RIGHT TO INFORMATION ACT (2005) |
Introduction, Scope and Applicability |
The Right to Information Bill was introduced in the Lok Sabha in December 2004. It was passed by both houses of Parliament with major amendments in May 2005. The assent of the President was received on June 15 and the Act was notified in the Gazette on June 21. The law will become operational by 12th October 2005. This Act extends to the whole of India including J&K. This Act consists of 02 schedules. This law will have an overriding effect vis-Ã -vis the Official Secrets Act , 1923 and all other laws and orders passed by Governments that restrict information flow to people. Tamil Nadu was the first state to introduce the law on Right to Information in 1988. In other words, The Right to Information Act (RTI) 2005 is an Indian law that empowers citizens to access information held by government agencies. It aims to promote transparency and accountability in the functioning of government organisations by making information available to the public. Under the RTI Act, any citizen of India has the right to request information from a public authority. The public authority is obligated to provide the requested information within 30 days, except in cases where the information pertains to the life or liberty of a person, in which case the information must be provided within 48 hours. The information that can be requested under the RTI Act includes records, documents, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form, and any other information that is related to the public authority's functioning. The RTI Act also mandates the appointment of Public Information Officers (PIOs) at various levels of government to receive and respond to RTI requests. If a citizen's RTI request is denied, they can file an appeal with the first appellate authority, and if that too is denied, they can approach the State Information Commission or the Central Information Commission, depending on the level of government involved. The RTI Act also provides for penalties to be imposed on PIOs who fail to provide information within the stipulated time or who provide incomplete or misleading information. The Act also mandates that information that cannot be denied to Parliament or a State Legislature cannot be denied to a citizen under the RTI Act. |
Jurisdiction of the Act |
RTI Act Covers offices of Public Authorities established, owned or substantially financed by the Central Government, the State Governments and the Administration of the Union Territories (will include, Panchayats, municipalities and other local bodies). Any body owned, controlled or substantially financially by these governments is also included. This law will be applicable to all non-government organisations substantially financed directly or indirectly by these governments. Other Bodies: Information relating to a private body that can be accessed by a public authority under any law in force is also covered by the RTI Act. |
Important Sections of the Act | |
Section | Description |
Section 2(f) | Information : Information means any material in any form, including records, documents, e-mails, opinions, advocates, press releases, memos, circulars, orders, contracts, reports, papers ,models, data material held in any electronic form. |
Section 2(h) | Public Authority: Public authorities bodies of self government established under the constitution, or under any law or government notification. Includes ministries, public sector undertakings and regulators. Includes any entities owned, controlled or substantially financed and Non-government organisations substantially financed directly or indirectly by funds provided by the government. |
Section 2(I) | Record |
Section 2(j) | Right to Information: Inspect works. Documents. Record, take notes, extract certified copies of documents or records, take certified samples of material. |
Section 2(n) | Third Party |
Section 5 | Designation of Public Information Officer |
Section 8 | No private information can be provided |
Section 9 | Ground for rejection to access in certain cases. The PIO has been empowered to reject a request for information where an infringement of a copyright subsisting in a person would be involved. |
Section 10 | Partial Disclosure Allowed |
Section 12 | CIC (Central Information Commission:- CIC consists of One Chief Information Commissioner and Max 10 Central Information Commissioners. Shall be appointed by the President on the recommendation of the committee consisting of the PM as a chairman, leader of opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM. Salary shall be the same as the Chief Election Commissioner. |
Section 15 & 16] | SIC (State Information Commission): One State Chief Information Commissioner and not more than 10 State Information Commissioner. To be appointed by the governor on the recommendation of the committee consisting of the Chief Minister as the chairman, leader of the opposition in the Legislative Assembly and one Cabinet Minister nominated by the CM. |
Section 20 | Penalties |
Important Points to remember |
Under RTI Act, 2005, Public Authorities are required to make disclosures and functions. This includes: 1. Disclosure on their organisation, functions and structure. 2. Powers and duties of its officers and employees. 3. Financial Information Applicants who are below the poverty line are exempt from payment from RTI fee on production of the BPL Certificate Or Where a public authority fails to provide information within 30 days of receipt of application.Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/; for:Not accepting an application,Delaying information,Maliciously denying information, Knowing giving incomplete, incorrect, misleading information,Destroying information that has been requested, Obstructing furnishing of information in any manner. The Information Commission 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. First country to implements RTI – Sweden How many states in India had implemented RTI before 2005 – 9 States Tenure of Chief Information Commissioner in 2005 – up to five year or 65 years of age Who appoint CIC : President Maximum number of information commissioners – 10 Current tenure of CIC and Information Commissioner – As per the opinion of Central Government Chairman of the committee to appoint CIC - Prime Minister Charges : 10 Rs. (Free for BPL), draft is prepared in favour of Accounting Officer Information is provided in – 30 Days 1st appeal within 30 days 2nd appeal within 90 days A4/a3 size copy – 2rs Per page If a person wants to get information, how much will the Information Officer charge every hour after the first hour for inspection of records – 5 Rs. Per hour If a person wants to get information, how much will the information officer charge for each diskette or floppy : 50 Rs. If the Central Information Commission is found guilty under Section 20(1) or Section 7 (1) of the Right to Information Act 2005, how much financial penalty can be imposed on the Information Officer – Rs. 250 per day to maximum of Rs. 25,000/- How many cases, clauses and schedules are there in RTI Act 2005 – 6 cases and 31 clauses and 2 schedules. How many year old information can be requested under RTI – 20 Years Time limit to get the information concerning the life and liberty of a person – 48 hours File noting does not come under the definition of RTI Act 2005. Officer designated by public authorities in all administrative units or offices under it to provide information to the citizens – Public Information Officer (PIO) Section of the RTI Act states that all citizens shall have the right to information subject of the provision of the RTI Act – Section 3 |
Please make a detailed note on IIT act and statute
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