Right To Information

22nd Act of 2005

Purpose of RTI
To secure access to information under the
control of public authorities.  citizen of
India
Promote transparency and accountability
in the working of every public authority.
 Controlling of corruption.

RTI Act is the 22nd Act of 2005 which was

enacted in the 56th Year of Republic of India
 Summary
 Consists of 31 Sections , 06 Chapters and 02 Schedules.
 Chapter I : Preliminary
 Chapter II : Right to Information & Obligation of Public Authorities
 Chapter III : The Central Information Commission
 Chapter IV : The State Information Commission
 Chapter V : Powers & Functions of ICs, Appeal & Penalties
 Chapter VI : Miscellaneous
 1st Schedule- Form of Oath or Affirmation by CIC/SCIC/IC/SIC
 2nd Schedule- Intelligence & Security Organizations Established by CG
Distribution of Sections
 Distribution of sections among the various
chapters.
 Ch I : Preliminary 02 01, 02
 Ch II : RTI & OoPAs 09 03-11
 Ch III : The CIC 03 12, 13, 14
 Ch IV : The SIC 03 15, 16, 17
 Ch V : P&FoICs, A&P 03 18, 19, 20
 Ch VI : Miscellaneous 11 21-31
RTI Act, 2005 Sections
 Section 1  Short Title, Extent,
Commencement
 Section 2  Definitions
 Section 3  Right to Information  Right to
whom
 Section 4  Obligation of Public Authorities
 Section 5  Designation of Public Information
Officers
 Section 6  Request for Obtaining Information
 Section 7  Disposal of Request
 Section 8  Exemption from Disclosure of
Information
 Section 9  Grounds for Rejection to Access in
certain cases
 Section 10  Severability
 Section 11  Third Party Information
RTI Act, 2005 Sections
 Section 12  Constitution of Central Information Commission
 Section 13  Terms of Office & Conditions of Service
 Section 14  Removal of CICr & ICr
 Section 15  Constitution of State Information Commission
 Section 16  Terms of Office & Conditions of Service
 Section 17  Removal of SCICr & SICr
 Section 18  Powers & Functions of Information Commissions
 Section 19  Appeal
 Section 20  Penalties
 RTI Act, 2005 Sections
 Section 21  Protection of action taken in good
faith
 Section 22  Act to have overriding effect
 Section 23  Bar of jurisdiction of courts
 Section 24  Act not to apply to certain
organizations
 Section 25  Monitoring & Reporting
 Section 26  Appropriate Government to prepare
Programmes
 Section 27  Power to make rules by appropriate
Government
 Section 28  Power to make rules by Competent
Authority
 Section 29  Laying of Rules
 Section 30  Power to remove difficulties
 Section 31  Repeal
Chapter-1
Section 1:
Short Title, Extent and Commencement
 This Act may be called the Right to Information Act,
2005. It shall come into force from 15.06.2005
 It is extents to whole of India (Act No. 34 of 2019
Amendment Aug 9, 2019 effect from 31.10.2019)
 Effect from 15.06.2005: - Section 4(1), section
5(1),5(2), section 12,13,15,16,24,27 and 28.
 Effect from 12.10.2005: - All other sections except
above mentioned sections.
 After 120 days remaining section of RTI Act.
 Section-2: Definition
 Appropriate Government: For public authority
established, constituted, owned, controlled or substantially
financed by funds provided directly or indirectly—
 By central Government or union territory administration  Central
Government.
 By the state Government  the State Government.
 CIC: means Central Information Commission constituted
under 12(1)
 CPIO: means Central Public Information Officer
designated under 5(1) and includes Central Assistant
Public Information Officer designated under 5(2)
 Chief Information Commissioner or Information
Commissioner: Means officer designated under Section
12(3)
 Definition- Competent Authority
 Competent Authority: [2(e)]
 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 in case of Union Territories
 Definition- InFormation
 Information  means [2(f)]
 any material in any form, including advice, circulars,
contracts, e-mail, document, logbook, menu, models,
opinion, orders, papers, press releases, records, reports,
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 time being in force.
  “Information” referred in RTI Act are those which are
accessible by Public Authority (PA) in discharge of duties
i.e. official information [R11/Conduct Rules].
Definition- Record
 Record  includes [2(i)]
 Any document, manuscript and file
 Any microfilm, microfiche and facsimile copy of a
document
 Any reproduction of image or images embodied in such
microfilm (enlarged or not)
 Any other material produced by a computer or any other
device
 Definition: Right to information [2(j)]
 Right to Information  means right to access information
 Information, made accessible under the provisions of RTI Act;
 Information, which is held by or under control of any Public Authority.
 It includes right to –
 Inspection of work, documents, records;
 Rs 5/ hour, First hour- Free

 Taking notes, extracts, certified copies of documents or records;

 Taking certified sample of materials;
 Obtaining information in any electronic mode or through printouts where
information is stored in a computer or any other device.
Definition
 Prescribed: means prescribed by rules made under this
act by the appropriate government or the competent
authority
 State Chief Information Commissioner or State
Information Commissioner: Officer appointed under
15(3)
 State Public Information Officer: Means the State
Public Information Officer designated under 5(1) and
includes State Assistant Public Information Officer
designated under 5(2).
 Third Party: A person other than the citizen making
request for information and includes a public authority.
 Definition: Public Authority [2(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 organisation substantially financed, directly or

indirectly by funds provided by the appropriate Government;
Chapter-2
Section-3: Right to information
Right to whom?
All citizens shall have the right to
information.
Section 4: Obligation of Public
Authority
Maintain all its records duly catalogued
and indexed in a prescribed manner.
Publish within one hundred and twenty
days from the enactment of this Act and
update publication every year.
Section 5: Designation of PIO/APIO
 Every public authority shall, within one
hundred days of the enactment of this Act,
designate the Central Public Information
Officers/ Central Assistant Public Information
Officer (at subdivisional level) or State Public
Information Officers/ State Assistant Public
Information Officer (at subdivisional level) in all
its administrative offices.
 A period of 5 days will be added in computing
period of response if application submitted to
APIO.
 Section-6: Request for Obtaining
Information
 Request may be made in writing/ typed in English,
Hindi or Official Language of the area accompanied
with prescribed fee of Rs 10/- to PIO/APIO.
 Fee not required in case of BPL.
 Reason need not be furnished.
 Application should ordinarily be within 500 words 
Not to reject if contain more words.
 If application is made to a public authority which is
hold by another public authority, the first should
transfer this to the later within 5 days from date of
receipt.
 Section 7: Disposal of request
 Information shall be provided or rejected on valid ground
specified in section 8 and 9 within:
◦ 30 days from receipt of application
◦ 48 hours in case of life and liberty of a person
◦ 40 days in case of third party information
 If not provided in this period it will be deemed to be
refused.
 If any extra fees need to be paid, 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 30 days
 If not complied within prescribed time, information to be
provided free of charge.
 Section-7: Disposal of Request
 If request has been rejected, PIO shall
communicate:
◦ the reasons for such rejection;
◦ the period within which an appeal against such rejection
may be preferred; and
◦ the particulars of the appellate authority
 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
Section 8: Exemption from disclosure of information
a. Which would prejudicially affect the sovereignty and integrity of
India
b. Forbidden by court of law or tribunal
c. a breach of privilege of Parliament
d. commercial confidence, trade secrets or intellectual property 
unless larger public interest
e. information available to a person in his fiduciary relationship
f. received in confidence from foreign Government
g. the disclosure of which would endanger the life or physical safety
of a person
h. which would impede the process of investigation
i. Cabinet papers
j. which would cause unwarranted invasion of the privacy -
information which cannot be denied to the Parliament or a State
Legislature shall not be denied to any person.
Section 8: Exemption from disclosure of
information
A public authority may allow access to
information, if public interest in disclosure
outweighs the harm to the protected interests.
 any information exempted under a,c,i of subsection
1 of section 8 (Sovereignty and Integrity, previlege
of parliament, cabinet papers) which has taken
place, occurred or happened twenty years before
the date on which any request is made under
section 6 shall be provided to any person
 In computation of 20 years  Decision of CG is
final.
Section 9: Copyright infringement
PIO may reject a request for information
where such a request for providing access
would involve an infringement of
copyright
This means it will be a violation of the
terms and condition of copyright.
Section 10: Severability
Access may be provided in part .
Access may be provided to that part of
the record which does not contain any
information which is exempt from
disclosure
 Section-11: Third Party Information
 Third party means any one except the party who has made
the request and to whom he has made the request.
 It may include any citizen and public authority.,
 PIO shall serve a notice to third party within 5 days of
receipt of request.
 The submission of third party shall be kept in mind.
 Except in case of trade or commercial secrets protected by
law, third party information may be provided in case of
larger public interest.
 The representation of third party shall be submitted in 10
days from receipt of notice.
 Third party may also prefer an appeal u/Section 19.
Chapter- III
Central Information Commission
Section-12: Constitution of CIC
 Central Govt. shall constitute CIC (HQ- Delhi)under
Gazette Notification.
 CIC or ICs shall not be an MP/MLA or hold any
office of profit or connected to any political party.
 CIC consist of:
◦ One Chief Information Commissioner
◦ Maximum 10 Information Commissioners
 CIC and ICs are appointed by the President on
recommendation of committee consists of:
◦ The PM  Chairperson of the committee
◦ Leader of Opposition/ single largest party of LokSabha
◦ An Union Cabinet Minister nominated by PM
Section-13: Terms/ Condition of Service
CIC/ ICs may hold an office for maximum 3
years or 65 years of age, whichever earlier
Reappointment is not allowed.
IC may be appointed as CIC, aggregate service
shall not be more than 5 years.
Oath to be taken before the President/ person
appointed by him in this behalf as in 1 st Schedule.
Resignation to be submitted to the President.
Salary of CIC/ICs/SCIC/ SICs
Chief Information of Commissioner- Rs
2,50,000/ mensem
ICs/ SCIC/ SICs - Rs 2,25,000/ mensem
Entitled for DA.
If pension is received the amount to be
reduced
 Section-14: Removal of CIC and ICs
 May be removed from his office only by order of the
President on the ground of proved misbehaviour or
incapacity after inquiry being made by the Supreme
Court.
 President may suspend during inquiry
 The President may remove on following ground also:
◦ Insolvency
◦ Convicted by an offence involves moral turpitude
◦ Having any other paid employment
◦ Infirmity of mind or body
◦ Acquired any financial or other interest which may
prejudicially affect in functioning.
Chapter-IV
State Information Commission
Section 15: Constitution of SIC
 State Govt. shall constitute SIC under Gazette
Notification.
 SCIC or SICs shall not be a MP/MLA or hold any office
of profit or connected to any political party.
 SIC consist of:
◦ One State Chief Information Commissioner
◦ Maximum 10 State Information Commissioners
 SCIC and SICs are appointed by the Governor on
recommendation of committee consists of:
◦ The CM  Chairperson of the committee
◦ Leader of Opposition/ single largest party of Legislative
Assembly
◦ A Cabinet Minister nominated by CM
Section-16: Terms/ Condition of Service
SCIC/ SICs may hold an office for maximum 3
years or 65 years of age, whichever earlier
Reappointment is not allowed.
IC may be appointed as CIC, aggregate service
shall not be more than 5 years.
Oath to be taken before the Governor/ person
appointed by him in this behalf as in 1 st Schedule.
Resignation to be submitted to the Governor.
 Section-17: Removal of SCIC and SICs
 May be removed from his office only by order of the
Governor on the ground of proved misbehaviour or
incapacity after inquiry being made by the Supreme
Court.
 Governor may suspend during inquiry
 The Governor may remove on following ground also:
◦ Insolvency
◦ Convicted by an offence involves moral turpitude
◦ Having any other paid employment.
◦ Infirmity of mind or body
◦ Acquired any financial or other interest which may
prejudicially affect in functioning.
Chapter-V
Powers and functions of IC, Appeal & Penalty
 Section 18- Powers and Function of IC
 IfPIO has not been appointed, or PIO has refused to
accept the application for information or appeal,
request may be made to IC.
 Appeal may be made to IC in following cases:
◦ Refusal to access information
◦ If information not supplied within due time
◦ Demanding unreasonable fee
◦ Providing incomplete, misleading or false information
 May examine any record to which this act applies
which is under the control of the public authority
Section 18- Powers and Function of IC
 The CIC or SIC, has the same powers as are vested in a
civil court while trying a suit under the Code of Civil
Procedure, 1908 (5 of 1908), in respect of the following
matters-
◦ (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
◦ (i) any other matter which may be prescribed.
 Section-19: Appeal
 1st Appeal may be made to 1st Applet Authority (DAA)
within 30 days
 Time may be extended by the Applet Authority on
reasonable ground.
 1st AA should dispose of the appeal within normally 30
days but not exceeding 45 days.
 Appeal by third party may be made within 30 days from
order.
 2nd appeal to be made to CIC/SIC within 90 days from
date of order or date of receipt.
 Decision of CIC/SIC is final
Section-20: Penalty
 Penalty to be imposed by CIC/SIC in following
cases:
◦ Delay without reasonable cause
◦ Refusal to receive application
◦ Knowingly given incomplete/ incorrect/ misleading
information
◦ Destroying information
◦ Obstruction in manner of furnishing information
 Rs 250 per day maximum Rs 25000/-
 Reasonable opportunity of being heard to be
given to PIO.
Chapter-VI- Miscellaneous
 Section 23: Bar Jurisdiction of Court
◦ No court shall entertain any suit
 Section 24: Act not to apply on certain organization
◦ this Act shall apply to the intelligence and security organisations
specified in the Second Schedule
 Section 27: Power to make rules by AG
◦ Terms of office of CIC, Salaries, Allowances, Fees etc.
 Section 28: Power to make rules by CA
◦ Fees payable
 Section 29: Laying of Rules
◦ Every Rule made by CG shall be laid before each house of
parliament.
 Section 31: Repeal
◦ Freedom of Information Act, 2002(5 of 2003) is hereby repealed
First Schedule
Second Schedule
Thanks