within 30 days)
Section (8) (1) {exemption from disclosure of
information}
a) National Security - Information , disclosure of
which would prejudicially affect the Sovereignty and
Integrity of India, the Security, Scientific or
Economic interests of the State, relation with foreign
state or lead to incitement of an offence;
Contd…..

15. WHAT IS NOT OPEN TO DISCLOSURE
b) Contempt of Court- 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;
c) Parliamentary Privilege- information, the disclosure of which
would cause a breach of Privilege of Parliament or the State
Legislature;
d) Trade Secrecy- 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;
Contd….

16. WHAT IS NOT OPEN TO DISCLOSURE
e) Fiduciary Relationship- Information available to a
person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public
interest warrants the disclosure of such information;
f) Foreign Government- Information received in
confidence from Foreign Government;
g) Safety of informer in Law Enforcement- 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 of security purposes;
Contd….

17. WHAT IS NOT OPEN TO DISCLOSURE
h) Investigation - Information which would impede
the process of investigation or apprehension or
prosecution of offenders;
i) Cabinet Papers - Cabinet Papers including records
of deliberations of the council of ministers,
secretaries and other officers:
j) Privacy - 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
Contd….

18. Powers of Public Authority
 Section 8(2) – Notwithstanding anything in
Official Secrets Act, 1923 nor any of the
exemptions permissible in accordance with sub-
section(1), a public authority may allow access
to information, if public interest in disclosure
outweighs the harm to the protected interests.

19. Section 9: Infringement of copyright
Without prejudice to the provision of
section 8, a Central Public Information
Officer or a State Public Information Officer,
as the case may be, may reject a request for
information where such a request for
providing access would involve an
infringement of copyright subsisting in a
person other than the state.

20. Voluminous Information
 Section 7(9) may be used to disallow
voluminous information.

21.  No suit prosecution or other legal proceeding
shall lie against any person for anything which
is done in good faith.

22.  Reason for such rejection.
 Period within which appeal to be preferred.
 Particulars such as name, address etc. of the
appellate authority.

23. Information not to be disclosed, unless -
 Notice to third party within 5 days from
the date of receipt of application;
 Opportunity to be given to third party to
make oral or written statement within 10
days.
 Information regarding third party to be
supplied within 40 days.

24.  The applicant may file appeal within 30
days from the date of refusal of
information.
 Within thirty days if the information is
not supplied within prescribed time i.e.
it is neither refused nor given.
 Third party may also file appeal within
30 days from the date on which decision
should have been made.

25.  RTI Act shall have effect notwithstanding
anything inconsistent therewith contained in
the Official Secrets Act, 1923 and any other law
for the time being in force or in any instrument
having effect by virtue of any law other than
this Act.

26.  The information which cannot be denied to
the parliament or State Legislature shall not
be denied.
 The information which would
disproportionately divert the
 resources of the public authority or would be
detrimental to the safety or preservation of
record in question may be rejected.

27.  Central Information Commission is an
autonomous body set up to inquire into
complaints received from citizens. One can
complain that he has been refused access to
information. He can also complain about how
the public authority has handled his request.

28.  Penalties imposable by Information
Commission on PIO or officer asked to assist
PIO. For unreasonable delay – Rs. 250 per day
up to Rs. 25,000 For illegitimate refusal to
accept application, malafide denial,
knowingly providing false information,
destruction of information, etc. - up to Rs.
25,000 fine Recommendation for
departmental action for persistent or serious
violations.

29.  Opportunity of hearing to be given.
 Commission can grant compensation for loss
suffered by applicant due to non-provision of
information.

30.  Improve Compliance of Sec 4 of RTI
 Maximize disclosure on official website
 Demystification of Information

31.  Improve Decision Making Process
 Critically examine the existing operating
procedures including channels of
supervision and accountability
 Review operating Manuals
 Develop standards of performance/ norms
 Set up Documentation / Learning Resource
Centers

32.  Develop and organize educational
programmes to advance the understanding
of the public, particularly the
disadvantaged, to exercise Right to
Information. Government to: Encourage
public authorities to participate in
programmes; promote timely/effective
dissemination of accurate info on activities.
Train PIOs and produce relevant training
materials - user guide and related matter.