The Right to Information Act 2005

National Campaign for People’s Right to Information

The RTI Act 2005 - Coverage

• Comes into effect from October 2005.
• Covers Central, State and Local governments, and
  - all bodies owned, controlled or substantially financed;
  - non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government (2(h))
• Covers executive, judiciary and legislature (2(e))
• Covers central, state and local governments.
• Includes information relating to private bodies which can be accessed under any other law for the time being in force (2(f))

The RTI Act 2005 – Some Definitions
"Information" includes any material in any form, opinions, advices, and samples.
"Right to Information" includes inspection of work, records; taking certified samples of material

• The RTI Act 2005 - Processes
• Application with fee, to Public Information Officer (PIO).
• PIO in each office/PA. Assistant PIO at sub-district levels
• Information within 30 days. 48 hours where life or liberty is involved.
• No action on application for 30 days is a deemed refusal.
• No fee for delayed response
  
  Exempt information:
• Affecting sovereignty, integrity, security, strategic, scientific or economic, or other interests of the State, relation with foreign state or leading to incitement of an offence;
• Forbidden by courts;
• Affecting privilege of Parliament or Legislature;
• Commercial confidence, trade secrets or intellectual property, unless larger public interest so warrants;
• received in confidence from foreign government;
• endangers life or physical safety or identifies confidential source of information or assistance
• impedes the process of investigation or apprehension
• cabinet papers, till after the decision has been taken, and the matter is complete, or over:
• personal information which would cause invasion of the privacy unless larger public interest justifies it.
  
  RTI Act 2005-Exemptions contd.
• Infringes copyright, except of the state.
• Intelligence and security agencies exempt – except for corruption and human rights violation charges
• Notice to third party
• Most exempt information released after 20 years.
• Notwithstanding anything a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.
  
  RTI Act 2005 - Appeals
• Appeals
• First appeal with senior in the department
• Second appeal with Information Commission
• Appeals to be settled in 30-45 days
• Onus of proof on refuser/public authority
• Envisages an independent Information Commission at the Central and State level.
• To be appointed by a committee of PM/CM, leader of opposition and one minister.
  
  RTI Act 2005 - Penalties
• Penalties
• Imposable by Information Commission on PIO or officer asked to assist PIO
• For unreasonable delay – Rs 250 per day up to Rs 25,000
• For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine
• Recommendation for departmental action for persistent or serious violations
  
  RTI Act 2005 - Access
• Universal Access – especially to the Poor
• Fee at a reasonable level. No fee for BPL.
• APIOs at sub-district levels.
• No need to specify reason for seeking information or other personal details
• Provision to reduce oral requests into writing
• Provision to provide all required assistance, including to sensorily disabled persons.
• Information to be provided in local languages
• Provision for damages

RTI Act 2005–Responsibilities of Public Authorities

• Publishing all relevant facts while formulating important policies or announcing the decisions which affect public (4(1)(c)).
• Providing reasons for its administrative or quasi judicial decisions to affected persons (4(1)(d)).
• Providing a large amount of information suo moto (4(2)).
• Providing information to Information Commission (25(2)).