2. Right to Information Act, 2005
When introduced
On 12 October, 2005
Area of Extension
To the whole of India except the State of
Jammu & Kashmir
3. Right to Information Act, 2005
Objectives of the RTI ActTo empower citizen
To promote transparency
To promote accountability
Contain corruption
4. Right to Information Act, 2005
What is information
Records, documents, memos, emails,
opinions,
advices,
press
release, circulars, orders, logbooks,
contracts, reports, papers, samples,
models & all data held in any
electronic form
5.
6. Right to Information Act, 2005
Citizen’s rightsTo seek information in a form in which
it is maintained
Inspect work, documents and records
Take notes, extracts or certified copies
Take certified samples of material
7. Right to Information Act, 2005
Dos for the Public authority
Maintenance, updating and computerization of
records
Suo motu disclosure preferably in public domain
Publishing information pertaining to Section
4(1)(b) of the Act and regular updating of the
same
To designate SAPIO/SPIO/Appellate authority
To organize educational programme
To organize training
Comply with the decision of State Information
Commission
8. Right to Information Act, 2005
Salient features
No reasons to be asked
Persons belonging to BPL category not to submit
application fee or any cost for information but he/
she has to submit proof
Information deemed to be refused after lapse of
prescribed period
No prescribed application format but should contain
name and complete postal address of the applicant
9. Right to Information Act, 2005
Public authority Not to create/interprete information
Not to solve the problems raised by information seekers
Not to furnish replies to hypothetical questions
Reshape the information
Not to “deduce” conclusion from the material and supply the
“conclusion” to the applicant
10. Right to Information Act, 2005
Time period for supply of
information
If submitted to SPIO – 30 days from
date
of receipt
If submitted to SAPIO - 35 days
If life and liberty of a person is involved – 48 hours
11. Right to Information Act, 2005
Communication to the applicant should
contain
If application is rejected
The reasons for rejection
The particulars of appellate authority
Time limit for filing appeal
If additional fee is required
The details of cost with calculation
Fact with regard to right of applicant to make appeal
against such additional fee
Particulars of appellate authority
12. Right to Information Act, 2005
Intervening period to be excluded
If applicant is asked to pay any additional fee,
the period intervening between the dispatch of
intimation about such payment and actual
payment by the applicant shall be excluded from
the specified period
13. Right to Information Act, 2005
Transfer of application/seeking
assistance
To be done within 5 days if the information
pertains to the functioning of another public
authority
If assistance is sought by SPIO to another
officer under the same public authority, the said
officer will be deemed to be SPIO and liable for
contravention of the provisions of the Act
14. Right to Information Act, 2005
Supplying of information may be
denied
If category of information belongs to section 8 & 9 of the
RTI Act, 2005
a) But will be disclosed if public interest overweighs the harm
of protected interest and
b) 20 years have elapsed after occurrence of incident except in
certain cases
Form in which information sought would disproportionately
divert the resources of the Public authority
Cause harm to safety or preservation of records
15. Right to Information Act, 2005
Whom to lie appeal with
First appeal – Before an Officer senior to the SPIO
as notified
Second appeal – Before the State Information
Commission
16. Right to Information Act, 2005
Appeal on what grounds
a) First appeal –
If information not supplied by SPIO
within specified period
Applicant not satisfied with information
b) Second Appeal
–
If 1st Appellate authority fails to pass
order within specified period
Appellant not satisfied with the order of
1st Appellate authority
17. Right to Information Act, 2005
Time period for filing appeals
a) 1 st appeal
Within a period of 30 days fromThe date on which the time limit has expired for
response from SPIO
The date on which response of SPIO has been received
b) 2 nd appeal
Within a period of 90 days fromThe date on which decision should have been made by
the 1 st Appellate authority
The date on which decision has been received by
appellant
18. Right to Information Act, 2005
Supply of information to
association
If application made by an officebearer/employee of any
association/corporation/company/NGO etc.
indicating the name and if he is a citizen of
India, information to be provided
19. Right to Information Act, 2005
Third party information
Who is third party
Any person other than the applicant and includes a
public authority other than the authority to whom
information has been sought
20. Right to Information Act, 2005
Procedure for providing information
relating to third party
Within 5 days of receipt of application, SPIO to give
written notice to the third party
Within next 10 days, third party to make submission
SPIO to take a decision within 40 days from application
SPIO to issue notice to third party if he wishes to provide
information
Appellate authority to be specified in the notice
21. Right to Information Act, 2005
Fees required to be paid
a) Application fee- A court fee/NJ stamp
paper/Demand draft/Banker’s
cheque/Postal order of Rs. 10/b) In case of electronic application,
information to be provided only after
requisite application fee is deposited
22. Right to Information Act, 2005
Additional fee for providing
information
Rs. 2/- for each page of A3/A4 size paper
Actual cost price for larger paper
Rs. 5/- for each 15 minutes’ inspection
Rs. 50/- per diskette/Floppy
23. Right to Information Act, 2005
Complaints
May be filed to the State Information Commission if
Unable to submit application/appeal on grounds of refusal
SPIO/SAPIO/appellate authority not appointed
Access to information is refused
Not responded to within specified period
Fee considered unreasonable
Given incomplete, misleading or false information
:
24. Right to Information Act, 2005
Powers of State Information
Commission
May pass order to provide information
May require the Public authority to publish information
May order enhancement of provisions for training
May require to submit annual report
May order to compensate the complainant/appellant
May impose penalty on SPIO
May recommended disciplinary action against SPIO