The Right to Information Act, 2005 (15th June, 2005)
ØIt is expedient for a public authority to provide certain information to the citizens who desire to have it.
ØObligation for public authority
Objectives:
lTo ensure greater and more effective access to information under the control of public authorities
lTo promote transparency and accountability in working of public institutions/organizations
What does it include?
lStatutory provisions made for right to information
lPublic Authority is under the obligation to provide information within 30 days form the date of request in normal cases or within 48 hours if information is a matter of life or liberty of a person
What does RIGHT TO INFORMATION mean?
The right to
lInspection of work, document records
lTaking notes, extracts, or certified copies of documents or records;
lTaking certified samples of material;
What does INFORMATION mean?
It means any material in any form including
lrecords
ldocuments
lmemos
le-mails
lopinions
ladvices
lpress releases
RECORD means
nAny document manuscript and file
nAny microfilm, microfiche and facsimile copy of a document
nAny reproduction of image embodied in such microfilm
nAny other material produced by a computer or any other device
Institutional setup
1. LEVEL 1
l Individual Institution/ Organization / Department/ office/ Establishment will have
l Public Information officer PIO (designated)
lAssistant PIO (designated)
PIO/APIO may seek the assistance of ANY OTHER OFFICER and this officer for the purpose of contravention of the provisions of this act shall be treated as a PIO/APIO
· Appellant Authority
2. LEVEL 2 At state Government Level will have The State Information Commission The State Chief Information Commissioner State Information Commissioners ( not exceeding 10)
3. LEVEL 3 At Central Government Level will have The Central Information Commission The Chief Information Commissioner Central Information Commissioners ( < 10 ) Making Request !
TO WHOM?
PIO
APIO
How to REQUEST ?
lin writing or through electronic means
lin English or Hindi or official language
lAccompanying fees ( prescribed)
FREE FOR BPL
DISPOSAL of Request !
l Register the request
l Acknowledge the receipt of FEES( BPL no)
Information with another Authority – transfer it immediately ( within 5 days, with intimation)
REJECTION ?
lIf decision is not given in writing within 30 days ----- DEEMED TO HAVE REFUSED
•Communicate in WRITING
–Reasons for rejection
–The period of appeal
–The particulars of appellate authority
EXEMPTION from disclosure
lInformation affecting:
Ø Sovereignty and integrity of INDIA
ØThe Security
ØThe strategic scientific or economic interests of the state
ØForeign Relations
ØLeading to incitement of offences
ØInformation forbidden to be published by any court of law / constituting contempt of court
§If public interest in disclosure outweighs the harm to the protected interest
§ the information which cannot be denied to the Parliament or State Legislature hall not be denied to any personSeverability/ Part Information
lSevere from any part that contains exempt information
lIf access is given to the part of Record
Third Party Information
lMeans a person other than the citizen making the request and includes A PUBLIC AUTHORITY
lInformation which
–relates to or supplied by a 3rd party andtreated as confidential by 3rd party
Appeal
lAny person who
ldoes not receive the decision within 30 days or
laggrieved by a decision
lMay prefer Appeal with
lOfficer Senior in rank to PIO
lWithin 30 days form ( condonation allowed) the receipt to decision
Penalities
lFor what ?
–Refusal to receive the request
–Information not given
–Malafidely denied the request
–Knowingly given the incorrect, incomplete or misleading information
–Destroying information which was the subject of request
–Obstruction in any manner in furnishing the information
Bar of jurisdiction of courts
lNo jurisdiction of civil courts
Monitoring and Reporting
lCIC/SIC will make annual report of its implementation and report to the GOVT
l Each public authority shall provide such information to SIC/CIC
lREPORT of
–Number of such requests
–No. of decisions
–No. of appeals referred to CIC/SIC, nature and out come of the appeals
–Particulars of any disciplinary actions taken against any offices
Included are!
lThe houses of Parliament
lThe State Legislature
lThe Supreme Court
lThe High Court and all other courts
lConstitutional Authorities like EC, CAG, UPSC
lInstitutions of Self Government
Organizations/ Institutions Excluded
Central Intelligence and Security Agencies
–IB , RAW
–Directorate of Revenue Intelligence
–Dir. Enforcement
–Narcotics Control Bureau
–Aviation research Center
–Special Frontiers Force
–All others mentioned in Schedule II
Exemptions not applicable
lInformation to legislature
lIf public interest in disclosure outweighs the harm to the protected interest
lOccurrences, events after 20 years except
–Security
–Contempt of court
–Cabinet
Points to Remember!
lIt comes into force on the 12th October, 2005
lSome provisions have already come in to force viz.
–Obligations of the public authorities
–Designations of PIOs / APIOS/ by 28th, Sep 2005
–Constitution of CIC and State Info. Comm.
–Non applicability of act to Intelligence and Security Agencies
–Power to make rules
Obligations of Public Authorities
lTo maintain and catalogue all the record or computerize the record and connect through network
lTo publish within 120 days ( form 15.6.2005)
–Particulars of organizations, functions, duties
–All the relevant information pertaining to the organization ( as stated in sec 4)
lDisseminate information easily accessible to the public