RTI Course

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Capacity Building for Public Access to Information
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SALIENT FEATURES OF RIGHT TO INFORMATION ACT
R.K.CHOUBISA B.A.(Hons), M.A., M.Phil. Associate
Professor Public Administration HCM Rajasthan
State Institute of Public Administration,
Jaipur-3020 17 e-mail rk4_choubisa_at_hotmail.com Mo
bile 9414168624
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Demand for Governance
Responsive
Transparent
TODAY
User-friendly
Just and Efficient Policies
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BACKGROUND

• Promote Transparency of Information
• Promote openness in administration
• Promote Accountability in the working of every
• public authority
• Democracy requires an informed citizen
• Preservation of confidentiality of sensitive
• information.

The Convention on the Elimination of All Forms of
Discrimination againstWomen (CEDAW),
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RTI IN INDIA-A Revolutionary Step

• Removing the veil of secrecy.
• Promote Transparency of Information.
• Promote openness in Administration.
• Promote Accountability in the working of every
  public authority.
• Democracy requires an informed citizen.
• Empowerment of Citizenery.
• Preservation of confidentiality of sensitive
  information.
• Deeply rooted in Article 19(1).
• Building capacity of government officials as
  information providers,
• citizens as information seekers

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Administrative Accountability
Legislature
Executive
Political Leadership
Government
Judiciary
Bureaucratic Leadership
Citizen
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RTI ACT 2005 FACT SHEET

• The Right to Information Act, 2005
• Issued by Ministry of Law and Justice
  (Legislative Department)
• Act of Parliament Introduced in the Lok Sabha on
  23 December 2004, passed on 11 May 2005 by LS and
  12 May 2005 by RS.
• President Assent 15 June 2005
• Published in the Gazette of India Extraordinary
  Part II New Delhi Tuesday 21 June 2005

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Preamble

• To secure access to information under the control
  of public authorities
• To promote transparency and accountability in the
  working of every public authority
• To constitute a Central Information Commission
  and State Information Commissions

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• Chapter I Preliminary 2 sections

S T R U C T U R E

• Chapter II Right to Information and obligations
  of public Authorities Sections 3 to 11

• Chapter III The Central Information Commission
  Section 12 to 14

6 Chapters, 31 sections 2 Schedules

• Chapter IV The State Information Commission
  Section 15 to 17

• Chapter V Powers and functions to the Information
  Commissions, Appeals and Penalties Section 18 to
  20

• Chapter VI Miscellaneous Section 21 to 31

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EFFETCS

• Immediate Effect
• Obligations of Public Authorities Section 4(1)
• Designation of PIOs and APIOs Sec.5 (1) (2)
• Constitution of CIC and SIC Section 15 16
• Non applicability of the Act to Intelligence and
  Security Organisations Section 24
• Power to make rules to carry out the provisions
  of the Act by the Appropriate Government and the
  Competent Authority Section 27 and 28

• Remaining provisions- 120th day of its enactment
  (12 June 2005- 12 October 2005)

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Salient Features

• A citizen has a right to seek information from a
  Public Authority which is held by the Public
  Authority or which is held under its control.
• The right to seek information from a Public
  authority is not absolute. Section 8 and 9
  enumerate the categories of information which are
  exempt from disclosure.

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Salient Features

• Public authorities to designate Public
  Information Authorities and Assistant Public
  Information Officers within 100 days of the
  enactment.
• Application for seeking information is to be made
  to an officer of the Public Authority who is
  State Public Information Officer. He is
  responsible to deal with requests of
  information/assist persons seeking information.

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Salient Features

• The Act makes it obligatory for every Public
  Authority to make suo-motu disclosure in respect
  of the particulars of its Organization,
  functions, duties etc. as provided in section 4
  of the Act.
• Transfer of a request by a Public authority to
  another public authority wherein the subject
  matter/information is held by the latter.

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Salient Features

• A Citizen should make an Application to the
  State Public Information Officer in writing in
  English or Hindi or in the official language of
  the area in which application is made.
• The Application is to accompany a Demand
  Draft/Banker Cheque/Indian Postal Order of Rs.
  10 payable to the Accounts Officer of public
  authority as fee prescribed.

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Salient Features

• No prescribed form of application for seeking
  information. It can be made on plain paper with
  Name and complete postal address of the
  applicant.
• The information seeker is not required to give
  reasons for seeking information.
• Time limit-30 days/48 Hours/45 Days

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Salient Features

• If an application is not supplied information
  within the prescribed time or not satisfied with
  the information provided, he may prefer an appeal
  to the first Appellate Authority who is an
  officer senior in rank to the Public Information
  Officer.
• No fees for making an Appeal

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Salient Features

• Creation of an independent non judicial machinery
  State Information Commission to decide 2nd stage
  appeals.
• Legal framework of exercise of powers by
  Commission defined in the Act.
• Two tier appellate Forum 1. Appeal to
  departmental officer senior to the PIO, 2. To the
  Commission.

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Salient Features

• If Appellant Authority fails to pass an order on
  the appeal with in the prescribed period, if the
  appellant is not satisfied with the order of the
  First Appeal Authority, he may prefer a Second
  Appeal with the State Information Commission
  within 90 days from the date on which the
  decision should have been made by the First
  Appellant Authority or was actually received by
  the Appellant.

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Salient Features

• Provision of Complaint if the Public Information
  Officer fails to satisfy or it is a case of
  refusal access to any information requested under
  the Act or it is a case of over charging etc. The
  complaint can be made to the State Information
  Commission.
• The Commission decides the appeals and conveys
  its decision to the Appellant/ Complainant and
  First Appellant Authority.

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