Transcript Right to Information Act, 2005.

THE RIGHT TO
INFORMATION ACT – 2005
(Central Act No.22 of 2005)
K. Ambarish, IAS., (Retd.)
Chief Consultant, AMR-APARD
Rajendranagar, Hyderabad
• Enacted on 15-06-2005.
• Came into force w.e.f. 13-10-2005
• Contains 31 Sections and 2 Schedules.
• Rules are also made on the Regulation of Fees
and Cost by Central and State Government for
obtaining information by the citizens.
Main Objectives :
• To provide right to information to citizens
• To secure access to information, inspect files,
obtain copies of documents etc., from Public
Authorities.
• To promote transparency and accountability in
the working of Public Authorities.
• Constitution
Commission
of
a
and
Central
Information
State
Information
Commission to oversee the Act and hear
apeals.
Definitions :
 “Information” means any material
records,
documents,
e-mails,
including
advices,
samples, models and information relating to
any private body which can be accessed by a
Public Authority. (Section 2-f)
 “Right
to
Information”
means
right
to
information accessible under this Act which is
held by or under
control of any Public
Authority. (Section 2-J)

“Public Authority” - any authority or
body
or
institution
Government
body
or
Local
self-
established
or
constituted under Law and includes :a) Any body owned, controlled or substantially
financed by Government.
b)Any
Non-Government
substantially
(Sec.2h)
financed
Organization
by
Government.
Obligations of Public Authorities(S– 4):
 Maintain all its records duly catalogued and
indexed in a manner and form, facilitating the
right to information.
 Publish
functions
information
regarding
and
procedure
duties,
structure,
followed,
decision making process, directory of officers
and employees, names and designations of
public information officers etc.,
 Provide information suo-motu to public at
regular intervals through various means of
communications.
Designation
of
Public
Information
Officers (Section - 5):
 Every
Public
Authority
designate
Public
Information Officers for providing information
to persons requesting for information.
 Designate a Asst. Public Information Officer at
Sub-Divisional level to receive applications or
appeals and forward them to
Authority.
the Public
Procedure for obtaining information (S-6) :
 Persons to make request for information to
Public Information Officer orally or in writing
or through electronic means paying requisite
fees :
At the Village Level – No fee; At Mandal Level
Rs.5/- per application; for other areas Rs.10/per application; No fee for persons below
poverty line.
 Information in Electronic format viz., Floppy,
CD or DVD:
Rs. 50/- for Floppy of 1.44 MB; Rs. 100/- for
CD of 700 MB; Rs. 200/- for CD (DVD).
Contd.
 Samples and models – actual cost thereof;
 Inspection of records – no fee for the first
hour; and a fee of rupees five for each fifteen
minutes (or fraction thereof) thereafter;

Actual postal charges for material to be sent
by post.
 Applicant not required to give any reason or
any other personal details except those
necessary for contacting him.
Disposal of Request (Section 7) :
 Public Information Officer within 30 days to
either
provide
information
or
reject
with
reasons indicating time allowed for appeal and
details of appellate authority.
 Information concerning life and liberty of a
person to be provided within (48) hours of
receipt of request.
Exemption from disclosure of information :
(Section – 8)




Information
prejudicially
affecting
sovereignty and integrity of India or State.
Expressly forbidden by any Court or Tribunal.
Causing breach of privilege of Parliament or
State Legislature.
Of a person’s fiduciary relationship.




Received
in
Government.
confidence
from
foreign
Endangering life or physical safety of any
person.
Process of investigation or
prosecution of offenders.
apprehension or
Cabinet papers, deliberations of
Council of
Ministers, Secretaries and other officers.
Constitution of Commissions :
 Appointment
of
Central
Information
Commission by the President of India.
(Section 12)
 Appointment of State Information Commission
by the Governor. (Section 15)
 Above Commissions shall consist of Chief
Information Commissioner and Information
Commissioners not exceeding 10.
 Term 5 years. (Sections 13 & 16)
Or
65 years whichever is earlier
Powers and Functions of Commissions
(Section - 18):
 To receive and enquire into a complaint from
any person.
 Disposal of Appeals against the orders of Central
Public Information Officer or State Public
Information Officer as the case may be.
 To require the Public Authority to compensate
the complainant for any loss or other detriment
suffered.
 Impose any of the penalties provided under this
Act.
 Decisions of Commissions are binding.
Appeal Provisions (Section 19):
 Decision within 30 days, if not appeal to next
higher authority.
OR
Prefer an appeal, if aggrieved by the decision
 Second appeal
State
19(3)]
lies within 90 days to the
Information
Commission.
[Section
Penalties :
 Public authority to compensate complainant
for any loss or other detriment suffered.
 Penalty of Rs.250/- each day not exceeding
Rs.25,000/- till application is received or
information furnished.
 Also may recommend for disciplinary action.
Miscellaneous :

Bar of jurisdiction of Courts. (Section 23)
 Act not to apply to intelligence and security
organisations as mentioned in Second
Schedule. (Section 24)
Information pertaining to the allegations
of corruption and human rights violations not
excluded.
Monitoring and Reporting:
 Central
Information
Commission/State
Information Commission to prepare report on
implementation of the Act at the end of every
year and forward it to Government.
 Government to cause a copy of such report to
be laid before each House of Parliament or
State Legislature. (Section 25)