1. Right to Information Act
Transparency, Accountability, & Better Governance
Submitted By-Kirit
Kene
Submitted to-Prof.Y.A.LAD

2. • The Right to Information Act (RTI) is an Act of the Parliament of
India to provide for setting out the practical regime of right
to information for citizens" and replaces the erstwhile
Freedom of information Act, 2002.
• RTI applies to all States and Union Territories of India
except Jammu & Kashmir.
• Any citizen may request information from a "public authority"
(a body of Government or "instrumentality of State") which
is required to reply expeditiously or within thirty days.
• The Act also requires every public authority to computerise
their records for wide dissemination and to proactively
certain categories of information so that the citizens need
minimum recourse to request for information formally.
•
Introduction

3. Intro. Conti…..
• This law was passed by Parliament on 15 June 2005 and
came fully into force on 13 October 2005.
• It is an initiative taken by Department of Personnel and
Training, Ministry of Personnel, Public Grievances and
Pensions to provide a– RTI Portal Gateway to the citizens
for quick search of information on the details of first
Appellate Authorities, PIOs etc.
• Right to Information Act 2005 mandates timely response to
citizen requests for government information. It is an
initiative taken by Department of Personnel and
Training, Ministry of Personnel, Public Grievances and
Pensions

4. Scope of RTI
• The Act covers the whole of India except Jammu and
Kashmir, where J&K Right to Information Act is in force.
• It is not to all constitutional authorities, including the
executive, legislature and judiciary; any institution or
body established or constituted by an act of Parliament or
a state legislature.
• In this Act that bodies or authorities established or
constituted by order or notification of appropriate govt.
including bodies "owned, controlled or substantially
financed" by govt., or non-govt. organisations
"substantially financed, directly or indirectly by funds"
provided by the government are also covered in the Act.

5. Preamble of RTI Act
• ..............to promote transparency and
accountability in the working of every
public authority.
•
•
• .............. to contain corruption and to hold
Governments and their instrumentalities
accountable to the governed.
•

6. What is Information ?
• Information means any material in any form
including:

7. What does “Record” mean?
üAny document
üFile
üAny material produced by a computer or any
other device.
Sec. 2 ( i )
ü

8. Exclusions
Certain info cannot be given if :-
üIt affects the sovereignty and integrity of India Sec
8 (1) (a).
ü
üIt has been expressly forbidden to be published by
any Court of law Sec. 8 (1) (b).
ü
üIt causes breach of privilege of the Parliament or
State Legislature Sec. 8 (1) (c).
•

9. Exclusions (Cont…)
üInfo is held in commercial confidence, trade secrets or
intellectual property. Sec. 8 (1) (d).
ü
üIf info is held in fiduciary relationship, unless the
competent authority is satisfied that the larger public
interest warrants the disclosure of such info.
Sec. 8 (1) (e).
ü
üIf info is received in confidence from foreign Govt.
Sec. 8 (1) (f).

10. Exclusions (Cont…)
üIf the info endangers the life or physical safety of any
person…. Sec. 8 (1) (g).
ü
üIf it impedes the process the investigation or apprehension or
prosecution of offenders…. Sec. 8 (1) (h).
üCabinet papers including records of deliberations of the
council of Ministers, Secretaries and other officers till
decisions on it are taken….. Sec. 8 (1) (i).
ü

11. Exclusions (Cont…)
üPersonal info, the disclosure of which has no
relationship to any public activity or interest, or
which would cause unwarranted invasion of
privacy of the individual … unless larger public
interest justifies the disclosure of such info. ….
Sec. 8 (1) (j).
ü
üOnly info which can be denied to the Parliament or
Legislature….. Sec. 8 (1) (k).
•

12. Important
üInfo should be given in the public interest if it
outweighs the harm to the protected interests or
anything contained in the Official Secrets Act or
contained in any of the exemptions of Sec. 8 (1) of
RTI Act 2005.
Sec. 8 (2).
üInfo should be provided on any event or matter which
has taken place 20 years before the date of RTI
Application.
Sec. 8 (3)
ü

13. Exclusions (Cont…)
üIf it infringes ‘copyright’. Sec. 9
üReasonable severance of information which is
exempt from disclosure. Sec. 10 (1) and
Sec .10(2)
ü
üThird party information – e.g. Tax returns (unless
public interest outweighs interest of the third
party ) Sec. 11 (1)
ü

14. RTI Application / Appeal
system
Step 1 :-
üEvery Govt. Department has appointed one “Public
Information Officer (PIO)” and a higher officer called
“First Appellate Authority”.
üThe RTI Application should be addressed to the PIO of
that concerned Dept. to which the info relates. The
PIO is appointed to provided info on RTI Applications.
üThe PIO is supposed to provide info within 30 days of
the receipt of the RTI Application.
•

15. RTI Application / Appeal
system (Cont…)
Step 2 :-
ü When the applicant is not satisfied with the info provided or
when info has been denied in part or whole, then the “First
Appeal” need to be filed. It has to be addressed to “The First
Appellate Authority” of that concerned Dept. to which the
info relates.
ü The First Appeal should be filed within 30 days from the date
when info has been received or should have been received.
ü The First Appellate Authority (FAA) may call the Appellant and
the PIO for a hearing. The FAA should direct the PIO to
provide ASAP and / or provide a written Order within 30
days of receipt of the First Appeal.
•

16. RTI Application / Appeal
system (Cont…)
Step 3 :-
üIf the Appellant is not satisfied with the info then
provided or denied, then he may file a Second Appeal
with the Chief Info. Commissioner within the 90 days
from the date when info has been received or should
have been received.
ü
üIf still satisfactory response is not received by the
appellant, he may approach the High Court in writ
petition.
•

17. Examples of State Govt.
Depts.üMunicipal Corporation / Municipal Council
üCollector
üPolice Dept.
üDepartments existing in Mantralaya
üDepts. controlled / formed by the State Govt. etc.
ü

18. Examples of Central Govt.
Depts.üRailways
üAirlines (Government run) / Airports etc.
üPassport Offices
üBanks (Private and Public)
üDepartments controlled / formed by the Central Govt.
etc.
ü

19. Agencies excluded from RTI
ActüIntelligence Bureau
üRAW
üDRI
üCentral Economic
Intelligence Bureau
üDirectorate of Enforcement
üNarcotics Control Bureau
üAviation Research Centre
üSpecial Frontier Force
üBSF
üCRPF
üITBP
üCISF
üNSG
üAssam Rifles
üSpecial Service Bureau
üCID (Special Branch) –
Andaman Nicobar
üCrime Branch Dadra &
Nagar Haveli
üSp. Branch
Lakshadweep Police.

20. Exemption clause in detail
• National security
• Trade secrete/IPR/copy right
• Privacy
• Foreign relation
• Danger to life & physical safety
• Impede the investigation
• Cabinet papers
• Public interest v/s protected interests
•

21. RTI Applications / Appeals
for State Govt. Depts.
üFill the RTI Application Form (i.e. Annexure A) and affix Rs. 10
Court Fee Stamp.
üTake a xerox of the filled Application Form and either hand
deliver it or send it by “Copy Letter” system of a Courier Co.
so that you get a stamped and signed acknowledgement of
the same.
üFor filing First Appeal, fill the first Appeal Form (i.e. Annexure
B), then affix Rs. 20 Court Fee Stamp and then follow the
same procedure as in point no. 2 above.
üAvoid sending the Application / Appeal by ordinary post as far
as possible.

22. RTI Applications / Appeals
for State Govt. Depts.
üInfo / First appeal Order should be received by the
appellant within 30 days of filing of First Appeal.
üIf info received is unsatisfactory or info is denied
then Second Appeal (Annexure C) can be filed to
the State Information Commissioner within 90
days.
üCharges and other procedure for filing Second
Appeal remains the same as for First Appeal.

23. RTI Applications / Appeals
for
Central Govt. Depts.
üFill the RTI Application Form (i.e. Annexure A). Either
enclose a money order or DD or Pay Order or IPO of
Rs. 10 along with the application.
üTake a Xerox of the filled Application Form and either
hand deliver it or send it by “Copy Letter” system of a
Courier Co. so that you get a stamped and signed
acknowledgement of the same.
üFor filing First Appeal, fill the first Appeal Form (i.e.
Annexure B).
üThere is no charge for filing the First and Second Appeal.
Other procedures remain the same.

24. RTI Applications / Appeals
for
Central Govt. Depts. (Cont…)üAvoid sending the Application / Appeal by ordinary post
as far as possible.
üInfo / First appeal Order should be received by the
appellant within 30 days of filing of First Appeal.
üIf info received is unsatisfactory or info is denied then
Second Appeal (Annexure C) can be filed to the
Central Information Commissioner within 90 days.
•

25. Penalty, Denial & Compensation
under RTI Act
• PIO can be penalized by CIC/SIC only u/s 20 of the RTI
Act i.e. @ Rs. 250 per day of delay or malafide denial
of information. Up to a Maximum limit of Rs. 25000/-.
[Note: FAA has no jurisdiction to impose Penalty].
• Section 19(8) gives power to CIC/SIC to grant
compensation to the appellant.
• Repeated and mala fide denial of information by a PIO
can result in a negative remark in his / her Annual
Confidential Report (ACR).
•

26. RTI Application Form
(Annexure A)
To,
Public Information Officer,
__ Department
Address.
1.Full name of the applicant : .
2.Address :
3.Subject matter of information :--
4.The period to which the information relates : From __ till __.
5.Description of the information required :
6.Whether information is required by post or in person : By Post.
7.In case by post (Ordinary, Registered or Speed) : By Registered
Post.

27. RTI First Appeal Form
(Annexure B)To,
The First Appellate Authority,
__ Department
Address.
1.Full name of the appellant :
2.Address :
3.Particulars of the State / Central Public Information Officer :
4.Date of receipt of order appealed against (if order passed) :
5.Last date for filing the appeal :
6.The grounds for appeal :
7.Particulars of information :
8.Nature and subject matter of the information required :
17.Name of the Office or Department to which the information relates:
Encl :--
10.Copy of my RTI Application dated _________________.
11.Reply recd. from the PIO, dtd ______________, recd. by me on date___
.

28. RTI Second Appeal Form
(Annexure C)To :-
The Chief Information Commissioner,
Address
1.Full name and Address of the Appellant :-
2.Particulars of State / Central Public Information
Officer :-
3.Particulars of First Appellate Authority :-
4.Date of receipt of the order appealed against :-
5.Last date of filing the appeal :-
6.The grounds of appeal :-
7.Prayer :--

29. 8. Particulars of information :-
9. Nature and subject matter of the information required :--
10.Name of the Office or Department to which the information
relates :--
Enclosure :--
Copy of my RTI Application dated________ . Ref. No.
_________, received by the PIO on date __________.
Copy of the reply received from PIO, dated_________ ,
received by me on date_______.
Copy of the reply received from Appellate Authority
dated._____------______, recd. by me on _________.
•

30. Framing of Questions
Never ask questions
like
what, why, when etc.
Applications will get
dismissed straight
away
Instead always start with:
ü
üProvide copy of.
üProvide circulars.
üProvide minutes.
üProvide samples.
üProvide GR.
üProvide file noting.

31. Charges for Information
If information is received within 30 days of filing of
application then :-
üRs. 2 / page – A4/A3 paper size
üRs. 50 / CD
üAs per actual for plans / samples etc.
üFor inspection of records – 1st Hr is free, then Rs. 5 for
every subsequent 15 minutes.
üFor Courts - Refer Bombay High Court RTI Rules
üIf information is received after 30 days, no charges are to
be paid.
•

32. Charges for Information
Conti…..• Every person seeking the information shall request orally
or in writing or through electronic means paying the
requisite fees at the following rates :
• In respect of public authorities at the Village Level – No
fee ;
• In respect of public authorities at Mandal Level – Rs. 5/-
per application ;
• In respect of public authorities other than those covered
above – Rs. 10/- per application ;
•

33. Charges for Information
Conti…..• Samples and models – actual cost thereof;
• vi) Inspection of records – no fee for the first hour; and a fee of rupees
five for each fifteen minutes (or fraction thereof) thereafter;
• vii) Material to be sent by post – the actual postal charges in addition to
the charge payable as per the rules.
• The applicant is not required to give any reason or any other personal
details except those that may be necessary for contacting him.
•

34. Charges for Information
Conti…..• The sale price of publications printed matter, text, maps, plans, floppies,
CDs, samples, models or material in any other form.
• e) Other than priced material :
• i) Material in printed or text form (in A4 or A3 size paper) Rs.2/- per each
page per copy;
• Material in printed or text form in larger than A4 or A3 size paper - actual
cost thereof;
• Maps and plans – actual cost thereof;
• Information in Electronic format viz., Floppy, CD or DVD:
• (a) Rupees fifty for Floppy of 1.44 MB;
• (b) Rupees one hundred for CD of 700 MB; and
• (c) Rupees two hundred for CD (DVD).
•

35. Mode of payment
ü For Maharashtra State
ü Rs. 10/- Court Fee Stamp for RTI application.
ü Rs. 20/- Court fee Stamp for 1st & 2nd Appeal.
ü
ü For Central Public Authorities:
ü BC/DD/IPO in favor of “Accounts Officer” of
designated authority.
ü NOTE: No Fees applicable for 1st & 2nd appeals.
ü For Courts, Western & Central Railways
ü Please check respective RTI Rules.
•

36. Court fee stamp as RTI fees
in Maharashtra

37. Indian Postal Order [IPO]

38. Western & Central Railway
RTI fees

39. Please remember….
• Right to Information Act 2005 [RTI] is a powerful tool
in the hands of the citizens; it is up to the citizens to
use it in a responsible manner and for a bona fide
purpose only.
• Frivolous use or use with the intention of harassment
or personal gain will defeat the very objectives of
this Act.
•

40. OFFICIAL SECRETS ACT 1923OFFICIAL SECRETS ACT 1923
THEN NOW

41. •Thank You