Short title, extent and commencement
�Known as �Right to Information Act, 2005�.
�Extends to whole of India except J&K.
�Has become enforceable with effect from 12th October, 2005
�It is more powerful and stringent than Delhi RTI 2001
Coverage
�Covers all public authorities, bodies or institutions constituted by
Parliament, Legislative Assembly.
�Includes Parliament, Supreme Court/High Court/Lower Courts, Bodies owned,
controlled and substantially financed.
�Including Non-government organizations substantially financed directly or
indirectly.
�Govt. empowered to notify or issue orders to include such other bodies.
Citizens made the �Master�
�The act provides for giving almost all information to citizens barring a
few exceptions.
�It makes the citizen the �Master�.
�They can now do social audit of any work through getting information and
examining it critically and posing inconvenient questions.
Public Information Officers to give information
�Public Information Officers to be appointed by Public Authorities for
handling applications received under the Act (by 22.9.2005).
�Assistant Public Information Officer to be appointed to receive
applications on behalf of the Public Authority by( 22.9.2005.)
�Assistant Public Information officers to be appointed in each
Sub-Division/Sub-Districts by (22.9.2005).
�First Appellate Authority to be within the department/organization by
Public Authority
Right to Information
Right to Information includes:
�Inspection of works, documents, records.
�Taking notes, extracts, certified copies.
�Taking certified samples of material.
�Obtaining information in floppies, tapes etc.
Definition of Information
Information means any material in any form & includes: -
�Records, documents, memos, e-mail, opinion, advice, orders, log book,
contract, reports, papers, samples etc.
Filing of application
�Forms prescribed.
�Applicant can file application in writing or through electronic means in
English or Hindi or local language.
�PIO to assist disabled persons in writing down requests.
�Reasons for seeking information not required.
�Personal information about applicant not to be asked except for delivery of
reply.
Fee
The following fee has been prescribed by GOI & U.P.Govt.:
Application Fee: Rs 10/-
Additional Page: Rs 2/ per page A-4 or A-3
Large size: Actual Charges
Sample or Model: Actual cost
Inspection of records: First hour no fee there after Rs 5/- per 15
minutes
Floppy/Diskette: Rs 50/-
NO fee for Below Poverty Line
Mode of payment
The fee can be paid in any of the following modes:
-Cash
-Demand Draft
-Banker cheque
Disposal of request
�In cases information is sought concerning life or liberty, it is to be
given in 48 hours.
�Reply in other cases to be given in 30 days.
�5 days to be added if the application is received through SAPIO.
�In case of third party � 40 days.
Appeals
�Appeals lie at two levels.
�First appeal within department/ organization to senior officer to State
Public Information Officer within 30 days.
�Second appeal before Central Information Commission within 90 days.
�Appeals to be decided within 30 days.
Third Party Information
�Where information about third party is sought by the applicant, a notice
will be given to third party to present his case within 5 days.
�An opportunity of hearing will be given within 10 days.
�Third party will have right to appeal.
Exemption from disclosure of information
�As per section 8 the following type of information shall not be obligatory
to be given.
�Concerning security and integrity of India.
�Forbidden to be published by the court of law.
�Disclosure of which leads to breach of privilege of Parliament/Assembly.
�Commercial confidence trade secrets and intellectual property.
�Information received in fiduciary relationship.
�Information received in confidence from foreign government.
�Disclosure of which may endanger life and liberty.
�Which impedes the process of a investigation.
�Cabinet Papers including record or deliberation.
�Personal information which has no relationship to any public activity.
�Leads to infringement of copyright.
Penalty Provisions
�Can impose penalty @ Rs. 250/- for each day of delay subject to a maximum
of Rs. 25,000/-.
�Can issue directions for disciplinary action against PIO in cases of
persistent default.
�Opportunity of hearing to be given.
Need for prompt attention
�All Officer and staff members need to be sensitized to pay proper attention
to this act.
�Necessary preparatory measures for implementation should be completed as
per prescribed schedule in the Act.
�Officials need to be vigilant in disposal of requests received under the
Act.
�All requests received under the Act need to be dealt within time frame
prescribed.
Other Important Points
�Assistant Public Information Officer can receive applications for any PIO.
�First Appellate Authority should be senior to PIO.
�PIO should be senior officers who should be able to control work and dig
out information as they have to perform a quasi judicial information.
�Clear demarcation of work should be done amongst the PIO and Appellate
Authorities to avoid confusion.
�Notify the substantially financed bodies to bring them under the purview of
RTI.
Arrangement for receipt for application.
�Arrangements for receipt of application & fee should be suitably be made to
facilitate the work.
�Information counters should be setup near reception counters.
�The APIO/PIO/Appellate Authority should be easily accessible to public.
�Board depicting room number etc of PIO/APIO should be available at the main
entrance.
Role of Secretaries /HODs/CEOs
�Appoint PIO/APIO
�Appoint first appellate authority.
�Identify bodies substantially financed to be brought under the purview of
the act.
�Give wide publicity about the provisions of the act.
�Organize internal workshops for sensitization of officers and staff.
�Ensure proper arrangements for receipt of application/fee etc.
�Provide requisite number of counters for guidance.
�Prepare suo motu information and disseminate to the maximum.
�Monitor and control the working of all concerned officers.
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