Welcome to

Lecture on

BY
SANJAY GUPTA
DEPUTY SECRETARY, ICAR
(Portfolio:-Adm/WS/Cash/Welfare Officer/Governance Cell)
Right to Information Act, 2005
• Provides a legal framework of
citizens’ democratic right to access
to information under the control of
public authorities;
• To promote transparency and
accountability in the functioning of
every public authority

3
 COVERAGE
• Came into effect from 12 October, 2005.

• Covers central, state and local governments,

all bodies owned, controlled or substantially
financed by government;

• Non-government organization substantially

financed, directly or indirectly by funds
provided by the appropriate Govt.
4
 COVERAGE (continued)
 Covers the executive, judiciary
and legislature

 Includes information relating to

any private body which can be
accessed by a public authority
under any other law for the time
being in force.
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 INFORMATION
• Means any material in any form,
including records, documents, memos,
e-mails, opinions, advice, press
releases, circulars, orders, logbooks,
contracts, reports, papers, samples,
models, data material held in any
electronic form.

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 RECORD
Record includes –
• Any document, manuscript and file;
• Any microfilm, microfiche and facsimile copy
of a document;
• Any reproduction of image or images;
embodies in such microfilm (whether enlarged
or not; and

• Any other material produced by a computer or

any other device.

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 Change in Scenario
• Records Management
- In earlier times, it was Storage Driven.
- In new environment, now it is Retrieval Driven

 Flow of Information
- Earlier flow of communication was inward (to
Superiors only).
- Now it is Outward (to all the Citizens)

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 Change in Scenario
• Regime
- Earlier for information, there was a Restrictive
Regime.
- Now it is time for suo motu disclosures.
 Arbitrariness
- Earlier, there was greater scope for
arbitrariness in decision making.
- RTI Act, is intended to bring about more
transparent and ethical decisions making.
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 So RTI will lead to:-
• Improve Records Management

• Computerization

• Put more information suo motu in the Public

Domain

• Facilitating easy and relatively safe access

for public

• Awareness about the utility of whistle

blowers 10
 So RTI will lead to:-
• Improve Decision Making process
• Critically examine the existing operating
procedures including channels of
supervision and accountability

• Develop standards of performance/norms

• Review operating Manuals

• Set up Documentation/Learning Resource

Centers
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 PUBLIC AUTHORITY
• Designation of CPIOs/APIOs etc.
• Timely submission Annual Report on RTI
• Maintenance and Computerization of Records
• Suo Motu Disclosure
• Section 4(1)(b) of the Act, in particular, requires every
public authority to publish sixteen categories of
information
• (i.e. the particulars of its organization, functions and duties; the powers and
duties of its officers and employees; the procedure followed in the 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, etc. etc.)

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 PUBLIC AUTHORITY
(contd..)
• Dissemination of Information
• It may be done through notice boards, newspapers, public
announcements, media broadcast, the internet or any 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 Decisions.
• Providing Reasons for Decisions.
• Compliance with the Orders of the CIC

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 Information seeker
 A Citizen has a right to seek information
from a public authority which is held by
the public authority

 This right includes inspection of work,

documents and records; taking notes,
extracts or certified copies of
documents or records; taking certified
samples of material

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 Information seeker (contd..)

An applicant, along with his application, is required to pay a

sum of Rs.I0/- as application fee in cash 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 as
prescribed by the Right to Information (Regulation of Fee and
Cost) Rules, 2005 for supply of information

(a) rupees two (Rs. 2/-) for each page

(b) 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) etc.
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 Information seeker (contd..)

• 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.l 0/- 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.
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 Duties and Responsibilities of CPIOs
(Contd..)

• Accept requests for Information

• Render reasonable assistance to citizens requesting for information
– Reduce oral request into writing
– Assist sensorily disabled persons

• Seek assistance of any other officer where necessary but information is to be

provided by CPIO

• Disposal of Requests

• Communicate the right to appeal and the details of the Appellate Authority to
whom the applicant can appeal.
 (Contd….)
CPIO
• The Act gives the right to information only to the citizens
of India.

• Corporations, Associations, Companies etc. which are

legal entities/persons, are not citizens.

• However, if an employee or office-bearer of any

Corporation, Association, Company etc. indicating his name
seeks information, it may be supplied to him/her.

• 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 furnish18
replies to hypothetical questions.
 (Contd..)
CPIO
PIOs/APIOs shall accept request in writing/electronic means:
• In English, Hindi or official language of the area
• Accompanied by prescribed fees
• With contact details (Name/Address)
• With particulars of information specified
• No Fees for persons Below Poverty Line
• Reasons for seeking information not required

Provide Information
The 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
or reject the request for any of the reasons specified in sections 8 and 9.
Transfers the application / part of it to another public authority, if required.
Transfer the application within five days of receipt of application
Informs the applicant about such transfers.
Makes necessary entries in the Register being maintained 19
 CPIO (Contd..)

Third Party Information

Where the PIO intends to disclose any information, which
relates to or has been supplied by a third party and has been
treated as confidential by that third party, the PIO shall,

within five days from the receipt of the request,

• give a written notice to such third party and
• invite the third party to make a submission in writing or
orally, and
• such submission shall be kept in view while taking a
decision.

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 (Contd..)
CPIO
Deemed refusal
If the PIO fails to give decision on the request for Information
within the period specified, the PIO shall be deemed to have
refused the request.

Time limits
• Within 30 days from the date of receipt of request in
general cases
• Within 48 hours of receipt of request in cases where the
information sought for concerns the life or liberty of a
person
• Add five days , where an application is given to the APIO

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 (Contd..)
CPIO
Rejection of Requests
where a request has been rejected, the PIO 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

Action in Good Faith

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 there under

Supplementary Roles of PIOs

•Proper Records Management
•Be alert about decisions of Information Commission
•Maintain register of requests for information and decisions taken on the
same
•Speaking Orders
 TIME LIMITS
The time limits prescribed under the Act for disposal of requests for information
are as follows:
 
30 days: On receipt of a request for information, the PIO has
either to provide information on payment of such fees as prescribed or
reject the request with reasons for the same.
 
48 hours: If the information sought concerns the life or liberty of a
person, the same has to be provided immediately, in any case, within
48 hours.
 
35 days: 5 more days to be added to the above time limits if the
application is submitted to the Assistant Public Information Officer.
 

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 TIME LIMITS (CONTD..)

40 days: of request inviting such third party to make a

submission). Where third party is involved (If the PIO intends to
disclose any information which relates to or has been supplied
by a third party and has been treated as confidential by it, the
PIO has to give a written notice to such third party within 5 days
from the receipt
 
45 days: Information pertaining to allegations of human
right violations from scheduled security and intelligence
agencies. Under Section 6 (3) of the Act, if a request application
is made to a public authority on a subject that pertains to another
public authority, the same shall be transferred to that other
authority within 5 days from the date of receipt of the application.
The other public authority will be subject to time limit for disposal
from the date of receipt of the application.
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 TIME LIMITS (Contd…)

• If a public authority fails to comply with the specified

time limit, the information would have to be provided
free of charge.

• 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 applicant,
communication in this regard should be sent to him
within the time limit prescribed for sending
information.
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 FIRST APPELLATE AUTHORITY

• If the applicant does not receive information or

decision about rejection of 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 the CPIO.
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 FIRST APPELLATE AUTHORITY (Contd…)

 The first appeal may be made within 30 days from the

date of expiry 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 filing the appeal, the appeal may be admitted after
30 days also.

 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.
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 FIRST APPELLATE AUTHORITY
Time Limit for Disposal of Appeal (Contd…)

• The appeal should be disposed of within 30 days of receipt of the appeal. In

exception cases, the Appellate Authority may take 45 days for its disposal.
However, in cases where disposal of appeal takes more than 30 days, the
Appellate Authority should record in writing the reasons for such delay.

• If an appellate authority decides that the appellant should be supplied

information 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 of

the appeal.

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 Central Information
Commission - Functions
• 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

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 C.I.C.-Functions
Contd….
 who thinks the fees charged are
unreasonable.

 who thinks the information given is

incomplete or false or misleading.

 and any other matter relating to obtaining

information under this law.

CIC may initiate inquiry in the above

situations if there are reasonable grounds
for so doing.
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 C.I.C.- Powers
CIC/SIC will have powers of Civil Court such as-
a) summoning and enforcing attendance of
persons, compelling them to give oral or
written evidence on oath and to produce
documents or things
b) requiring the discovery and inspection of
documents
c) receiving evidence on affidavit
d) requisitioning public records or copies from
any court or office
e) issuing summons for examination of witnesses
or documents
f) Any other matter which may be prescribed.
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 C.I.C.- Powers
Contd…
Power to secure compliance of its decisions
from the Public Authority includes:
 appointing a PIO where none exists.
 publishing certain information or categories
of information
 making necessary changes to the records
management, maintenance and destruction
procedures of the Public Authority.
 enhancing training provision for officials on
RTI.

32
 C.I.C. Powers
contd….
 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
requestor.
 Impose penalties under this law.
 Reject the appeal.

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 EXEMPTIONS
• 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.
• Release of which has been expressly
forbidden by any court of tribunal or may be
contempt of court.
• Where disclosure would cause a breach of
privilege of Parliament or Legislature.

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 EXEMPTIONS (continued)
• Commercial confidence, trade secrets or
intellectual properly, where disclosure would
harm competitive position, or become
available to a person in his fiduciary
relationship, unless larger public interest so
warrants.
• Received in confidence from foreign
government.
• Endangers life or physical safety or identifies
confidential source of information or
assistance.

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 EXEMPTIONS (continued)

• Impedes the process of investigation or

apprehension.
• 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 decision
were taken shall be made public after the
decision has been taken, and the matter is
complete, or over.
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 EXEMPTIONS (continued)

• 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 decision
were taken shall be made public after the
decision has been taken, and the matter is
complete, or over.

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 EXEMPTIONS (continued)
• Personal information which would cause
invasion of privacy unless larger public
interest justifies it.
• Infringes copyright, except of the state.
• Where practicable, part of record can be
released.
• Intelligence and security agencies exempt –
except for corruption and human rights
violation charges.
• Third party information to be released after
giving notice to, and hearing, third party.

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 EXEMPTIONS (continued)
• All exempt information to be released after
20 years. EXCEPT UNDER CLAUSES a, c & i OF SUB-SECTION 8(1)

• Provided that the information, which cannot

be denied to the Parliament or a state
legislature shall not be denied to any person.

• Notwithstanding anything in the Official

Secrets Act, 1923 nor any of the exemptions,
a public authority may allow access to
information, if public interests in
disclosure outweighs the harm to the
protected interests.
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 APPEALS
• First appeal with senior in the Department.

• Second appeal with Information Commission.

• Envisages an independent Information

Commission at the central and state level to
be an appellate authority and to oversee the
functioning of the act. Has various powers
under the act.

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 PENALTIES
• Penalties imposable by Information
Commission on PIO or officer asked to assist
PIO
-for illegitimate refusal to accept application,
malafide denial, knowingly providing false
information, etc fine up to Rs. 25,000;
-recommendation for departmental action for
persistent or serious violations.

• Immunity for actions done in good faith.

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 CASE LAW
DISCLOSABLE INFORMATION
 CRITERIA, NORMS AND GUIDELINES FOR
PROMOTION- Arun Kumar case decision dt.20.4.06
 THRESHOLD MARKS FIXED BY THE BOARD
FOR PROMOTION-Akhila Anand case decsion dt.24.04.06
 MARKS AWARDED BY COMMITTEE
MEMBERS-Vijender Singh case decision dt.4.4.07
 DETAILS OF OFFICERS PROMOTED OR
PLACED IN SENSITIVE POSITIONS
CONCURRENTLY WITH AGREED LIST-S.R. Sawant
case decision dt.1.5.06

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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
 RECOMMENDATION OF SEARCH
COMMITTEE FOR APPOINTMENT
(U.C. Lavania case decision dt.17.5.06)

 FILE NOTING [Satyapal case decision dt.31.1.06]

 PROCEEDINGS OF THE SUGGESTION

COMMITTEE AND INCENTIVES CAL-
CULATIONS THEREUNDER[K.B. Singh case dt.2.5.06]

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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION

• GROUNDS OF RE-EMPLOYMENTS AND

GUIDELINES FOR RE-EMPLOYMENT- Vijay
Goswami case decision dt.2.5.06

• INVESTIGATION REPORT AFTER ACTION

IS COMPLETE IN EVERY RESPECT-P.S.
Pattabiraman case decision dt.2.11.06

• PROCEEDINGS OF THE GRIEVANCE

REDRESSED AND SETTLEMENT OF
DISPUTES COMMITTEE
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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
• COPY OF THE PRELIMINARY (FACT
FINDING) ENQUIRY REPORT AFTER
APPLYING SEVERABLITY REQUIRED
• TOUR PORGRAMME AND TRAVEL
EXPENSES- Dinesh Berry case decision dt.6.3.06
• INFO RELATING TO DONATIONS ETC.-Kishur
J. Agarwal case decision dt.7.4.06

• DETAILS OF EXPENDITURE ON
TRANSPORT Kishur J. Agarwal case decision dt.7.4.06
• SALARY DRAWN BY EMPLOYEESKishur J.
Agarwal case decision dt.7.4.06

• INCOME TAX ASSESSMENT ORDERS-Farida

Hoosenally case decision dt.30.3.06

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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION
 CABINET NOTE FOR ACC AFTER THE
MATTER IS COMPLETE- Anil Kumar case decision dt.3.7.06
 CBI REPORTS/CVC REPORTS ON
COMPLETION / FILING OF CHARGE
SHEET-S. Malik case decision dt.4.7.06
 DETAILS OF POSTINGS / COMPLAINTS
RECEIVED/VIGILANCE ENQUIRY SET UP/
DEs AND FINDINGS THEREOF/ STRICTU-
RES BY COURTS IN RESPECT OF
SPECIFIC OFFICERS- Raj Kumar case decision dt.10.7.06
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 CASE LAW (Contd.)
DISCLOSABLE INFORMATION

 EMPANELMENT/PICKING UP FOR
APPOINTMENTS- R.K. Potdar case decision dt.19.2.07
 DETAILS OF CARS USED AND OTHER
FACILITIES – H.J. Mahatre case decision dt.14.7.06
 ALLOTMENTS/ LICENCES
 MERIT LISTS
 STATUS OF CLAIMS

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 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)
 PERSONAL DETAILS, INCOME, PAN,
SOURCES OF FUNDS, PARTNERSHIP
DETAILS-Dhiraj Manilal Thakkar case decision dt.25.1.07
 MARKS AWARDED BY INDIVIDUAL
PANEL EXPERTS UNDER DIFFERENT
PARAMETERS- Manish Dnyaneshwar Thool case decision dt.20.4.06

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 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)
 PROPERLY RETURN AND DETAILS OF
PROPERTY
 ASSESSMENT REPORTS{Court has given a decision for ACR but
notification not issued by DOPT}

 LEAVE ACCOUNT
 MEDICAL REPORT- Bhagwan Chand Saxena case decision dt. 3.4.06

49
 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED)

 AGREED LIST
 DETAILS OF THE BANK ACCOUNTS
 ANSWER SHEETS- Treesa Irish case decision dt.6.2.06
 INFORMATION RELATING TO
PENSIONERS- R.K. Jain case decision dt. 10.5.06
 CONFIDENTAIL REPORTS- Ranju Prasad case decision
dt.9.10.06

 DPC PROCEEDINGS- Ranju Prasad case decision dt.9.10.06

50
 CASE LAW
NOT DISCLOSABLE INFORMATION
(EXEMPTED) (Contd.)

• Frivolous queries that are prefixed with

wholly unsubstantiated adjective such
as “fake”.
• Queries asking for an explanation from
the Authority
•
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 MISCELLANEOUS
(Information need not to furnish)

 QUESTIONS/QUERRIES ABOUT THE

NATURE AND QUALITY OF ACTIONS –
WHY, WHAT, WHEN AND WHETHER
 CONTESTING ACTIONS OF THE
DEPARTMENT
 FUTURE COURSE OF ACTION
 PRESCRIBING REMEDY FOR THE
GRIEVANCE
52
 MISCELLANEOUS
(Contd.)
INFORMATION FOR PERSONAL
INTEREST-BARRED

CIC in its decision dated 14.6.07 in case of Dr.

K.C.Vijaykumaran Nair has clarified the
position that under the R.T.I. the employees are
not expected to question the decisions of the
superior officers in the garb of seeking
information.

53
 (Contd.)
MISCELLANEOUS
IMPORTANT CIC’s OBSERVATION
CIC in the case of Shri Sadachari Singh Tomar, Principal
Scientist, IASRI dt. 22.1.2008 has noted that wherever a
public authority attempts to discipline an employee, such
employee promptly files multiple RTI- applications aimed at
extracting personal information of those charged with taking
decision in such disciplinary matters. Since the replies under
the RTI Act are to be made in a time-bound manner, quite
frequently such enquiries create wholly unnecessary and
avoidable pressures on offices of the public authority. There
should be nothing surprising if such actions distract that
authority from its ordained functions. The Commission will
take strict note of the proclivities of employees of public
authorities whole attempt to use RTI Act to settle personal
scores 54
 MISCELLANEOUS
(Contd.)

 SECTION 6(3) NOT APPLICABLE FOR

DIFFERENT DEPARTMENTS IN THE
SAME PUBLIC AUTHORITY
 APPEAL BY CPIO AGAINST OWN
APPELLATE AUTHORITY NOT TENABLE
 INFORMATION TO BE SUPPLIED FREE
OF CHARGE AFTER THE EXPIRY OF THE
STIPULATED TIME
 DEEMED CPIO LIABLE FOR CONSEQU
-ENCES
55
 MISCELLANEOUS (Contd.)
 INFORMATION DESTROYED AS PER
RETENTION SCHEDULES IS NON-
EXISTENT
 REASONS FOR DECISIONS TO BE
SPECIFICALLY RECORDED
 FRESH ISSUES NOT ADMISSIBLE AT
APPELLATE LEVEL
 CPIO HAS TO PROVIDE INFORMATION
NOT OPINION

56
 MISCELLANEOUS (Contd.)
 COST OF WAGES OF MANPOWER NOT
TO BE COMPUTED FOR REMITTANCE BY
APPLICANT
 ALL INFORMATIONS MORE THAN 20
YEARS DISCLOSABLE EXCEPT UNDER
CLAUSES a, c & i OF SUB-SECTION 8(1)
 PROVISIONS OF THIRD PARTY AND
EXEMPTIONS OF PERSONAL
INFORMATION MAY BE WAIVED ON
ACCOUNT OF PUBLIC INTEREST
57
 MISCELLANEOUS
(Contd.)
 CPIOs TO SIGN REPLY- M.L. Meena case decision dt.3.7.06
 APPELLATE AUTHROITY DECISIONS TO
BEAR HIS SIGNATURES M.L. Meena case decision dt.3.7.06
 UNTRACEABILITY OF INFORMATION IS
ACCEPTABLE WHERE DILIGENT
SEARCH TO TRACE IS EVIDENT
 INFORMATION TO BE COLLECTED
FROM MANY SOURCES/ KEEP THE
APPLICANT INFORMED AND BUILT AIR
OF CONFIDENCE ABOUT DELAY
58
Partial disclosure of information
• Section 10 of the RTI Act provides 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.
60
 Jurisdiction of Courts
• As per Section 23 of the RTI Act, 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.
• However, as per the Constitution of India, the
Supreme Court and the High Courts have the
writ jurisdiction to look into the matters relating to
the fundamental rights of the citizens.
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 IMPORTANT WEBSITE

Given below are the address 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)

(iv)RTI circulars of Dop&T

(http://www.righttoinformation.gov.in/Circulars/CircularReportForRTI.asp)
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