Right To Information Act

The Real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. Mahatma Gandhi
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Constitutional Base
Article 14 : Right to Equality- Equal treatment before law Article 19 : Right to Freedomfreedom of Speech and Expression Article 21 : Protection of Life & Personal Liberty [Proviso 7(1)- within 48 hours]
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RIGHT TO INFORMATION
PARADIGM SHIFT An act which will be implemented by the people and acted upon by the government

Basic Tenets
Disclosure a rule and Secrecy an exception Transparency means public interest

Public Interest overrides

It is a part of Global Process. Governance will improve
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Information means(Sec 2(f)

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; 500 WORD LIMIT ON APPLICATION*
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Right to information means2(j)

Inspection of work, documents, records Taking notes, extracts, or certified copies of documents or records Taking certified samples of material 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 other device
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Obligations of Public Authorities (Sec 4):

Every public authority shall maintain all its records duly catalogued and indexed in a manner and form, which facilitates the right to information Shall also publish the information of the organization regarding structure, functions and duties, procedure followed, decision making process, directory of officers and employees, names and designations of public information officers etc.,
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CPIO/PIO/APIO
Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be
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Procedure for obtaining information (sec 6; Rule 2012):

Rupees two for each page in A-3 or smaller size paper; Actual cost or price of a photocopy in large size paper; Actual cost or price for samples or models; Rupees fifty per diskette or floppy; Price fixed for a publication or rupees two per page of photocopy for extracts from the publication; Ono fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction thereof; and So much of postal charge involved in supply of information that exceeds fifty rupees. BPL No fee.
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Disposal of Request :
The Central Public Information Officer or State

Public Information Officer within 30 days either

provide information or reject with reasons and the period within which appeal can be preferred and

particulars of the appellate authority.

If the information sought for concerns the life and liberty of a person, the same shall be provided within (48) hours of the receipt of request.
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Disposal of Information of Third Party :

A Central Public Information Officer or State Public

Information Officer intends to disclose any information

which relates to a third party and treated as confidential by that third party, he shall be invited(05 Days) to know whether the information should be disclosed. Except, in 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 interest of such third party.

Decision by CPIO within 40 days is mandadatory

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Penalties provided under the Act :

Require the public authority to compensate the complainant for any loss or other detriment

suffered.
Impose a penalty of Rs.250/each day not

exceeding Rs.25,000/- till application is received or information furnished. Also recommend for disciplinary actions against

Central Public Information Officer or State Public

Information Officer under Service Rules applicable to them.
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 The burden proving that he acted reasonably or diligently is on the Central Public Information

Officer or State Public Information Officer.

The Penal provisions are the real teeth of the Act, which if properly implemented will bring the rule of law into governance.

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Important Provisions
PIOs for every public authority 30 days period for providing information Senior officer to be appellate authority Fixed time for disposal of appeals(30/45/90

days)
Provision for deemed disposal at PIO as well as Appellate level.
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 Penalty to be imposed by information commissioner after opportunity to be heard burden of proof on PIO Fees levied also can be challenged. Third party clause is included. Proactive disclosure is mandatory.

Information which can not be denied to the

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Cont Important Provisions Parliament or the state Legislature can not be denied to any person. Administration of the act & second appeal vested with Information Commission. RTI Act 2005 overrides Official Secret Act.

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APPEAL CPIO-> FAL-> SC-> CIC A copy of the application submitted to the
central public information officer; A copy of the reply received, if any, from the central public information officer; A copy of the appeal made to the first appellate authority; A copy of the order received, if any, from the first appellate authority; Copies of other documents relied upon by the appellant and referred to in his appeal; and An index of the documents referred to in the 19 appeal.

 Name and address or the appellant Name and address of the central public information officer to whom the application was addressed Name and address of the central public information officer who gave reply to the application Name and address of the first appellate authority who decided the first appeal Particulars of the application Particulars of the order(s) including number, if any, against which the appeal is preferred Brief facts leading to the appeal Prayer or relief sought Grounds for the prayer or relief Any other information relevant to the appeal Verification/authentication by the appellant

APPEAL FORMAT

Exemption clause in detail ( Second Schedule Sec 24) National security (18 Agencies)

Trade secrete/IPR/copy right

Privacy
Foreign relation Danger to life & physical safety

Impede the investigation

Cabinet papers Public interest v/s protected interests Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section
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