Right To Know 1. When Does It Come Into Force?
Right To Know 1. When Does It Come Into Force?
Right To Know 1. When Does It Come Into Force?
2. Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir.
[S.(12)]
It 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 form of printouts, diskettes, floppies, tapes,
Video cassettes or in any other electronic mode or through printouts. [S.2(i)]
It shall publish within one hundred and twenty days of the enactment:-
iii. the procedure followed in its decision making process, including channels of
supervision and accountability;
vi. a statement of the categories of the documents held by it or under its control;
vii. the particulars of any arrangement that exists for consultation with, or
representation by the members of the public, in relation to the formulation of
policy or implementation thereof;
viii. a statement of the boards, councils, committees and other bodies consisting
of two or more persons constituted by it. Additionally, information as to whether
the meetings of these are open to the public, or the minutes’ of such meetings
are accessible to the public;
xi. the budget allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements made;
xiv. details of the information available to, or held by it, reduced in an electronic
form;
xvi. the name, designations and other particulars of the Public Information
Officer.[S.4(1)(b)]
ii. information which has been expressly forbidden to be published by any court
of law or tribunal of the disclosure of which may constitute contempt of court;
v. satisfied that larger public interest warrants the disclosure of such information;
viii. 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;
xi. information which relates too 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;
xii. 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.
Only that part of the record which does not contain any information which is
exempted from disclosure and which can reasonably be severed from any part
that contains exempt information, may be provided [S.10]
A third party means a person other than the citizen making a request for
information and includes a public authority. Third parties have a right to be heard
in respect of applications and appeals dealing with information submitted by them
to the Government in confidence. [S.2(n) and S.11]
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. Any officer, whose assistance has been sought by the PIO for the
proper discharge of his or her duties, shall render all assistance and for the
purpose of contraventions of the provisions of this Act, such other officer shall be
treated as a PIO.
· PIO shall 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.
· PIO may seek the assistance of any other officer for the proper discharge of
his/her duties.
· Where the information requested for concerns the life or liberty of a person, the
same shall be provided within forty-eight hours of the receipt of the request.
· If the PIO fails to give decision on the request within the period specified, he
shall be deemed to have refused the request.
· Where a request has been rejected, the PIO shall communicate to the
requester-(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.
· PIO shall provide information in the form in which it is sought unless it would
disproportionately divert the resources of the Public Authority or would be
detrimental to the safety or preservation of the record in question.
. If allowing partial access, the PIO shall give a notice to the applicant, informing:
(a) that only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question
of fact, referring to the material on which those findings were based;
(d) the details of the fees calculated by him or her and the amount of fee which
the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-
disclosure of part of the information, the amount of fee charged or the ;form of
access provided.
. 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.
3. Pay fees as may be prescribed (if not belonging to the below poverty line
category.
3. 5 days shall be added to the above response time, in case the application for
information is given to Assistant Public Information Officer.
4. If the interests of a third party are involved then time limit will be 40 days
(maximum period + time given to the party to make representation.)
2. If further fees are required, then the same must be intimated in writing with
calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by
applying to the appropriate Appellate Authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply
with the prescribed time limit.
1. First Appeal: 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 (delay may be condoned by the Appellate
Authority if sufficient cause is shown).
3. Third Party appeal against PIO’s decision must be filed within 30 days before
first Appellate Authority; and, within 90 days of the decision on the first appeal,
before the appropriate Information Commission which is the second appellate
authority.
4. Burden of proving that denial of Information was justified lies with the PIO.
5. First Appeal shall be disposed of within 30 days from the date of its receipt.
Period extendable by 15 days if necessary. (S.19)
2. Oath of which will be administrated by the Governor according to the form set
out in the First Schedule.
4. The Commission will exercise its powers without being subjected to any other
authority.
1. The State Information Commission has a duty to receive complaints from any
person-
a) Who has not been able to submit an information request because a PIO has
not been appointed;
4. All records covered by this law (including those covered by exemptions) must
be given to SIC during inquiry for examination.
f) seeking an annual report from the public authority on compliance with this law;
5. Compile and disseminate a User Guide for the public in the respective official
language.
6. Publish names, designation postal addresses and contact details of PIOs and
other information such as notices regarding fees to be paid, remedies available in
law if request is rejected etc. (S.26)
State Governments and the Competent Authority as defined in S.2(e) are vested
with powers to make rules to carry out the provisions of the Right to Information
Act, 2005. (S.27 & S,28)
22. Who has the power to deal with the difficulties while implementing
this act?
If any difficulty arises in giving effect to the provisions in the Act, the Central
Government may; by Order published in the Official Gazette, make provisions
necessary/expedient for removing the difficulty (S.30)
2. Each Department has a duty to compile reports from its Public Authorities and
send them to the State Information Commission, as the case may be.
3. Each report will contain details of number of requests received by each Public
Authority, number of rejections and appeals, particulars of any disciplinary action
taken, amount of fees and charges collected etc.
4. The State Government will table the report of the State Information
Commission before the Vidhan Sabha (and the Vidhan Parishad wherever
applicable). (S.25)
Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs.
25,000/-,for –
The Information Commission (IC) at the State level will have the power to impose
this penalty. The Information Commission can also recommend disciplinary
action for violation of the law against an erring PIO. (S.20)
Lower Court are barred from entertaining suits or applications against any order
made under this Act. (S.23) However, the writ jurisdiction of the Supreme Court
and high Courts under Articles 32 and 225 of the Constitution remains
unaffected.