The Right to

Information Act 2005

Shailesh Gandhi, Convenor
National Campaign for Peoples Right to
Information NCPRI
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Origins
The first FOI Law was enacted in Sweden on 2nd
December, 1766.
It was primarily sponsored by a Finnish clergyman
Anders Chydenius.
Anders is said to have been inspired by Confucian
philosophy (5 B.C.) that Chinese emperors were
expected to admit their imperfections,even as they
were to uphold infallible and exemplar personal
conduct.
Indian Context- Raj Narain; Rajasthan; Tamilnadu;
NCPRI

Prakash Aware

PREAMBLE

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 Goverments 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

Public Authorities Section 2h

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 organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;

*PMNRF

PIOs and APIOs

5 (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.

Section 7

7 (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 (I).
(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 subsection (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;
(iii) the particulars of the appellate authority.
* High Court

PIO and applicant

5 (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(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.

Information Section 2f
(f) "information" means any material in any
form, including records, documents, memos, emails, 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;
Subject to Section 8 (1) & (2)
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Right to Information Sec 2j

(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; .

RTI Act 2005Responsibilities of Public Authorities

Contd..

Providing reasons for its administrative or

quasi judicial decisions to affected
persons (4(1)(d)).
Providing information suo moto (4(2)).
Providing information to Information
Commission (25(2)).

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RULES
Each State and the Central Government as well as the
Competent Authorities given the authority to make rules.
Rules prescribe application fees, format for applying and
appeals procedures and formats.
Maharashtra and Karnataka application fee 10 rupees
Court Fee stamp most convenient.
Central Government- application fees 10 rupees 600
Post offices across the Country. 10 rupee Indian Postal
Order most convenient.

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RULES- Further Fees Maharashtra & Central

Government
2 rupees per page for upto A4 size- photocopy or
collated.
50 rupees for CD.
Appeal fees Rs. 20 for first and second appeals in
Maharashtra, and no appeal fees for Central
Government.
If information given after the mandated period of 30
days, no further fees can be charged and information
has to provided free of cost.- Section 7 (6)
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30 day period
PIO gets RTI application day 1
PIO sends a letter by ordinary mail to applicant
to deposit additional fees- 30 day clock stops.
30 day clock again starts after additional fees
paid
If no reply in 30 days, it is deemed refusal
without reason. Section 7 (1) & (2)
Onus to prove denial was justified on PIOSection 19 (5).
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FIRST APPEAL
If not satisfied with PIOs order, or if no order received in
30 days, applicant goes in First appeal.
Time for first appeal within 30 days of PIOs order, or
within 30 days of deemed refusal- 60 days
PIO must inform name and designation of first appellate
authority, failing which, file first appeal to First appellate
Authority,
C/o PIO
First appellate authority senior to PIO in same organisation.
First appeal to be disposed in 30 days.
Otherwise Deemed refusal.
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Second Appeal
Second appeal to Information Commission
within 90 days.
Information Commission is an
independent body created only to monitor
and ensure proper implementation of RTI.
It has to dispose second appeals and
complaints.
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The RTI Act 2005 Exemptions

Exempt information: (8(1))
a. Where disclosure prejudicially affects 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. Release of which has been expressly forbidden by any court
or tribunal or may be contempt of court;Sub-Judice information is not exempt
c. Where disclosure would cause a breach of privilege of
Parliament or Legislature;
d. Commercial confidence, trade secrets or intellectual property,
where disclosure would harm competitive position ,
e. available to a person in his fiduciary relationship, unless larger
public interest so warrants;
f. received in confidence from foreign government;

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RTI Act 2005-Exemptions contd.

g. endangers life or physical safety or identifies confidential
source of information
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:
j) personal information which has no relation to any public
activity or interest, or would cause invasion of the privacy
unless larger public interest justifies it.

Provided that the information, which cannot be denied

to the Parliament or a State Legislature shall not
be denied to any person.
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RTI Act 2005-Exemptions contd.

8 (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 interests in disclosure outweighs the
harm to the protected interests.
* Surupsingh Naik
Most exempt information to be released after 20
years (except a, c and h above) (8(3)).
Infringes copyright, except of the state (9).
Severability Section 10.
Third party information to be released after
giving notice to third party (11).
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RTI Act 2005 Appeals & Complaints

First appeal with senior in the department
Second appeal with Information Commission
Appeal to be disposed of in 30/45 days
Onus of proof on refuser PIO.
Independent Central/State Information
Commissions, as appellate/supervisory authority.
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. (22)
Over-rides all previous Acts.

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RTI Act 2005 Penalties- Section 20

Where the..Information Commissionat the time of deciding any

complaint or appeal is of the opinion that the.. Public Information Officer
has, without any reasonable cause, (i)refused to receive an application for
information or (ii)has not furnished information within the time specified
under sub-section (1) of section 7 or (iii)malafidely denied the request for
information or (iv)knowingly given incorrect, incomplete or misleading
information or (v)destroyed information which was the subject of the
request or (vi)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 Public Information Officer 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

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RTI 2005
An Act to Provide Information.
Public interest is Paramount.
Leads to true participatory democracySWARAJ.
Transparency brings flaws and faults upfront and
improves systems and governance.
Truth and Sunlight are healthy.
Crawford Market, Lease lands

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A prayer for our Country

Where the mind is without Fear and the Head is held high,
Where wealth is not the concubine of the unethical and
dishonest,
Whence peace, truth, love and reason prevail;
Where humankind has not been fragmented into caste,
language, religion, by Mandals, Netas and brokers of God;
Where values and culture unify all people,
Where India becomes a proud and caring mother to its
children,
Whence Humanity becomes our creed;
Into that heaven of Freedom my Father, let my Country awake.
(With a lump in my throat, apologies to Gurudev Tagore)

shailesh gandhi

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Mera Bharat Mahaan

Mera Bharat Mahaan

Nahi Hai,

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Mera Bharat Mahaan

Nahi Hai,
Per Yeh Dosh Mera Hai.

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