RENSAN EXPERT GUIDE FOR IP LDCE BY MANJU & RENU, RENSAN07122015@GMAIL.

COM

 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, it is expedient to provide for furnishing
certain information to citizens who desire to have it
 The act was enacted by Parliament in the 56 th Year
of the Republic of India on 15th of June 2005, this
acts Sub Section 1 of section 4, Sub Section 1 &2 of
Section5, Section 12, 13, 15, 16, 24, 27 and 28 was
enacted on 120th day of its enaction and this act
was fully came into force on 15th of October 2005.
 The Act is also called no. 22 of 2005 Act
 This Act has 6 Chapter’s and 31 Sections.
 Tamilnadu is the state where this Act was first
came into force in India.

CHAPTER 1 – PRELIMINARY
 Section 1 - Short title, extent and commencement -
This Act may be called the Right to Information
Act, 2005.It extends to the whole of India except
the State of Jammu and Kashmir.
 Section 2 – Definitions–This act has 14 Definitions
which are as below -
1. Appropriate Government - means in relation to
a public authority which is established,
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constituted, owned, controlled or substantially

financed by funds provided directly or indirectly
by the Central Government or the Union
territory administration or the State
Government.
2. Central Information Commission - means the
Central Information Commission constituted
under sub-section (1) of section12.
3. 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 section5.
4. “Chief Information Commissioner” and
"Information Commissioner"- mean the Chief
Information Commissioner and Information
Commissioner appointed under sub-section (3)
of section 12.
5. Competent authority – means 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; the Chief Justice
of India in the case of the Supreme Court; the
Chief Justice of the High Court in the case of a
High Court; the President or the Governor, as
the case may be, in the case of other authorities
established or constituted by or under the
Constitution; the administrator appointed
under article 239 of the Constitution.
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6. Information - Means any material in any form,

including records, documents, 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;
7. Prescribed - means prescribed by rules made
under this Act by the appropriate Government
or the competent authority, as the case maybe;
8. Public authority - means any authority or body
or institution of self- government established or
constituted by or under the Constitution; any
other law made by Parliament; by notification
issued or order made by the appropriate
Government.
9. Record includes any document, manuscript,
File, microfilm, microfiche and facsimile copy of
a document, any reproduction of image or
images embodied in such microfilm (whether
enlarged or not); and any other material
produced by a computer or any other device.
10. 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 –
a. inspection of work, documents, records.
b. taking notes, extracts or certified copies of
documents or records.
c. taking certified samples of material.
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d. 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 otherdevice.
11.State Information Commission - means the
State Information Commission constituted
under sub-section (1) of section15.
12.“State Chief Information Commissioner" and
"State Information Commissioner" - means the
State Chief Information Commissioner and
the State Information Commissioner
appointed under sub- section (3) of section15.
13.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
section5.
14.Third party - means a person other than the
citizen making a request for information and
includes a public authority.

CHAPTER 2
RIGHT TO INFORMATION AND
OBLIGATIONS OF PUBLIC
AUTHORITIES
 Section 3 - Right to information - Subject to the
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provisions of this Act, all citizens shall have the

right to information.
 Section 4 - Obligations of public authorities–There
is a 17 types of Obligations specified in this section
for smooth functioning of RTI Act, some important
obligations are as below -
1. The norms set by it for the discharge of its
functions;
2. 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;
3. a directory of its officers and employees;
4. details in respect of the information, available
to or held by it, reduced in an electronic form.
5. 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;
6. such other information as may be prescribed;
and thereafter update these publications every
year.
7. publish all relevant facts while formulating
important policies or announcing the decisions
which affect public;
8. provided reasons for its administrative or
quasi-judicial decisions to affected persons.
 Section 5 - Designation of Public Information
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Officers - 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.
 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.
 Section 6 - Request for obtaining information - 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.
 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.
 the public authority, to which such application
is made, shall transfer the application
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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.
 Section 7 - Disposal of request - 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 and9:
 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.
 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. 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;
 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
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the appropriate Government.

 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).
 Section 8 - Exemption from disclosure of
information - Notwithstanding anything contained
in this Act, there shall be no obligation to give any
citizen -
1. 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.
2. 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.
3. information, the disclosure of which would
cause a breach of privilege of Parliament or the
State Legislature.
4. 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
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information.
5. 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.
6. information received in confidence from foreign
Government.
7. 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.
8. information which would impede the process
of investigation or apprehension or prosecution
of offenders.
9. 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:
10. 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
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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.
11. 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.
 Section 9 - Grounds for rejection to access in
certain cases - 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.
 Section 10 - Severability - 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.
 Where access is granted to a part of the record
under sub-section (1), the Central Public
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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 werebased;
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.
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.
 Section 11 - Third party information - 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
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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, 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.
 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 proposeddisclosure.
 Notwithstanding anything contained in section
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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.
 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.