| RTI Right to
Information Act is a bill legislated in 2005 that allows any citizen
to get any information from any government ministry/department,
at cost of few rupees through questions asked through an application.
Any citizen can file an RTI application by sending it to designated
PIO (Public Information Officer). Alternatively RTI application
can be submitted at designated post offices, called APIO, by paying
requisite fees and these post offices would send RTI applications
to appropriate PIO.
Government Departments are required to appoint existing officers
as Public Information Officers (PIOs). The public information
officer is required by law to provide information within 30 days
of receiving application.
Right to Information Act 2005 empowers every citizen to ask any
question from government, get copies of government documents and
inspect government works.
PIO can refuse information on 11 subjects that are listed in section
8 of the RTI Act. These include information received in confidence
from foreign governments, information prejudicial to security,
strategic, scientific or economic interests of the country, breach
of privilege of legislatures, etc.
In case information is not received, first appeal can be made
to first appellate authority designated by PIO within 60 day of
filing application. In case information is not received after
first appeal, you can apply to State Information Commission or
Central Information Commission.
Statistics
RTI stands for Right to Information. Right to Information is
a part of fundamental rights under Article 19(1) of the Constitution.
Article 19 (1) says that every citizen has freedom of speech and
expression. As early as in 1976, the Supreme Court said in the
case of Raj Narain vs State of UP that people cannot speak or
express themselves unless they know.
The whole movement for RTI began in Rajasthan with MKSS (Mazdoor
Kisan Shakti Sanghatana) and Aruna Roy agitating for minimum wages
in the mid 1990s. Many states passed RTI acts of their own in
1990s such as Tamil Nadu in 1997 and Goa in 1997. In fact before
Central Act in 2005, 9 states had enacted RTI act of their own.
When Aruna Roy became part of National Advisory Council in 2004,
she led a movement for enactment of RTI in centre and the law
was passed in 2005. This law supersedes state RTI acts. Arvind
Kejriwal, was also involved in lobbying for and campaigning for
RTI act being passed.
RTI is being very widely used in the nation. It is estimated
that 30 lakh RTI applications are filed annually. Of these 30
lakh applications, 6 lakh RTI applications are filed with Central
Government Ministries and Departments and remaining are filed
with State Government Ministries and Departments.
Almost 100,000 appeals were filed with Information Commissions
(Central and State). It is estimated that in 70% of the appeals,
Information Commission has directed, that information be provided
and in 28 out of 70 cases information sought was provided.
Legal Position
Right to Information Act was enacted in 2005 at Centre. All government
departments are required to designate a Public Information Officer,
who is required to provide any information required by any citizen
who makes proper application, within 30 days of filing the application.
The Central Right to Information Act came into force on the 12th
October, 2005. However, before that 9 state Governments had passed
state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh,
Maharashtra, Karnataka, Tamil Nadu, Assam & Goa
The Central RTI Act extends to the whole of India except the State
of Jammu and Kashmir. All bodies, which are constituted under
the Constitution or under any law or under any Government notification
or all bodies, including NGOs, which are owned, controlled or
substantially financed by the Government are covered. This is
neither defined under RTI Act nor under any other Act. So, this
issue will evolve with time, maybe through some court orders etc.
All private bodies, which are owned, controlled or substantially
financed by the Government are directly covered. Others are indirectly
covered. That is, if a government department can access information
from any private body under any other Act, the same can be accessed
by the citizen under the RTI Act through that government department.
No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would
over ride all existing Acts including Officials Secrets Act.
RTI : Act
THE RIGHT TO INFORMATION ACT, 2005
No. 22 of 2005
[15th June, 2005]
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.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency
of information which are vital to its functioning and also to
contain corruption and to hold Governments and their instrumentalities
accountable to the governed;
And whereas revelation of information in actual practice is likely
to conflict with other public interests including efficient operations
of the Governments, optimum use of limited fiscal resources and
the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests
while preserving the paramountcy of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain
information to citizens who desire to have it.
Be it enacted by Parliament in the Fifty-sixth Year of the Republic
of India as follows:—
CHAPTER I
Preliminary
1 (1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu
and Kashmir.
(3) The provisions of sub-section (1) of section 4, sub-sections
(1) and (2) of section 5, sections 12, 13, 15,16, 24 , 27 and
28 shall come into force at once, and the remaining provisions
of this Act shall come into force on the one hundred and twentieth
day of its enactment.
2 In this Act, unless the context otherwise requires,—
(a) "appropriate Government" means in relation to a
public authority which is established, constituted, owned, controlled
or substantially financed by funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration,
the Central Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central
Information Commission constituted under sub-section (1) of section
12;
(c) "Central Public Information Officer" means the Central
Public Information Officer designated under sub-section (1) and
includes a Central Assistant Public Information Officer designated
as such under sub-section (2) of section 5;
(d) "Chief Information Commissioner" and "Information
Commissioner" mean the Chief Information Commissioner and
Information Commissioner appointed under sub-section (3) of section
12;
(e) "competent authority" means—
(i) the Speaker in the case of the House of the People or the
Legislative Assembly of a State or a Union territory having such
Assembly and the Chairman in the case of the Council of States
or Legislative Council of a State;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High
Court;
(iv) the President or the Governor, as the case may be, in the
case of other authorities established or constituted by or under
the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(f) "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 and information
relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
(g) "prescribed" means prescribed by rules made under
this Act by the appropriate Government or the competent authority,
as the case may be;
(h) "public authority" means any authority or body or
institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) 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 Government;
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and
(d) any other material produced by a computer or any other device;
(j) "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—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or
records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic mode or through
printouts where such information is stored in a computer or in
any other device;
(k) "State Information Commission" means the State Information
Commission constituted under sub-section (1) of section 15;
(l) "State Chief Information Commissioner" and "State
Information Commissioner" mean the State Chief Information
Commissioner and the State Information Commissioner appointed
under sub-section (3) of section 15;
(m) "State Public Information Officer" means the State
Public Information Officer designated under sub-section (1) and
includes a State Assistant Public Information Officer designated
as such under sub-section (2) of section 5;
(n) "third party" means a person other than the citizen
making a request for information and includes a public authority.
CHAPTER II
Right to information and obligations of public authorities
3 Subject to the provisions of this Act, all citizens shall have
the right to information.
4 (1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information
under this Act 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;
(b) publish within one hundred and twenty days from the enactment
of this Act,—
(i)
the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the 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,
held by it or under its control or used by its employees for discharging
its functions;
(vi) a statement of the categories of documents that are 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 its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its part
or for the purpose of its advice, and as to whether meetings of
those boards, councils, committees and other bodies are open to
the public, or the minutes of such meetings are accessible for
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 of beneficiaries of such
programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect 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;
(xvii) such other information as may be prescribed and thereafter
update these publications every year;
(c) publish all relevant facts while formulating important policies
or announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions
to affected persons.
(2) It shall be a constant endeavour of every public authority
to take steps in accordance with the requirements of clause (b)
of sub-section (1) to provide as much information suo motu to
the public at regular intervals through various means of communications,
including internet, so that the public have minimum resort to
the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall
be disseminated widely and in such form and manner which is easily
accessible to the public.
(4) All materials shall be disseminated taking into consideration
the cost effectiveness, local language and the most effective
method of communication in that local area and the information
should be easily accessible, to the extent possible in electronic
format with the Central Public Information Officer or State Public
Information Officer, as the case may be, available free or at
such cost of the medium or the print cost price as may be prescribed.
Explanation.—For the purposes of sub-sections (3) and (4),
"disseminated" means making known or communicated the
information to the public through notice boards, newspapers, public
announcements, media broadcasts, the internet or any other means,
including inspection of offices of any public authority.
5 (1) Every public authority shall, within one hundred days of
the enactment of this Act, designate as many officers as the Central
Public Information Officers or State Public Information Officers,
as the case may be, in all administrative units or offices under
it as may be necessary to provide information to persons requesting
for the information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every
public authority shall designate an officer, within one hundred
days of the enactment of this Act, at each sub-divisional level
or other sub-district level as a Central Assistant Public Information
Officer or a State Assistant Public Information Officer, as the
case may be, to receive the applications for information or appeals
under this Act for forwarding the same forthwith to the Central
Public Information Officer or the State Public Information Officer
or senior officer specified under sub-section (1) of section 19
or the Central Information Commission or the State Information
Commission, as the case may be:
Provided that where an application for information or appeal is
given to a Central Assistant Public Information Officer or a State
Assistant Public Information Officer, as the case may be, a period
of five days shall be added in computing the period for response
specified under sub-section (1) of section 7.
(3) Every Central Public Information Officer or State Public Information
Officer, as the case may be, shall deal with requests from persons
seeking information and render reasonable assistance to the persons
seeking such information.
(4) The Central Public Information Officer or State Public Information
Officer, as the case may be, may seek the assistance of any other
officer as he or she considers it necessary for the proper discharge
of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section
(4), shall render all assistance to the Central Public Information
Officer or State Public Information Officer, as the case may be,
seeking his or her assistance and for the purposes of any contravention
of the provisions of this Act, such other officer shall be treated
as a Central Public Information Officer or State Public Information
Officer, as the case may be.
6 (1) A person, who desires to obtain any information under this
Act, shall make a request in writing or through electronic means
in English or Hindi or in the official language of the area in
which the application is being made, accompanying such fee as
may be prescribed, to—
(a) the Central Public Information Officer or State Public Information
Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State
Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or
her:
Provided that where such request cannot be made in writing, the
Central Public Information Officer or State Public Information
Officer, as the case may be, shall render all reasonable assistance
to the person making the request orally to reduce the same in
writing.
(2) An applicant making request for information shall not be required
to give any reason for requesting the information or any other
personal details except those that may be necessary for contacting
him.
(3) Where an application is made to a public authority requesting
for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with
the functions of another public authority,
the public authority, to which such application is made, shall
transfer the application or such part of it as may be appropriate
to that other public authority and inform the applicant immediately
about such transfer:
Provided that the transfer of an application pursuant to this
sub-section shall be made as soon as practicable but in no case
later than five days from the date of receipt of the application.
7 (1) Subject to the proviso to sub-section (2) of section 5 or
the proviso to sub-section (3) of section 6, the Central Public
Information Officer or State Public Information Officer, as the
case may be, on receipt of a request under section 6 shall, as
expeditiously as possible, and in any case within thirty 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 sections 8 and 9:
Provided that where the information sought for concerns the life
or liberty of a person, the same shall be provided within forty-eight
hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public
Information Officer, as the case may be, fails to give decision
on the request for information within the period specified under
sub-section (1), the Central Public Information Officer or State
Public Information Officer, as the case may be, shall be deemed
to have refused the request.
(3) Where a decision is taken to provide the information on payment
of any further fee representing the cost of providing the information,
the Central Public Information Officer or State Public Information
Officer, as the case may be, shall send an intimation to the person
making the request, giving—
(a) the details of further fees representing the cost of providing
the information as determined by him, together with the calculations
made to arrive at the amount in accordance with fee prescribed
under sub-section (1), requesting him to deposit that fees, and
the period intervening between the despatch of the said intimation
and payment of fees shall be excluded for the purpose of calculating
the period of thirty days referred to in that sub-section;
(b) information concerning his or her right with respect to review
the decision as to the amount of fees charged or the form of access
provided, including the particulars of the appellate authority,
time limit, process and any other forms.
(4) Where access to the record or a part thereof is required to
be provided under this Act and the person to whom access is to
be provided is sensorily disabled, the Central Public Information
Officer or State Public Information Officer, as the case may be,
shall provide assistance to enable access to the information,
including providing such assistance as may be appropriate for
the inspection.
(5) Where access to information is to be provided in the printed
or in any electronic format, the applicant shall, subject to the
provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section
6 and sub-sections (1) and (5) of section 7 shall be reasonable
and no such fee shall be charged from the persons who are of below
poverty line as may be determined by the appropriate Government.
(6) Notwithstanding anything contained in sub-section (5), the
person making
request for the information shall be provided the information
free of charge where a public authority fails to comply with the
time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central
Public Information Officer or State Public Information Officer,
as the case may be, shall take into consideration the representation
made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the
Central Public Information Officer or State Public Information
Officer, as the case may be, shall communicate to the person making
the request,—
(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.
(9) An information shall ordinarily be provided 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.
8 (1) Notwithstanding anything contained in this Act, there shall
be no obligation to give any citizen,—
(a) 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;
(b) 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;
(c) information, the disclosure of which would cause a breach
of privilege of Parliament or the State Legislature;
(d) 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;
(e) 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;
(f) information received in confidence from foreign Government;
(g) 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;
(h) information which would impede the process of investigation
or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council
of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons
thereof, and the material on the basis of which the decisions
were taken shall be made public after the decision has been taken,
and the matter is complete, or over:
Provided further that those matters which come under the exemptions
specified in this section shall not be disclosed;
(j) 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 unless the Central Public Information Officer or the
State Public Information Officer or the appellate authority, as
the case may be, is satisfied that the larger public interest
justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament
or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923
nor any of the exemptions permissible in accordance with sub-section
(1), a public authority may allow access to information, if public
interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section
(1), any information relating to any occurrence, event or matter
which has taken place, occurred or happened twenty years before
the date on which any request is made under secton 6 shall be
provided to any person making a request under that section:
Provided that where any question arises as to the date from which
the said period of twenty years has to be computed, the decision
of the Central Government shall be final, subject to the usual
appeals provided for in this Act.
9 Without prejudice to the provisions of section 8, a Central
Public Information Officer or a State Public Information Officer,
as the case may be, may reject a request for information where
such a request for providing access would involve an infringement
of copyright subsisting in a person other than the State.
10 (1) Where a request for access to information is rejected on
the ground that it is in relation to information which is exempt
from disclosure, then, notwithstanding anything contained in this
Act, access may be provided to that part of the record which does
not contain any information which is exempt from disclosure under
this Act and which can reasonably be severed from any part that
contains exempt information.
(2) Where access is granted to a part of the record under sub-section
(1), the Central Public Information Officer or State Public Information
Officer, as the case may be, shall give a notice to the applicant,
informing—
(a) that only part of the record requested, after severance of
the record containing information which is exempt from disclosure,
is being provided;
(b) the reasons for the decision, including any findings on any
material question of fact, referring to the material on which
those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount
of fee which the applicant is required to deposit; and
(e) 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, including the particulars of the
senior officer specified under sub-section (1) of section 19 or
the Central Information Commission or the State Information Commission,
as the case may be, time limit, process and any other form of
access.
11 (1) Where a Central Public Information Officer or a State Public
Information Officer, as the case may be, intends to disclose any
information or record, or part thereof on a request made under
this Act, which relates to or has been supplied by a third party
and has been treated as confidential by that third party, the
Central Public Information Officer or State Public Information
Officer, as the case may be, shall, within five days from the
receipt of the request, give a written notice to such third party
of the request and of the fact that the Central Public Information
Officer or State Public Information Officer, as the case may be,
intends to disclose the information or record, or part thereof,
and invite the third party to make a submission in writing or
orally, regarding whether the information should be disclosed,
and such submission of the third party shall be kept in view while
taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets
protected by law, disclosure may be allowed if the public interest
in disclosure outweighs in importance any possible harm or injury
to the interests of such third party.
(2) Where a notice is served by the Central Public Information
Officer or State Public Information Officer, as the case may be,
under sub-section (1) to a third party in respect of any information
or record or part thereof, the third party shall, within ten days
from the date of receipt of such notice, be given the opportunity
to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central
Public Information Officer or State Public Information Officer,
as the case may be, shall, within forty days after receipt of
the request under section 6, if the third party has been given
an opportunity to make representation under sub-section (2), make
a decision as to whether or not to disclose the information or
record or part thereof and give in writing the notice of his decision
to the third party.
(4) A notice given under sub-section (3) shall include a statement
that the third party to whom the notice is given is entitled to
prefer an appeal under section 19 against the decision.
CHAPTER III
The Central Information Commission
12 (1) The Central Government shall, by notification in the Official
Gazette, constitute a body to be known as the Central Information
Commission to exercise the powers conferred on, and to perform
the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding
ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners
shall be appointed by the President on the recommendation of a
committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is
hereby declared that where the Leader of Opposition in the House
of the People has not been recognised as such, the Leader of the
single largest group in opposition of the Government in the House
of the People shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the
affairs of the Central Information Commission shall vest in the
Chief Information Commissioner who shall be assisted by the Information
Commissioners and may exercise all such powers and do all such
acts and things which may be exercised or done by the Central
Information Commission autonomously without being subjected to
directions by any other authority under this Act.
(5) The Chief Information Commissioner and Information Commissioners
shall be persons of eminence in public life with wide knowledge
and experience in law, science and technology, social service,
management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner
shall not be a Member of Parliament or Member of the Legislature
of any State or Union territory, as the case may be, or hold any
other office of profit or connected with any political party or
carrying on any business or pursuing any profession.
(7) The headquarters of the Central Information Commission shall
be at Delhi and the Central Information Commission may, with the
previous approval of the Central Government, establish offices
at other places in India.
13 (1) The Chief Information Commissioner shall hold office for
a term of five years from the date on which he enters upon his
office and shall not be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office
as such after he has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term
of five years from the date on which he enters upon his office
or till he attains the age of sixty-five years, whichever is earlier,
and shall not be eligible for reappointment as such Information
Commissioner:
Provided that every Information Commissioner shall, on vacating
his office under this sub-section be eligible for appointment
as the Chief Information Commissioner in the manner specified
in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed
as the Chief Information Commissioner, his term of office shall
not be more than five years in aggregate as the Information Commissioner
and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner
shall before he enters upon his office make and subscribe before
the President or some other person appointed by him in that behalf,
an oath or affirmation according to the form set out for the purpose
in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner
may, at any time, by writing under his hand addressed to the President,
resign from his office:
Provided that the Chief Information Commissioner or an Information
Commissioner may be removed in the manner specified under section
14.
(5) The salaries and allowances payable to and other terms and
conditions of service of —
(a) the Chief Information Commissioner shall be the same as that
of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an
Election Commissioner:
Provided that if the Chief Information Commissioner or an Information
Commissioner, at the time of his appointment is, in receipt of
a pension, other than a disability or wound pension, in respect
of any previous service under the Government of India or under
the Government of a State, his salary in respect of the service
as the Chief Information Commissioner or an Information Commissioner
shall be reduced by the amount of that pension including any portion
of pension which was commuted and pension equivalent of other
forms of retirement benefits excluding pension equivalent of retirement
gratuity:
Provided further that if the Chief Information Commissioner or
an Information Commissioner if, at the time of his appointment
is, in receipt of retirement benefits in respect of any previous
service rendered in a Corporation established by or under any
Central Act or State Act or a Government company owned or controlled
by the Central Government or the State Government, his salary
in respect of the service as the Chief Information Commissioner
or an Information Commissioner shall be reduced by the amount
of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions
of service of the Chief Information Commissioner and the Information
Commissioners shall not be varied to their disadvantage after
their appointment.
(6) The Central Government shall provide the Chief Information
Commissioner and the Information Commissioners with such officers
and employees as may be necessary for the efficient performance
of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers
and other employees appointed for the purpose of this Act shall
be such as may be prescribed.
14 (1) Subject to the provisions of sub-section (3), the Chief
Information Commissioner or any Information Commissioner shall
be removed from his office only by order of the President on the
ground of proved misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the President, has, on inquiry,
reported that the Chief Information Commissioner or any Information
Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the Chief
Information Commissioner or Information Commissioner in respect
of whom a reference has been made to the Supreme Court under sub-section
(1) until the President has passed orders on receipt of the report
of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the
President may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the Chief Information
Commissioner or a Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of
the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside
the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in
office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely
to affect prejudicially his functions as the Chief Information
Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner
in any way, concerned or interested in any contract or agreement
made by or on behalf of the Government of India or participates
in any way in the profit thereof or in any benefit or emolument
arising there from otherwise than as a member and in common with
the other members of an incorporated company, he shall, for the
purposes of sub-section (1), be deemed to be guilty of misbehavior.
CHAPTER IV
The State Information Commission
15 (1) Every State Government shall, by notification in the Official
Gazette, constitute a body to be known as the ......... (name
of the State) Information Commission to exercise the powers conferred
on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding
ten, as may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is
hereby declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the
affairs of the State Information Commission shall vest in the
State Chief Information Commissioner who shall be assisted by
the State Information Commissioners and may exercise all such
powers and do all such acts and things which may be exercised
or done by the State Information Commission autonomously without
being subjected to directions by any other authority under this
Act.
(5) The State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with
wide knowledge and experience in law, science and technology,
social service, management, journalism, mass media or administration
and governance.
(6) The State Chief Information Commissioner or a State Information
Commissioner shall not be a Member of Parliament or Member of
the Legislature of any State or Union territory, as the case may
be, or hold any other office of profit or connected with any political
party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall
be at such place in the State as the State Government may, by
notification in the Official Gazette, specify and the State Information
Commission may, with the previous approval of the State Government,
establish offices at other places in the State.
16 (1) The State Chief Information Commissioner shall hold office
for a term of five years from the date on which he enters upon
his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold
office as such after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for
a term of five years from the date on which he enters upon his
office or till he attains the age of sixty-five years, whichever
is earlier, and shall not be eligible for reappointment as such
State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating
his office under this sub-section, be eligible for appointment
as the State Chief Information Commissioner in the manner specified
in sub-section (3) of section 15:
Provided further that where the State Information Commissioner
is appointed as the State Chief Information Commissioner, his
term of office shall not be more than five years in aggregate
as the State Information Commissioner and the State Chief Information
Commissioner.
(3) The State Chief Information Commissioner or a State Information
Commissioner, shall before he enters upon his office make and
subscribe before the Governor or some other person appointed by
him in that behalf, an oath or affirmation according to the form
set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information
Commissioner may, at any time, by writing under his hand addressed
to the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State
Information Commissioner may be removed in the manner specified
under section 17.
(5) The salaries and allowances payable to and other terms and
conditions of service of—
(a) the State Chief Information Commissioner shall be the same
as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that
of the Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a
State Information Commissioner, at the time of his appointment
is, in receipt of a pension, other than a disability or wound
pension, in respect of any previous service under the Government
of India or under the Government of a State, his salary in respect
of the service as the State Chief Information Commissioner or
a State Information Commissioner shall be reduced by the amount
of that pension including any portion of pension which was commuted
and pension equivalent of other forms of retirement benefits excluding
pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner
or a State Information Commissioner if, at the time of his appointment
is, in receipt of retirement benefits in respect of any previous
service rendered in a Corporation established by or under any
Central Act or State Act or a Government company owned or controlled
by the Central Government or the State Government, his salary
in respect of the service as the State Chief Information Commissioner
or the State Information Commissioner shall be reduced by the
amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions
of service of the State Chief Information Commissioner and the
State Information Commissioners shall not be varied to their disadvantage
after their appointment.
(6) The State Government shall provide the State Chief Information
Commissioner and the State Information Commissioners with such
officers and employees as may be necessary for the efficient performance
of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers
and other employees appointed for the purpose of this Act shall
be such as may be prescribed.
17 (1) Subject to the provisions of sub-section (3), the State
Chief Information Commissioner or a State Information Commissioner
shall be removed from his office only by order of the Governor
on the ground of proved misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the Governor, has on inquiry,
reported that the State Chief Information Commissioner or a State
Information Commissioner, as the case may be, ought on such ground
be removed.
(2) The Governor may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the State
Chief Information Commissioner or a State Information Commissioner
in respect of whom a reference has been made to the Supreme Court
under sub-section (1) until the Governor has passed orders on
receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the
Governor may by order remove from office the State Chief Information
Commissioner or a State Information Commissioner if a State Chief
Information Commissioner or a State Information Commissioner,
as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of
the Governor, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside
the duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office
by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely
to affect prejudicially his functions as the State Chief Information
Commissioner or a State Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information
Commissioner in any way, concerned or interested in any contract
or agreement made by or on behalf of the Government of the State
or participates in any way in the profit thereof or in any benefit
or emoluments arising therefrom otherwise than as a member and
in common with the other members of an incorporated company, he
shall, for the purposes of sub-section (1), be deemed to be guilty
of misbehaviour.
CHAPTER V
Powers and functions of the Information Commissions,
appeal and penalties
18 (1) Subject to the provisions of this Act, it shall be the
duty of the Central Information Commission or State Information
Commission, as the case may be, to receive and inquire into a
complaint from any person,—
(a) who has been unable to submit a request to a Central Public
Information Officer or State Public Information Officer, as the
case may be, either by reason that no such officer has been appointed
under this Act, or because the Central Assistant Public Information
Officer or State Assistant Public Information Officer, as the
case may be, has refused to accept his or her application for
information or appeal under this Act for forwarding the same to
the Central Public Information Officer or State Public Information
Officer or senior officer specified in sub-section (1) of section
19 or the Central Information Commission or the State Information
Commission, as the case may be;
(b) who has been refused access to any information requested under
this Act;
(c) who has not been given a response to a request for information
or access to information within the time limit specified under
this Act;
(d) who has been required to pay an amount of fee which he or
she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading
or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining
access to records under this Act.
(2) Where the Central Information Commission or State Information
Commission, as the case may be, is satisfied that there are reasonable
grounds to inquire into the matter, it may initiate an inquiry
in respect thereof.
(3) The Central Information Commission or State Information Commission,
as the case may be, shall, while inquiring into any matter under
this section, have the same powers as are vested in a civil court
while trying a suit under the Code of Civil Procedure, 1908, in
respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel
them to give oral or written evidence on oath and to produce the
documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or documents;
and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other
Act of Parliament or State Legislature, as the case may be, the
Central Information Commission or the State Information Commission,
as the case may be, may, during the inquiry of any complaint under
this Act, examine any record to which this Act applies which is
under the control of the public authority, and no such record
may be withheld from it on any grounds.
19 (1) Any person who, does not receive a decision within the
time specified in sub-section (1) or clause (a) of sub-section
(3) of section 7, or is aggrieved by a decision of the Central
Public Information Officer or State Public Information Officer,
as the case may be, may within thirty days from the expiry of
such period or from the receipt of such a decision prefer an appeal
to such officer who is senior in rank to the Central Public Information
Officer or State Public Information Officer as the case may be,
in each public authority:
Provided that such officer may admit the appeal after the expiry
of the period of thirty days if he or she is satisfied that the
appellant was prevented by sufficient cause from filing the appeal
in time.
(2) Where an appeal is preferred against an order made by a Central
Public Information Officer or a State Public Information Officer,
as the case may be, under section 11 to disclose third party information,
the appeal by the concerned third party shall be made within thirty
days from the date of the order.
(3) A second appeal against the decision under sub-section (1)
shall lie within ninety days from the date on which the decision
should have been made or was actually received, with the Central
Information Commission or the State Information Commission:
Provided that the Central Information Commission or the State
Information Commission, as the case may be, may admit the appeal
after the expiry of the period of ninety days if it is satisfied
that the appellant was prevented by sufficient cause from filing
the appeal in time.
(4) If the decision of the Central Public Information Officer
or State Public Information Officer, as the case may be, against
which an appeal is preferred relates to information of a third
party, the Central Information Commission or State Information
Commission, as the case may be, shall give a reasonable opportunity
of being heard to that third party.
(5) In any appeal proceedings, the onus to prove that a denial
of a request was justified shall be on the Central Public Information
Officer or State Public Information Officer, as the case may be,
who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be
disposed of within thirty days of the receipt of the appeal or
within such extended period not exceeding a total of forty-five
days from the date of filing thereof, as the case may be, for
reasons to be recorded in writing.
(7) The decision of the Central Information Commission or State
Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State
Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may
be necessary to secure compliance with the provisions of this
Act, including—
(i) by providing access to information, if so requested, in a
particular form;
(ii) by appointing a Central Public Information Officer or State
Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation
to the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information
for its officials;
(vi) by providing it with an annual report in compliance with
clause (b) of sub-section (1) of section 4;
(b) require the public authority to compensate the complainant
for any loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information Commission,
as the case may be, shall give notice of its decision, including
any right of appeal, to the complainant and the public authority.
(10) The Central Information Commission or State Information Commission,
as the case may be, shall decide the appeal in accordance with
such procedure as may be prescribed.
20 (1) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint
or appeal is of the opinion that the Central Public Information
Officer or the State Public Information Officer, as the case may
be, has, without any reasonable cause, refused to receive an application
for information or has not furnished information within the time
specified under sub-section (1) of section 7 or malafidely denied
the request for information or knowingly given incorrect, incomplete
or misleading information or destroyed information which was the
subject of the request or obstructed in any manner in furnishing
the information, it shall impose a penalty of two hundred and
fifty rupees each day till application is received or information
is furnished, so however, the total amount of such penalty shall
not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State
Public Information Officer, as the case may be, shall be given
a reasonable opportunity of being heard before any penalty is
imposed on him:
Provided further that the burden of proving that he acted reasonably
and diligently shall be on the Central Public Information Officer
or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint
or appeal is of the opinion that the Central Public Information
Officer or the State Public Information Officer, as the case may
be, has, without any reasonable cause and persistently, failed
to receive an application for information or has not furnished
information within the time specified under sub-section (1) of
section 7 or malafidely denied the request for information or
knowingly given incorrect, incomplete or misleading information
or destroyed information which was the subject of the request
or obstructed in any manner in furnishing the information, it
shall recommend for disciplinary action against the Central Public
Information Officer or the State Public Information Officer, as
the case may be, under the service rules applicable to him.
CHAPTER VI
Miscellaneous
21 No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended
to be done under this Act or any rule made thereunder.
22 The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law for the time being in force or in
any instrument having effect by virtue of any law other than this
Act.
23 No court shall entertain any suit, application or other proceeding
in respect of any order made under this Act and no such order
shall be called in question otherwise than by way of an appeal
under this Act.
24 (1) Nothing contained in this Act shall apply to the intelligence
and security organisations specified in the Second Schedule, being
organisations established by the Central Government or any information
furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of
corruption and human rights violations shall not be excluded under
this sub-section:
Provided further that in the case of information sought for is
in respect of allegations of violation of human rights, the information
shall only be provided after the approval of the Central Information
Commission, and notwithstanding anything contained in section
7, such information shall be provided within forty-five days from
the date of the receipt of request.
(2) The Central Government may, by notification in the Official
Gazette, amend the Schedule by including therein any other intelligence
or security organisation established by that Government or omitting
therefrom any organisation already specified therein and on the
publication of such notification, such organisation shall be deemed
to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid
before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence
and security organisation being organisations established by the
State Government, as that Government may, from time to time, by
notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of
corruption and human rights violations shall not be excluded under
this sub-section:
Provided further that in the case of information sought for is
in respect of allegations of violation of human rights, the information
shall only be provided after the approval of the State Information
Commission and, notwithstanding anything contained in section
7, such information shall be provided within forty-five days from
the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid
before the State Legislature.
25 (1) The Central Information Commission or State Information
Commission, as the case may be, shall, as soon as practicable
after the end of each year, prepare a report on the implementation
of the provisions of this Act during that year and forward a copy
thereof to the appropriate Government.
(2) Each Ministry or Department shall, in relation to the public
authorities within their jurisdiction, collect and provide such
information to the Central Information Commission or State Information
Commission, as the case may be, as is required to prepare the
report under this section and comply with the requirements concerning
the furnishing of that information and keeping of records for
the purposes of this section.
(3) Each report shall state in respect of the year to which the
report relates,—
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled
to access to the documents pursuant to the requests, the provisions
of this Act under which these decisions were made and the number
of times such provisions were invoked;
(c) the number of appeals referred to the Central Information
Commission or State Information Commission, as the case may be,
for review, the nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer
in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under
this Act;
(f) any facts which indicate an effort by the public authorities
to administer and implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect
of the particular public authorities, for the development, improvement,
modernisation, reform or amendment to this Act or other legislation
or common law or any other matter relevant for operationalising
the right to access information.
(4) The Central Government or the State Government, as the case
may be, may, as soon as practicable after the end of each year,
cause a copy of the report of the Central Information Commission
or the State Information Commission, as the case may be, referred
to in sub-section (1) to be laid before each House of Parliament
or, as the case may be, before each House of the State Legislature,
where there are two Houses, and where there is one House of the
State Legislature before that House.
(5) If it appears to the Central Information Commission or State
Information Commission, as the case may be, that the practice
of a public authority in relation to the exercise of its functions
under this Act does not conform with the provisions or spirit
of this Act, it may give to the authority a recommendation specifying
the steps which ought in its opinion to be taken for promoting
such conformity.
26 (1) The appropriate Government may, to the extent of availability
of financial and other resources,—
(a) develop and organise educational programmes to advance the
understanding of the public, in particular of disadvantaged communities
as to how to exercise the rights contemplated under this Act;
(b) encourage public authorities to participate in the development
and organisation of programmes referred to in clause (a) and to
undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information
by public authorities about their activities; and
(d) train Central Public Information Officers or State Public
Information Officers, as the case may be, of public authorities
and produce relevant training materials for use by the public
authorities themselves.
(2) The appropriate Government shall, within eighteen months from
the commencement of this Act, compile in its official language
a guide containing such information, in an easily comprehensible
form and manner, as may reasonably be required by a person who
wishes to exercise any right specified in this Act.
(3) The appropriate Government shall, if necessary, update and
publish the guidelines referred to in sub-section (2) at regular
intervals which shall, in particular and without prejudice to
the generality of sub-section (2), include—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and,
if available, electronic mail address of the Central Public Information
Officer or State Public Information Officer, as the case may be,
of every public authority appointed under sub-section (1) of section
5;
(c) the manner and the form in which request for access to an
information shall be made to a Central Public Information Officer
or State Public Information Officer, as the case may be;
(d) the assistance available from and the duties of the Central
Public Information Officer or State Public Information Officer,
as the case may be, of a public authority under this Act;
(e) the assistance available from the Central Information Commission
or State Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure
to act in respect of a right or duty conferred or imposed by this
Act including the manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories
of records in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests
for access to an information; and
(i) any additional regulations or circulars made or issued in
relation to obtaining access to an information in accordance with
this Act.
(4) The appropriate Government must, if necessary, update and
publish the guidelines at regular intervals.
27 (1) The appropriate Government may, by notification in the
Official Gazette, make rules to carry out the provisions of this
Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely:—
(a) the cost of the medium or print cost price of the materials
to be disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section
7;
(d) the salaries and allowances payable to and the terms and conditions
of service of the officers and other employees under sub-section
(6) of section 13 and sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information Commission
or State Information Commission, as the case may be, in deciding
the appeals under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28 (1) The competent authority may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely:—
(i) the cost of the medium or print cost price of the materials
to be disseminated under sub-section (4) of section 4;
(ii) the fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed.
29 (1) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall
be laid, as soon as may be after it is notified, before the State
Legislature.
30 (1) If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order published in
the Official Gazette, make such provisions not inconsistent with
the provisions of this Act as appear to it to be necessary or
expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of
a period of two years from the date of the commencement of this
Act.
(2) Every order made under this section shall, as soon as may
be after it is made, be laid before each House of Parliament.
31 The Freedom of Information Act, 2002 is hereby repealed.
THE FIRST SCHEDULE
[See sections 13(3) and 16(3)]
Form of oath or affirmation to be made by the Chief Information
Commissioner/the Information Commissioner/the State Chief Information
Commissioner/the State Information Commissioner
"I, ....................., having been appointed Chief Information
Commissioner/Information Commissioner/State Chief Information
Commissioner/State Information Commissioner
swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution
of India as by law established, that I will uphold the sovereignty
and integrity of India, that I will duly and faithfully and to
the best of my ability, knowledge and judgment perform the duties
of my office without fear or favour, affection or ill-will and
that I will uphold the Constitution and the laws.".
THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central
Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau.
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
Link
to pdf version of the act
RTI : Public Authority
Public authorities are the repository of information which the
citizen have right to have under the Right to Information Act,
2005. As defined in the Act, a " Public authority "
is any authority or body or institution of self government established
or constituted by or under the Constitution; or by any other law
made by the Parliament or a State Legislature; or by notification
issued or order made by the Central Government or a State Government.
Bodies owned, controlled or substantially financed by the Central
Government substantially financed by the Central Government or
State Government also fall within the definition of public authority.
The financing of the body or the NGO by the Government may be
direct or indirect.
The Act casts important obligation on public authorities so as
to facilitate the citizens or the country to access the information
held under their control. The obligations of the authority are
basically the obligations of the head of the authority, which
should ensure that these are met in right earnest. Reference made
to public authority in this document is, in face, a reference
to the head of the public authority.
What is Information
Information is not an abstract concept under the RTI Act. It is
conceived as being contained in any material 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. If also includes
information relating to any private body which can be accessed
by the public authority under any law for the time being in force.
Right to Information under the Act
1.A citizen has a right to seek such information from a public
authority which is held by the public authority or which held
under its control. This right includes inspection on work, documents
and records; taking notes, extracts or certified copies of documents
or records; and taking certified samples of material held by the
public authority or held under control of the public authority.
2.The Act gives the citizen a right to information at per with
the Members of Parliament and the Members of State Legislatures.
According to Act, the information, which cannot be denied to the
Parliament or a State Legislature, shall not be denied to any
person.
3.A citizen has a right to obtain an information in the from of
diskettes, floppies, tapes, video cassettes or in any other electronic
mode or through print-outs provided such information is already
stored in a computer or in any other device from which the information
may be transferred to diskettes etc
4.The information to the applicant should ordinarily be provided
in the form in which it is sough. However, if the supply of information
sought in a particular form would disproportionately divert the
resources of the public authority or may cause harm to the safety
or preservation of the records, supply of information in that
form may be denied.
5.The Act gives the right to information only to the citizen of
India. It does not make provision for giving information to Corporations,
Associations, and Companies etc. Which are legal entities/persons,
but not citizens. However, if an application is made by an employee
or office - bearer of any Corporation, Association, Company, NGO
etc. indicating his name and such employee/office bearer is a
citizen of India, information may be supplied to him/her. In such
cases, it would be presumed that a citizen has sought information
at the address of the Corporation etc.
6.Only such information is required to be supplied under the Act
which already exists and is held by the public authority or held
under the control of the public authority, It is not required
under the Act to create information; or to interpret information;
or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.
Information Exempted From Disclosure
Sub-section (1) of section 8 and section 9 of the Act enumerate
the types of information which is exempt from disclosure. Sub-Section
(2) of section8, however, provides that information exempted under
sub-section (1) or exempted under the Official Secrets Act, 1923
can be discloses if public interest in disclosure overweighs the
harm to the protected interest. Further, sub-section (3) of section
8 provides that information exempt from disclosure under sub- section
(1), exempted as provided in clauses (a), (c) and (i) thereof, would
cease to be exempted after 20 years from the date of occurrence
of the related event etc.
It may be noted that section 8(3) of the Act does not require
the public authorities to retain records for indefinite periods.
The records should be retained as per the record retention schedule
applicable to the form of an OM or a letter or in any other from
even after destruction of the file/record. The Act requires furnishing
of information so available after the lapse of 20 tears even if
such information was exempt from disclosure under sub-section
(1) of Section8. It means that the information `which, in normal
course, is exempt from disclosure under sub-section (1) of Section
8 of the Act, would cease to be exempted if 20 years have lapsed
after occurrence of the incident to which the information relates.
However, the following types of information would continue to
be exempt and there would be no obligation, even after lapse of
230 years, to give any
i.information disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security, strategic,
scientific or economic interest of the State, relation with foreign
state or lead to incitement of an offence;
ii.information the disclosure of which would case a breach of
privilege of parliament or State Legislature; or
iii.cabinet papers including records of deliberation of the Council
of Ministers, Secretaries and other Officers subject to the conditions
given in proviso to clause (I) sub-section (1) of Section 8 of
the Act,
Timely Supply of Information
The Act requires that except in some special circumstances, decision
on an application for information should be given within 30 days
of the receipt of the request. Where the information sought for
concerns the life or liberty of a person, the same should be provided
within forty-eight hours of the receipt of the request. If the
decision on the request for information is not given within the
prescribed period. It is deemed that the request has been refused.
If is pertinent to note that if a public authority fails to comply
with the specified time limit, the information to the concerned
applicant would have to be provided free of charge.
Right Information Vis-a-vis other Acts
The RTI Act has over-riding effect vis-a-vis other laws in as
much as the provisions of the RTI Act would have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law for the time being in force or in
any instrument having effect by virtue of any law other than the
RTI Act.
Maintenance and Computerisation of Records
Proper management of records is of utmost importance for effective
implementation of the provisions of the Act. A public authority
should, therefore, maintain all its records properly. It should
ensure that the records are duly catalogued and indexed in such
a manner and from that it may facilitate the right to information.
The public authority should computerize all its records which
are appropriate to be computerized, Record so computerized should
be connected though a network on different systems so that access
to such records is facilitated.
Suo Motu Disclosure
1.Every public authority should provide as much information suo
motu to the public through various means of communications so
that the public have minimum resort to the use of the Act obtain
information. Internet being one of the most effective means of
communications, the information may be posted on the website.
2.Section 4(1)(b) of the Act, in particular, requires every public
authority to publish following sixteen categories of information:
i.the parliament of its organization, functions and duties;
ii.the powers and duties of its officers and employees;
iii.the procedure followed in the 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, held
by it or under its control or used by its employees for discharging
its functions;
vi.a statement of the categories of document that are 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 its policy or implementation thereof;
viii.a statement of the boards, councils, committees and other
bodies consisting of two more persons constituted as part or for
the purpose of its advice, and as to whether meetings of those
boards, councils, committees and other bodies are open to the
public, or the minutes of such meetings are accessible for public;
ix.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 budge allocated to each of its agency, indicating the particulars
of all plans, proposes expenditures and reports on disbursements
made;
xii.the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such programmes;
xiii.particulars of recipients of concessions, permits or authorizations
granted by it;
xiv.details in respect of the information, available to or held
by it, reduced in an electronic from;
xv.the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading
room, if reduced in an electronic from;
xvi.the names, designations and other particulars of the Public
Information Officers;
3.Besides the categories of information enumerated above, the
Government may prescribe other categories of information to be
published by any public authority. It need be stressed that publication
of the information as referred to above is not optional. It is
a statutory requirement which every public authority is bound
to meet.
4.Another important point to note is that it is not sufficient
to publish the above information once. The public authority is
obliged to update such information every year. It is advisable
that, as far as possible, the information should be updated as
and when any development takes place. Particularly, in case of
publication on the internet, the information should be kept updated
all the time.
Dissemination of Information
The public authority should widely disseminate the information.
Dissemination should be done in such form and manner which is
easily accessible to the public. It may be done through notice
boards, newspapers, public announcements, media broadcast, the
internet or nay other means. The public authority should take
into consideration the cost effectiveness, local language and
most effective method of communication in the local area while
disseminating the information.
Publication of Facts about Policies and Decision
Public authorities formulate policies and take various decisions
from time to time. As provided in the Act, while formulating important
policies or announcing the decisions affecting the public, the
public authority should publish all relevant facts about such
policies and decisions for the information of public at large.
Providing Reasons for Decisions
The public authorities take various administrative and quasi-
judicial decisions which affect the interests of certain persons.
It is mandatory for the concerned public authority to provide
reasons for such decisions to the affected persons. It may be
done by using appropriate mode of communication.
Designation of CPIOs etc.
Every public authority is required to designate Public Information
Officers in all the administrative units or offices under it.
The public authorities should also designate the First Appellate
Authorities and publish the details thereof along with the details
of the Public Information Officers. Every public authority is
also required to designate Assistant Public Information Officers
at each sub-divisional level. The Government has decided that
Central Assistant Public Information Officers (CAPIOs) appointed
by the Department of posts would act as CAPIOs for all the public
authorities under the Government of India.
Acceptance of Fee
According to the Right to Information (Regulation of Fee and Cost)
Rules, 2005 as amended by the Right to Information (Regulation
of Fee and Cost) Rules, 2006, an applicant can make payment of
fee in case or by demand draft or bankers cheque or India Postal
Order payable to the Accounts Officer of the public authority.
The public authority should ensure that payment by any of the
above modes is not denied or the applicant is not compelled to
draw IPO etc. in the name of any officer other than the Accounts
Officer. If any public authority does not have any Accounts Officer,
an officer may be designated as such for the purpose of receiving
fee under the RTI Act or rules made there under.
Transfer of Applications
The Act provides that if an application is made to a public authority
requesting for an information, which is held by another public
authority; or the subject matter of which is more closely connected
with the functions of another public authority, the public authority,
to which such application is made, shall transfer the application
or relevant part of it to that other public authority within five
days from the receipt of the application. The public authority
should sensitize its officers about this provision of the Act
lest the public authority is held responsible for delay.
Compliance with the Orders of the CIC
While deciding an appeal, the Central Information Commission,
may require the concerned public authority to take such steps
as may be necessary to secure compliance with the provisions of
the Act. In this regard the Commission may pass an order to provide
information to an applicant in a particular form; appoint a Public
Information Officer; publish certain information or categories
of information; make necessary changes to its practices in relation
to the maintenance, management and destruction of records; enhance
the provision of training for officials; provide an annual report
as prepared in compliance with clause (b) subsection (1) of section
4.
The Commission has power to pass orders requiring a public authority
to compensate the complainant for any loss or other detriment
suffered by him. It also has power to impose penalty on the Public
Information Officer as provided in the Act. It may be noted that
penalty is imposed on the Public Information Officer which is
to be paid him. However, the compensation, ordered by the Commission
to be paid to an applicant would have to be paid by the public
authority,
The decisions of the Commission are binding. The public authority
should ensure that the orders passed by the Commission are implemented.
If any public authority is of the view that on order of the Commission
is not the consonance with the provisions of the Act, it may approach
the High Court by way of a Writ petition
Annual Report of the CIC
The Central Information Commission, after the end each year, is
required to prepare a report on the implementation of the Provisions
of the Act during that year. Each Ministry or Department is required,
in relation to the public authorities within its jurisdiction,
Commission for preparation of the report. The report of the Commission,
inter0alia, contains following information in respect of the year
to which the report relates
a.the number of requests made to each public authority;
b.the number of decision where applicants were not entitled to
access to the documents pursuant to the requests, the provisions
of the Act under which these decisions were made and the number
of times such provisions were invoked;
c.particulars of any disciplinary action taken against any officer
in respect of the administration of the Act;
d.the amount of charges collected by each public authority under
the Act; and
e.any facts which indicate an effort by the public authorities
to administer and implement the spirit and intention of the Act.
Every public authority should send necessary material to its administrative
Ministry/Department soon after the end of the year so that the
Ministry/Department may incorporate the same in its report.
If it appears to the Central Information Commission that a practice
of the public authority in relation to the exercise of its functions
under the Act does not conform with the provisions or spirit of
the Act, it may give a recommendation to the authority specifying
the steps ought to be taken for promoting such conformity. The
concerned public authority should take necessary action to bring
its practice in conformity with the Act.
Development of Programmes etc.
It is expected of each public authority that it would develop
and organize educational programmes to advance the understanding
of the public, in particular of disadvantaged communities, as
to how to exercise the rights contemplated under the Act and ensure
timely and effective dissemination of accurate information about
their activities. Training of the Public Information Officers
and other officers of a public authority is very important for
meeting these expectations and effective implementation of the
provisions of the Act. The public authorities should, therefore
arrange for training or their officers designated as Public Information
Officer/First Appellate Authority and other officer who are directly
or indirectly involved in the implementation of the provisions
of the Act.
RTI : Appeallate Authority
It is the responsibility of the Central Public Information Officer
(CPIO) of a public authority to supply correct and complete Information
within the specified time to any person seeking information under
the RTI Act, 2005. There are possibilities that a CPIO may not
act as per provisions of the Act or an applicant may not otherwise
be satisfied with the decision of the CPIO. The Act contains provision
of two appeals to tide over such situations. The first appeal
lies within the public authority by the concerned public authority.
The first Appellate Authority happens to be an officer senior
in rank to the CPOI. The second appeal lies with the Central Information
Commission. The Central Information Commission (Appeal Procedure)
The Guidelines contained in this document are meant for the First
Appellate Authorities.
In order to perform his/her duties effectively, the Appellate
Authority should study the Act carefully and understand its provisions
correctly. This document explains some of the important aspects
of the Act which a First Appellate Authority should, in particular,
be conversant with.
What is Information
1.Information is nay material in any form. It includes records,
documents, memos, e-mail, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models,
data material held in any electronic relating to any private body
which can be accessed by the public authority under any law for
the time being in force.
2.A citizen has a right to seek such information form a public
authority with is held by the public authority or witch is held
under its control. This right includes inspection of work, documents
and records; taking notes, extracts or certified copies of document
or records; and taking certified samples of material held by the
public authority or held under the control of the public authority.
3.The act gives the citizen a right to information at per with
the Members of Parliament and the Members of State Legislatures.
According to the Act, the information which cannot be denied to
the Parliament or a State Legislature, shall not be denied to
nay person.
4.A citizen has a right to obtain to an information in the form
of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through print-outs provided such information
is already stored in a computer or in any other device from which
the information may be transferred to diskettes etc.
5.The information to the applicant should ordinarily be provided
in the form in which it is sought. However, if the supply of information
sought in a particular from would disproportionately divert the
resources of the public authority or any cause harm to the safety
or preservation of the records, supply of information in that
from may be denied.
6.The Act gives the right to information only to the citizens
of India. It does not make provision for giving information to
corporation, Associations, Companies etc. which are legal entities/persons,
but not citizens. However, if an application is made by an employee
or office - bearer of any Corporation, Association, Company, NGO
etc. indicating his name and such employee/office bearer is a
citizen of India, information may be supplied to him/her. In such
cases, it would be presumed that a citizen has sought information
at the address of the Corporation etc.
7.Only such information is required to be supplied under the Act
which already exists and is held by the public authority or held
under the control of the public authority. It is beyond the scope
of the Act to create information; or to interpret information;
or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.
Information Exempted From Disclosure
Sub-section (1) of section 8 and section 9 of the Act enumerate
the categories of information which is exempt from disclosure.
Sub-section (2) of section 8, however, provides that information
exempted under sub-section(1) or exempted under the Official Secrets
Act, 1923 can be disclosed if public interest in disclosure overweight
the harm to the protected interest. Further, sub-section (3) of
section 8 provides that information exempt from disclosure under
sub-section (1), except as provided in clauses (a), (c) and (i)
thereof, would cease to be exempted after 20 years from the date
of occurrence of the related event etc.
It may be noted that section 8 (3) of the Act does not require
the public authorities to retain records for indefinite period.
The records should be retained as per the record retention schedule
applicable to the concerned public authority. Information generated
in a file may survive in the form of an OM or a letter or in any
other even after destruction of the file/record. The Act requires
furnishing of information so available after the lapse of 20 years
even if such information was exempt from disclosure under sub-section
(1) of Section 8. It means that the information which, in normal
course, is exempt from disclosure under sub-section (1) of Section
8 of the Act, would cease to be exempted if 20 years have lapsed
after occurrence of the incident to which the information relates.
However, the following types of information would continue to
be exempt and there would be no obligation, even after lapse of
20 years, to give any citizen -
i.information disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security, strategic,
scientific or economic interest of the State, relation with foreign
state or lead to incitement of an offence;
ii.information the disclosure of which would cause a breach of
privilege of Parliament or State Legislature; or
iii.Cabinet papers including records of deliberation of the Council
of Ministers, Secretaries and other Officers subject to the conditions
gives in proviso to clause (i) of sub-section (1) of Section 8
of the Act.
Right to Information Vis-à-vis Other Acts
The RTI Act has over-riding effect vis-à-vis other laws
inasmuch as the provisions of the RTI Act would have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law foe the time being in force or in
any instrument having effect by virtue of any law other than the
RTI Act.
Free for Seeking Information
An applicant, along with his application, is required to pay a
sum of Rs. 10/- as application fee in case or by way of a demand
draft or a banker’s cheque or an Indian Postal Order payable
to the Accounts Officer of the public authority,\. The applicant
may also have to pay additional fee, as prescribed by the Right
to Information (Regulation of Fee and Cost) Rules, 2005 foe supply
of information as gives below:
a.rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper)
created or copied;
b.actual charge or cost price of a copy in Larger size paper;
c.actual cost or price for samples or models;
d.for inspection of records, no fee for the first hour; and a
fee of rupee five (Rs. 5/-) for each subsequent hour (or fraction
thereof);
e.for information provided in diskette or floppy rupees fifty
(Rs50/-) per diskette of floppy; and
f.for information provided in printed from at the price fixed
for such publication or rupees two par page of photocopy for extracts
from the publication.
If the applicant belongs to ‘below poverty line (BPL)’
category, he/she is not required to pay any fee. However. He/she
should submit a proof in support of his/her claim to belong to
the below poverty line. The application not accompanied by the
prescribed fee of Rs. 10/- or proof of the applicant’s belonging
to below poverty line, as the case may be, shall not be a valid
application under the Act and, therefore, dose not entitle the
applicant to get information.
It may be noted that where the CPIO decides that the information
shall be provided on payment of fee in addition to the application
fee, CPIO is inform the applicant:
i.the details of further fees required to be paid:
ii.the calculations made to arrive at the amount of fee asked
for;
Contents and Format of Application
An applicant making request for information is not required to
give any reason for requesting the information or any other personal
details except those that may be necessary for contacting him.
Also, the Act or the Rules do not prescribe any format of application
for seeking information. Therefore, the applicant should not be
asked to give justification for give details application in any
particular form.
Transfer of Application
1.If the subject matter of the application concerns any other
public authority, it should be transferred to that public authority.
If only a part of the application concerns the other public authority,
a copy of the application may be sent to that public authority,
clearly specifying the part which relates to that public authority.
While transferring the application or sending a copy thereof,
the concerned public authority should be information that the
application fee has been received. The applicant should also be
informed about the transfer of his application and the particulars
of the public authority to whom the application or a copy thereof
has been sent.
2.Transfer of application or part thereof, as the case may be,
should be made as soon as possible and in any case within five
days from the date of receipt of the application. If a CPIO transfers
an application after five days from the receipt of the application,
he would be responsible for delay in disposing of the application
to the extent of number of days which he takes in transferring
the application beyond 5 days.
3.The CPIO of the public authority to whom the application is
transferred, should not refuse acceptance of transfer of the application
on the ground that it was not transferred to him within 5 days.
4.A public authority may designate as many CPIOs for it, as it
may deem necessary. It is possible that in a public authority
with more than one CPIO, an application is received by the CPIO
other than the concerned CPIO. In such a case, the CPIO received
by the application should transfer it to the concerned CPIO immediately,
preferable the same day. Time period of five days for transfer
of the application applies only when the application is transferred
from one public authority to another public authority and not
for transfer from one CPIO to another in the same public authority.
Supply of Information
The answering CPIO should check the information sought or a part
thereof is exempt from disclosure under section 8 or Section 9
of the Act. Request in respect of the part of the application
which is so exempt may be rejected and rest of the information
should be provided immediately or after receipt of additional
fees, as the case may be.
Supply of Part Information by Severance
Where a request is received for access to information which is
exempt from disclosure but a part of which is not exempt and such
part can be severed in such a way that the severed part dose not
contain exempt information then, access to that part of the information/record
may be provided to the applicant. Where access is granted to part
of the record in such a way, the Central public Information Officer
should inform the applicant that the information asked for the
exempt from disclosure and that only part of the record is being
provided, after severance, which is not exempt from disclosure.
While doing so, he should give the reasons for the decision, including
any finding on any material any findings on may material question
of fact, referring to the material on which those findings were
based. The CPIO should take the approval of appropriate authority
before supply of information in such a case and should inform
the name and designation of the person giving the decision to
the applicant also.
Time period for Supply of Information
1.The CPIO should supply the information within thirty days of
the receipt of the request. Where the information sought for concerns
the life or liberty of a person, the same should be provided within
forty-eight hours of the receipt of the request.
2.Every public authority is required to designate an officer at
each sub-divisional level or other sub-district level as a Central
Assistant Public Information Officer (CAPIO) to received the application
or appeals under the Act for forwarding the same the Central Public
Information Officer or the fires Appellate Authority or the Central
Information Commission, as the case may be. If request for information
is received through the CAPIO, the information may be provided
within 35 days of receipt of application by the CAPIO in normal
course and 48 hours plus 5 days in case the information sought
concerns the life or liberty of a person.
3.In case of application transferred from one public authority
to another public authority reply should be provided by the concerned
public authority within 30 days of the receipt of the application
by that public authority in normal course and within 48 hours
in case the information sought concerns the life or liberty of
a person.
4.The Central Public Information Officers of the intelligence
and security organizations specified in the Second Schedule of
the Act may receive applications seeking information pertaining
to allegations of corruption and human right violations. Information
in respect of allegation of violation of human right, which is
provided only after the approval of the Central Information Commission,
should be provided within forty-five days from the data of the
receipt of request. Time limit prescribed for supplying information
in regard to allegation of corruption is the same as in other
cases.
5.Where the application is asked to pay additional fee, the period
intervening between the dispatch of the intimation about payment
of fee and the payment of fee by the applicant shall be excluded
for the purpose of calculation the period of reply. The following
table shows the maximum time which may be taken to dispose off
the application in different situation:
Situation Time limit for disposing off applications
Supply of information in normal course 30 days
Supply of information if it concerns the life or liberty of a
person 48 days
Supply of information if the application is received through CAPIO.
05 DAYS SHALL BE ADDED TO THE TIME PERIOD INDICATED AT Sr. No.
1 and 2.
Supply of information if application/request is received after
transfer from another public authority:
a.In normal course
b.In case the information concerns the life or liberty of a person.
a.Within 30 days of the receipt of the concerned public authority.
b.Within 48 hours of receipt of the application by the concerned
public authority.
Supply of information by organizations specified in the Second
Schedule:
a.If information relates to allegations of violation of human
right.
b.In case information relates to allegations of corruption.
a.45 days from the receipt of application.
b.Within 30 days of the receipt of application.
Supply of information if it relates to third party and the third
party has treated it as confidential. Should be provided after
following the procedure given in para 32 to 36 of these guidelines.
Supply of information where the applicant is asked to pay additional
fee. The period intervening between information the applicant
about additional fee and the payment of fee by the applicant foe
calculating the period of reply.
http://rti.india.gov.in/manual3.php?pageid=5
If the CPIO fails to give decision on the request for information
within the prescribed period, the Central Public Information Officer
shall be deemed to have refused the request. It is pertinent to
note that that if a public authority fails to comply with the
specified time limit, the information to the concerned applicant
would have to be provided free of charge.
First Appeal
The information sought by an applicant should either be supplied
to him or his application should be rejected within the time prescribed
by the Act. If additional fee need be charged from the application,
communication in this regard should be sent to him within the
time limit prescribed for sending information. If the applicant
does not receive information or decision about rejection or request
or communication about payment of additional fee within the specified
time, he can make an appeal to the First Appellate Authority.
Appeal can also be made if the applicant is aggrieved by the decision
of the CPIO regarding supply of information or the quantum of
fee decided by CPIO.
Appeal in relation to Third Party Information
1.Third party in relation to the Act means a person other than
the citizen who has made be request for information. Any public
authority other than the public authority to whom the request
has been made shall also be included in the definition of third
party.
2.It may be noted that information including commercial confidence,
trade secrets or intellectual property, the disclosure of which
would harm the competitive position of a third party, is exempt
from disclosure. Section 8(I)(d) requires that such information
should not be disclosed unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information.
3.if an applicant seeks any information which relates to or has
been supplied by a third party and that third party has treated
that information as confidential, the Central Public Information
Officer should consider whether the information should be disclosed
or not. The guiding principle in such cases should be that except
in the case of trade or commercial secrets protected by law, disclosure
may be allowed if the public interest in disclosure outweighs
in importance any possible harm or injury to the interests of
such third party. However, procedure as given below should be
followed before disclosing such information. It may be noted that
this procedure need be followed only when the third party has
treated the information as confidential.
4.If the CPIO intends to disclose the information, he should within
five days from the receipt of the application, give a written
notice to the third party that the information has been sought
by the applicant under the RTI Act and that he intends to disclose
the information. He should request the third party to make a submission
in writing or orally, regarding whether the information should
be disclosed. The third party should be given a time of ten days,
from the date of receipt of the notice by him, to make representation
against the proposed disclosure, if any.
5.The Central Public Information Officer should make a decision
regarding disclosure of the information keeping in view the submission
of the third party. Such a decision should be taken within forty
days from the receipt of the request for
6.information. After taking the decision, the CPIO should give
a notice of his decision to the third party in writing. The notice
given to the third party should include a statement that the third
party is entitled to prefer an appeal under section 19 against
the decision.
7.The third party can prefer an appeal to the First Appellate
Authority against the decision made by the Central Public Information
Officer within thirty days from the date of the receipt of notice.
If not satisfied with the decision of the First Appellate Authority,
the third party can prefer the second appeal to the Central Information
Commission.
8.If an appeal has been filed by the third party against the decision
of the CPIO to disclose the third party information, to information
should not be disclosed till the appeal is decided.
Time Limit for Filling of First Appeal
The first appeal may be made within 30 days from the date of expire
of the prescribed period or from the receipt of communication
from the CPIO. If the First Appellate Authority is satisfied that
the appellant was prevented by sufficient cause from filling the
appeal, the appeal may be admitted after 30 days also.
Disposal of Appeal
Deciding appeals under the RTI Act is a quasi-judicial function.
It is, therefore, necessary that the appellate authority should
see to it that the justice is not only done but it should also
appear to have been done. In order to do so, the order passed
by the appellate authority should be a speaking order giving justification
for the decision arrived at.
Time Limit for Disposal of Appeal
The appeal should be disposed off within 30 days of receipt of
the appeal. In exception cases, the Appellate Authority may take
45 days for its disosal. However, in cases where disposal of appeal
takes more then 30 days, the Appellate Authority should record
in writing the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant
should be supplied information in addition to what has been supplied
to him by the CPIO, he may either (i) pass an order directing
the CPIO to give such information to the appellant; or (ii) he
himself may give information to the appellant while disposing
off the appeal. In the first case the appellate authority should
ensure that the information ordered by him to be supplied is supplied
to the appellant immediately. It would, however, be better if
the appellant authority chooses the second course of action and
he himself furnishes the information along with the order passed
by him in the matter.
If, in any case, the CPIO does not implement the order passed
by the appellant authority and the appellate authority feels that
intervention of higher authority is required to get his order
implemented, he should bring the matter or the notice of the officer
in the public authority competent to take action against the CPIO.
Such competent officer shall take necessary action so as to ensure
implementation of the provisions of the RTI Act.
RTI : Appeallate Authority
It is the responsibility of the Central Public Information Officer
(CPIO) of a public authority to supply correct and complete Information
within the specified time to any person seeking information under
the RTI Act, 2005. There are possibilities that a CPIO may not
act as per provisions of the Act or an applicant may not otherwise
be satisfied with the decision of the CPIO. The Act contains provision
of two appeals to tide over such situations. The first appeal
lies within the public authority by the concerned public authority.
The first Appellate Authority happens to be an officer senior
in rank to the CPOI. The second appeal lies with the Central Information
Commission. The Central Information Commission (Appeal Procedure)
The Guidelines contained in this document are meant for the First
Appellate Authorities.
In order to perform his/her duties effectively, the Appellate
Authority should study the Act carefully and understand its provisions
correctly. This document explains some of the important aspects
of the Act which a First Appellate Authority should, in particular,
be conversant with.
What is Information
1.Information is nay material in any form. It includes records,
documents, memos, e-mail, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models,
data material held in any electronic relating to any private body
which can be accessed by the public authority under any law for
the time being in force.
2.A citizen has a right to seek such information form a public
authority with is held by the public authority or witch is held
under its control. This right includes inspection of work, documents
and records; taking notes, extracts or certified copies of document
or records; and taking certified samples of material held by the
public authority or held under the control of the public authority.
3.The act gives the citizen a right to information at per with
the Members of Parliament and the Members of State Legislatures.
According to the Act, the information which cannot be denied to
the Parliament or a State Legislature, shall not be denied to
nay person.
4.A citizen has a right to obtain to an information in the form
of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through print-outs provided such information
is already stored in a computer or in any other device from which
the information may be transferred to diskettes etc.
5.The information to the applicant should ordinarily be provided
in the form in which it is sought. However, if the supply of information
sought in a particular from would disproportionately divert the
resources of the public authority or any cause harm to the safety
or preservation of the records, supply of information in that
from may be denied.
6.The Act gives the right to information only to the citizens
of India. It does not make provision for giving information to
corporation, Associations, Companies etc. which are legal entities/persons,
but not citizens. However, if an application is made by an employee
or office - bearer of any Corporation, Association, Company, NGO
etc. indicating his name and such employee/office bearer is a
citizen of India, information may be supplied to him/her. In such
cases, it would be presumed that a citizen has sought information
at the address of the Corporation etc.
7.Only such information is required to be supplied under the Act
which already exists and is held by the public authority or held
under the control of the public authority. It is beyond the scope
of the Act to create information; or to interpret information;
or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.
Information Exempted From Disclosure
Sub-section (1) of section 8 and section 9 of the Act enumerate
the categories of information which is exempt from disclosure.
Sub-section (2) of section 8, however, provides that information
exempted under sub-section(1) or exempted under the Official Secrets
Act, 1923 can be disclosed if public interest in disclosure overweight
the harm to the protected interest. Further, sub-section (3) of
section 8 provides that information exempt from disclosure under
sub-section (1), except as provided in clauses (a), (c) and (i)
thereof, would cease to be exempted after 20 years from the date
of occurrence of the related event etc.
It may be noted that section 8 (3) of the Act does not require
the public authorities to retain records for indefinite period.
The records should be retained as per the record retention schedule
applicable to the concerned public authority. Information generated
in a file may survive in the form of an OM or a letter or in any
other even after destruction of the file/record. The Act requires
furnishing of information so available after the lapse of 20 years
even if such information was exempt from disclosure under sub-section
(1) of Section 8. It means that the information which, in normal
course, is exempt from disclosure under sub-section (1) of Section
8 of the Act, would cease to be exempted if 20 years have lapsed
after occurrence of the incident to which the information relates.
However, the following types of information would continue to
be exempt and there would be no obligation, even after lapse of
20 years, to give any citizen -
i.information disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security, strategic,
scientific or economic interest of the State, relation with foreign
state or lead to incitement of an offence;
ii.information the disclosure of which would cause a breach of
privilege of Parliament or State Legislature; or
iii.Cabinet papers including records of deliberation of the Council
of Ministers, Secretaries and other Officers subject to the conditions
gives in proviso to clause (i) of sub-section (1) of Section 8
of the Act.
Right to Information Vis-à-vis Other Acts
The RTI Act has over-riding effect vis-à-vis other laws
inasmuch as the provisions of the RTI Act would have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law foe the time being in force or in
any instrument having effect by virtue of any law other than the
RTI Act.
Free for Seeking Information
An applicant, along with his application, is required to pay a
sum of Rs. 10/- as application fee in case or by way of a demand
draft or a banker’s cheque or an Indian Postal Order payable
to the Accounts Officer of the public authority,\. The applicant
may also have to pay additional fee, as prescribed by the Right
to Information (Regulation of Fee and Cost) Rules, 2005 foe supply
of information as gives below:
a.rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper)
created or copied;
b.actual charge or cost price of a copy in Larger size paper;
c.actual cost or price for samples or models;
d.for inspection of records, no fee for the first hour; and a
fee of rupee five (Rs. 5/-) for each subsequent hour (or fraction
thereof);
e.for information provided in diskette or floppy rupees fifty
(Rs50/-) per diskette of floppy; and
f.for information provided in printed from at the price fixed
for such publication or rupees two par page of photocopy for extracts
from the publication.
If the applicant belongs to ‘below poverty line (BPL)’
category, he/she is not required to pay any fee. However. He/she
should submit a proof in support of his/her claim to belong to
the below poverty line. The application not accompanied by the
prescribed fee of Rs. 10/- or proof of the applicant’s belonging
to below poverty line, as the case may be, shall not be a valid
application under the Act and, therefore, dose not entitle the
applicant to get information.
It may be noted that where the CPIO decides that the information
shall be provided on payment of fee in addition to the application
fee, CPIO is inform the applicant:
i.the details of further fees required to be paid:
ii.the calculations made to arrive at the amount of fee asked
for;
Contents and Format of Application
An applicant making request for information is not required to
give any reason for requesting the information or any other personal
details except those that may be necessary for contacting him.
Also, the Act or the Rules do not prescribe any format of application
for seeking information. Therefore, the applicant should not be
asked to give justification for give details application in any
particular form.
Transfer of Application
1.If the subject matter of the application concerns any other
public authority, it should be transferred to that public authority.
If only a part of the application concerns the other public authority,
a copy of the application may be sent to that public authority,
clearly specifying the part which relates to that public authority.
While transferring the application or sending a copy thereof,
the concerned public authority should be information that the
application fee has been received. The applicant should also be
informed about the transfer of his application and the particulars
of the public authority to whom the application or a copy thereof
has been sent.
2.Transfer of application or part thereof, as the case may be,
should be made as soon as possible and in any case within five
days from the date of receipt of the application. If a CPIO transfers
an application after five days from the receipt of the application,
he would be responsible for delay in disposing of the application
to the extent of number of days which he takes in transferring
the application beyond 5 days.
3.The CPIO of the public authority to whom the application is
transferred, should not refuse acceptance of transfer of the application
on the ground that it was not transferred to him within 5 days.
4.A public authority may designate as many CPIOs for it, as it
may deem necessary. It is possible that in a public authority
with more than one CPIO, an application is received by the CPIO
other than the concerned CPIO. In such a case, the CPIO received
by the application should transfer it to the concerned CPIO immediately,
preferable the same day. Time period of five days for transfer
of the application applies only when the application is transferred
from one public authority to another public authority and not
for transfer from one CPIO to another in the same public authority.
Supply of Information
The answering CPIO should check the information sought or a part
thereof is exempt from disclosure under section 8 or Section 9
of the Act. Request in respect of the part of the application
which is so exempt may be rejected and rest of the information
should be provided immediately or after receipt of additional
fees, as the case may be.
Supply of Part Information by Severance
Where a request is received for access to information which is
exempt from disclosure but a part of which is not exempt and such
part can be severed in such a way that the severed part dose not
contain exempt information then, access to that part of the information/record
may be provided to the applicant. Where access is granted to part
of the record in such a way, the Central public Information Officer
should inform the applicant that the information asked for the
exempt from disclosure and that only part of the record is being
provided, after severance, which is not exempt from disclosure.
While doing so, he should give the reasons for the decision, including
any finding on any material any findings on may material question
of fact, referring to the material on which those findings were
based. The CPIO should take the approval of appropriate authority
before supply of information in such a case and should inform
the name and designation of the person giving the decision to
the applicant also.
Time period for Supply of Information
1.The CPIO should supply the information within thirty days of
the receipt of the request. Where the information sought for concerns
the life or liberty of a person, the same should be provided within
forty-eight hours of the receipt of the request.
2.Every public authority is required to designate an officer at
each sub-divisional level or other sub-district level as a Central
Assistant Public Information Officer (CAPIO) to received the application
or appeals under the Act for forwarding the same the Central Public
Information Officer or the fires Appellate Authority or the Central
Information Commission, as the case may be. If request for information
is received through the CAPIO, the information may be provided
within 35 days of receipt of application by the CAPIO in normal
course and 48 hours plus 5 days in case the information sought
concerns the life or liberty of a person.
3.In case of application transferred from one public authority
to another public authority reply should be provided by the concerned
public authority within 30 days of the receipt of the application
by that public authority in normal course and within 48 hours
in case the information sought concerns the life or liberty of
a person.
4.The Central Public Information Officers of the intelligence
and security organizations specified in the Second Schedule of
the Act may receive applications seeking information pertaining
to allegations of corruption and human right violations. Information
in respect of allegation of violation of human right, which is
provided only after the approval of the Central Information Commission,
should be provided within forty-five days from the data of the
receipt of request. Time limit prescribed for supplying information
in regard to allegation of corruption is the same as in other
cases.
5.Where the application is asked to pay additional fee, the period
intervening between the dispatch of the intimation about payment
of fee and the payment of fee by the applicant shall be excluded
for the purpose of calculation the period of reply. The following
table shows the maximum time which may be taken to dispose off
the application in different situation:
Situation Time limit for disposing off applications
Supply of information in normal course 30 days
Supply of information if it concerns the life or liberty of a
person 48 days
Supply of information if the application is received through CAPIO.
05 DAYS SHALL BE ADDED TO THE TIME PERIOD INDICATED AT Sr. No.
1 and 2.
Supply of information if application/request is received after
transfer from another public authority:
a.In normal course
b.In case the information concerns the life or liberty of a person.
a.Within 30 days of the receipt of the concerned public authority.
b.Within 48 hours of receipt of the application by the concerned
public authority.
Supply of information by organizations specified in the Second
Schedule:
a.If information relates to allegations of violation of human
right.
b.In case information relates to allegations of corruption.
a.45 days from the receipt of application.
b.Within 30 days of the receipt of application.
Supply of information if it relates to third party and the third
party has treated it as confidential. Should be provided after
following the procedure given in para 32 to 36 of these guidelines.
Supply of information where the applicant is asked to pay additional
fee. The period intervening between information the applicant
about additional fee and the payment of fee by the applicant foe
calculating the period of reply.
http://rti.india.gov.in/manual3.php?pageid=5
If the CPIO fails to give decision on the request for information
within the prescribed period, the Central Public Information Officer
shall be deemed to have refused the request. It is pertinent to
note that that if a public authority fails to comply with the
specified time limit, the information to the concerned applicant
would have to be provided free of charge.
First Appeal
The information sought by an applicant should either be supplied
to him or his application should be rejected within the time prescribed
by the Act. If additional fee need be charged from the application,
communication in this regard should be sent to him within the
time limit prescribed for sending information. If the applicant
does not receive information or decision about rejection or request
or communication about payment of additional fee within the specified
time, he can make an appeal to the First Appellate Authority.
Appeal can also be made if the applicant is aggrieved by the decision
of the CPIO regarding supply of information or the quantum of
fee decided by CPIO.
Appeal in relation to Third Party Information
1.Third party in relation to the Act means a person other than
the citizen who has made be request for information. Any public
authority other than the public authority to whom the request
has been made shall also be included in the definition of third
party.
2.It may be noted that information including commercial confidence,
trade secrets or intellectual property, the disclosure of which
would harm the competitive position of a third party, is exempt
from disclosure. Section 8(I)(d) requires that such information
should not be disclosed unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information.
3.if an applicant seeks any information which relates to or has
been supplied by a third party and that third party has treated
that information as confidential, the Central Public Information
Officer should consider whether the information should be disclosed
or not. The guiding principle in such cases should be that except
in the case of trade or commercial secrets protected by law, disclosure
may be allowed if the public interest in disclosure outweighs
in importance any possible harm or injury to the interests of
such third party. However, procedure as given below should be
followed before disclosing such information. It may be noted that
this procedure need be followed only when the third party has
treated the information as confidential.
4.If the CPIO intends to disclose the information, he should within
five days from the receipt of the application, give a written
notice to the third party that the information has been sought
by the applicant under the RTI Act and that he intends to disclose
the information. He should request the third party to make a submission
in writing or orally, regarding whether the information should
be disclosed. The third party should be given a time of ten days,
from the date of receipt of the notice by him, to make representation
against the proposed disclosure, if any.
5.The Central Public Information Officer should make a decision
regarding disclosure of the information keeping in view the submission
of the third party. Such a decision should be taken within forty
days from the receipt of the request for
6.information. After taking the decision, the CPIO should give
a notice of his decision to the third party in writing. The notice
given to the third party should include a statement that the third
party is entitled to prefer an appeal under section 19 against
the decision.
7.The third party can prefer an appeal to the First Appellate
Authority against the decision made by the Central Public Information
Officer within thirty days from the date of the receipt of notice.
If not satisfied with the decision of the First Appellate Authority,
the third party can prefer the second appeal to the Central Information
Commission.
8.If an appeal has been filed by the third party against the decision
of the CPIO to disclose the third party information, to information
should not be disclosed till the appeal is decided.
Time Limit for Filling of First Appeal
The first appeal may be made within 30 days from the date of expire
of the prescribed period or from the receipt of communication
from the CPIO. If the First Appellate Authority is satisfied that
the appellant was prevented by sufficient cause from filling the
appeal, the appeal may be admitted after 30 days also.
Disposal of Appeal
Deciding appeals under the RTI Act is a quasi-judicial function.
It is, therefore, necessary that the appellate authority should
see to it that the justice is not only done but it should also
appear to have been done. In order to do so, the order passed
by the appellate authority should be a speaking order giving justification
for the decision arrived at.
Time Limit for Disposal of Appeal
The appeal should be disposed off within 30 days of receipt of
the appeal. In exception cases, the Appellate Authority may take
45 days for its disosal. However, in cases where disposal of appeal
takes more then 30 days, the Appellate Authority should record
in writing the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant
should be supplied information in addition to what has been supplied
to him by the CPIO, he may either (i) pass an order directing
the CPIO to give such information to the appellant; or (ii) he
himself may give information to the appellant while disposing
off the appeal. In the first case the appellate authority should
ensure that the information ordered by him to be supplied is supplied
to the appellant immediately. It would, however, be better if
the appellant authority chooses the second course of action and
he himself furnishes the information along with the order passed
by him in the matter.
If, in any case, the CPIO does not implement the order passed
by the appellant authority and the appellate authority feels that
intervention of higher authority is required to get his order
implemented, he should bring the matter or the notice of the officer
in the public authority competent to take action against the CPIO.
Such competent officer shall take necessary action so as to ensure
implementation of the provisions of the RTI Act.
RTI : Appeallate Authority
It is the responsibility of the Central Public Information Officer
(CPIO) of a public authority to supply correct and complete Information
within the specified time to any person seeking information under
the RTI Act, 2005. There are possibilities that a CPIO may not
act as per provisions of the Act or an applicant may not otherwise
be satisfied with the decision of the CPIO. The Act contains provision
of two appeals to tide over such situations. The first appeal
lies within the public authority by the concerned public authority.
The first Appellate Authority happens to be an officer senior
in rank to the CPOI. The second appeal lies with the Central Information
Commission. The Central Information Commission (Appeal Procedure)
The Guidelines contained in this document are meant for the First
Appellate Authorities.
In order to perform his/her duties effectively, the Appellate
Authority should study the Act carefully and understand its provisions
correctly. This document explains some of the important aspects
of the Act which a First Appellate Authority should, in particular,
be conversant with.
What is Information
1.Information is nay material in any form. It includes records,
documents, memos, e-mail, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models,
data material held in any electronic relating to any private body
which can be accessed by the public authority under any law for
the time being in force.
2.A citizen has a right to seek such information form a public
authority with is held by the public authority or witch is held
under its control. This right includes inspection of work, documents
and records; taking notes, extracts or certified copies of document
or records; and taking certified samples of material held by the
public authority or held under the control of the public authority.
3.The act gives the citizen a right to information at per with
the Members of Parliament and the Members of State Legislatures.
According to the Act, the information which cannot be denied to
the Parliament or a State Legislature, shall not be denied to
nay person.
4.A citizen has a right to obtain to an information in the form
of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through print-outs provided such information
is already stored in a computer or in any other device from which
the information may be transferred to diskettes etc.
5.The information to the applicant should ordinarily be provided
in the form in which it is sought. However, if the supply of information
sought in a particular from would disproportionately divert the
resources of the public authority or any cause harm to the safety
or preservation of the records, supply of information in that
from may be denied.
6.The Act gives the right to information only to the citizens
of India. It does not make provision for giving information to
corporation, Associations, Companies etc. which are legal entities/persons,
but not citizens. However, if an application is made by an employee
or office - bearer of any Corporation, Association, Company, NGO
etc. indicating his name and such employee/office bearer is a
citizen of India, information may be supplied to him/her. In such
cases, it would be presumed that a citizen has sought information
at the address of the Corporation etc.
7.Only such information is required to be supplied under the Act
which already exists and is held by the public authority or held
under the control of the public authority. It is beyond the scope
of the Act to create information; or to interpret information;
or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.
Information Exempted From Disclosure
Sub-section (1) of section 8 and section 9 of the Act enumerate
the categories of information which is exempt from disclosure.
Sub-section (2) of section 8, however, provides that information
exempted under sub-section(1) or exempted under the Official Secrets
Act, 1923 can be disclosed if public interest in disclosure overweight
the harm to the protected interest. Further, sub-section (3) of
section 8 provides that information exempt from disclosure under
sub-section (1), except as provided in clauses (a), (c) and (i)
thereof, would cease to be exempted after 20 years from the date
of occurrence of the related event etc.
It may be noted that section 8 (3) of the Act does not require
the public authorities to retain records for indefinite period.
The records should be retained as per the record retention schedule
applicable to the concerned public authority. Information generated
in a file may survive in the form of an OM or a letter or in any
other even after destruction of the file/record. The Act requires
furnishing of information so available after the lapse of 20 years
even if such information was exempt from disclosure under sub-section
(1) of Section 8. It means that the information which, in normal
course, is exempt from disclosure under sub-section (1) of Section
8 of the Act, would cease to be exempted if 20 years have lapsed
after occurrence of the incident to which the information relates.
However, the following types of information would continue to
be exempt and there would be no obligation, even after lapse of
20 years, to give any citizen -
i.information disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security, strategic,
scientific or economic interest of the State, relation with foreign
state or lead to incitement of an offence;
ii.information the disclosure of which would cause a breach of
privilege of Parliament or State Legislature; or
iii.Cabinet papers including records of deliberation of the Council
of Ministers, Secretaries and other Officers subject to the conditions
gives in proviso to clause (i) of sub-section (1) of Section 8
of the Act.
Right to Information Vis-à-vis Other Acts
The RTI Act has over-riding effect vis-à-vis other laws
inasmuch as the provisions of the RTI Act would have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law foe the time being in force or in
any instrument having effect by virtue of any law other than the
RTI Act.
Free for Seeking Information
An applicant, along with his application, is required to pay a
sum of Rs. 10/- as application fee in case or by way of a demand
draft or a banker’s cheque or an Indian Postal Order payable
to the Accounts Officer of the public authority,\. The applicant
may also have to pay additional fee, as prescribed by the Right
to Information (Regulation of Fee and Cost) Rules, 2005 foe supply
of information as gives below:
a.rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper)
created or copied;
b.actual charge or cost price of a copy in Larger size paper;
c.actual cost or price for samples or models;
d.for inspection of records, no fee for the first hour; and a
fee of rupee five (Rs. 5/-) for each subsequent hour (or fraction
thereof);
e.for information provided in diskette or floppy rupees fifty
(Rs50/-) per diskette of floppy; and
f.for information provided in printed from at the price fixed
for such publication or rupees two par page of photocopy for extracts
from the publication.
If the applicant belongs to ‘below poverty line (BPL)’
category, he/she is not required to pay any fee. However. He/she
should submit a proof in support of his/her claim to belong to
the below poverty line. The application not accompanied by the
prescribed fee of Rs. 10/- or proof of the applicant’s belonging
to below poverty line, as the case may be, shall not be a valid
application under the Act and, therefore, dose not entitle the
applicant to get information.
It may be noted that where the CPIO decides that the information
shall be provided on payment of fee in addition to the application
fee, CPIO is inform the applicant:
i.the details of further fees required to be paid:
ii.the calculations made to arrive at the amount of fee asked
for;
Contents and Format of Application
An applicant making request for information is not required to
give any reason for requesting the information or any other personal
details except those that may be necessary for contacting him.
Also, the Act or the Rules do not prescribe any format of application
for seeking information. Therefore, the applicant should not be
asked to give justification for give details application in any
particular form.
Transfer of Application
1.If the subject matter of the application concerns any other
public authority, it should be transferred to that public authority.
If only a part of the application concerns the other public authority,
a copy of the application may be sent to that public authority,
clearly specifying the part which relates to that public authority.
While transferring the application or sending a copy thereof,
the concerned public authority should be information that the
application fee has been received. The applicant should also be
informed about the transfer of his application and the particulars
of the public authority to whom the application or a copy thereof
has been sent.
2.Transfer of application or part thereof, as the case may be,
should be made as soon as possible and in any case within five
days from the date of receipt of the application. If a CPIO transfers
an application after five days from the receipt of the application,
he would be responsible for delay in disposing of the application
to the extent of number of days which he takes in transferring
the application beyond 5 days.
3.The CPIO of the public authority to whom the application is
transferred, should not refuse acceptance of transfer of the application
on the ground that it was not transferred to him within 5 days.
4.A public authority may designate as many CPIOs for it, as it
may deem necessary. It is possible that in a public authority
with more than one CPIO, an application is received by the CPIO
other than the concerned CPIO. In such a case, the CPIO received
by the application should transfer it to the concerned CPIO immediately,
preferable the same day. Time period of five days for transfer
of the application applies only when the application is transferred
from one public authority to another public authority and not
for transfer from one CPIO to another in the same public authority.
Supply of Information
The answering CPIO should check the information sought or a part
thereof is exempt from disclosure under section 8 or Section 9
of the Act. Request in respect of the part of the application
which is so exempt may be rejected and rest of the information
should be provided immediately or after receipt of additional
fees, as the case may be.
Supply of Part Information by Severance
Where a request is received for access to information which is
exempt from disclosure but a part of which is not exempt and such
part can be severed in such a way that the severed part dose not
contain exempt information then, access to that part of the information/record
may be provided to the applicant. Where access is granted to part
of the record in such a way, the Central public Information Officer
should inform the applicant that the information asked for the
exempt from disclosure and that only part of the record is being
provided, after severance, which is not exempt from disclosure.
While doing so, he should give the reasons for the decision, including
any finding on any material any findings on may material question
of fact, referring to the material on which those findings were
based. The CPIO should take the approval of appropriate authority
before supply of information in such a case and should inform
the name and designation of the person giving the decision to
the applicant also.
Time period for Supply of Information
1.The CPIO should supply the information within thirty days of
the receipt of the request. Where the information sought for concerns
the life or liberty of a person, the same should be provided within
forty-eight hours of the receipt of the request.
2.Every public authority is required to designate an officer at
each sub-divisional level or other sub-district level as a Central
Assistant Public Information Officer (CAPIO) to received the application
or appeals under the Act for forwarding the same the Central Public
Information Officer or the fires Appellate Authority or the Central
Information Commission, as the case may be. If request for information
is received through the CAPIO, the information may be provided
within 35 days of receipt of application by the CAPIO in normal
course and 48 hours plus 5 days in case the information sought
concerns the life or liberty of a person.
3.In case of application transferred from one public authority
to another public authority reply should be provided by the concerned
public authority within 30 days of the receipt of the application
by that public authority in normal course and within 48 hours
in case the information sought concerns the life or liberty of
a person.
4.The Central Public Information Officers of the intelligence
and security organizations specified in the Second Schedule of
the Act may receive applications seeking information pertaining
to allegations of corruption and human right violations. Information
in respect of allegation of violation of human right, which is
provided only after the approval of the Central Information Commission,
should be provided within forty-five days from the data of the
receipt of request. Time limit prescribed for supplying information
in regard to allegation of corruption is the same as in other
cases.
5.Where the application is asked to pay additional fee, the period
intervening between the dispatch of the intimation about payment
of fee and the payment of fee by the applicant shall be excluded
for the purpose of calculation the period of reply. The following
table shows the maximum time which may be taken to dispose off
the application in different situation:
Situation Time limit for disposing off applications
Supply of information in normal course 30 days
Supply of information if it concerns the life or liberty of a
person 48 days
Supply of information if the application is received through CAPIO.
05 DAYS SHALL BE ADDED TO THE TIME PERIOD INDICATED AT Sr. No.
1 and 2.
Supply of information if application/request is received after
transfer from another public authority:
a.In normal course
b.In case the information concerns the life or liberty of a person.
a.Within 30 days of the receipt of the concerned public authority.
b.Within 48 hours of receipt of the application by the concerned
public authority.
Supply of information by organizations specified in the Second
Schedule:
a.If information relates to allegations of violation of human
right.
b.In case information relates to allegations of corruption.
a.45 days from the receipt of application.
b.Within 30 days of the receipt of application.
Supply of information if it relates to third party and the third
party has treated it as confidential. Should be provided after
following the procedure given in para 32 to 36 of these guidelines.
Supply of information where the applicant is asked to pay additional
fee. The period intervening between information the applicant
about additional fee and the payment of fee by the applicant foe
calculating the period of reply.
http://rti.india.gov.in/manual3.php?pageid=5
If the CPIO fails to give decision on the request for information
within the prescribed period, the Central Public Information Officer
shall be deemed to have refused the request. It is pertinent to
note that that if a public authority fails to comply with the
specified time limit, the information to the concerned applicant
would have to be provided free of charge.
First Appeal
The information sought by an applicant should either be supplied
to him or his application should be rejected within the time prescribed
by the Act. If additional fee need be charged from the application,
communication in this regard should be sent to him within the
time limit prescribed for sending information. If the applicant
does not receive information or decision about rejection or request
or communication about payment of additional fee within the specified
time, he can make an appeal to the First Appellate Authority.
Appeal can also be made if the applicant is aggrieved by the decision
of the CPIO regarding supply of information or the quantum of
fee decided by CPIO.
Appeal in relation to Third Party Information
1.Third party in relation to the Act means a person other than
the citizen who has made be request for information. Any public
authority other than the public authority to whom the request
has been made shall also be included in the definition of third
party.
2.It may be noted that information including commercial confidence,
trade secrets or intellectual property, the disclosure of which
would harm the competitive position of a third party, is exempt
from disclosure. Section 8(I)(d) requires that such information
should not be disclosed unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information.
3.if an applicant seeks any information which relates to or has
been supplied by a third party and that third party has treated
that information as confidential, the Central Public Information
Officer should consider whether the information should be disclosed
or not. The guiding principle in such cases should be that except
in the case of trade or commercial secrets protected by law, disclosure
may be allowed if the public interest in disclosure outweighs
in importance any possible harm or injury to the interests of
such third party. However, procedure as given below should be
followed before disclosing such information. It may be noted that
this procedure need be followed only when the third party has
treated the information as confidential.
4.If the CPIO intends to disclose the information, he should within
five days from the receipt of the application, give a written
notice to the third party that the information has been sought
by the applicant under the RTI Act and that he intends to disclose
the information. He should request the third party to make a submission
in writing or orally, regarding whether the information should
be disclosed. The third party should be given a time of ten days,
from the date of receipt of the notice by him, to make representation
against the proposed disclosure, if any.
5.The Central Public Information Officer should make a decision
regarding disclosure of the information keeping in view the submission
of the third party. Such a decision should be taken within forty
days from the receipt of the request for
6.information. After taking the decision, the CPIO should give
a notice of his decision to the third party in writing. The notice
given to the third party should include a statement that the third
party is entitled to prefer an appeal under section 19 against
the decision.
7.The third party can prefer an appeal to the First Appellate
Authority against the decision made by the Central Public Information
Officer within thirty days from the date of the receipt of notice.
If not satisfied with the decision of the First Appellate Authority,
the third party can prefer the second appeal to the Central Information
Commission.
8.If an appeal has been filed by the third party against the decision
of the CPIO to disclose the third party information, to information
should not be disclosed till the appeal is decided.
Time Limit for Filling of First Appeal
The first appeal may be made within 30 days from the date of expire
of the prescribed period or from the receipt of communication
from the CPIO. If the First Appellate Authority is satisfied that
the appellant was prevented by sufficient cause from filling the
appeal, the appeal may be admitted after 30 days also.
Disposal of Appeal
Deciding appeals under the RTI Act is a quasi-judicial function.
It is, therefore, necessary that the appellate authority should
see to it that the justice is not only done but it should also
appear to have been done. In order to do so, the order passed
by the appellate authority should be a speaking order giving justification
for the decision arrived at.
Time Limit for Disposal of Appeal
The appeal should be disposed off within 30 days of receipt of
the appeal. In exception cases, the Appellate Authority may take
45 days for its disosal. However, in cases where disposal of appeal
takes more then 30 days, the Appellate Authority should record
in writing the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant
should be supplied information in addition to what has been supplied
to him by the CPIO, he may either (i) pass an order directing
the CPIO to give such information to the appellant; or (ii) he
himself may give information to the appellant while disposing
off the appeal. In the first case the appellate authority should
ensure that the information ordered by him to be supplied is supplied
to the appellant immediately. It would, however, be better if
the appellant authority chooses the second course of action and
he himself furnishes the information along with the order passed
by him in the matter.
If, in any case, the CPIO does not implement the order passed
by the appellant authority and the appellate authority feels that
intervention of higher authority is required to get his order
implemented, he should bring the matter or the notice of the officer
in the public authority competent to take action against the CPIO.
Such competent officer shall take necessary action so as to ensure
implementation of the provisions of the RTI Act.
RTI : Complaints
RTI Act confers right to access to information held by a Public
Authority on all Citizens. In case,you have been denied the access
to information you may file Appeal / Complaint before the Central
Information Commission (CIC).
When to file a Complaint
18 (1) Subject to the provisions of this Act, it shall be the
duty of the Central Information Commission or State Information
Commission, as the case may be, to receive and inquire into a
complaint from any person, -
a.who has been unable to submit a request to a Central Public
Information Officer or State Public Information Officer, as the
case may be, either by reason that no such officer has been appointed
under this Act, or because the Central Assistant Public Information
Officer or State Assistant Public Information Officer, as the
case may be, has refused to accept his or her application for
information or appeal under this Act for forwarding the same to
the Central Public Information Officer or State Public Information
Officer or senior officer specified in sub-section (1) of section
19 or the Central Information Commission or the State Information
Commission, as the case may be;
b.who has been refused access to any information requested under
this Act;
c.who has not been given a response to a request for information
or access to information within the time limit specified under
this Act;
d.who has been required to pay an amount of fee which he or she
considers unreasonable;
e.who believes that he or she has been given incomplete, misleading
or false information under this Act; and
f.in respect of any other matter relating to requesting or obtaining
access to records under this Act.
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RTI : Infoseekers
Object of the Right to Information Act
The basic object of the Right to Information Act is to empower
the citizens, promote transparency and accountability in the working
of the Government, contain corruption, and make our democracy
work for the people in real sense. An informed citizenry will
be better equipped to keep necessary vigil on the instruments
of government and make the government more accountable to the
governed. The Act has created a practical regime through which
the citizens of the country may have access to information under
the control of public authorities.
What is Information
Information is any material in any form. It includes records,
documents, memos, e-mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form. It also includes
information relating to any private body which can be accessed
by the public authority under any law for the time being in force.
Right to Information under the Act
1.A citizen has a right to seek such information from a public
authority which is held by the public authority or which is held
under its control. This right includes inspection of work, documents
and records; taking notes, extracts or certified copied of documents
or records; taking certified samples of material held by the public
authority or held under the control of the public authority.
2.The public authority under the RIT Act is not supposed to create
information; or to interpret information; or to solve the problems
raised by the applicants; or to furnish replies to hypothetical
questions. Only such information can be had under the Act which
already exists with the public authority.
3.A citizen has a right to obtain information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic mode
or through print-out provided information is already stored in
a computer or in any other device from which the information may
be transferred to diskettes.
4.The information to the applicant shall ordinarily be provided
in the form in which it is sought. However, if the supply of information
sought in a particular form would disproportionately divert the
resources of the public authority or may cause harm to the safety
or preservation of the records, supply of information in that
form may be denied.
5.The Act gives the right to information only to the citizens
of India. It does not make provision for giving information to
Corporations, Associations, Companies etc. which are legal entities/persons,
but not citizens. However, if an application is made by an employee
or office-bearer of any Corporation, Association, Company, NOG
etc. who is also a citizen of India, information shall be supplied
to him/her, provided the applicant given his/her full name. In
such cases, it will be presumed that a citizen has sought information
at the address of the Corporation etc.
Exemptions from Disclosure
The right to seek information from a public authority is not absolute.
Sections 8 and 9 of the Act enumerate the categories of information
which are exempt from disclosure. At the same time Schedule II
of the Act contains the names of the Intelligence and Security
Organisations which are exempt from the purview of the Act. The
exemption of the organization, however, does not cover supply
of information relating to allegations of corruption and human
rights violations.
The applicants should abstain from seeking information which
is exempt under Section 8 and 9 and also from the organizations
included in the Second Schedule except information relating to
allegations of corruption and human right violations.
Central Public Information Officers
Application for seeking information should be made to an officer
of the public authority who is designated as Central Public Information
Officer (CPIO). All the public authorities have designated their
Central Public Information Officer and have posted their particulars
on their respective web-sites. This information is also available
on the ‘RTI PORTAL’ (www.rti.gov.in). Persons seeking
information are advised to refer to the web-site of the concerned
public authority of the ‘RIT PORTAL’ for ascertaining
the name of the concerned CPIO. If it is found difficult to identify
or locate the concerned Central Public Information Officer of
a public authority, application may be sent to the Central Public
Information Officer without specifying the name of the CPOI at
the address of the public authority.
Assistance Available From CPIOs
The Central Public Information Officer shall render reasonable
assistance to the persons seeking information. If a person is
unable to make a request in writing, he may seek the help of the
CPIO to write his application. Where a decision is taken to give
access to a sensorily disabled person to any document, the Central
Public Information Officer, shall provided such assistance to
enable access to information, including providing such assistance
to the person as may be appropriate for the inspection.
Suo Motu Disclosure
The Act makes it obligatory for every public authority to make
suo-motu disclosure in respect of the particulars of its organization,
functions, duties etc. as provided in section 4 of the Act. Besides,
some public authorities under the Central Government have published
other information and have posted them on their websites.
Method of Seeking Information
A citizen who desires to obtain any information under the Act,
should make an application to the Central Public Information Officer
(CPIO) of the concerned public authority in writing in English
or Hindi or in the official language of the area in which the
application is made. The applicant can send the application by
post or through electronic means or can deliver it personally
in the office of the public authority. The application can also
be sent through a Central Assistant Public Information Officer
appointed by the Department of Post at sub-divisional level or
other sub-district level.
Fee for Seeking Information
The applicant, along with the application, should send a demand
draft or a banker’s cheque or an Indian Postal Order of
Rs10/- (Rupees ten), payable to the Accounts Office of the public
authority as fee prescribed for seeking information. The payment
of fee can also be made by way of cash to the Account Officer
of the Public authority or to the Central Assistant Public Information
Officer against proper receipt.
The applicant may also be required to pay further fee towards
the cost of providing the information, details of which shall
be intimated to the applicant by the CPIO as prescribed by the
Right Information (Regulation of Fee and Cost) Rules, 2005. Rates
of fee as prescribed in the Rules are given below:
a.rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper)
created or copied;
b.actual charge or cost price of a copy in large size paper;
c.actual cost or price for samples or models;
d.for inspection of records, no fee for the first hour; and a
fee of rupees five (Rs.5/-) for each subsequent hour (or fraction
thereof);
e.for information provided in diskette or floppy rupees fifty
(Rs.50/-) per diskette or floppy; and
f.for information provided in printed form at the price fixed
for such publication or rupees two per page of photocopy for extracts
from the publication.
If the applicant belongs to below poverty line (BPL) category,
he is not required to pay any fee. However, he should submit a
proof in support of his claim to belong to the below poverty line.
The application not accompanied by the prescribed fee of Rs.10/-
or proof of the applicant’s belonging to below poverty line,
as the case may be, shall not be a valid application under the
Act and therefore, does not entitle the applicant to get information.
Format of Application
There is no prescribed form of application for seeking information.
the application can be made or plain paper. The application should,
however, have the name and complete postal address of the applicant.
Even in cases where the information is sought electronically,
the application should contain name and postal address of the
applicant.
The information seeker is not required to give reasons for seeking
information.
Disposal of the Request
1.The CPIO is required to provided information to the applicant
within thirty days of the receipt of a valid application. If the
information sought for concerns the life or liberty of a person,
the information shall be provided within forty-eight hours of
the receipt of the request. If the CPIO is of the view that the
information sought for cannot be supplied under the provisions
of the Act, the would reject the application. However, while rejecting
the application, he shall inform the applicant the reasons for
such rejection and the particulars of the appellate authority.
He would also inform the applicant the period with which appeal
may be preferred.
2.If an applicant is required to make payment for obtaining information,
in addition to the application fee, the Central Public Information
Officer would inform the applicant about the details of further
fees alongwith the calculation made to arrive at the amount payable
by the applicant. After receiving such a communication from the
CPIO, the applicant may deposit the amount by way of cash against
proper receipt or by Demand Draft or by Banker’s cheque
or by Indian Postal Order in favour of the Accounts Officer of
the concerned public authority. The CPIO is under no obligation
to make available the information if the additional fee intimated
by him is not deposited by the applicant.
3.Where an additional fee is required to be paid, the period intervening
between the dispatch of the intimation regarding payment of additional
fee and payment of fee by the applicant shall be excluded for
the purpose of computing the period of thirty days within which
the CPIO is required to furnish the information.
4.If the CPIO fails to send decision on the request on the information
within the period of thirty days or forty-eight hours, as the
case may be, the information may be deemend to have been refused.
First Appeal
If an applicant is not supplied information within the prescribed
time thirty days or 48 hours, as the case may be, is not satisfied
with the information furnished to him, be may prefer an appeal
to the first appellate authority who is an officer senior in rank
to the CPIO. Such an appeal, should be filed within a period or
thirty days from the date on which the limit of 30 days of supply
of information is expired or from the data on which the information
or decision of the CPIO is received.
The appellate authority of the public authority shall dispose
of the appeal within a period of thirty days or in exceptional
cases with 45 days of the receipt of the appeal.
Second Appeal
If the appellate authority fails to pass an order on the appeal
within the prescribed period or if the appellant is not satisfied
with the order of the first appellate authority, he may prefer
a second appeal with the Central Informational Commission within
ninety days from the date on which the decision should have bee
made by the first appellate authority or was actually received
by the appellant. The appeal made to the Central Informational
Commission should contain the following information:-
i.Name and address of the appellant;
ii.Name and address of the Central Public Information Officer
against the decision of whom the appeal is preferred;
iii.Particulars of the order including number, if any, against
which the appeal is preferred;
iv.Brief facts leading to the appeal;
v.If the appeal is preferred against deemed refusal, particulars
of the application including number and date and name and address
of the Central Public Information Officer to whom the application
was made; Prayer or relief sought;
vi.Grounds for prayer or relief;
vii.Verification by the appellant; and
viii.Any other information, which the Commission may deem necessary
for deciding the appeal.
The appeal made to the Central Informational Commission should
be accompanied by the following documents:
i.Self-attested copies of the order or documents against which
appeal is made;
ii.Copies of the documents relied upon by the appellant and referred
to in the appeal; and
iii.An index of the documents referred to in the appeal.
Complaints
If any person is unable to submit a request to a Central Public
information Officer either by reason that such an officer has
not been appointed by the concerned public authority; or the Central
Assistant Central Public information Officer has refused to accept
his or her application or appeal for forwarding the same to the
Central Public information Officer or the appellate authority,
as the case may be; or he has been refused access to any information
requested by him under the RTI Act; or he has not been given a
response to a request for information within the time limit specified
in the Act; or he has been required to pay an amount of fee which
he considers unreasonable; or he believes that he has been given
incomplete, misleading or false information, he can make a complaint
to the Central information Commission.
Disposal of Appeals and Complaints by the CIC
The Central information Commission decided the appeals and complaints
and conveys its decision to the appellant/complainant and first
appellate authority/CPIO. The Commission may decide an appeal/complaint
after hearing the parties to the appeal/complaint or by inspection
of documents produced by the appeal/complaint and CPIO or such
senior officer of the public authority who decided the first appeal.
If the Commission will inform of the date of hearing to the applicant
or the complainant at least seven clear days before the date of
hearing. The appeal/complaint has the discretion to be present
in person or through his authorized representative at the time
of hearing or may opt not to be present.
Important Web-sites
Given below are the addresses of some important web-sites which
contain substantial information relevant to the right to information:
i.Portal of the Government of India (http://indiaimage.nic.in).
ii.Portal on the Right to Information (www.rti.gov.in).
iii.Website of the Central Information Commission (http://cic.gov.in)
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