Object

To promote transparency & accountability in the working of every public authority, and to strengthen the democratic republic, to avoid corruption.

Commencement

Central Right to Information Act, 2005 came into force from 12th October, 2005

Extent of application [Section 1(2)]

The Act extends to the whole of India except the State of Jammu and Kashmir.

Information [Section 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. File notings are also covered.

Right to information [Section 2(j)]

"Right to Information" means the right to information held by or under the control of a public authority as accessible under the Act and includes the right to:

   i.  Inspect works, documents, records;

   ii.  Take notes, extracts or certified copies of documents or records;

   iii. Take certified samples of material;

   iv. Obtain information in the form of printouts, diskettes, floppies, tapes, video-cassettes or in any other mode.

Public authority [Section 2(h)]

Any authority or body or institution of self-government established or constituted:

   i.   By or under the Constitution;

   ii.   By any other law made by Parliament;

   iii.   By any other law made by State Legislature;

   iv.   By notification issued or order made by the appropriate Government and includes any —

 a.  Body owned, controlled or substantially financed;

 b.  Non-Government organisation substantially financed directly or indirectly by the appropriate Government.

Obligations of public authorities [Section 4]

Every public authority is required to publish:

   i.   The particulars of its organization, functions and duties;

   ii.  The powers and duties of its officers and employees;

   iii.  The procedure followed in its decision making process, including channels of supervision and accountability;

   iv.  The norms set by it for the discharge of its functions;

   v.  The rules, regulations, instructions, manuals and records used by its employees for discharging its functions;

  vi.  A directory of its officers and employees;

 vii.  The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

viii.  The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

 ix.  The manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;

 x.  The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

xi.  The names, designations and other particulars of the Public Information Officers.

xii. Form 26 November 2018, all public authorities of municipal corporations, zilla parishads and all other grassroot level offices have to compulsorily keep their offices open between 3 p.m. and 5 p.m. on every Monday for inspection by citizens and in case, Monday happens to be a holiday, then the same must be done on Tuesday.

Public Information Officers (Section 5)

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act.

Duties of PIOs (Section 5)

  i.  PIO is to deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.

  ii.  If the information requested for is held by or its subject-matter is closely connected with the function of another public authority, the PIO is to transfer, within 5 days, the request to that other public authority and inform the applicant immediately.

  iii.  PIO may seek the assistance of any other officer for the proper discharge of his/her duties.

  iv. U/s. 7, PIO, on receipt of a request, as expeditiously as possible, and in any case within 30 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 Section 8 or Section 9.

  v.  Where the information requested is concerned with the life or liberty of a person, the same is to be provided within forty-eight hours of the receipt of the request.

 vi.  If the PIO fails to give decision on the request within the period specified he is deemed to have rejected the request.

 vii. Where a request has been rejected, the PIO is to communicate to the requester—

(a) The reasons for such rejection,

(b) The period within which an appeal against such rejection may be preferred, and

(c) The particulars of the Appellate Authority.

Procedure for seeking information (Section 6)

   i. Any citizen of India desirous of seeking information should apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for;

   ii. Reason for seeking information is not required to be given;

   iii. Pay fees of ₹ 10/- as prescribed (if not belonging to the below poverty line category).

Time limit for providing information (Section 7)

   i. 30 days from the date of application;

   ii. 48 hours for information concerning the life and liberty of a person;

   iii. If the interest of a third party is involved then time limit will be 40 days (maximum period + time given to the party to make representation);

   iv. Failure to provide information within the specified period is a deemed refusal.

Payment of fees for information (Section 7)

  i.  For providing the information under sub-section (1) of section 7, the fee shall be charged by way of cash against proper receipt or by demand draft or banker's cheque payable or by way of money order to the public authority, at the following rates, namely:-

(a) When the concerned Department has already fixed the price of some documents, maps etc., the price so fixed plus postal charges;

(b) When the information is readily available either by way of photo copying, or by other way (copy):

(i) Rupees two for each page (in A-4 or A-3 size paper) created or copied plus postal charges; or

(ii) Actual charge or cost price of a copy in large size paper plus postal charges.

  ♦  For inspection of records, no fee for first hour, and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter;

  ♦  Provided that no postal charges shall be charged if the applicant collects the information personally.

  ii. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

Grounds of refusal to provide information (Sections 8 & 9)

  i.  If it is covered by exemption from disclosure (Section 8). In this case if applicant proves that it is connected with Public Interest then Information has to be provided. For e.g., Sales tax Department disallowed set off of purchasing dealer then he can ask for details of selling dealer such as copies of VAT returns & other necessary documents.

  ii.  If it infringes copyright of any person other than the State (Section 9).

The following is exempt from disclosure [Section 8)]

   i.  Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

  ii.  Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

  iii. Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

  iv. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

 v.   Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

 vi.  Information received in confidence from foreign Government;

vii.  Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

viii. Information which would impede the process of investigation or apprehension or prosecution of offenders;

 ix. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

 x.  Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;

 xi.  Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

Partial Information may be provided (Section 10)

Only that part of the record, which does not contain any information, which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided.

Third Party Information (Section 11)

  i.  If information sought is in respect of the third party or is treated as confidential by that third party, the PIO should give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration, provided that except in the case of 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.

 ii.  Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.

 iii.  Merely third party objects for giving information, is not sufficient ground for denial. PIO has to apply his mind & has to give the information required in the public Interest.

Appellate Authorities (Section 19)

  i.  First Appeal: To the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision.

 ii.  Second Appeal: To the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority.

 iii. Burden of proving that denial of Information was justified lies with the PIO.

 iv. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary.

  v. Second Appeal shall be disposed of within 90 days, extended up to 120 days.

Penal provisions (Section 20)

Every PIO will be liable for fine of ₹ 250 per day of delay, up to a maximum of ₹ 25,000/- for:

  i.  Not accepting an application;

 ii.  Delaying information without reasonable cause;

 iii. Mala fidely denying information;

iv. Knowingly giving incomplete, incorrect, misleading information;

v.  Destroying information that has been requested; and

vi. Obstructing furnishing of information in any manner.

The Information Commission at the Centre and the State levels has the power to impose this penalty.

The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. Website - rti.gov.in R.T.I. 2005 mandates timely response to citizen requests for Government Information.

Maharashtra amended RTI Rules

 1)  Request for information must not ordinarily exceed 150 words.

 2)  Request for information must relate to one subject matter only. If necessary, separate applications must be made if it relates to more than one subject

 3)  Public Information Officer (PIO) must allow the person inspecting the documents to take a pencil only. Role of courts

Residents can inspect government records in district level offices and local bodies such as municipal corporations and councils between 3 pm to 5 pm every Monday. In case of a public holiday on Monday, the inspection will be allowed on the next working day.

Role of courts

According to the RTI Act the decision of the SIC is binding on all parties. Courts are barred form inquiring into the decision of the SIC. But it must be remembered that this law gives effect to a fundamental right of citizens. According to the Constitution, the High Courts (Art.224) and the Supreme Court (Art.32) have the power to look into any matter relating to the fundamental rights of citizens. Technically, a citizen has the right to approach the High Court or the Supreme Court if/she is not satisfied with the decision of the SIC.

❑❑

ANNEXURE "A"

Format of application for obtaining information under the Right to Information Act, 2005

Affix here Court Fee Stamp of ₹ 10/-

To

The State Public Information Officer,

 1)  Full name of the applicant

 2)  Address

 3)  Particulars of information required

  i)  Subject-matter of information

 ii)  The Period to which the information relates

iii)  Description of the information relates

iv)  Whether information is required by post or in person.

(The actual postal charges shall be included in additional fees)

v)  In case by post (whether ordinary, R.P.A.D. or speed post)

 4)  Whether the applicant is below poverty line

(if yes, attach the photocopy of the proof thereof)

Place :

Date :

Signature of the Applicant

Addresses

 1) Central Information Commission

Room No. 326, 2nd floor, C-wing, August Kranti Bhavan,

Bhikaji Kama Place, Delhi 110066

Phone 011-26161137

E-mail - secy-cic@nic.in, fedsk_cic@gov.in

 

For Central Government RTI applications

Citizens can file online applications on the following link for selected departments.

https://rtionline.gov.in/index.php

 2)  Maharashtra State Information Commission

13th Floor, New Administrative Bldg., Opp. Mantralaya, Mumbai-400 032

Phone : 022-2285 6078, Fax 022-2204 9390

E-mail : cic.mumbai@maharashtra.gov.in; Website : www.sic.maharashtra.gov.in

Maharashtra Government 24X7

Toll free No. 1800 120 8040 for the help of citizens.

For Maharashtra state Government RTI applications

Citizens can file online applications on the following link for selected departments.

https://rtionline.maharashtra.gov.in/guidelines.php

Note - (There are additional divisional offices at Pune, Aurangabad and Nashik, Nagpur, and Amravati)