RTI

1. Subject In-Charge-Mr.Suryawanshi AA

2.  All citizens including public servants have the right to
access information under the control of Public
Authorities.
 Public Authority? Authority constituted by
◦ Constitution
◦ Parliament law or State law
◦ Govt. notification

3.  We treat the Divisions as separate entities.
 Relevance of question:
Transfer of cases and time-frame

4.  Inspect work & records
 Take certified samples of material
 Take notes, extracts, certified copies of documents/
records
 Obtain information in the form of print outs, floppies,
tapes, video cassettes, other electronic modes

5.  Document, manuscript, file
 Microfilm, microfiche, fax copy of document
 Any other material produced by the computer or other
device

6.  Maintain records catalogued and indexed
computerization, networking for easy access
 Publish certain particulars within 120 days
 Publish relevant facts while formulating policies/ decisions
affecting public
 Provide reasons for administrative/ quasi-judicial decisions
to affected persons
 Suo moto provide information ->minimize need for
resorting to RTI
 Form of dissemination- easily accessible
 In 100 days, designate PIOs and APIOs
 Info should be free or at cost of medium only

7.  Notice boards
 Newspapers
 Public announcements
 Media broadcasts
 Internet
 Inspection of offices
 Other means

8.  Cost effectiveness
 Local language
 Most effective medium in the local area

9.  Particulars, functions and duties of the organization
 Powers, duties of officers & employees
 Procedure followed in decision making including
channels of supervision
 Norms set for discharge of functions
 Rules, regulations, instructions, manuals, records used
 Statement of categories of documents held

10.  Details of arrangement of consultation/
representation of public in policy formulation or
implementation
 Statement of boards, councils, committees
constituted as its part or for advising it 
meetings, minutes accessible to public or not?
 Directory of officers and employees
 Their monthly remuneration
 Budget, plans, proposed expenditure
 Particulars of concession recipients
 Facilities available for obtaining information
 Name, designation, particulars of PIO
 Details of info held in electronic form

11.  PIO provides information to anyone
requesting for it
 APIO receives applications and forwards
them to PIO

12. To the extent possible, info should
be
easily accessible in electronic
format
with PIO.

13.  Deal with requests for information
 Offer reasonable assistance to applicant
 Provide access-enabling assistance to sensorily
disabled
 Seek assistance from any other officer as
considered necessary
 Take decisions regarding revelation of 3rd party
info
 For the purpose of contravention of this act, such
other officer will be treated as PIO.

14.  Monitoring RTI cell working
 Ensuring maintenance of RTI Cell base
records
 Compilation & sending of RTI info to R.Bd. for
CIC
 Forwarding appeals (to App Auth, to CIC)
 Liaison with Nodal officers

15.  Information should be free of cost or at
prescribed cost of medium/printout
 No fees are to be taken from those below
the poverty line
 If additional fees (cost of providing info) are
required, PIO has to give calculations to
information seeker, and details of appeal
rights
 If time limits passed , info to be given free

16.  Governed by RTI (Regulation of Fee and Cost)
Rules, 2005
 Rs.10 for application
 Rs.2 per printed page
 Rs.50 per floppy

17.  Will be made to PIO/APIO
 Will specify info particulars
 To be in writing/ electronic means (if it can’t be in
writing, PIO will assist to reduce oral request to
writing)
 In Hindi, English, Official language of the area
 Accompanied by prescribed fee
 No reason required
 No personal details required except for contacting
 To be transferred to another public authority if
pertains to them (in 5 days)  applicant to be
informed can be part transferred

18.  In 30 days if direct to PIO
 In 35 days if through APIO
 In 48 hours if life & liberty at stake
 If redirected, in 5 days
 If not given in time, deemed refused
 Submission to be asked from 3rd party in 5
days

19. If further fees required, period between
dispatch of request and deposit of fees will
not count
(Further fees will only cover cost of providing
the info, as prescribed)

20.  Give the information right away
 Give on payment of further fees
 Transfer to another Public Authority
 Refuse with reasons (as per exemptions in the
Act)
 Ask for 3rd party submission further action
thereupon

21. PIO has to communicate
1. Reasons for rejection
2. Allowable period of appeal
3. Particulars of Appellate Authority

22.  Prejudices sovereignty, security,
scientific/economic interests of India
 Forbidden to be published by Court
 Breach of privilege of legislature
 Impedes process of investigation
 Reveals source of confidential info given for law
enforcement/security purposes
 Endangers life or safety of anyone
 Involves infringement of copyright not held by the
State
 Cabinet papers

23.  Harms competitive position of 3rd party
 Information available in fiduciary relationship
In these cases, the info may be disclosed if the competent
authority* is satisfied that the larger public interest so
warrants
(*as defined in the Act  for Rlys, President)
 Personal information unlinked with public activity
 Resulting in invasion of privacy of individual
In these cases, PIO / Appellate Authority may disclose the
information if the larger public interest so warrants

24.  Information which cannot be denied to the
Parliament/State Legislature cannot be denied
to anyone
 If public interest outweighs harm to
protected interests, Public Authority can allow
disclosure.

25. However, any information about events
which happened 20 years ago is to be
provided, unless the sovereignty of India or
Breach of privilege of Parliament/legislature
is at stake.
Cabinet papers: always exempt.

26. • If the record contains exempted information in
parts, PIO can give that part of the record which
can be reasonably severed.
• Notice has to be given to applicant stating that
info is only part, reasons for the decision, who
gave the decision, details of fees, details of right
to review including designation of App Authority

27. If info to be disclosed was supplied in
confidence by a third party, then:
1. In 5 days, invite submission from 3rd party
2. Submission to be in 10 days
3. Keep submission in mind
4. In 40 days of receipt, take decision to disclose
if public interest outweighs harm to 3rd party

28.  Give notice of decision to 3rd party, stating
his appeal entitlement
 Appeal period: 30 days from order no
proviso for late appeal in 3rd party cases
 2nd appeal to CIC, in 90 days
 CIC will give reasonable opportunity to 3rd
party to be heard

29.  To officer senior in rank to PIO
 To be preferred in 30 days from expiry of
period/ date of receipt of decision (if good
reasons, may accept even later)
 Grounds
Decision not received in time
Aggrieved by decision

30.  In 30 days of receipt of appeal
 May extend to 45 days with written reasons

31.  Lies with CIC
 In 90 days (later if good reasons)
 We have to accept and forward 2nd appeals
too

32.  Central- Chief Information Commissioner
 State- State Chief Information Commissioner

33.  Receive complaints regarding
1. No PIO appointed
2. PIO refused to accept application for info
or appeal to AA or CIC
3. Refused access
4. Time limit expired & no response
5. Unreasonable fee
6. Info incomplete or false
7. Any other matter of RTI
 Can initiate inquiry
 Has powers like Civil Court
 Onus on PIO to prove refusal was justified

34. IC has powers like a Civil Court trying suit under Civil Procedure Code:
 Summon, enforce attendance
 Compel oral/written evidence on oath
 Compel to produce documents, things
 Receive evidence on affidavit
 Requisition public records from any court/office
 Issue summons to examine witness/document
 Any other prescribed matter
No document under the Public Authority to which the Act
applies can be withheld from IC, notwithstanding any other
Act of Parliament

35. Can require the Public Authority to
 Provide information in particular form
 Appoint PIO
 Publish certain info
 Change practices relating to record
management
 Enhance provision of training on RTI
 Compensate complainant
 Provide annual report
 I C can impose penalties

36. IF PIO WITHOUT REASONABLE CAUSE
 Refused to receive application
 Did not furnish info in time
 With malafide intention denied request
 Knowingly gave incorrect info or destroyed
subject info
 Obstructed furnishing of info
Then…

37.  Rs.250 per day up to Rs. 25000 (max)
till application taken/ information furnished
 If PIO persistently repeats the defined
actions, then…
CIC can recommend disciplinary action
against PIO

38.  IC will give notice of appeal rights to
complainant/ public authority
 PIO will be given reasonable opportunity to be
heard before penalty imposition
 Burden on proving reasonableness, diligence
on PIO
 Protection of action taken in good faith

39. Each dept to furnish information annually to CIC
regarding:
 No. of requests received
 No. of denials, Act provisions of deial decisions
 No of appeals to IC, nature, outcome
 Particulars of disciplinary action taken
 Amount of charges collected
 Recommendations of reform
 Efforts of Public Authority to administer the Act
Based on this, report of CIC will be tabled before
Parliament

40.  Over Official Secrets Act 1923
 Any other law for the time in force
 Any instrument having effect by virtue of any
law other than this Act
 Freedom of Info Act 2002 repealed

41.  Analyze RTI implications in day-to-day
working, notings
 Filing policy and systematic implementation
 Physical maintenance of records
 Computerisation- info retrieval
 RTI dealing machinery in all depts

42.  Compilation and dissemination of
 Suo moto info
 Obligatory info
 Clarity in each dept regarding exemptable
info
 Process of accountal, refund of cash
receipts
 Record mgmt at RTI cell for reporting to Bd,
CIC
 Training

43. 1. Application Registration Register
Need to link cash receipt & registration
◦ Establish common ground for direct, postal, email
requests
◦ Record number of requests for reporting
◦ Track history of case thru the reg. no.
◦ Monitoring of target date with ref to cash receipt date
(same as reg date)

44. 2. Rejection Register, provisions of the Act
used
3. Appeals Register, nature, outcome of
appeals
4. RTI D&AR Records, CIC ordered cases,
follow up action taken
5. Movement and accountability
6. Application fee, refunds, cash accountal
system

45.  Applications
 RTI Cash Receipts
 Appeals to AA
 Appeals to CIC
 Notice to 3rd party
 Decisions to 3rd party
 Rejections
 Reply to email applications
 Reply to postal applications
 Request for further fees
 Transfer case responses

46.  Registration Section :Public Interface
◦ Registration ( applications, appeals) , inward transfer cases,
emails, postal requests, provision of info/refusal,
Application & Rejection records
 Cash counter: Fee collection, accountal, refund, records
 Info processing: putting up requests, liaison with nodal
officers, arranging inspections, appeals, outward transfers,
3rd party, related records
 Efficiency: compilation, reporting, monitoring