Monday, February 17, 2020

RIGHT TO INFORMATION ACT,2005


  • RIGHT TO INFORMATION ACT ,2005

  • BUSINESS LAW
  • LEGAL ASPECTS ( NET COMMERCE)
    JURISPRUDENCE,INTERPRETATION AND GENERAL LAW
  • DR. SHASHI AGGARWAL
  • INTRODUCTION TO RIGHT TO INFORMATION ACT,2005
  1. THE GOVERNMENT ENACTED RTI ACT ,2005 WHICH CAME INTO FORCE W.E.F 12 OCTOBER 12,2005 AND CAME INTO AFFECT AFTER 120 DAYS FROM THE ENACTMENT
  2. EXTENDS TO THE WHOLE OF INDIA EXCEPT THE STATE OF JAMMU AND KASHMIR
  3. INDIAN CITIZEN TO SEEK INFORMATION FROM A PUBLIC AUTHORITY IN THE PRESCRIBED MANNER IN ORDER TO PROMOTE TRANSPARENCY AND ACCOUNTABILITY IN THE WORKING OF SUCH PUBLIC AUTHORITY
  4. A CITIZEN HAS RIGHT TO RECEIVE INFORMATION AND THAT RIGHT IS DERIVED FROM THE CONCEPT OF FREEDOM OF SPEECH AND EXPRESSION COMPRISED IN ARTICLE 19(1)(a)
5.     APPLICABLE TO ALL CONSTITUTIONAL AUTHORITIES,INCLUDING THE EXECUTIVE.LEGISLATURE AND JUDICIARY ,ANY INSTITUTION OR BODY ESTABLISHED OR CONSTITUTED BY AN ACT OF PARLIAMENT OR STATE LEGISLATURE
  1. SWEDEN WAS THE FIRST EN ACTOR IN THE WORLD TO HAVE LEGISLATION RELATING TO PUBLIC  ACCESS TO PUBLIC DOCUMENTS
  2. MORE THAN 95 COUNTRIES AROUND THE WORLD HAVE IMPLEMENTED SOME FORM OF FREEDOM OF INFORMATION LEGISLATION
  3. THE SCHEME OF THE RIGHT TO INFORMATION ACT 2005
  1. CONSISTS OF TOTAL 31 SECTIONS AND 2 SCHEDULES ,DIVIDED INTO 6 CHAPTERS
  • OBJECTIVE OF THE ACT
  1. CONFERS ON ALL CITIZEN A RIGHT TO INFORMATION
  2. THE MAIN OBJECTIVE OF THE THIS ACT IS TO PROVIDE A SECURE SYSTEM TO ACCESS INFORMATION WHICH IS UNDER THE CONTROL OB PUBLIC AUTHORITIES
  • OTHER OBJECTIVES :
  1. TO PROMOTE OPENNESS,TRANSPARENCY IN THE WORKING OF EVERY PUBLIC AUTHORITY
  2. TO SECURE ACCESS TO INFORMATION UNDER THE CONTROL OF INFORMED CITIZEN
  3. TO STRENGTHEN THE DEMOCRACY BY THE MEANS OF EVERY PUBLIC AUTHORITY
  4. TO CHECK CORRUPTION AND CURB THESE KINDS OF PRACTICES PREVALENT IN THE SYSTEM
  5. TO MAKE THE GOVERNMENT AND THEIR INSTRUMENTALITY ACCOUNTABLE
  6. TO DISSEMINATE THE INFORMATION WITH IN SPECIFIED TIME
  7. TO ENSURE PARTICIPATION OF PEOPLE IN ALL THE MATTER RELATED TO GOOD GOVERNANCE
  8. TO PROVIDE THE PROPER REMEDY WITH OBJECTIVITY
  9. TO ENSURE CONSTITUTION OF CENTRAL INFORMATION COMMISSION AND STATE INFORMATION COMMISSION FOR THE PURPOSE OF IMPLEMENTATION OF THE PROVISION
  10. TO MAKE MEDIA MORE EFFECTIVE
  11. EFFECTIVE AND PROPER IMPLEMENTATION OF GOVERNMENT SCHEME


  • FEATURES
  1. EVERY CITIZEN HAS A RIGHT TO SEEK INFORMATION FROM A PUBLIC AUTHRORITY WHICH IS HELD UNDER HIS CONTROL
  2. THE RIGHT TO SEEK INFORMATION IS NOT ABSOLUTE
  3. APPLICATION TO BE MADE TO AN OFFICER OF THE PUBLIC AUTHORITY
  4. NO PRESCRIBED FORM OF APPLICATION
  5. THE ACT MAKES IT OBLIGATORY FOR EVERY PUBLIC AUTHORITY TO MAKE SUO MOTO DISCLOSURE IN RESPECT OF THE PARTICULARS OF ITS ORGANIZATION,FUNCTIONS AND DUTIES ETC AS MAY BE PRESCRIBED
  6. TIME LIMIT FOR PROVIDING INFORMATION IS PRESCRIBED UNDER THIS ACT
  7. NO FEE FOR MAKING AN APPEAL
  8. TWO TIER APPELLATE FORUM :
  1. APPEAL TO DEPARTMENT OFFICER SENIOR TO THE PUBLIC INFORMATION OFFICERS
  2. THEN TO COMMISSION
  • PROCEDURE FOR REQUISITE INFORMATION
  1. ALL AUTHORITIES MUST APPOINT PUBLIC INFORMATION OFFICER UNDER THIS ACT
  2. ANY PERSON MAY SUBMIT A REQUEST TO PIO IN WRITING
  3. DUTY OF THE PUBLIC PIO TO PROVIDE INFORMATION TO THE CITIZEN OF INDIA
  4. IF REQUEST PERTAINS TO ANOTHER PUBLIC AUTHORITY ( IN WHOLE OR PART) IT IS THE RESPONSIBILITY TO TRANSFER/FORWARD THE CONCERNED PORTIONS OF THE REQUEST TO A PIO OTHER WITH IN FIVE WORKING DAYS
  5. IN ADDITION EVERY PIO IS REQUIRED TO DESIGNATE ASSISTANT PIO TO RECEIVE RTI REQUEST AND APPEALS FOR FORWARDING TO THE PIO OF THEIR PUBLIC AUTHORITY
  6. THE APPLICANT IS NOT REQUIRED TO DISCLOSE ANY INFORMATION OR REASONS OTHER THAN NAME AND CONTACT PARTICULARS TO SEEK THE INFORMATION
  • MEANING OF INFORMATION
  • SECTION 2(f) IT MEANS ANY MATERIAL IN ANY FORM,INCLUDING
  1. RECORDS
  2. DOCUMENTS
  3. MEMOS
  4. E-MAILS
  5. OPINIONS
  6. ADVICE
  7. PRESS RELEASES
  8. CIRCULARS
  9. ORDERS
  10. LOG BOOKS
  11. CONTRACTS
  12. REPORTS
  13. SAMPLES
  14. PAPERS
  15. MODELS
  16. DATA MATERIAL HELD IN ANY ELECTRONIC FORM
  17. INFORMATION RELATING TO ANY PRIVATE BODY WHICH CAN BE ACCESSED BY A PUBLIC AUTHORITY UNDER ANY OTHER LAW

  • SECTION 2(J) RIGHT TO INFORMATION
  1. IT MEANS THE RIGHT TO INFORMATION ACCESSIBLE UNDER THIS ACT WHICH IS HELD BY OR UNDER THE CONTROL OF ANY PUBLIC AUTHORITY AND INCLUDES RIGHT TO :
  2. INSPECTION OF WORK,DOCUMENTS,RECORDS
  3. TAKING NOTES,EXTRACTS OR CERTIFIED COPIES OF DOCUMENTS OR RECORDS
  4. TAKING CERTIFIED SAMPLE OF MATERIALS
  5. OBTAINING INFORMATION IN THE FORM OF DISKETTE,FLOPPIES,TAPES,VIDEO CASSETTES OR IN ANY OTHER ELECTRONIC MODE OR THROUGH PRINTOUT WHERE SUCH INFORMATION IS STORED IN COMPUTER OR IN ANY DEVICE
  • SECTION 2 (n) THIRD PARTY
  • IT MEANS A PERSON OTHER THAN THE CITIZEN MAKING A REQUEST FOR INFORMATION AND INCLUDES A PUBLIC AUTHORITY
  • WHEN A PERSON MAKES A REQUEST FOR INFORMATION WHICH IS NOT RELATED TO HIMSELF IT IS REQUEST FOR AN INFORMATION RELATED TO THIRD PARTY
  • DEFINITION OF PUBLIC AUTHORITY
  • SEC 2(h) PUBLIC AUTHORITY : ANY BODY CONSTITUTED BY:-
  1. BY OR UNDER THE CONSTITUTION
  2. BY ANY OTHER LAW MADE BY THE PARLIAMENT
  3. BY AND OTHER LAW MADE BY THE STATE LEGISLATURE
  4. BY NOTIFICATION ISSUED OR ORDER MADE BY APPROPRIATE GOVERNMENT
  • SECTION 2(i)  RECORD
  • RECORD INCLUDES :
  1. ANY DOCUMENT ,MANUSCRIPT AND FILE
  2. ANY MICROFILM,MICROFICHE AND FACSIMILE COPY OF DOCUMENT
  3. ANY REPRODUCTION OF IMAGE OR IMAGE EMBODIED IN SUCH MICROFILM ( WHETHER ENLARGED OR NOT )
  4. ANY OTHER MATERIAL PRODUCED BY A COMPUTER OR ANY OTHER DEVICE
  • SECTION 3 PERSON ENTITLED TO RIGHT OT INFORMATION
  • THE PROVISIONS CONFERS THE RIGHT TO INFORMATION ON ALL CITIZENS IN ACCORDANCE WITH THE PROVISIONS OF THE ACT
  • SECTION 5 PUBLIC INFORMATION OFFICER
  1. EVERY PUBLIC AUTHORITY SHALL DESIGNATE AS PUBLIC INFORMATION OFFICERS ( PIO) AS MAY BE REQUIRED FOR EACH OF ITS ADMINISTRATIVE UNIT OR OFFICERS
  2.  A PUBLIC INFORMATION OFFICER UNDER THE ACT HAS TO DEAL WITH REQUEST FROM PERSONS SEEKING INFORMATION AND RENDER REASONABLE ASSISTANCE TO THE PERSON SEEKING SUCH INFORMATION
  3. SUCH PUBLIC INFORMATION OFFICER SHALL PROVIDE REASONABLE ASSISTANCE TO THE PERSON MAKING THE REQUEST ORALLY TO REDUCE THE SAME IN WRITING
  4. THE APPLICANT SHALL NOT REQUIRED TO GIVE ANY REASON FOR REQUESTING INFORMATION OR ANY OTHER PERSON DETAILS EXCEPT THOSE THAT MAY BE NECESSARY FOR CONTACTING THEM
  • SECTION 6 REQUEST FOR INFORMATION
1.     ANY PERSON WHO DESIRES ANY INFORMATION :
2.     SHALL MAKE IN WRITING OR THROUGH ELECTRONIC MEANS IN ENGLISH OR HINDI
3.     OR IN OFFICIAL LANGUAGE OF THE AREA IN WHICH THE APPLICATION IS BEING MADE
4.     TO PUBLIC INFORMATION OFFICER ( PIO) OR THE ASSISTANT OF THE PUBLIC AUTHORITY CONCERNED
5.     THE REQUEST SHOULD SPECIFY THE PARTICULAR SOUGHT BY THE APPLICANT AND SHOULD BE ACCOMPANIED BY THE REQUISITE FFE
  • SECTION 7 DISPOSAL OF REQUEST
  1. A PUBLIC INFORMATION OFFICER SHALL 
  2. DISPOSE A REQUEST FOR INFORMATION EXPEDITIOUSLY WITH IN MAXIMUM 30 DAYS OF ITS RECEIPT EITHER BY PROVIDING THE INFORMATION OR BY REJECTING THE REQUEST
  3. PROVIDE INFORMATION WITH IN 48 HOURS OF THE REQUEST IF THE SAME RELATE TO THE LIFE OR LIBERTY OF A PERSON
  4. STATE REASONS FOR REJECTING IN CASE REQUEST FOR PROVIDING INFORMATION HAS BEEN REJECTED
  5. 35 DAYS WHERE THE REQUEST IS GIVEN TO ASST PIO
  6. TIME TAKEN FOR CALCULATION AND INTIMATION OF FEES EXCLUDED FROM TIME  FRAME
  7. NO ACTION ON APPLICATION FOR 30 DAYS DEEMED REFUSAL
  8. IF THE INTEREST OF A THIRD PARTY ARE INVOLVED THEN TIME LIMIT WILL BE 40 DAYS ( MAXIMUM PERIOD PLUS TIME GIVEN TO THE PARTY TO MAKE REPRESENTATION ) NO FEE FOR DELAYED RESPONSE
  • SECTION 8 INFORMATION EXEMPT FROM DISCLOSURE
  1. INFORMATION EFFECTING NATIONAL SECURITY
  2. INFORMATION FORBIDDEN BY A COURT’S ORDER
  3. INFORMATION THE DISCLOSURE OF WHICH WOULD CAUSE A BREACH OF PRIVILEGE OF PARLIAMENT OR THE STATE LEGISLATURE
  4. INFORMATION INCLUDING COMMERCIAL CONFIDENCE,TRADE SECRETS OR INTELLECTUAL PROPERTY THE DISCLOSURE OF WHICH WOULD HARM THE COMPETITIVE POSITION OF THIRD PARTY UNLESS THE COMPETENT AUTHORITY IS SATISFIED THAT A LARGE PUBLIC INTEREST WARRANTS THE DISCLOSURE OF SUCH INFORMATION
  5. CONFIDENTIAL INFORMATION RECEIVED FROM FOREIGN GOVERNMENT
  6. INFORMATION ENDANGERING THE LIFE OR SAFETY OF A PERSON
  7. INFORMATION WHICH WOULD IMPEDE ANY INVESTIGATION OR PROSECUTION PROCEEDING
  8. SECTION 8 INFORMATION EXEMPT FROM DISCLOSURE
  9. CABINET PAPERS INCLUDING RECORD OF DELIBERATION OF THE COUNCIL OF MINISTERS SECRETARIES AND OTHER OFFICERS
  10. INFORMATION INVADING THE PRIVACY OF AN INDIVIDUAL
  • REJECTION OF REQUEST SECTION 9
  • THE PUBLIC INFORMATION OFFICER HAS BEEN EMPOWERED TO REJECT A REQUEST FOR INFORMATION WHERE AN INFRINGEMENT OF A COPY RIGHT SUBSISTING IN A PERSON WOULD BE INVOLVED
  • ROLE OF PUBLIC INFORMATION OFFICER
  • DUTY OF THE PIO TO CHECK WHETHER THE APPLICANT HAS MADE THE PAYMENT OF THE APPLICATION FEES OE WHETHER TH APPLICANT IS A PERSON BELONG TO THE BELOW POVERTY LINE CATEGORY. IF APPLICATION IS NOT ACCORDING TO THIS IT CANNOT BE TREATED AS APPLICATION UNDER THE RTI
  • DUTY OF THE PIO TO RENDER REASONABLE ASSISTANCE TO THE PERSON SEEKING INFORMATION
  • TO PROVIDE INFORMATION TO THE APPLICANT OR REJECT THE APPLICATION FOR ANY REASON SPECIFIED IN SECTION 8 AND 9 OF THE ACT
  • WHERE A REQUEST FOR THE INFORMATION IS REJECTED BY PIO HE SHOULD COMMUNICATE TO THE APPLICANT
  • REASON FOR SUCH REJECTION
  1. THE PERIOD WITHIN WHICH AN APPEAL AGAINST SUCH REJECTION CAN BE ENTERTAINED
  2. THE PARTICULAR OF THE APPELLATE AUTHORITY TO WHICH AN APPEAL CAN BE MADE
  • DUTY OF THE PIO TO INFORM THE APPLICANT AUTHORITY T ABOUT THE DETAILS OF ADDITIONAL FEES
  • SHOULD INFORM THE APPLICANT THAT THE INFORMATION ASKED FOR IS EXEMPT FROM DISCLOSURE U/S 8
  • DISPOSE OF THE CASE WITH IN 40 DAYS IF THE INTEREST OF A THIRD PARTY ARE INVOLVED
  • SHOULD PROVIDE INFORMATION WITH IN 48 HOURS IF INFORMATION SOUGHT CONCERNS LIFE AND LIBERTY OF A PERSON
  • DUTY OF PIO TO GIVE WRITTEN NOTICE TO THIRD PARTY WITH IN 5 DAYS OF THE RECEIPT OF REQUEST TO MAKE SUBMISSION IN CASE OF CONFIDENTIAL INFORMATION
  • DUTY NOT TO DISCLOSE THE INFORMATION RELATING TO COMMERCIAL CONFIDENCE,TRADE SECRET OR INTELLECTUAL PROPERTY OF A THIR PARTY
  • RESPONSIBILITY OF THE PIO TO PROVE THAT HIS ACTION WAS IN GOOD FAITH ONLY THEN HE CAN CLAIM PROTECTION FOR THE WORK DONE IN GOOD FAITH
  • DUTY OF THE PIO TO RENDER REASONABLE ASSISTANCE TO A PERSON WHO IS UNABLE TO MAKE A REQUEST IN WRITING
  • WHERE A DECISION IS TAKEN TO GIVE ACCESS TO A SENORILY DISABLED PERSON TO ANY DOCUMENT ,THE PIO SHALL PROVIDE SUCH HELP TO THE PERSON AS MAY BE APPROPRIATE FOR INSPECTION
  • PROCEDURE OF FILING RTI APPLICATION U/S 6 AND 7
  1. SUBJECT TO THE PROVISION OF THIS ACT U/S 3 ALL CITIZENS SHALL HAVE THE RIGHT TO INFORMATION
  2. ACCORDING TO SECTION 4 PIO PLAYS A VERY IMPORTANT ROLE. THE PUBLIC AUTHORITIES ARE THE REPOSITORY OF INFORMATION WHICH HAVE THE CITIZENS HAVE A RIGHT TO ACCESS UNDER THE RTI ACT 2005 . AN APPLICANT SHOULD MAKE ALL EFFORTS TO WHICH THE PUBLIC AUTHORITY CONCERNED WITH  REQUIRED INFORMATION. IF INFORMATION REQUIRED BY AN APPLICANT IS RELATED TO DIFFERENT PUBLIC AUTHORITIES THEN IT WILL TAKE A LOT OF TIME
  3. LOCATING PUBLIC INFORMATION OFFICER : EVERY PUBLIC AUTHORITY IS REQUIRED TO DESIGNATE PIOS AT EACH SUB DIVISIONAL LEVEL. THE APPLICANT SHOULD MAKE APPLICATION TO THE PIO OF THE CONCERNED PUBLIC AUTHORITY
  • PIO MAY BE AT DIFFERENT LEVEL “
  1. CENTRAL PUBLIC INFORMATION OFFICER ( CPIO)
  2. STATE PUBLIC INFORMATION OFFICER ( SPIO)
  3. ASSISTANT PUBLIC INFORMATION OFFICER ( APIO AT CENTRAL OR STATE LEVEL
  1. DRAFTING APPLICATION :
  1. NO PRESCRIBED FORMAT
  2. CAN BE MADE ON PLAIN PAPER
  3. NOT REQUIRED TO GIVE REASON
  4. MUST BE IN WRITING ( ENGLISH/HINDI OR THE OFFICIAL LANGUAGE OF THE AREA)
  5. SHOULD BE PRECISE AND SPECIFIC
  6. NO NEED TO GIVE PERSONAL DETAILS LIKE CASTE,PERMANENT ADDRESS OR RELIGION OF THE APPLICANT
  7. IF THE APPLICANT DOES NOT KNOW TO WRITE THE APPLICATION HE CAN TAKE THE HELP OF CONCERNED PIO/APIO
  1. SUBMITTING THE APPLICATION :
  1. BY POST/THROUGH ELECTRONIC MEANS/DELIVER IT PERSONALLY
  2. MAKE PAYMENT OF THE APPLICATION FEE AT THE TIME OF SUBMITTING THE APPLICATION
  3. IF THE APPLICANT BELONG TO BELOW POVERTY LINE EXEMPTED FROM FEES
6.     FEES FOR REQUESTING INFORMATION
  1.  DEMAND DRAFT/BANKER’S CHEQUE/INDIAN POSTAL ORDER OF RS 10 PAYABLE TO THE ACCOUNT OFFICER OF THE PUBLIC AUTHORITY AS FEES PRESCRIBED FOR SEEKING INFORMATION
  2. BY CASH/MADE ONLINE THROUGH INTERNET BANKING OF SBI OR THROUGH MASTER/VISA DEBIT/CREDIT CARDS

  1. MAY ALSO BE REQUIRED TO PAY FURTHER THE FEE TOWARDS THE COST OF PROVIDING THE INFORMATION
  2. A CITIZEN HAS A RIGHT TO INSPECT THE RECORD OF PUBLIC AUTHORITY,
  3.  NO FEE FOR FIRST HOUR BUT A FEE OF RUPEES FIVE FOR EACH SUBSEQUENT HOUR SHALL BE CHARGED
  1. FEES PRESCRIBED BY CENTRAL GOVERNMENT U/S 7
  1. FOR SUPPLY OF INFORMATION
  2. APPLICATION FEE RS 10
  3. COST OF STATIONERY RS 2 EACH PAGE OF THE INFORMATION
  4. COST PER FLOPPY /CD RS 50
  5. FOR INSPECTION OF RECORDS : NO FEE FOR FIRST HOUR AND RS 5 FOR SUBSEQUENT HOURS



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