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1. |
When does it come into force? |
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It came into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect -- obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28). |
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2. |
Who is covered? |
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The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)] |
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3. |
What does information mean? |
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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 but does not include "file notings" [S.2(f)]. |
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4. |
What does Right to Information mean? |
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It includes the right to -
- inspect works, documents, records.
- take notes, extracts or certified
copies of documents or records.
- take certified samples of material.
- obtain information in form of
printouts, diskettes, floppies, tapes,
video cassettes or in any other
electronic mode or through
printouts.[S.2(j)]
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Officers
and their Obligation |
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1. |
What are the obligations of public
authority? |
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It shall publish within one hundred and
twenty days of the enactment:-
- the particulars of its organization,
functions and duties;
- the powers and duties of its
officers and employees;
- the procedure followed in its
decision making process, including
channels of supervision and
accountability;
- the norms set by it for the
discharge of its functions;
- the rules, regulations,
instructions, manuals and records used
by its employees for discharging its
functions;
- a statement of the categories of the
documents held by it or under its
control;
- the particulars of any arrangement
that exists for consultation with, or
representation by the members of the
public, in relation to the formulation
of policy or implementation thereof;
- a statement of the boards, councils,
committees and other bodies consisting
of two or more persons constituted by
it. Additionally, information as to
whether the meetings of these are open
to the public, or the minutes' of such
meetings are accessible to the public;
- a directory of its officers and
employees;
- the monthly remuneration received by
each of its officers and employees,
including the system of compensation
as provided in its regulations;
- the budget allocated to each of its
agency, indicating the particulars of
all plans, proposed expenditures and
reports on disbursements made;
- the manner of execution of subsidy
programmes, including the amounts
allocated and the details and
beneficiaries of such programmes;
- particulars of recipients of
concessions, permits or authorizations
granted by it;
- details of the information available
to, or held by it, reduced in an
electronic form;
- 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;
- the names, designations and other
particulars of the Public Information
Officers.[S.4(1)(b)]
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2. |
What does a "public authority"
mean? |
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It means any authority or body or
institution of self-government established
or constituted: [S.2(h)]
- by or under the Constitution;
- by any other law made by Parliament;
- by any other law made by State
Legislature;
- by notification issued or order made by the appropriate
Government.and includes any
- body owned, controlled or
substantially financed
- non-Government organization substantially financed directly or indirectly by the appropriate Government.
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3. |
Who are Public Information Officers (PIOs)? |
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PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. |
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4. |
What are the duties of a PIO? |
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- PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.
- If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.
- PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
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- PIO, on receipt of a request, shall
as expeditiously as possible, and in
any case within 30 days of the receipt
of the request, either provide the
information on payment of such fee as
may be prescribed or reject the
request for any of the reasons
specified in S.8 or S.9.
- Where the information requested for
concerns the life or liberty of a
person, the same shall be provided
within forty-eight hours of the
receipt of the request.
- If the PIO fails to give decision on
the request within the period
specified, he shall be deemed to have
refused the request.
- Where a request has been rejected,
the PIO shall communicate to the
requester - (i) the reasons for such
rejection, (ii) the period within
which an appeal against such rejection
may be preferred, and (iii) the
particulars of the Appellate
Authority.
- PIO shall provide information in the
form in which it is sought unless it
would disproportionately divert the
resources of the Public Authority or
would be detrimental to the safety or
preservation of the record in
question.
- If allowing partial access, the PIO
shall give a notice to the applicant,
informing:
- that only part of the record
requested, after severance of the
record containing information
which is exempt from disclosure,
is being provided;
- the reasons for the decision,
including any findings on any
material question of fact,
referring to the material on which
those findings were based;
- the name and designation of the
person giving the decision;
- the details of the fees
calculated by him or her and the
amount of fee which the applicant
is required to deposit; and
- his or her rights with respect
to review of the decision
regarding non-disclosure of part
of the information, the amount of
fee charged or the form of access
provided.
- If information sought has been
supplied by third party or is treated
as confidential by that third party,
the PIO shall give a written notice to
the third party within 5 days from the
receipt of the request and take its
representation into consideration.
- Third party must be given a chance
to make a representation before the
PIO within 10 days from the date of
receipt of such notice.
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What
information is available? |
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1. |
What is not open to disclosure? |
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The following is exempt from disclosure
[S.8)]
- information, disclosure of which
would prejudicially affect the
sovereignty and integrity of India,
the security, strategic, scientific or
economic interests of the State,
relation with foreign State or lead to
incitement of an offence
- 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;
- information, the disclosure of which
would cause a breach of privilege of
Parliament or the State Legislature;
- 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;
- 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;
- information received in confidence
from foreign Government;
- 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;
- information which would impede the
process of investigation or
apprehension or prosecution of
offenders;
- cabinet papers including records of
deliberations of the Council of
Ministers, Secretaries and other
officers;
- information which relates to
personal information the disclosure of
which has no relationship to any
public activity or interest, or which
would cause unwarranted invasion of
the privacy of the individual;
- Notwithstanding any of the
exemptions listed above, a public
authority may allow access to
information, if public interest in
disclosure outweighs the harm to the
protected interests.
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2. |
Is partial disclosure allowed? |
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Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10] |
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3. |
Who is excluded? |
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Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)] |
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Procedure
for request of information |
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1. |
What is the Application Procedure for
requesting information? |
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- Apply in writing or through
electronic means in English or Hindi
or in the official language of the
area, to the PIO, specifying the
particulars of the information sought
for.
- Reason for seeking information are
not required to be given;
- Pay fees as may be prescribed (if
not belonging to the below poverty
line category).
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2. |
What is the time limit to get the
information? |
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- 30 days from the date of application
- 48 hours for information concerning
the life and liberty of a person
- 5 days shall be added to the above
response time, in case the application
for information is given to Assistant
Public Information Officer.
- If the interests of a third party
are involved then time limit will be
40 days (maximum period + time given
to the party to make representation).
- Failure to provide information
within the specified period is a
deemed refusal.
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3. |
What is the fee? |
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- Application fees to be prescribed
which must be reasonable.
- If further fees are required, then
the same must be intimated in writing
with calculation details of how the
figure was arrived at;
- Applicant can seek review of the
decision on fees charged by the PIO by
applying to the appropriate Appellate
Authority;
- No fees will be charged from people
living below the poverty line
- Applicant must be provided
information free of cost if the PIO
fails to comply with the prescribed
time limit.
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4. |
What could be the ground for rejection? |
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- If it is covered by exemption from
disclosure. (S.8)
- If it infringes copyright of any
person other than the State. (S.9)
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Information
Commissions |
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1. |
How is Central Information Commission
constituted? |
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- Central Information Commission to be
constituted by the Central Government
through a Gazette Notification.
- Commission includes 1 Chief
Information Commissioner (CIC) and not
more than 10 Information Commissioners
(IC) who will be appointed by the
President of India.
- Oath of Office will be administered
by the President of India according to
the form set out in the First
Schedule.
- Commission shall have its
Headquarters in Delhi. Other offices
may be established in other parts of
the country with the approval of the
Central Government.
- Commission will exercise its powers
without being subjected to directions
by any other authority. (S.12)
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2. |
What is the eligibility criteria and
what is the process of appointment of CIC/IC? |
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- Candidates for CIC/IC must 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.
- CIC/IC shall not be a Member of
Parliament or Member of the
Legislature of any State or Union
Territory. He shall not hold any other
office of profit or connected with any
political party or carrying on any
business or pursuing any profession.
(S.12)
- Appointment Committee includes Prime
Minister (Chair), Leader of the
Opposition in the Lok Sabha and one
Union Cabinet Minister to be nominated
by the Prime Minister.
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3. |
What is the term of office and other
service conditions of CIC? |
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- CIC shall be appointed for a term of
5 years from date on which he enters
upon his office or till he attains the
age of 65 years, whichever is earlier.
- CIC is not eligible for
reappointment.
- Salary will be the same as that of
the Chief Election Commissioner. This
will not be varied to the disadvantage
of the CIC during service. (S.13)
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4. |
What is the term of office and other
service conditions of IC? |
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- IC 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 IC.
- Salary will be the same as that of
the Election Commissioner. This will
not be varied to the disadvantage of
the IC during service.
- IC is eligible for appointment as
CIC but will not hold office for more
than a total of five years including
his/her term as IC. (S.13)
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5. |
How is the State Information Commission
constituted? |
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- The State Information Commission
will be constituted by the State
Government through a Gazette
notification. It will have one State
Chief Information Commissioner (SCIC)
and not more than 10 State Information
Commissioners (SIC) to be appointed by
the Governor.
- Oath of office will be administered
by the Governor according to the form
set out in the First Schedule.
- The headquarters of the State
Information Commission shall be at
such place as the State Government may
specify. Other offices may be
established in other parts of the
State with the approval of the State
Government.
- The Commission will exercise its
powers without being subjected to any
other authority.
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6. |
What is the eligibility criterion and
what is the process of appointment of
State Chief Information Commissioner/State
Information Commissioners? |
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The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.
The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government. (S.15)
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7. |
What are the powers and functions of
Information Commissions? |
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- The Central Information
Commission/State Information
Commission has a duty to receive
complaints from any person -
- who has not been able to submit
an information request because a
PIO has not been appointed ;
- who has been refused information
that was requested;
- who has received no response to
his/her information request within
the specified time limits ;
- who thinks the fees charged are
unreasonable ;
- who thinks information given is
incomplete or false or misleading
;and
- any other matter relating to
obtaining information under this
law.
- Power to order inquiry if there are
reasonable grounds.
- CIC/SCIC will have powers of Civil
Court such as -
- summoning and enforcing
attendance of persons, compelling
them to give oral or written
evidence on oath and to produce
documents or things;
- requiring the discovery and
inspection of documents;
- receiving evidence on affidavit
;
- requisitioning public records or
copies from any court or office
- issuing summons for examination
of witnesses or documents
- any other matter which may be
prescribed.
- All records covered by this law
(including those covered by
exemptions) must be given to CIC/SCIC
during inquiry for examination.
- Power to secure compliance of its
decisions from the Public Authority
includes-
- providing access to information
in a particular form;
- directing the public authority
to appoint a PIO/APIO where none
exists;
- publishing information or
categories of information;
- making necessary changes to the
practices relating to management,
maintenance and destruction of
records ;
- enhancing training provision for
officials on RTI;
- seeking an annual report from
the public authority on compliance
with this law;
- require it to compensate for any
loss or other detriment suffered
by the applicant ;
- impose penalties under this law;
or
- reject the application. (S.18
and S.19)
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8. |
What is the reporting procedure? |
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- Central Information Commission will
send an annual report to the Central
Government on the implementation of
the provisions of this law at the end
of the year. The State Information
Commission will send a report to the
State Government .
- Each Ministry has a duty to compile
reports from its Public Authorities
and send them to the Central
Information Commission or State
Information Commission, as the case
may be.
- Each report will contain details of
number of requests received by each
Public Authority, number of rejections
and appeals, particulars of any
disciplinary action taken, amount of
fees and charges collected etc.
- Central Government will table the
Central Information Commission report
before Parliament after the end of
each year. The concerned State
Government will table the report of
the State Information Commission
before the Vidhan Sabha (and the
Vidhan Parishad wherever applicable).
(S.25)
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Role
of the Governments |
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1. |
What is the role of Central/State
Governments? |
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- Develop educational programmes for
the public especially disadvantaged
communities on RTI.
- Encourage Public Authorities to
participate in the development and
organization of such programmes.
- Promote timely dissemination of
accurate information to the public.
- Train officers and develop training
materials.
- Compile and disseminate a User Guide
for the public in the respective
official language.
- Publish names, designation postal
addresses and contact details of PIOs
and other information such as notices
regarding fees to be paid, remedies
available in law if request is
rejected etc. (S.26)
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2. |
Who has the Rule making power? |
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Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
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3. |
Who has the power to deal with the
difficulties while implementing this act? |
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If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)
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Please visit http://www.righttoinformation.gov.in
for more information |