Salient Features of Right to Information Act, 2005

 

 

Article

Salient Features of Right to Information Act, 2005

The right to information has been recognized as a fundamental right of the citizens by various Courts including the Supreme Court of India. Accordingly, some of the state governments like Maharashtra, Goa, Karnataka, Rajasthan, Delhi, etc. enacted their local laws to provide information.  The central Government too enacted Right to Information Act, 2005 with a view to disseminate information in a systematic way. It has come into force on 12^th October, 2005. The Preamble of the Act seeks to promote transparency and accountability in the working of the government organizations. It sets a regime to provide information, barring exceptions. It gives an important right to citizens of India to seek information from any public authority as a matter of right. The salient features of the Act are as under:

Coverage: 

The Act is applicable to the whole of India including the Central & State governments and the Union territories. With the change in status of Jammu and Kashmir it also stands covered under this Act. It extends to all the three wings i.e. executive, legislature and judiciary and their public authority.  It also covers all the organizations constituted by law, from Panchayat to Parliament. Broadly, it covers all government Ministries, departments, semi-government organizations , autonomous bodies, local bodies, undertakings, universities, institutions, boards, banks, companies; Parliament, and the State Legislative Assemblies; Judiciary including the Supreme Court of India, High Courts, and lower courts, etc.

The Act empowers the governments to bring under its ambit other bodies owned, controlled or substantially financed viz. a viz. the non-government organizations substantially financed.  

Rights given under the Act: 

Under the definition of “right to information” the citizens may seek inspection of works, documents, records, taking notes, extracts, certified copies of documents, sample of material and other information available in electronic mode from any of the public authority.

Definition of information: 

The definition of “Information” opens access to almost all records maintained by the public authority. They may seek information available in any material 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.

The information relating to private bodies which can be accessed by a public authority under any other law may also be sought through the concerned public authority.

As per decision of the Central Information Commission "File Noting" cannot be denied unless they pertain to exempted items being dealt there.

Filing of application: 

The procedure for filing application is very simple. An application can be made on a plain paper to the concerned public authority (unless some statutory Form is prescribed) specifying the particulars of the information sought. It can be filed in English, Hindi or official language of the area.

The application may be given to Central/ Sate Public Information Officer of the public authority concerned. It can also be delivered to the Central Assistant Public Information Officer or State Assistant Public Information Office who will transfer it to the concerned public authority, within five days under intimation to the applicant.

The application can also be made through online system where such a provision has been made. The central government and Delhi government have made such a provision and their URL are as under:

https://rtionline.gov.in/

https://rtionline.delhi.gov.in/

The applications can also be sent through over 4000 designated Post Offices; Email and by post.

Fees: 

The applicants have to pay the requisite fee along with application to the respective public authority. The central government, the state governments and other Competent Authorities have been empowered to formulate fee rules. The central  government has enacted Right to Information Rules, 2012 which are applicable to the central government and Union territories. The following fee has been prescribed by GOI:

Application Fee                   Rs 10/-

Additional Page                   Rs 2/ per page A-4 or A-3

Large size paper                  Actual Charges

Sample or Model                Actual cost

Inspection of records          First Hour no fee; Subsequently Rs 5/- per 60 minutes

Floppy/Diskette                   Rs 50/-

 But no fee is charged from persons who are below poverty line (BPL).

Mode of payment: 

The fee can be paid in cash, through Demand Draft, Banker Cheque, and Postal Order. It can be paid in any other mode prescribed by the concerned Competent Authority.

Designation of CPIOs: 

The public authority have to designate senior officers as Central/State Public Information Officers who would be responsible for disposal of requests received under the Act in a time bound manner, failing which they can be penalized. Other officers associated in the disposal of such requests are known as deemed Central/State Public Information Officers and equally accountable for the lapses.

Designation of CAPIOs: 

The Act also provides for designation of Central/State Assistant Public Information Officers who should be available at Sub-Divisional/Sub-District office to facilitate receipt of applications and appeals, near the doorsteps.

Providing assistance to citizens: The Act mandates to provide assistance to citizens in writing down their requests and filing of application if they are unable to do so.

Applicant not to provide reasons or his locus standi: 

The Central/State Public Information Officer cannot ask reasons for seeking information from the applicants, nor can he question the locus standi of the applicant.

Time Frame for response: 

A response to the applicant has to be sent in a time bound manner as under:

The RTI applications about life or liberty cases have to be disposed of within 48 hours.
In routine cases the information or decision has to be conveyed within a period of 30 days.
Five days shall be added to the above response time, in case the application for information is given to Central/State Assistant Public Information Officer of another public authority.
 In case where the applicant seeks third party information the time frame for disposal of such request is 40 days.
 In the case of exempted organization a response has to be sent within 45 days.

Deemed refusal: 

Failure to provide information within the specified period is a deemed refusal and the applicants can file appeal with the first Appellate Authority within the public authority.

Information shall be given free of cost if the Public Information Officer fails to comply with the prescribed time limit.

Applicant has to be told reasons for rejection and time frame within which first appeal can be filed and with whom.

Provision of suo motu information: 

The Act provides for placing lot of information suo motu in public domain through web site or through publication of leaf lets, etc.

Exempted information: 

The Act lays down restrictions on providing information in certain areas. Section 8 says that there shall be no obligation to give information in the following areas:

a)    Concerning security and integrity of India.

b)    Forbidden to be published by the court of law.

c)    Disclosure of which leads to breach of privilege of Parliament/Assembly.

d)    Commercial confidence trade secrets and intellectual property. (Competent Authority may decide to give information if public interest warrants)

e)    Information received in fiduciary relationship (Competent Authority may decide to give information if public interest warrants)

f)     Information received in confidence from foreign governments

g)    Disclosure of which may endanger life and liberty.

h)   Which impedes the process of a investigation.

i)     Cabinet Papers including record or deliberation.

j)      Personal information which has no relationship to any public activity. (PIO/Appellate Authority may decide to give information if public interest outweighs)

 

Section 9 provides that information which leads to infringement of copyright may be withheld.

Exempted Organizations: 

The Act provides that the Central/State Governments may exempt some of the intelligence and security organizations from providing information concerning their organisations. However, in such cases the information relating to allegation of corruption and human rights violation is not exempted.

Third Party Information: 

The Act safeguards the interest of third party. If the information provided by third party to government agencies/department has been treated as confidential by the third party then the same can be given only after giving an opportunity to the third party to give his representation against the proposed disclosure, if any, before deciding the application on merits.

Appeals: 

The Act provides for two-tier of appeals. First appeal can be filed before a designated officer senior in rank to the Central/State Public Information Officers in the concerned public authority within 30 days from the expiry of the prescribed time limits or from the receipt of the decision. The first appeal has to be decided within 30-45 days.

The second appeal can be preferred to the Central/State Information Commission within 90 days of the date on which the decision was given or should have been made by the first Appellate Authority. Without filing first appeal one cannot go to the Central/Sate Information Commission in second appeal.

Constitution of a Central/State Information Commissions: 

The Act provides for constitution of a Central Information Commission at the center and State Information Commissions in the states. In the case of Union Territories the appeals can be filed before the Central Information Commission.

The Central Information Commission is headed by Chief Information Commissioner and can have up to 10 Information Commissioners. The State Information Commission is headed by a State Chief Information Commissioner and can have up to 10 State Information Commissioners.

Powers of the Commissions: 

These Commissions have been given wide powers to attend to complaints, appeals etc. filed by the citizens. They have been given powers for summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things, requiring the discovery and inspection of documents, receiving evidence on affidavit, requisitioning public records or copies from any court or office etc.

Imposition of Penalty: 

The Commission can impose penalty upon the Central/State Public Information Officer and those responsible for delays  or denial of information malafidely @ Rs. 250/- per day subject to maximum of Rs. 25,000/-. In the event of persistent default they can order institution of disciplinary cases against the officers. Burden of proving that denial of information was justified lies with the concerned officers.

Power to grant compensation: The Commissions are also empowered to give compensation to people who have suffered on account of information not being provided. The onus is on the applicant to prove that he has suffered on account of non- supply of information. The address of Central Information Commission is as under:

 

Central Information Commission, CIC Bhawan,

Baba Gang Nath Marg, Munirka, New Delhi, 110067

Powers to make rules: 

The Act empowers the Central and State governments viz-a-viz the Competent Authorities to frame the rules for fixation of fee and any other matter which are required to be or may be prescribed for the smooth implementation of the act.

Overriding effect: 

The Act has overriding effect over other legislation making it further powerful.

FAQ

Q1. Can a foreign national seek information under this Act?

Ans.1 As per section 3 a citizen of India can seek information under this Act.

Q2. Is there any sunset clause in it?

Ans. There is no sun set clause.

Q3. Has the Act been amended?

Ans. Yes, the Act has been amended in 2019.