RIGHT TO INFORMATION ACT 2005
It is an act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.
The first application was given to a Pune police station. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens.
SCOPE:-
The Act covers the whole of India except Jammu and Kashmir where J&K Right to Information Act is in force. It covers all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies.
Siya ram V. B.S.A., Shahjahanpur -
"owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.
FEES:-
A citizen who desires to seek some information from a public authority is required to send, along with the application, a (demand draft or a bankers cheque or ) payable to the Accounts
Officer of the public authority as fee prescribed for seeking information. If the person is from a disadvantaged community he/she need not pay. The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the PIO as prescribed by the RTI ACT.
**NO FEE- BPL APPLICANT
The Applicant have to any pay additional fee for supply information as given below:-
Form of supply of information Cost
A4 or A3 size paper Rs.2/page + postage
Large size paper Actual
Samples/models Actual
For inspection of record No fee for the first hrs.; Rs. 5/subsequent hrs.
Diskette/ floppy Rs.50
WHAT IS INFORMATION ?
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 - Section 2(f) of RTI act,2005
RECORD:-
Record includes
Any document, manuscript and fileAny microfilm, microfiche and facsimile copy of a documentAny reproduction of images embodied in such microfilm (whether enlarged or not); andAny other material produced by a computer or any other device.
KEY CONCEPT OF RTI-
> Transparency & Accountability in the working of every public authority
The right of any citizen of India to request access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/24)The duty of Govt. to pro-actively make available key information to all (Sec 4).
A responsibility on all sections: citizenry, NGOs, Media.
WHAT DOES RTI MEAN ? section 2(j) RTI Act,20055
It includes the right to-
i. Inspect works, documents and 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.
Can the Information Officer direct the applicant to consult the web or any such source where the information is readily available and wash off himself?
Answer: No. The applicant may be advised suitably. Yet, the Information Officer shall not supply the information in the manner requested by downloading it himself if necessary.
Can the citizen ask for a copy of the application for appointment made by a certain Government servant?
Answer: Yes. Such request cannot be denied on the ground that it contains some personal matters not required to be disclosed.
Can anyone ask the PIO to supply in his own answer script?
Answer: Yes.
PUBLIC AUTHORITY:- Section 2(H)
It is any authority or body or institution of self government established or constituted...
By or under the Constitution
By any other law made by Parliament
By any other law made by State Legislature
By notification issued or order made by the appropriate Government, and includes any...
body owned, controlled or substantially financed,non-Government organization substantially financed, directly or indirectly by funds provided by the Govt. Adv.
Is University a public authority?
Answer: Yes. AIR 2006 NOC 145 (Kar.)
An institution receiving only grants for research, projects from the Govt. Of India, can be called a public authority?
Answer: Whether a public institution receiving grants for its administration or for specific projects , it is a public institution (Special Leave Application 30164/2008 dt. 5.1.2008 (Del.H.C.)).
Whether market committee is public authority?
Answer: Yes. (Agriculture Produce Market Committee vs. Meghraj Pundlikrao Dongre, AIR 2011 Bombay 48).
Whether schools and colleges receiving grants are public authorities?
Answer: Yes. (Shikshan Prasarak Mandal vs. State Information Commissioner, AIR 2011 (NOC) Bom. 137)
Public Information Officer:- Section 5 of RTI Act,2005
Public authorities have designated some of its officers as Public Information Officer.They are responsible to give information to a person who seeks information under the RTI Act.
PROCEDURE FOR OBTAINING INFORMATION:- Section 6 of RTI Act,2005
A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to public authority by providing contact details.
Cause of Information:- [Section-6(2)of RTI Act,2005]
An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him/her.
Transfer of Application to another Public Authority:- [Section- 6 (3) of RTI Act,2005]
Where an application is made to a Public Authority requesting for information:
(i) Which is held by another public authority; or
(ii) The subject matter of which is more closely connected with the functions of another Public Authority
The Public Authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other Public Authority and inform the applicant immediately about such transfer.
> Such application shall be transferred within 05 (Five) days from the date of receipt of the application.
THE RTI ACT 2005 PROCESS:-
Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO),Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub- district levels to receive applications/appeals/ complaints. Forward to appropriate PIO. These will be existing officers.Information to be provided within 30 days; 48 hours where life or liberty is involved; 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies under Schedule II.Time taken between intimation and acceptance of additional fees excluded from the time frame-sec 7(3)No action on application for 30 days is a deemed refusal-sec 7(2).No fee for delayed response-sec 7(6)
REGISTRATION PROCESS IN R.T.I COMMISSION:-
In R.T.I commission Registration done in following given steps:
1. Any citizen of Uttar Pradesh can request for information from any government sector organization.
2. After receiving the request P.I.O. has to register an Entry of that
3. Then PIO will send information as per the request of applicant.
4. If P.I.O. discovers that he cannot give that requested information Applicant
which was requested in that case he will reply that citizen that he cannot get information which he requested for.
5. If there is any complaint has been submitted by citizen for request then that complaint will be submitted by R.T.I Commission.
6. And that complaint should be examined by registrar,
7. Commission shall issue a notice for I.P.O. before 15 days of the hearing.
LIMITATION:-
Exemption for disclosure of information (Section 8).
Ground for rejection to access in certain cases (Section 9).
Act not to apply to certain organizations (sec-24) ( schedule II)
Exemption for disclosure of information:- Section 8 of RTI Act, 2005
Sovereignty and integrity of IndiaPrevented by courtsBreach of parliamentTrade secret, Intellectual property etcFiduciary relationshipInformation received in confidence from foreign governmentLife and physical safety of any personIssue under investigationCabinet paperInvasion in privacy
GROUND FOR REJECTION TO ACCESS IN CERTAIN CASES:- Section 9 of RTI Act,2005 Section 9 of RTI Act,2005
Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
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ACT NOT TO APPLY TO CERTAIN ORGANIZATIONS (SEC-24) - SCHEDULE-II[Schedule II (Section 24 of RTI Act,2005 ]
Intelligence and security organisation established by the Central Government:-
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Sashastra Seema Bal
16. Directorate General of Income Tax (Investigation)
17. National Technical Research Organization
18. Financial Intelligence Unit, India
19. Special Protection Group
20. Defence Research and Development Organization
21. Border Road Development Board
22. National Security Council Secretariat
23. Central Bureau of Investigation
24. National Investigation Agency
25. National Intelligence Grid
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Sample - RTI application form
To,
The public information officer
xxxxx
xxxxx
subject- Request for information under Right To Informaton Act, 2005
sir,
I am requesting the following information in writing under section-6 of the Right To Informaton Act, 2005
1.xxxxxx
2.xxxxxxx
3.xxxxxxxxx
I hereby infrom that following formalities have been completed by me:
1.that belong to BPL families (see enclosure) person belonging to BPL family need not pay any type of fees.
2. that i am citizen of India and I am asking the information the 'citizen'
3. I hereby state that the information sought is not covered under the categories which are exempted from disclosure of information under section-8 or 9 of Right To Informaton Act, 2005.
NOTE:- Please do not disclose my name and address to other without my consent.
Signature of applicant
Address of correspondence
Date:- Mr. xxxxxxx
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SHOULD POLITICAL PARTIES BE PLACED WITHIN THE PURVIEW OF RIGHT TO INFORMATION ACT, 2005
Section [2(h)] of the RTI Act -
The subject matter in the present report is whether the political parties fall under the ambit/purview of the Right to Information Act, 2005 (hereinafter referred as "RTI Act") or not, without taking into consideration the order dated 03.06.2013 passed by the Central Information Commission (hereinafter referred as "CIC") and whether the same should be placed in the purview/ambit of RTI Act? The RTI Act empowers the citizens with the right to access information under the control of 'public authorities
Accordingly, RTI Act creates a legal framework to make good this right by defining public authorities, allowing citizens to seek information from public authorities with regard to any information available with the said authorities in the form of record, imposing penalties on officials of public authorities upon failing to disclose 'information' defined in Section 2(f) as "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".
The RTI Act also mandates that "every public authority shall proactively disclose information -pertaining to it, and maintain its documents and records to facilitate the right to information under the Act". Record[Section [2(i)] ] here means "
(i) Any document, manuscript and file,
(ii) Any microfilm, microfiche and facsimile copy of a document,
(iii) Any reproduction of image or images embodied in such microfilm
(Whether enlarged or not); and
(iv) Any other material produced by a computer or any other device".
Section 4 of the RTI Act mandates to the public authority certain obligations chief among them being to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated.
The main object of the RTI Act is to promote transparency and accountability in the working of every public authority[ Preamble of the RTI Act ]. In the above stated provision it is important to state here about the "public authority", the definition given in the RTI Act under Section 2(h) is quoted below for ready reference:
"2 (h) "public authority" means any authority or body or institution of self-government established or constituted,-
(a) By or under the Constitution;
(b) By any other law made by Parliament;
(c) By any other law made by State Legislature;
(d) By notification issued or order made by the appropriate Government, and includes any-
(i) Body owned, controlled or substantially financed;
(ii) Non-Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government."
The question of "who is a public authority?" is critical one because it sets the boundaries of the scope of the RTI Act specifically and the transparency regime in the country, more generally. In the past decade, a wide variety of entities otherwise considered to be private entities (such as schools, colleges and sports associations) have been declared as public authorities, and have had to comply with the requirements of the RTI Act.
Presently, under the RTI Act the political parties are not included in the definition of "public authority" and being so they are not in the purview of RTI Act. The political parties should be made part and parcel of RTI Act for the following reasons:
(i.) All political parties carry out their activities on the basis of the funds received from the various sources such as business groups, businessmen, general public, government officials, employees of the private concern etc. and in the election process almost all the parties spend huge amount and if RTI Act would be applied then in that event the entire picture with respect to creation of fund and expenditure of particular political party would be crystal clear before the public at large and it would also reduce funding by unauthorized means.
(ii.) Making the political parties within the purview of RTI Act would be in furtherance of transparency regime of the country.
(iii.) Political parties primarily engage in activities relating to public welfare and development of the country which serves as the primary objective of political parties and as such they are liable to be included under the RTI Act.
(iv.) Political parties carry out their activities in furtherance of providing constitutional rights to the public at large and being so the parties indirectly are performing the duty of public authority.
(v.) Act, 1951 (hereinafter referred as "RPA, 1951") and performs All the political parties are covered under the Representation of the People their activities within the four corners of the Constitution of India and the said Act and they are also getting the benefit under the Income Tax Act, 1961 (hereinafter referred as "ITA, 1961"), Section 13A, and moreover, the donors (Section 80 GGB and 80 GGC) are also taking benefit (exemption) of the ITA, 1961, the said part of revenue is directly related to the public at large of the country. Thus the political parties should be made part and parcel of Government.
(vi.) On coming to know the details of fund and expenditure of a political party, the Election Commission of India could be approached for issuing necessary direction or for taking necessary action against erring political party.
(vii.) Knowledge of the details of fund and expenditure of a political party would be in the interest of open debate, which is a right of a citizen guaranteed under Article 19(1)(a) of Constitution of India.
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:-ASHUTOSH SINGH CHAUHAN
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