Monday, February 11, 2019

Right to Information (RTI) Act 2005 Bare Act (Section wise)

RIGHT TO INFORMATION (RTI)   ACT 2005

Preface


          Right to Information (RTI)  Act 2005 is a fundamental and Substantive Act that is available to all countrymen.  The purpose to make this act easy and user-friendly to ensure it's comprehensive and wide use to curb corruption, help oneself and enlight oneself as well.

              We will go through this act with Four angles: 


1)  Section wise RTI    2)     RTI Handy for Appliant   3) PIO/FAA RTI 
4) Frequently Asked Question (FAQ)

1. Section wise RTI

          In this way, we will discuss RTI Act 2005 each section wise and only important subsections which are necessary to be taken into account to everyone are discussed with interpretations as Bulletised. 

Section: 1:-  Short title, extent and commencement. : 1(I) This Act may be called the Right to Information Act, 2005.  

1(2) It extends to the whole of India except the State of Jammu & Kashmir (As J&K deals with special status under Article 370). 

1(3)  The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the on the one hundred and twentieth day of its enactment. 

Section 2: Definitions: In this section, all terms that are used in this Act is defined.  In any Act, definitions are given in alphabetical order.  Means to say that all terms defined in this act are placed alphabetically in this section.  There are many terms are defined here but we need to focus on some important definitions mentioned below:

2(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly— 

            (i) by the Central Government or the Union territory administration, the Central Government;
           (ii) by the State Government, the State Government; 


Bullet (1): It refers to Central Government, State Government, Supreme Court, High Court etc. 


2(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;

2 (c) "Central Public Information Officer" means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5; 

Bullet (2): Central Public Information Officer is pertaining to offices of Central Government.   Means offices under central subject as per the constitution of India. Example: Income Tax, Indian Railway etc.  State Public Information Officer is pertaining to offices of State Governments.  Means offices under State subject as per the constitution of India. Example: Police, Education Department, Collector Office etc. 

2(d) "Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12.

2(e) "competent authority" means— 

          (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or 
               a Union territory having such Assembly and the Chairman in the case of the Council of 
               States or Legislative Council of a State; 

         (ii) the Chief Justice of India in the case of the Supreme Court; 

        (iii) the Chief Justice of the High Court in the case of a High Court; 

        (iv) the President or the Governor, as the case may be, in the case of other authorities    
               established or constituted by or under the Constitution; 

         (v) the administrator appointed under article 239 of the Constitution; 

 Bullet: Central Public Information Officer or State Public Information Officer as the case may be; belongs to the competent authority. 

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;

Bullet (3):  Information defined in this section against this act shall be used and an application for supply of information shall be written for information defined under this section.  Any application should not be written in the form of a Question.  Means under RTI Act, a question should not be asked.
Example: What is the name of the Prime Minister of India ? (Wrong)  it should be written as: Please provide the name of the Prime Minister of India (Right) because it suits as per definition under this section.  Information asked in the form of a question depends on the discretion of the appropriate authority whether to supply or deny.


2(h) "public authority" means any authority or body or institution of self-government established or constituted— 
          (a) by or under the Constitution; 
          (b) by any other law made by Parliament; 
          (c) by any other law made by State Legislature; 
          (d) by notification issued or order made by the appropriate Government, and includes any— 

               (i) body owned, controlled or substantially financed; 
               (ii) non-Government organisation substantially financed, directly or indirectly by funds 
                    provided by the appropriate Government; 

Bullet (4): Any private organization/institution/body is controlled by an appropriate government comes under the Act {Sec. 2(h)(d)(i)}.  Example: Any private Institution/ College/School is affiliated by University/Regulatory Body/Board (CBSC/ICSC etc.) and receiving services from that University/Regulatory Body/Board (CBSC/ICSC etc.) then RTI application should be addressed to CPIO/PIO of that University/Regulatory Body/Board(CBSC/ICSC etc.) and that PIO will collect information from that private Institution/ College/School and the same will be supplied to the applicant.

2(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15; 

2(l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15; 

2(m) "State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5; 

2(n) "third party" means a person other than the citizen making a request for information and includes a public authority.

Section: 3 Right to Information:  All Citizen of India has the right to information under this act.  

Bullet (5):  Only Indian citizens can exercise provisions of this act and also any Institution, NGO or any organization can not exercise provisions of this act as it is for Indian citizens not for any organization or body.  Office bearers of such organizations can exercise this act. 

Section 4:-  Obligations of Public Authorities: Under this act, obligations regarding the supply of information and proper execution of this act is deeply reflected. 

Section 5:- Designation of Public Information Officer (PIO):  

5(1) Public Information Officer (PIO): Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers (For Central Government offices)  or State Public Information Officers (For State Government offices), as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. 

5(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer (For Central Government Offices) or a State Assistant Public Information Officer (For State Government Offices), as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be: Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7. 

5(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

Bullet (6):  Every PIO is bound to provide reasonable assistance to applicants to ensure supply of information for the sake of spirit of this act for which it is introduced.  

(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties. 

Bullet (7):  RTI application received by this PIO can transfer to other PIO closely pertains to the information which is required to be supplied. 

(5) 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,

Bullet (8):  PIO to whom the RTI application is transferred shall be treated as PIO and he is bound to supply information.  In the case of the First Appeal,  the Appellate authority corresponding to this new PIO shall be taken into account. 

Section 6: Request for obtaining information:

6(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to— 

          (a) the Central Public Information Officer or State Public Information Officer, as the case may 
                be, of the concerned public authority; 
          (b) the Central Assistant Public Information Officer or State Assistant Public Information 
               Officer, as the case may be, specifying the particulars of the information sought by him or 
               her: Provided that where such request cannot be made in writing, the Central Public 
               Information Officer or State Public Information Officer, as the case may be, shall render all  
               reasonable assistance to the person making the request orally to reduce the same in writing. 

6(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. 

6(3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Request for obtaining information. 

         Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

Section 7: Disposal of Request: 

7(1) On receipt of a request  of RTI application under section 5(2) or 6(3) as the case may be shall, as expeditiously as possible, and in any case within 30 (Thirty)  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 sections 8 and 9:

          Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within 48 (Forty Eight) hours of the receipt of the request.

7(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

7(3)  Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—
          (a) the details of further fees representing the cost of providing the information as determined
          by him, together witth the calculations made to arrive at the amount in accordance with fee
          prescribed under subsection (1), requesting him to deposit that fees, and the period
          intervening between the despatch of the said intimation and payment of fees shall be excluded
          for the purpose of calculating the period of thirty days referred to in that sub-section;

          (b) information concerning his or her right with respect to review the decision as to the  
           amount  of  fees charged or the form of access provided, including the particulars of the   
           appellate authority, time limit, process and any other forms. (4) Where access to the record or             a part thereof is required to be provided und


7(7)   Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.

7(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,— (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.

Section 8: Exemption from Disclosure of Information:   RTI request of supply of information only can be rejected by citing section 8 & 9.
Section 9: Grounds for rejection to access in certain cases. RTI request of supply of information only can be rejected by citing section 8 & 9.

A detailed Blog shall be published separately on Section 8 & Section 9 of the Act.

Section10:  Severability
10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act.

Section 11: Third Party Information: 

11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information.

Bullet (9): Third party means any person other than the Applicant and Public Information Officer. 

In the case of a 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 interests of such third party.

Third Party in return should intimate the relevant PIO within 10 days whether the information should be supplied or otherwise.  If Third party is not willing of disclosure of information the same will be intimated to the applicant within the stipulated time frame.

Section 12: The Central Information Commission/Constitution of Central Information Commission:

12(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

12(2) The Central Information Commission shall consist of—

(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

12(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—

(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.

Bullet(10): The Central Information Commission shall be the Second Appellate Authority under this act in case of  RTI application pertains to Central Subject/Offices belong to Central Government.

Example:  RTI Application ---> Central Government Office like, Income Tax, Indian Railway, Ordnance Factories etc.  ----->  First Appeal to be placed before concerned Appellate Authority under this act ----->  Second Appeal shall be made to Central Information Commission.

Section 13Term of office and conditions of service of Central Information Officer:

13(1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment: Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

13(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as such Information Commissioner. 

Bullet(11): If Chief Information Commissioner or Information Commissioner as the case may be appointed at the age of 58 years his/her/their services as Central Information Commissioner or Information Commissioner as the case may be shall be come to an end at the age of 63.  Means five years of service or 65 years of age whichever comes earlier shall be taken into account.

Section 14: Removalof Chief Information Commissioner or Information Commissioner

14(1) The Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed. 

14(2)  The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. 

Bullet(12): The President of India is the appointing authority of Central Information Commissioners hence he has vested powers of their removal.


Section 15: The State Information Commission/Constitution of State Information Commission.

Bullet(13): Same as Central Information Commission, State Information Officer is appointed by Governor as The Government is the representative of the President of India.  All terms and conditions, like services etc. is the same as the Central Information Commission.  The only difference is: State Information Commission deals with cases pertain to RTI applications/appeals belong to State subjects.  Means to say that if RTI application is made to State Government Offices then State Information Commission shall be the Second Appellate Authority.

Section16: Term of office and conditions of service. 

Same as Central Information Commissioners.

Section 17Removal of State Chief Information Commissioner

Same conditions laid down for Central Information Commissioner provided that the Governor will act in place of the President as it pertains to States.


Section 18: Powers and functions of the Information Commissions, appeal and penalties

This is one of the most important sections of this act as it deals with powers, appeals and penalties and this section makes this act an obligatory for the supply of information under this act.

18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— 

(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in subsection (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; 

(b) who has been refused access to any information requested under this Act; 
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; 
(d) who has been required to pay an amount of fee which he or she considers unreasonable; 
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and 
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act. 

18(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

18(3) The Central Information Commission or State Information Commission, as the 5 of 1908 case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; 
(b) requiring the discovery and inspection of documents; 
(c) receiving evidence on affidavit; 
(d) requisitioning any public record or copies thereof from any court or office; 
(e) issuing a summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed. 

Bullet(14): Under this section, an applicant/appellant can complain to the Central Information Commissioner, State Information Commissioner as the case may be against PIO or FAA as the case may be.

Section 19: Appeal

Under this section, appeal is made against Public Information Officer, First Appellate Authority as the case may be.

19. (1) Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. \


19 (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: 
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Bullet(15):  Second appeal is filed under this section to Central Information Commission, State Information Commission as the case may be.

Section 20Penalties

Under this section, there is a provision of penalty to Public Information Officer (PIO)

20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so, however, the total amount of such penalty shall not exceed twenty-five thousand rupees: 
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: 
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer.

Section: 23  Bar of Bar of the jurisdiction of Court

23. No court shall entertain any suit, application or other proceedings in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. 

Section 24 Act not to apply to certain organisations

24. (1)Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that 


Section 27 Power to make rules by appropriate Government

27. (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

Bullet (16): Under the provisions laid down in this section, Several State Governments made rules for the implementation of the same under the line of this act. 

Bullet (17): Before making an application under this RTI act,  it is advised to go through the following ling to explore terms and condition specially RTI fees regarding.
 http://rti.gov.in/rti/states.asphttp://rti.gov.in/rti/states.asp

Bullet (18)  Time Period for supply of information: 

S.
No
Situation
Time limit for disposing
off applications
01
Supply of Information in normal course
30 days
02
Supply of information if the application is received through APIO
05 days shall be added to the time period indicated  at S.No. 01. (35 days)
03
Supply of information if it concerns the life or liberty of a person
48 hrs.
04
Transfer of application to other public authority under Section 6(3) of the Act
05 days.
05
Supply of information if applicable /request is received after transfer from another public authority:




(a)   In Normal course
(a) Within 30 days of the receipt of the application by the concerned public authority.
(b) In case the information concerned the life or liberty of a person.
(b) Within 48 hours of receipt of the application by the concerned public authority.
06
Supply of information where the applicant is asked to pay additional fee
The period intervening between informing the applicant abut additional fee and the receipt of such fee by the public authority shall be excluded for calculating the period of reply.
07
Supply of information by organizations specified in the Second Schedule:

(a) If information relates to allegations of violation of human rights (After approval of the Central Information Commission)
(a) 45 days from the receipt of application.
(b) In case information relates to allegations of corruption
(b) Within 30 days of the receipt of application.

Bullet (19)
(a) rupees two (Rs. 2/-) for each page ( in A-3 or smaller size paper)
(b) actual cost or price of a photocopy in larger size paper;
(c) actual cost or price for samples or models;
(d) rupees fifty (Rs.50/-) per diskette or floppy; and
(e) price fixed for a publication or rupees two per page of photocopy for extracts from the publication.
(f) no fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction there of; and
(g) so much of postal charges involved in supply of information that exceeds fifty rupees.
A citizen has a right to inspect the records of a public authority. For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs.5/-) for each subsequent hour (or fraction thereof) shall be charged.
 If the applicant belongs to the below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim as belonging to the below poverty line category. {Sec. 7(5) & Rule 5 of Right of Information Rules, 2012}

The application not accompanied by the prescribed fee of Rs.10/- or proof of the applicant’s belonging to below poverty line category, as the case may be, shall not be a valid application under the Act. It may be pointed out that there is no bar on the public authority to supply information in response to such applications.   However, provisions of Act would not apply to such cases. 

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