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A
GUIDE TO
THE
RIGHT TO INFORMATION ACT, 2005
The RTI Act has created a
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 and
also to contain corruption.
Scope of the Act
The Act covers
the whole of India except
Jammu and Kashmir.
It is applicable 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. Bodies or authorities
established or constituted by order or notification of appropriate government
including bodies "owned, controlled or substantially financed" by government,
or Non-Government Organizations (NGOs) "substantially financed, directly or
indirectly by funds" provided by the government are also covered in the Act's
ambit.
Private bodies
are not within the Act's ambit directly. However, information that can be
accessed under any other law in force by a public authority can also be
requested for.
The Act is not
applicable to intelligence and security organisations, except in case of
allegations of violation of human rights and corruption.
The Act
requires every Public Authority to maintain all its records duly catalogued and
indexed in a manner and the form which facilitates the right to information and
ensure that all records that are appropriate to be computerised are, within a
reasonable time and subject to availability of resources, computerised and
connected through a network all over the country on different systems so that
access to such records is facilitated.
The Act
further casts a duty upon the public authority to take steps to provide
as much information suo motu to the public through various means of
communications so that the public has to take minimum resort to this Act to
obtain information.
Application
For Central
Government Departments, there is no form. You can apply on a plain sheet of
paper like an ordinary application. However, many states and some ministries
and departments have prescribed formats. You can apply in these formats
alongwith the payment of requisite fees.
The
application under the Act is filed with the Public Information Officer (PIO)
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.
No reasons or
additional information other than your contact details (i.e., Name, Address,
and Phone No.) is required to be given. The PIO cannot refuse to accept your
application asking for information under any circumstances. Even if the
information does not pertain to his/her department/jurisdiction, s/he has to
accept it. If the application does not pertain to that PIO, s/he would have to
transfer it to the right PIO within 5 days.
In case
you do not receive information or are dissatisfied with the information
received, there is a provision to file an appeal also.
It would be
best to long on to the website of the authority concerned. All authorities are
required to disclose the process of applying under the RTI Act as well as the
PIOs for their different departments on their website. A list of the same can
also be accessed at the website of the Central Information Commission,
www.cic.gov.in. This website also gives very useful
links to other authorities and to various aspects related to the RTI Act.
Information that can be requested
Once
you have identified which body you think holds the information you want to
request and who you will need to send an
application
to, you will need to think more carefully about exactly what information you
want to access from the relevant public authority.
Under the Act,
information is very broadly defined. You can request a wide range of
information in a various formats including:
-
Obtaining information in
the form of floppies, diskettes, tapes, video tapes, tapes or any other
electronic mode.
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Obtaining certified
copies of documents or records;
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Inspecting records;
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Taking notes and
extracts;
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Inspecting public works;
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Taking samples of
material from public works;
Not
all State laws allow the public to access the same type of information. For
example, under Delhi law, citizens have the right to inspect any Government
work or take a sample of material of any work. In Delhi, the provision allowing
the inspection of works and taking samples has already been used to great
effect to enable people to access information about whether government and the
contractors it employs are properly undertaking public works.
You
need to specify the actual "information" you are after and avoid any vagueness
or ambiguity. You do not want to give officials an excuse for rejecting your
application. You will need to be as specific as possible and think about
whether you can limit your search by date, by area and/or by amount.
Obligations of the public authority
To
publish :-
i.
the particulars of
its organization, functions and duties;
ii.
the powers and duties
of its officers and employees;
iii.
the procedure
followed in its decision making process, including channels of supervision and
accountability;
iv.
the norms set by it
for the discharge of its functions;
v.
the rules,
regulations, instructions, manuals and records used by its employees for
discharging its functions;
vi.
a statement of the
categories of the documents held by it or under its control;
vii.
the particulars of
any arrangement that exists for consultation with, or representation by the
members of the public, in relation to the formulation of policy or
implementation thereof;
viii.
a statement of the
boards, councils, committees and other bodies consisting of two or more persons
constituted by it. Additionally, information as to whether the meetings of
these are open to the public, or the minutes' of such meetings are accessible
to the public;
ix.
a directory of its
officers and employees;
x.
the monthly
remuneration received by each of its officers and employees, including the
system of compensation as provided in its regulations;
xi.
the budget allocated
to each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made;
xii.
the manner of
execution of subsidy programmes, including the amounts allocated and the
details and beneficiaries of such programmes;
xiii.
particulars of
recipients of concessions, permits or authorizations granted by it;
xiv.
details of the
information available to, or held by it, reduced in an electronic form;
xv.
the particulars of
facilities available to citizens for obtaining information, including the
working hours of a library or reading room, if maintained for public use;
xvi.
the names,
designations and other particulars of the Public Information
Officers.[S.4(1)(b)]
Duties of a PIO?
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PIO 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.
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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.
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PIO may seek the
assistance of any other officer for the proper discharge of his/her duties.
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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.
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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.
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If the PIO fails to give
decision on the request within the period specified, he shall be deemed to have
refused the request.
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Where a request has been
rejected, the PIO shall communicate to the requester - (i) the reasons for such
rejection, (ii) the period within which an appeal against such rejection may be
preferred, and (iii) the particulars of the Appellate Authority.
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PIO shall provide
information in the form in which it is sought unless it would
disproportionately divert the resources of the Public Authority or would be
detrimental to the safety or preservation of the record in question.
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If allowing partial
access, the PIO shall give a notice to the applicant, informing:
a.
the reasons for the
decision, including any findings on any material question of
fact, referring to the material on which those findings were based;
b.
the name and
designation of the person giving the decision;
c.
the details of the
fees calculated by him or her and the amount of fee which the applicant is
required to deposit; and
d.
his or her rights
with respect to review of the decision regarding non-disclosure of part of the
information, the amount of fee charged or the form of access provided.
·
If information sought has been supplied by third party or is treated as
confidential by that third party, the PIO shall give a written notice to the
third party within 5 days from the receipt of the request and take its
representation into consideration.
·
Third party must be given a chance to make a representation before the PIO
within 10 days from the date of receipt of such notice.
Information which is barred
The following is exempt from disclosure [S.8)]
-
information, 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
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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;
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information, the
disclosure of which would cause a breach of privilege of Parliament or the
State Legislature;
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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;
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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;
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information received in
confidence from foreign Government;
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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;
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information which would
impede the process of investigation or apprehension or prosecution of
offenders;
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cabinet papers including
records of deliberations of the Council of Ministers, Secretaries and other
officers;
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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;
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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.
Partial Disclosure
Only that
part of the record which does not contain any information which is exempt from
disclosure and which can reasonably be severed from any part that contains
exempt information, may be provided. [S.10]
Excluded Authorities
Central
Intelligence and Security agencies specified in the Second Schedule like IB,
R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence
Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research
Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles,
Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime
Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police.
Agencies specified by the State Governments through a Notification will also be
excluded. The exclusion, however, is not absolute and these organizations have
an obligation to provide information pertaining to allegations of corruption
and human rights violations. Further, information relating to allegations of
human rights valuations could be given but only with the approval of the
Central or State Information Commission, as the case may be. [S.24)]
Application Procedure
Apply
in writing or through electronic means in English or Hindi or in the official
language of the area, to the PIO, specifying the particulars of the information
sought for.
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Reason for seeking
information are not required to be given;
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Pay fees as may be
prescribed (if not belonging to the below poverty line category).
Time limit to get the information
30 days from
the date of application
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48 hours for information
concerning the life and liberty of a person
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5 days shall be added to
the above response time, in case the application for information is given to
Assistant Public Information Officer.
-
If the interests of a
third party are involved then time limit will be 40 days (maximum period + time
given to the party to make representation).
-
Failure to
provide information within the specified period is a deemed refusal.
Fee
1.
Application fees to
be prescribed which must be reasonable.
2.
If further fees are
required, then the same must be intimated in writing with calculation details
of how the figure was arrived at;
3.
Applicant can seek
review of the decision on fees charged by the PIO by applying to the
appropriate Appellate Authority;
4.
No fees will be
charged from people living below the poverty line
5.
Applicant must be
provided information free of cost if the PIO fails to comply with the
prescribed time limit.
Ground for rejection
-
If it is covered by
exemption from disclosure. (S.8)
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If it infringes
copyright of any person other than the State. (S.9)
Powers and functions of Information Commissions
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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.
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Power to order inquiry if
there are reasonable grounds.
CIC/SCIC 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)
requisitioning 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.
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All records covered by
this law (including those covered by exemptions) must be given to CIC/SCIC
during inquiry for examination.
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Power to secure
compliance of its decisions from the Public Authority includes-
a)
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)
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