Gaurav Raj AnandBE/15067/12

NSS

Salient Features of the ActCentral legislation; extends to the whole of India except

the State of Jammu and Kashmir.Grants access to information held by a public authority.Flows from two Fundamental Rights enshrined in the

ConstitutionArticle 19-Freedom of speech and expression:

Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)

Article 21-Right to life and liberty: Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21

Enacted : 15 June 2005 Enforced : 12 October 2005The Freedom of Information Act, 2002 has been

repealed with this act.

ObjectivesTo set out a practical regime of right to information for citizens To secure access to information under the control of public authoritiesTo promote transparency and accountability in the working of every public authorityTo contain corruptionTo increase citizens’ awareness and ability to exercise their other rightsTo equip them to participate meaningfully in the development process

What is information?any material in any form: records, documents, memos, e-mails, opinions,advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material in any electronic form, information

relating to any private body which can be accessed by a

public authorityFile notings: are accessible unless they fall under

the exempted category [Section 2 (f), (i) and (j)]

Right to information means the right to:Inspect works, documents, recordsTake notes, extracts, certified copies of

documents and recordsTake certified samples of materialAccess information in the following forms:

printouts, diskettes, floppies, tapes, videocassettes and other electronic mode

[Section 2 (j)]

PreambleAn Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed.

Who can you demand information from?Public Authority:Any institution/authority/body of self-government established or constituted:

By or under the Constitution By any law made by Parliament By any law made by State Legislature

Body owned/controlled/substantially financed; NGO

substantially financed by government [Section 2 (h)]

Electronic Management of RecordsEvery public authority shall – maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated [ Section 4 (1)]

Section 4: the spirit of RTI 2005“It shall be the endeavour of every public authority…to provide as much information suo moto to the public at regular intervals through various means of communication…so that the public have minimum resort to the use of this Act to obtain information”[Section 4 (1)]http://petroleum.nic.in/rtiact2005.htm

ExemptionsAffects the sovereignty and integrity of India.Forbidden by any court of law or tribunal.Breach of privilege of Parliament or the State LegislatureCommercial confidence, trade secrets or intellectual property. Information held in fiduciary relation. Information from a foreign government. Information that endangers life. Information which impedes the process of investigation or prosecution.Cabinet papers. Information which relates to personal matters, the disclosure of which has

no bearing on any public activity or interest. Information related to agencies mentioned in the Second Schedule of the

Act.(Public interest in disclosure overrides restricting these information)

(Information dating to event/matter twenty years back shall be provided)

PIOs: Who are they and what are their obligations?Public Information Officers are designated

in every public authority to provide information to requisitioners

Their Duties:Respond to information requestsRender all reasonable assistance

including reducing requisition in written format

If requested information is with another PA, the PIO will transfer the requisition within 5 days and inform the requisitioner immediately

[Section 6]

Duties of PIORespond to a requisition within 30 days:

Provide information on payment of feeReject the requisition with reasons If information concerns life or liberty of

requisitioner, respond within 48 hoursIf the PIO fails to do any of the above

within 30 days, s/he shall be deemed to have refused the request[Section 7]

When information is rejected:The PIO will have to communicate to the

applicant:The reasons for the rejectionThe period within which the appeal should be

madeParticulars of the appellate authority[Section 7 (8)]

Can you ask for partial disclosure?In case of providing partial access to information:

ReasonsNames of PIOs who took the decision[Section 10 (1)]

If information has been supplied by a third party/ third party treats the information as confidential, the PIO will:Give a written notice to the third party within 5

days of date of request to make a representationThird party will get 10 days to make a

representation[Section 11]

How do you request for information?Keep the questions short and specificDetails of IOs now available on website u/s

4(1) (b)Duty of PA to ensure that the application

reaches the correct PIONo need to give reasons for making the

requisitionNo prescribed application format: some PAs

have their own form but cannot enforce compliance

Fee that you have to pay: CentralRs 10 has to be deposited along with the

application formRs 2 has to be paid for every page of

information soughtActual cost price for any samples or modelsFor inspection of records, no charge for the

first hour: but a charge of Rs 5 for every 15 minutes thereafter

Actual cost price for paper larger than A3 size

Rs 50 for information provided on a disketteFor information in printed form, the price

fixed for the publication

Fee: DelhiRequisition to be accompanied by Rs 10

payable by cash/demand draft/banker’s cheque to the Accounts Officer:Rs 2 per page created or copiedActual cost or price for models or samplesFor inspection of records, no fee for the first

hour; Rs 5 for each subsequent hour or fraction thereof

Rs 50 for information on diskette or floppyFor information in printed form, at price fixed

for publication or Rs 2 per photocopied extract

Appeals and PenaltiesAPPEALS:Internal

First appeal to the officer immediately senior to Public Information Officer within 30 days of decision.Appeal to be disposed of within a period of 30 days extendable upto a total of 45 days.

ExternalSecond appeal to CIC/SIC within 90 days of decision of Appellate Authority.

(In both the appeals onus to justify denial of request shall be on the PIO. Decision of the CIC/SIC is final and binding.)

PENALTIES:The CIC/SCIC shall impose a penalty of Rs. 250/- per day Total amount will not exceed Rs 25,000 for–

Not furnishing information in 30 daysMisleading the applicantProviding wrong informationNot publishing information suo motuNot computerizing data and uploading on website

CIC/SIC empowered to impose penalty on PIO. They can also recommend disciplinary action against an erring PIO.

1. Landmark Judgments2. Website link: http://rti.gov.in/ 3. RTI Anthem Link:

http://www.youtube.com/watch?v=OF--0uXYJos