Right to Information Act 2005

Democracy requires

An information citizenry

Transparency of information which are vital

to its functioning to contain corruption

To hold governments and their instrumentalities

accountable to the governed.
Aim and Objectives of RTI Act
Transparency & Accountability in the working of every
public authority

The right of any citizen of India to request access to

information and the corresponding duty of Govt. to meet
the request, except the exempted information (Sec. 8/9)

The duty of Govt. to pro-actively make available key

information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, media.

 What is a Public Authority ?
“Public Authority” means any authority or body or
institution established or constituted
By or under the constitution;
By any other law made by Parliament;
By any other law made by State Legislature;
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
Govt;
What does Right to Information mean
It includes the right to –
Inspect works, documents, records

Take notes, extracts or certified copes of documents or

records

Take certified samples of material

Obtain information in the form of printouts, diskettes,

floppies, tapes, video cassettes or in any other electronic
mode or through printouts {S.2(j)}
 What does information means ?
Did material held in any form including electronic :-

Records
Documents
Memos
Opinions & advices
Press releases
Circulars, orders & logbooks
Contracts
Reports, papers samples & models
 Coverage
RTI Act came into effect from 12th October’ 2005.

Covers central, state and local governments and all bodies

owned, controlled or substantially financed by the
respective Governments;
Non-government organization substantially financed
directly or indirectly by funds provided by the appropriate
government.
Executive, judiciary and legislature
Includes information relating to private body which can be
accessed by under any other law for the time being in
force.
 Obligations

Every public authority shall –

Maintain all its records duly catalogued and

indexed in a manner and the form which facilitates
the right to information under this Act.

Ensure that all records that are appropriate to be

computerized are within a reasonable time and
subject to availability of resources.
 What is not open to disclosure ?
The following information is exempted from disclosure
(S.8)
Which would prejudicially affect the sovereignty and
integrity of India.
Security, strategic, scientific or economic interests of the
State.
Relation with foreign State.
Lead to incitement of an offence.
Forbidden to be published by any court of law or tribunal or
the
Disclosure of which may constitute contempt of court ;
 What is not open to disclosure ?
Contd…..
Which would cause a breach of privilege of parliament or
the state legislature ?
Commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the
competitive position of a third party, competent authority if
satisfied that larger public interest is served can allow the
disclosure of such information;
Information available to a person in his fiduciary
relationship, competent authority if satisfied that the larger
public interest can allow the disclosure of such
information;
Information received in confidence from foreign
government.
 Types of issues that can be
solved using RTI.
For a legitimate work which is pending:
Issue of passport.
Decision by the administrative authority.
Faulty construction
Issue of any type of license.
Issue of various certificates of marriage, death, birth, SC/ST &
OBC etc.
Inclusion of name in voters’ list
Issue of Voter ID Card.
Correction of water, electricity, telephone bills, change of faulty
meter, providing new water or electricity connection, etc.
Filing of FIR.
Claiming various kinds of refunds or payments etc like tax
refund, medical reimbursement, provident Fund etc.
What is the Application procedure for
requesting information ?
Apply in writing or through electronic means in English or
Hindi or in the official language or the area, to the PIO,
specifying the particulars of the information sought for.

Reason for seeking information are not required to be

given;

Pay fees as may be prescribed (if not belonging to the

below poverty line category).
 Fees and Charges
Different reasons for which fee is payable are as
follows:
Application fee Rs. 10/- .
If information is required in electronic media – floppy / CD,
etc charges for the same.
Photocopy charges of Rs. 2/- per page.
Inspection charges of relevant files, documents and
records –
* No fee for first hour of inspection.
* Rs. 5 for every subsequent hour or fraction
thereof.
 Fees and Charges
Processing expenses incurred by the Public Information
officer to be intimated in writing.

Application can seek review of the decision on fees

charged by the PIO by applying to the appropriate
Appellate Authority;

No fees from people living below the poverty line.

Free of cost if the PIO fails to comply with the prescribed

time limit.
 Time limit to get the information

30 days if application is filed with the PIO.

35 days in case it is filed with the Assistant PIO.

48 hrs in case the matter to which the information pertains

affects the life and liberty of an individual.
 What is third Party ?

A third party means a person or public

authority who has given information to the
Government in confidence and for this the
third party has a right to be heard in case
such information is being divulged by the
CPIO / APIO to the applicant.
 Central Information Commission:
An autonomous body to inquire into complaints received
from citizens.
One can complain to the CIC if refused access to
information or how the public authority has handled your
requested, for instance;
Failure to respond to your request within 30 working days
or failure to explain why an extension is needed.
Failure to give you proper advice and help within the
stipulated time.
Failure to give information in the form in which you asked
for it.
Failure to properly explain reasons for refusing your
request, for instance if the public authority believes that
giving you information would harm a criminal
investigations.
 Information CIC needs

Name and address of the applicant.

Name and address of the Central Public Information.
Particulars of the order including number, if any, against
which the appeal is preferred;
Brief facts leading to the appeal.
If the appeal is preferred against deemed refusal, the
particulars of the application, including number and date
and name and address of the Central Public Information
Officer to whom the application was addressed;
Grounds for the prayer or relief.
Verification by the appellant and
Any other information which the Commission may deem
necessary for deciding the appeal.
 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.
However, no criminal liability.
Immunity for actions done in good faith(S.21).
 Recent Cases of Penalties

The Official, KD Bansor, the first Central Govt. official to

lose Rs. 12,500 from her salary for violations under the RTI
Act.
Fine deducted from salary in two months for denying
information and deposited with the Central Information
Commission.
Bansor, an under secretary and Tikam Singh, a Section
Officer of the National Commission for Scheduled Castes
and Schedule Tribes were fined Rs. 25,000, maximum
amount under RTI Act.
 Universal Access to Poor

No fee for BPL.

Reasonable other charges (quantum not specified)
Filling application / appeals to be facilitated by APIO at
sub-district levels.
No need to specify reason for seeking information or other
personal details.
Provision to provide all required assistance, including to
disable person.
Information to be provided in local languages.
Provision for damages.
Open only to citizens of India.
PIO / APIO & Appellate Authority
in DoT
Appellate Authority – Shri Kirthy Kumar, Deputy Director
General (Co-ordination & Administration) Room No. 307,
Sanchar Bhawan, 20 Ashoka Road, New Delhi-1.
Tel. No. 011- 2337246,23036881
Public Information Officer – Shri A.K.Biswas, Deputy
Secretary, (Co-ord.), Room No. 303, Sanchr Bhawan, 20
Ashoka Road, New Delhi-1.
Tel. No. 23036094
Assistant Public Information Officer- Shri Kshitij
Mohan,Under Secretary(Co-ord.), Room No. 512-A,
Sanchar Bhawan, 20 Ashoka Road, New Delhi-1
 CCA Offices

In the DoT Website most of the

information as per the Right to Information
Act, 2005 para 4(I)(b) is available however
whereas the role and responsibilities of all
wings in the Directorate are given in detail
along with the Telecom Engineering Centre
(TEC) there is no mention of the CCA Offices,
their role and functions.
 Disclosure of File Notings
The ongoing debate over disclosure of file notings ends.
The CIC, has made it clear that the file nothing may be
asked to be provided to information seekeers under the
Act.
The commission sternly directe4d DoP & DoT to “
Suitably amend its website” in a month and remove all
such instructions which were contrary to CIC’s earlier
decisions pertaining to disclosure of file notings.

The order dated 29th Jan’2007 came on an appeal filed

by one Pyare Lal Verma who was denied disclosure of
certain file nothing by the railways on the ground that as
per the DoP & DoT website such nothings cannot be
acceded to under the act.
 Combination of intimidation and
mindless application of RTI
A farmer in Chattisgarh given a bill of Rs.
1,82,000(Costs incurred for photocopying the
official documents relating to the purchases on
paddy in his area)

A residence of Bilaspur district, Chattisgarh was

told to pay Rs. 75,000 for information on the
position available for school teachers.
 RTI success stories
Citizen uses RTI to get elusive pension.
Using RTI to Pull up Fair Price Shops in Kalol Taluka of
Gujarat.
Right to Information- Is Media Playing its Role?
Citizen uses RTI for getting Municipality its dues from
Government.
Citizen uses RTI to make the administration work according
to Rule.
Official fined Rs. 18,000 under Info Act.
Rajasthan villagers use RTI to end woes.
Pune Municipal Corporation uses RTI Act to obtain info from
ST Department.
Official fined Rs. 40,000 under RTI Act by CIC, Chattisgarh.
RTI revives Panchayat Social Justice Committees in Gujarat.
 Animesh Kumar

B.A.LL.B. (H)

Amity Law School, Lucknow