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The Right to Information Act,2005The salient features
Prof. K. SubramanianDirector, ACIIL, IGNOU
Consulting IT Adviser to CAGEX-DDG(NIC), Min of C & IT
What is the RTI Act? A comprehensive legislation that
confers statutory rights on citizens to seek information from public authorities
The right to information is derived from our fundamental right of expression under Article 19 of the Constitution
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When does it come into force? The Right to Information Act comes into
force all over the country on October 12, 2005
It was tabled in Parliament on December 23,2004 and was passed on May 12,2005
Received President’s assent on June 15,2005.
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What is exempt? The Act is not applicable to the State of
Jammu and Kashmir Not applicable to intelligence and
security agencies like the IB,RAW,BSF etc.
Exempts all documents of the cabinet and council of Ministers
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Key Provisions Preamble/Purpose Who can seek information? From whom can one seek information? Procedure for seeking information? Denial of Information? Penalties
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Purpose and reason practical regime of right to information
for citizens to secure access to information under the control of public authorities,the Constitution of a Central and State Information Commissions and for matters connected therewith and incidental thereto.
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What is information? 2(f) "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;
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Public authority 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
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Public authority (continued) 2(h)(d) by notification issued or order made
by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government
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Definition : record 2(i) "record" includes— (a) any
document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device;
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Section 3: Right to information Subject to the provisions of this Act, all
citizens shall have the right to information
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Section 4: Obligations of public authorities Maintenance of records… Publication of information… Endeavour to provide suo moto info to
public at regular intervals through internet and other means,so the use of this Act is minimal
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Section 4(1)(a):Mandatory Computerisation All records to be duly catalogued and
indexed to facilitate the right to information under this Act and ensure that all records that can be computerised are computerised and connected through a network all over the country on different systems so that access to such records is facilitated
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Section 5:Designation of Public Information Officers All administrative offices of public
authorities have to appoint Public Information Officers
May also appoint assistant public information officers at sub-division or sub-district level
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Section 6:Request for obtaining information No reason is to be given for making a
request Nor any personal details to be provided
other than necessary for contacting the applicant
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Section 7:Disposal of request As expeditiously as possible,and in any
case within 30 days of the request or reject the request for any of the reasons specified in sections 8 or 9
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Section 8: Exemptions from disclosure of information 10 categories of exemption have been
provided In spite of the official secrets act. A
public authority may allow access to information if the public interest in disclosure outweighs the harm to the protected interest
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Section 9:Grounds for rejection to access in certain cases
…..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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Section 10 : Severability Access may be provided to part of the
information if another part of the information is exempted under section 8 or 9
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Section 11: Third party information Third party must be given notice that
information is to be disclosed in case of confidentiality
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Section 12:Constitution of Central Information Commission
Constituted by Central Government Notified in the Gazette Chief Information Commissioner Upto 10 Central Information Commissioners Appointed by the President ,recommended by
committee of PM,leader of opposition and one Union Cabinet Minister nominated by the PM
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Section 18:Powers and functions of Commissions Receive and inquire into complaints Has the powers of a civil court May examine any record,and no record
shall be withheld from it on any grounds
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Section 20: Penalties ….upto Rs 250/- per day Not exceeding Rs 25,000/- Also disciplinary action under the
service rules applicable
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Section 22: Act to have overriding effect The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923),and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
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Section 23:Bar of jurisdiction of courts No court shall entertain any
suit,application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
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Section 24:Act not to apply to certain organisations Act not to apply to intelligence and
security agencies But information pertaining to
corruption and human rights violations shall not be excluded under this section
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Section 25:Monitoring and reporting Annual reports on implementation of
this Act Items to be covered: number of
requests,number of denials,appeals,disciplinary actions,recommendations..
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Section 26:Appropriate Government to prepare programs
Educational programs Dissemination of information
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Challenges in Implementation Open coverage of time, depth , subject Automation necessitated-How Far & How
much? Exemptions-Security, defence and
restricted? Relevance and need of the petitioner? Time of answer: Complexity, depth, multi
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Challenges in Implementation Decisions of the past, present & future Accountability, Transparency and
Notings in files Archival Complexity-if not digitized. People Complexity-Serving & Retired &
transfered
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FOR FURTHER INFORMATION PLEASE CONTACT :-E-MAIL: [email protected];[email protected]:91-11-3235446Office of the CAG,10, B.Z. Marg,New Delhi-110002
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