Right to Information Act 2005

Introduction.

Government runs on the money paid by people as taxes.Therefore, People

have a right to know how their money is being used. Right to Information
allows people to do that.

In a democracy, people are the masters. Government exists to serve

them. People have a right to know how they are being governed

Supreme court ruling

The Supreme Court has observed that Right to Information is a part of

Right to Speech & Expression, which is a fundamental right under Article
19(1) of the Constitution. According to the Supreme Court, Right to
Speech & Expression cannot be exercised without Right to
Information

Applicability of Right to information ACT 2005

Right to Information Act became effective from 13.10.2005 and is

applicable to the whole of India except Jammu & Kashmir.

Before the Central law was enacted, Right to Information laws were passed
by nine state Governments in the country viz Goa, Tamil Nadu, Karnataka,
Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Assam and Jammu &
Kashmir. After the enactment of the Central RTI Act, these state laws have
become redundant now

Objective of Right to Information Act 2005

Objective:- An Act

> To provide for setting out the practical regime of right to information for
citizens
to secure access to information under the control of public authorities,
in order to promote transparency and accountability in the working
of every public authority, the constitution of a Central Information
Commission and State Information Commissions and for matters
connected therewith or incidental thereto.

Right to Information Act 2005

The RTI Act 2005 Some Definitions

"information" means any material in any form, including records,

documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form (2(f)).

"right to information" means the 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;

(2(j)).

Right to Information

It includes the right to - inspect works, documents, records.

take notes, extracts or certified copies of documents or records.

take certified samples of material.

obtain information in form of printouts, diskettes, floppies, tapes, video

cassettes or in any other electronic mode or through printouts.[S.2(j)]

Information NOT open to disclosure

The following is exempt from disclosure [S.8)] information,

1. disclosure of which would prejudicially affect the sovereignty and

integrity of India, the security, strategic, scientific or economic interests
of the State, relation with foreign State or lead to incitement of an offence
2. 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;
3. information, the disclosure of which would cause a breach of privilege
of Parliament or the State Legislature;
4. 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;
5. 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;

6.

Contd.Information not open to disclosure

information received in confidence from foreign Government;

7.
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;

8.
information which would impede the process of investigation or
apprehension or prosecution of offenders;
9.
cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers;
10.
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;
Notwithstanding any of the exemptions listed above, a public authority may
allow access to information, if public interest in disclosure outweighs
the harm to the protected interests.

The RTI Act 2005 Processes

(method of seeking information.)

Application to be submitted in writing or electronically, with

prescribed fee, to Public Information Officer (PIO).

Envisages PIO/APIO in each department/agency to receive

requests and provide information. These will be existing officers.

Information to be provided within 30 days.

48 hours where life or liberty is involved.

35 days where request is given to Asst. PIO,

40 days where third party is involved and

45 days for human rights violation information from listed

security/intelligence agencies.

Time taken for calculation and intimation of fees excluded from the
time frame.

No action on application for 30 days is a deemed refusal.

No fee for delayed response.

Public information Officers

PIOs are officers designated by the public authorities in all

administrative units or offices under it to provide information to the citizens
requesting for information under the Act.
Any officer, whose assistance has been sought by the PIO for the proper
discharge of his or her duties, shall render all assistance and for the purpose of
contraventions of the provisions of this Act, such other officer shall be treated as
a PIO.

Powers and functions of information officers

The Central Information Commission/State Information

Commission has a duty to receive complaints from any person -

a) who has not been able to submit an information request because

a PIO has not been appointed ;
b) who has been refused information that was requested;
c) who has received no response to his/her information request within the
specified time limits ;
d) who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f) any other matter relating to obtaining information under this law.

Power to order inquiry if there are reasonable grounds.

Chief Information Commissioner/SIC will have powers of Civil Court such as

-

a) summoning and enforcing attendance of persons, compelling them to give

oral or written evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit ;
d) requesting public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed.

Power to secure compliance of its decisions from the Public Authority

includesa) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
c) publishing information or categories of information;

d) making necessary changes to the practices relating to management,

maintenance and destruction of records ;
e) enhancing training provision for officials on RTI;
f) seeking an annual report from the public authority on compliance with
this law;
g) require it to compensate for any loss or other detriment suffered by the
applicant ;

h) impose penalties under this law; or

i) reject the application. (S.18 and S.19)

Duties of a PIO

PIOs shall deal with requests from persons seeking information and
where the request cannot be made in writing, to render reasonable
assistance to the person to reduce the same in writing.

If the information requested for is held by or its subject matter is closely

connected with the function of another public authority, the PIO shall
transfer, within 5 days, the request to that other public authority and
inform the applicant immediately.

PIO may seek the assistance of any other officer for the proper
discharge of his/her duties.

PIO, on receipt of a request, shall as expeditiously as possible, and in any

case within 30 days of the receipt of the request, either provide the
information on payment of such fee as may be prescribed or
reject the request for any of the reasons specified in S.8 or S.9.

Where the information requested for concerns the life or liberty of a

person, the same shall be provided within forty-eight hours of the
receipt of the request.

If the PIO fails to give decision on the request within the period
specified, he shall be deemed to have refused the request.

Penalty provisions

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs.
25,000/-, for - not accepting an application;
1. delaying information release without reasonable cause;
2. malafidely denying information;
3. knowingly giving incomplete, incorrect, misleading information;
4. destroying information that has been requested and
5. obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the
power to impose this penalty. The Information Commission can also recommend
disciplinary action for violation of the law against an erring PIO. (S.20)

Information Technology Act 2000 (Cyber Laws 1999)

Background Or Introduction

Cyber Law is the field of law dealing with computers and internet
including such issues as Intellectual property rights, freedom of
expression, freedom of access to information

The united Nations Commissions on International Trade Law(UNCITRAL)

adopted model Law on electronic commerce in 1996.

The General Assembly of United Nations by its resolution No.51/162

dated 30th JaJanuary1997 recommended that all states should give
favorable consideration to the said model Law when they enact or revise
their laws.

January 1997, recommended that all states should have favorable

consideration to the said model Law when they enact or revise their Law.

Contd Introduction

In discharge of its international responsibility

Government of India enacted a new Law in the year 2000 known as

Information Technology Act

OBJECTIVES of the Act.

(1) to grant legal recognition to transaction carried out by means of

electronic data interchange and other means of electronic commonly
referred to as electronic commerce

Contd objective

in place of paper based methods of communication

(ii) To give legal recognition to digital signature for authentication of any
information or matter which requires authentication under any Law.
(iii) To facilitate electronic filing of documents with Government departments
(iv) To facilitate electronic storage of Data.
(v) To facilitate and give legal sanction to electronic transfers between Banks and
fiancial I

Contd.. Objective Of Information Technology Act

Institutions.

6. to give legal recognition for keeping Books of Accounts by Bankers in

electronic form

7. To make amendments in The Penal code , Indian Evidence Act,RBI Act,

so that the offences relating to documents and paper based transactions

are made equal to the offences in respect of transactions carried out

through the electronic media.

Definitions

Definitions of Some of the terms used in various sections of the Cyber law
is as follows:

1. Access : It means gaining entry in to. Instructing or communicating

with the logical , arithematical, or memory function resources of a
computer , computer system Or computer network. It also means an
opportunity or ability to enter, approach , pass to and from or
communicate with.

Addressee

Means a person who is intended by the originator to receive the

electronic record but does not include any intermediary.

Affixing digital signature means adoption of any methodology or

procedure by a person for the purpose of authenticating an electronic
record by means of digital signature.

Contd. Definitions

A symmetric Crypto System a system of secure key pair consisting of

private key for creating a digital signature and public key to verify the
digital signature.

Certifying Authority A person who has been granted a licence to issue

digital signature certificate under section24 of The Information Technology
Act 2000 .

Appropriate Government

Contd.

Appropriate Government :

The state Govt. will administer the Act in respect of 66 matters

enumerated in List II of the seventh Schedule..i.e the e-commerce
transaction between two parties who reside with in the same state will be
administered by the STATE Govt. The Central Govt. will administer the law
in respect of all other matters.

Defnition Contd

Digital Signature means authentication of any electronic record by a

subscriber by means of an electronic method or procedure in accordance
with the provisions of section 3 of the Act.

A digital signature can be used as a verification tool by any person who has got
access to users public key.
Electronic Form

Contd definitions

With reference to information,ELECTRONIC FORM means information

generated,sent, received, or stored in media, magnetic, optical, computer
memory, micro-film, or similar device.

Key pair
Information Technology Act recognises asymmetric crypto
system, where two separate keys are used to encrypt and decrypt data
respectively. Key pair , in an asymmetric crypto sytem, means

Key pair contd.

Private key and its mathematically related public key, which are so related that
the public key can verify a digital signature created by a private key..

Salient Features of Information Technology Act 2000

1. Electronic Governance.

The procedure to be followed for sending and receiving electronic records

are specified in sections 4 to 10 of chapter III of the Act.The time and the
place of the dispatch and receipt of the records are also specified in this
chapter.
(new) The Competition Act

The Competition Act 2003 & 2007

The Competition bill was passed by both the houses of Parliament in

December 2002, and The President of India give his assent on January
13,2003. and the Competition Act 2003 came in to being.

The New Act is more relevant to the current competitive environment in

which Indian Industries operates.

Objectives of the Competition Act

(a) To prevent practices having adverse effect on Competition.

(b) to promote and sustain competition in markets.

( c ) to protect the interests of the Consumers

( d ) to ensure freedom of trade carried on by other participants in

markets.

( e ) To establish a commission which shall be a nodal agency to oversee

the Administration of this legislation .

For this purpose the COMPETITION COMMISSION OF INDIA was

established (CCI)

Scope of the Act

The Competition Act 2002 extends extends to the whole of India except
the state of Jammu and Kashmir . It shall come in to force on such date as
the Central Government May notify in the Gazette.

Salient FEATURES

The Main focus of the competition Act,2002 is contained in section 3 to 6

of chapter 11 which deal with certain practices that have an adverse
effect on competition.

These practices have been described and defined as anti competitive

agreements .

PENALTIES UNDER The Competition Act

1. Contravention of orders of CCI

Section 42 of the Act, which was revised as Competition (Amendment)

Act 2007 , provides a harder penalty of not exceeding Rupees Ten lakhs or
imprisonment for a term for up to one year or both as per the jurisdiction
of the Civil Court.

2. Any person does not comply with the orders or directions issued, or fail
to pay the fine ,is punishable with imprisonment of up to three years.

Penalty for Non-furnishing Information (Notice) of Combination

The Commission (The Competition Commission of India) shall impose on

such person or enterprise a penalty which may extend to 1% of the total
turnover of the Assets of such combination

Penalty for making false statement Or Omission to furnish Material

information.

Such persons shall be liable to a penalty which shall be not less than Rs.
50 lakhs ,which may extend up to Rs. 1 crore.as may be determined by
the Commission. (CCI)

Penalty for offenses in relation to furnishing

of Information:

(Section 45) A penalty which may extend to Rs. 10 lakhs