Right To Information Act 2005 PDF

JTO PHASE-I ACCEPTANCE TESTING 1. RIGHT TO INFORMATION ACT 2005 1.1 INTRODUCTION: Since independence, India has grown, economy has boomed and people have benefited. At the same time, the government functioning also needed change to keep pace with changing times and fulfill the aspirations of people,...

JTO PHASE-I ACCEPTANCE TESTING 1. RIGHT TO INFORMATION ACT 2005 1.1 INTRODUCTION: Since independence, India has grown, economy has boomed and people have benefited. At the same time, the government functioning also needed change to keep pace with changing times and fulfill the aspirations of people, empowering them to drive the government machinery in their best interest. It is a well accepted fact that how strong is the red tapism in our country, officials exploiting ignorance of citizens often taking shield of provisions of various acts, regulations such as official secret act, Indian Evidence Act etc. In June 2005, India enacted the RTI Act to overcome such issues. This write up gives an overview of the salient aspects of this act. 1.2 LEARNINGOBJECTIVES: Understand objectives of RTI Act Understand Implementation machinery Learn the Process to get information Understand Salient provisions of the Act 1.3 OBJECTIVES OF RTI ACT: The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government. That is, 1. Make government machinery accountable 2. Contain Corruption 3. Promote Transparency Objective of this act is to give a simple tool to Indian citizens to obtain information from government machinery in a time bound manner. This act overrides all previous acts wherever conflict is found. Any citizen of India (applicant) can seek information of public interest from all covered central and state government units. 1.4 IMPLEMENTATION MACHINERY: Public Authority: Under this act a concept of Public Authority has been introduced. All government owned departments, organizations, PSUs and NGOs substantially finance dare called Public Authorities under this act and have to comply with its provisions. Each Public Authority has to designate following in its organization for implementing the Act: Central units are called CPAs and state units as SPAs. Public Authorities are required to disclose certain information to public suomotto at regular intervals. This directive covers JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 1 of 13 JTO PHASE-I ACCEPTANCE TESTING budget, expenditure, salary of employees, subsidies, acts/rules/norms followed by PA for discharge of its duties etc. PIO: Public Information Officer is the most important functionary under this act. The job entrusted is to receive RTI applications, process them and dispose such applications by supplying or denying information as per provisions of this Act. Central PIO are called CPIO and state as SPIO. PIOs decision which is based on application of provisions of this Act may lead to supply of full, partial or no information. APIO: Assistant Public Information Officer has the task of receiving RTI requests/appeals and forwarding such cases to appropriate authority. Central and state APIOs are called CAPIO and SAPIO respectively. Appellate Authority: PIO is the first level of decision making authority to supply/deny information. An aggrieved applicant can file appeal to an officer senior in rank to PIO designated as Appellate authority. Appellate authority has to decide the case in 3045days time. Information Commission (IC):Besides above functionaries ,for monitoring implementation and ensuring compliance to the provisions of Act besides acting as second level of grievance handling, Information Commission has been created at center and all state levels. Applicants aggrieved at the decisions of Appellate authority are allowed to approach respective information commission for resolution of appeals/complaints. 1.5 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. Applicant has been given the right to(i) inspect works, documents, records. (ii) take notes, extracts or certified copies of documents or records. (iii) Take certified samples of material. (iv) Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts 1.6 PROCESSTOGET INFORMATION: Any applicant can submit application on plain paper to PIO or APIO. No reason for seeking information needs to be specified in the application. The name and contact detailsof applicant, addressed Public Authority and detail of information sought in the application are sufficient to seek information. Applicant is required to pay the fee as prescribed. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee. Cost of information is also charged. For getting information, one has to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 2 of 13 JTO PHASE-I ACCEPTANCE TESTING Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, one has to pay Rs. 5 for every subsequent hour or fraction thereof. Applicant can deposit fee either in cash or through a DD or bankers cheque or postal order drawn in favor of that public authority. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority. No fees is charged from people living below the poverty line Applicant must be provided information free of cost if the PIO fails to comply with theprescribed time limit. APIO has to forward all requests/appeals within five days to appropriate authority. PIO isgiven 30 days to process and dispose the application. PIO collects sought information from concerned sections (called as custodians of information) and disposes the application by applying various provisions of the act. The act specifies category of information which is exempted from disclosure. The url of the RTI software is : https://rtionline.gov.in. 1.7 SALIENTASPECTS Exempted information: It includes pertaining to National security, parliament privileges, fiduciary nature, cabinet papers, commercial confidence, trade secrets, any 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; information which would impede the process of investigation or apprehension or prosecution of offenders; etc. Even exempted information can be disclosed if public interest over weighs the secrecy benefits. Certain organizations dealing with intelligence and security are also broadly exempted. However corruption and human right violation cases of such agencies are not exempted from information disclosure. Such information is disclosed with the consent of concerned IC.. 1.8 TIMELINESTOGETTHEINFORMATION 1. 30 days from the date of application 2. 48 hours for information concerning the life and liberty of a person 3. 5 days shall be added to the above response time, in case the application forinformation is given to Assistant Public Information Officer. 4. If the interests of a third party are involved then time limit will be 40 days(maximum period + time given to the party to make representation). Failure to provide information within the specified period is a deemed refusal. 1.9 PENALTY: Every PIO will be liable for fine of Rs.250 per day, up to a maximum of Rs.25,000/-, for i. Not accepting an application; ii. Delaying information release without reasonable cause; JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 3 of 13 JTO PHASE-I ACCEPTANCE TESTING iii. Malafidely denying information; iv. Knowingly giving incomplete, incorrect, misleading information; v. Destroying information that has been requested and vi. Obstructing furnishing of information in any manner. The Information Commission (IC) at the Centre and the State levels has the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. For the purpose of penalty, concept of deemed PIO is used. Deemed PIO is the person responsible for delay or with holding of information and the onus of proving it lies on PIO. 1.10 STATUS IN BSNL: Initially BSNL designated Appellate, PIO and APIO at corporate office and all Circles with all SSAs designating APIOs. Progressively PIO and Appellate officers are being designated in SSAs also. BSNL has also put mandatory information on its website www.bsnl.co.in The list of BSNL PIOs/APIOs is also available on website. 1.11 IMPORTANT POINTS TO REMEMBER: (1) What does information mean? 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 and includes "file noting". ( (2) What does Right to Information mean? It includes the right to  inspect works, documents, records.  take notes, extracts or certified copies of documents or records.  take certified samples of material.  obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)] JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 4 of 13 JTO PHASE-I ACCEPTANCE TESTING ( (3) What are the obligations of public authority? It shall publish within one hundred and twenty days of the enactment:a. the particulars of its organization, functions and duties; b. the powers and duties of its officers and employees; c. the procedure followed in its decision making process, including channels of supervision and accountability; d. the norms set by it for the discharge of its functions; e. the rules, regulations, instructions, manuals and records used by its employees for discharging its functions; f. a statement of the categories of the documents held by it or under its control; g. the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof; h. a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public; i. a directory of its officers and employees; j. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; k. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; l. the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes; m. particulars of recipients of concessions, permits or authorizations granted by it; JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 5 of 13 JTO PHASE-I ACCEPTANCE TESTING n. details of the information available to, or held by it, reduced in an electronic form; o. 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; p. the names, designations and other particulars of the Public Information Officers. (4) What is not open to disclosure? The following is exempt from disclosure i. 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 ii. 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; iii. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; iv. 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 information; v. 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; vi. information received in confidence from foreign Government; vii. 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; viii. information which would impede the process of investigation or JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 6 of 13 JTO PHASE-I ACCEPTANCE TESTING apprehension or prosecution of offenders; ix. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; x. 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; xi. Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (5) Is partial disclosure allowed? Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. (6) What does a "public authority" mean? It means any authority or body or institution of self-government established or constituted:  by or under the Constitution;  by any other law made by Parliament;  by any other law made by State Legislature;  by notification issued or order made by the appropriate Government and includes any body owned, controlled or substantially financed  non-Government organization substantially financed directly or indirectly by the appropriate Government. (7) Who is excluded? Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 7 of 13 JTO PHASE-I ACCEPTANCE TESTING Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. (8) Who are 'Third Parties'? A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. (9) Who are Public Information Officers (PIOs)? PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. (10) What are the duties of a PIO? PIO shall deal with requests from persons seeking information and where the  request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing. If the information requested for is held by or its subject matter is closely connected  with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately. PIO may seek the assistance of any other officer for the proper discharge of his/her  duties.  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 on payment of such fee as may be prescribed or reject the request for any of the reasons specified in S.8 or JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 8 of 13 JTO PHASE-I ACCEPTANCE TESTING S.9. Where the information requested for concerns the life or liberty of a person, the  same shall be provided within forty-eight hours of the receipt of the request. If the PIO fails to give decision on the request within the period specified, he shall  be deemed to have refused the request. Where a request has been rejected, the PIO shall communicate to the requester - (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. PIO shall provide information 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. If allowing partial access, the PIO 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 were based; 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; and 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.  If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.  Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice (11) Who are Assistant Public Information Officers ( APIO) JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 9 of 13 JTO PHASE-I ACCEPTANCE TESTING The Act requires every Public Authority to designate an officer, at each sub- divisional level or other sub-district level, as Assistant Public Information Officer to receive the applications for information or appeals under this Act for forwarding the same to Public Information Officer within 5days or the concerned Appellate Authority, as per the case. (12) What is the Application Procedure for requesting information?  Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for. (13)  Reason for seeking information are not required to be given;  Pay fees as may be prescribed (if not belonging to the below poverty line category). What is the time limit to get the information?  30 days from the date of application  48 hours for information concerning the life and liberty of a person  5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.  If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).  (14) Failure to provide information within the specified period is a deemed refusal. What is the fee? 1. Application fees to be prescribed which must be reasonable. 2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at; 3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority; 4. No fees will be charged from people living below the poverty line 5. Applicant must be provided information free of cost if the PIO fails to comply with JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 10 of 13 JTO PHASE-I ACCEPTANCE TESTING the prescribed time limit. (15) What could be the ground for rejection? If it is covered by exemption from disclosure. (S.8) If it infringes copyright of any person other than the State. (S.9) (16) Who are the Appellate Authorities? 1. First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown). 2. Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (delay may be condoned by the Commission if sufficient cause is shown). 3. Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority; and, within 90 days of the decision on the first appeal, before the appropriate Information Commission which is the second appellate authority. 4. Burden of proving that denial of Information was justified lies with the PIO. 5. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (18) What are the powers and functions of Information Commissions? 1. The Central Information Commission/State 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; JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 11 of 13 JTO PHASE-I ACCEPTANCE TESTING  who has received no response to his/her information request within the specified time limits ;  who thinks the fees charged are unreasonable ;  who thinks information given is incomplete or false or misleading  any other matter relating to obtaining information under this law. 2. Power to order inquiry if there are reasonable grounds. 3. CIC/SCIC will have powers of Civil Court such as i. summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things; ii. requiring the discovery and inspection of documents; i iii receiving evidence on affidavit ; iv requisitioning public records or copies from any court or office v v issuing summons for examination of witnesses or documents anyvother matter which may be prescribed. 4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination. 5. Power to secure compliance of its decisions from the Public Authority includesi. providing access to information in a particular form; ii. directing the public authority to appoint a PIO/APIO where none exists; I iii. publishing information or categories of information; iv. making necessary changes to the practices relating to management, JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 12 of 13 JTO PHASE-I ACCEPTANCE TESTING maintenance and destruction of records ; v enhancing training provision for officials on RTI; vi. seeking an annual report from the public authority on compliance with this law; require v it to compensate for any loss or other detriment suffered by vii the applicant impose penalties under this law; or h viii. reject the application. (19) What are the penalty provisions? Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for i. not accepting an application; ii. delaying information release without reasonable cause; iii. malafidely denying information; iv. knowingly giving incomplete, incorrect, misleading information; v. destroying information that has been requested and vi. obstructing furnishing of information in any manner. The Information Commission (IC) at the Centre and the State levels will have the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. 1.12 CONCLUSION In conclusion we can say that Right to Information Act 2005 is a tool that checks corruption, and holds the various bodies, agencies and departments of the government accountable to the public. This prevents arbitrary state action, which is the hallmark of a responsible democracy. JTO Phase-I Version 1 September 2021 For Restricted Circulation Page 13 of 13