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 #$%&'()$*&# 
With the introduction of the Right to Information Act in 2005, a significant door has been
opened to the citizens of India to the way our government runs.

The Right to Information Act is a legislation that allows the public to access information
regarding government spending and policy. Article 19(1) (a) of the Indian Constitution
guarantees the fundamental rights to free speech and expression. Like any other servant who is
accountable to their employers the public servant is accountable to the people.

The Indian RTI Act has been acknowledged as one of the most progressive across the world.
Some of its key features are:

(a) Officers who don¶t respond within the stipulated 30 days can be fined Rs.250 per day;
further the same can affect their personal service records.

(b) Complusory declaration under section 4(1)(b) of the Act which discloses all critical
information about a public authority immediately and at cost.

(c) Leaving out some 18 government bodies, every branch, department, ministry, public sector
enterprise including the armed forces is bound to respond to request for information by citizens.

(d) Separate information Commission for enforcement of the law at both state and central level.

(e) Low cost of information and exemption of fees for below the poverty line citizens.

(f) Requires Public Authorities to disclose some standard information voluntarily.

RTI upholds the notion of transparency and accountability in democratic governance. With
relevance to this, the Act states:

- The right of any citizen of India to request access to information and the corresponding
duty of the government to meet the request, except exempted information (Section 18/19).

- The duty of the government to proactively make available key information to all (Sec. 4)

This legislation may be termed as one of the rarest legislations in the Indian Legal History which
provides for setting out the practical regime of µRight to Information¶ for
Citizens to secure access to information under the control of public authorities and in order to
promote transparency & 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 Legislation will prove to be a µLandmark¶, since it is enacted NOT for the people to follow
but for the Government to follow.
Through this legislation, the Government has made an attempt to administer itself, be answerable
to the people & penalize itself for lacking in providing the required information and regain
people¶s lost confidence in the bureaucratic system and setup.

Right to Information [Section 2(j)]:

Right to Information means the right to information accessible under this Act which is held by or
under the control of any public authority and includes the right to ²
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts where such information is stored in a computer or in any
other device.
 +,
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/ 

  

The protagonists of the eventual growth of Right to Information in India are a group of villagers
in central Rajasthan from an NGO called Mazdoor Kisan Shakti Sangathan (MKSS). In the year
1996 MKSS, founded by Magasaysay Awardee and Ex IAS officer Aruna Roy along with poor
farmers and workers, asserted their right to information by submitting a memorandum to the
local authority and obtaining certified copies of details on development expenditure. This
request for information broke an insidious cycle of corruption that was happening at the behest
of local elected leaders, contractors and government officers. Officers who were falsifying
records for public works and paying the money to bogus workers and contractors had nowhere
to hide. This action was the starting point of a nationwide movement for the right to information
and thereby people¶s participation in governance as their democratic right.

It has taken India 82 years to transition from an opaque system of governance, legitimized by the
colonial Official Secrets Act, to one where citizens can demand the right to information. The
recent enactment of the Right to Information Act 2005 marks a significant shift for Indian
democracy, for the greater the access of citizens to information, the greater will be the
responsiveness of government to community needs.

Right To Information is derived from our fundamental right of freedom of speech and expression
under Article 19 of the Constitution. If we do not have information on how our Government and
Public Institutions function, we cannot express any informed opinion on it. Democracy revolves
around the basic idea of Citizens being at the center of governance. And the freedom of the press
is an essential element for a democracy to function. It is thus obvious that the main reason for a
free press is to ensure that Citizens are informed. Thus it clearly flows from this, that the Citizens
Right To Know is paramount.The Act and its rules define a format for requisitioning
information, a time period within which information must be provided, a method of giving the
information, some charges for applying and some exemptions of information which will not be
given.
 *0+$$&#/&%12$*&#)$3

Right to Information Act or RTI is a central legislation, which enables the citizens to procure
information from a public authority. It provides the mechanism for obtaining information.

RTI Act is a progressive legislation based on citizen¶s right to know which is a fundamental
right, enshrined in the Constitution of India. The purpose of the act is to make the executive
accountable and ensure transparency in the implementation of schemes and policies. Under the
act, information may be sought from a public authority as defined under the act. Common
examples of public authorities are PMC, MSEB, RTO, PMT etc. Right to information includes
right documents

To see how the act has been effectively used by the citizens against the authorities, go to success
stories. 
Right to information is more or less a universal concept. The concept of Right to know and right
to Information, and right to make a demand for certain documents with the public authorities had
been dealt with, and have been appraised. The idea that governments withhold information for
the public¶s benefit has become outdated. During the last decade, many countries have enacted
legislations on freedom of information, giving their citizens access to governmental information,
and thus, opening way to true democracy.

In India, the Official Secrets Act 1923 was enacted to protect the official secrets. The new
information law intend to disclose information, replacing the µculture of secrecy¶ in
administration. It will promote public accountability which is a part of governance. Where the
accountability is exposed, the malpractice, mismanagement, abuse of discretion, bribery etc are
trimmed down.

The right to Know flows directly from the guarantee of free speech and expression in Art 19(1)a
of the Constitution of India. Yet, it requires fair and efficient procedures to make the freedom of
information work.
The first and most well known right to information movement in India was by the Mazdoor
Kisan Shakti Sangathan(MKSS) in Rajasthan during the early 1990¶s. MKSS¶s struggle for the
access to village accounts and transparency in administration is widely credited and sparked off
the right to information movement in India.
The Right to Information Act, 2005 provides the procedure by which the public can make
requests for information held by the public authorities. It also provides for the set up of
Information Commissions to deal with complaints and appeals arising in the information system.
The Act provides for the openness of the governmental activities and to publish regular
information. The Act also provides minimal exceptions to the right to information where national
security, public order, privacy etc are concerned.

The basic object of the Act is to provide access to information for the common man. And in
order to exercise the freedom of speech and expression, a citizen should be informed. Informed
citizenry which is the essence of RTI Act is the curator of democracy. The Act is also beneficial
to the governments themselves as openness and transparency in the decision-making process
assist in developing citizens¶ trust in government actions and maintaining a civil and democratic
society. The transparency and accountability in the public authority shall contain corruption and
thus, the government and its various instrumentalities become accountable to the governed, i.e.
the citizens.

A citizen has a right to seek such information from a public authority which is held by the public
authority or which is held under its control. This right includes inspection of work, documents
and records; taking notes, extracts or certified copies of documents or records; taking certified
samples of material held by the public authority or held under the control of the public authority.

The public authority under the RTI Act is not supposed to create information; or to interpret
information; or to solve the problems raised by the applicants; or to furnish replies to
hypothetical questions. Only such information can be had under the Act which already exists
with the public authority .
A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mod~ or through print-outs provided information is already
stored in a computer or in any other device from which the information may be transferred to
diskettes etc.

The information to the applicant shall ordinarily be provided in the form in which it is sought.
However, if the supply of information sought in a particular form would disproportionately
divert the resources of the public authority or may cause harm to the safety or preservation of the
records, supply of information in that form may be denied.

The Act gives the right to information only to the citizens of India. It does not make provision
for giving information to Corporations, Associations, Companies etc. which are legal
entities/persons, but not citizens. However, if an application is made by an employee or office-
bearer of any Corporation, Association, Company, NGO etc. who is also a citizen of India,
information shall be supplied to him/her, provided the applicant gives his or her full name. In
such cases, it will be presumed that a citizen has sought information at the address of the
Corporation etc.

Right to Information viz. RTI is a part of fundamental rights under Article 19(1) of the
Constitution, which says that every citizen has freedom of speech and expression. The people
cannot express themselves unless they know what¶s happening in the systems that govern them.
Every citizen, being the tax payee has the authority as the masters in a democratic system to
know how the government bodies and public authorities, meant to serve them, are functioning.

But it is quite unfortunate that the Government authorities are still hesitant to part with the
information under their control. It is in this context that the recently passed µRight to Information
Act¶ becomes very significant. Right to Information Act, 2005 is a public drafted legislation to
set out a mechanism to avail information in the hands of Public authorities and Government
Officials. It does not confer any new right, but simply lays down the procedures on how to apply
for information under the control of public authorities, and how to avail it.
 The preamble of Right to Information Act, 2005 says ± ³Democracy requires an informed
citizenry and transparency of information which are vital to its functioning and also to contain
corruption and to hold Governments and their instrumentalities accountable to the governed´As
sounded by its preamble, the Act envisages a corruption-free and transparent governance and
polity. The Act covers not only the Executive, but the judiciary and the legislature also. It
extends to the entire gamut of central, state and local government systems including those bodies
owned, controlled or substantially financed by government and also those Non-government
organizations substantially financed, directly or indirectly by funds provided by government.
Information relating to any private body that can be accessed by a public authority also comes
under the ambit of RTI Act, 2005.

The RTI Act defines ³Information´ as any material in any form3 including records, documents,
memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, and data material held in any electronic form. It is interesting to learn
that ³Right to Information´ also covers

Inspection of work, documents, records; taking notes, extracts, or certified copies of documents
or records; and taking certified samples of materialIt implies thatany citizen can exercise his
right to invigilate the transparency and accountability of governance or even insist that a
particular civil work be performed in his presence. Any citizen can avail a copy of every bill
settled from funds controlled by any of the public authoritiesand even thestatement of accounts
of every activity/project/event funded or organized by the Public Authority. Public authority is
also obliged to provide reasons for its administrative or quasi-judicial decisions to affected
persons, andpublish all relevant facts while formulating important decisions affecting the public.
Another interesting aspect of RTI Act is that there is ³Penalty for forfeiture of information´.
.
Section 4(2) of the Act says that ³it shall be the constant endeavor of every public authority to
provide as much information suo moto to the public at regular intervals through various means of
communication, including internet, so that the public shall have minimum resort to the use of this
Act to obtain information?So the dream is the change of mindset from maintenance of Official
Information in Secret to Maximum Voluntary disclosure of information.


The Request for information has to be submitted to PIO or APIO in writing or through
electronic means in English, Hindi or Official language of the area with a nominal Fee of Rs.
10/-. (There is no fee for persons Below Poverty Line). PIO can demand additional sum of Rs. 2
for each page created or copied f Having told the philosophy of Right to Information, it is
imperative that the ways and means of availing the information shall be set. So the RTI Act
directs that µ

Every Public Authority shall designate as many Public Information Officers (PIO@ in all the
administrative units or Offices under it as may be necessary to provide information to persons
requesting information´. PIO is also required to help any person making the request orally to
reduce the same in writing. The Act further stipulates that ³every public authority shall designate
an Officer at each sub-divisional or other sub-district level as Assistant Public Information
Officer (APIO) to receive the applications for information or appeals under this RTI Act for
forwarding the same forthwith to the respective PIO or 1st Appellate Authority or Information
Commission. The Burden of proving that PIO/APIO has acted reasonably and diligently in
discharge of his functions or obligations under RTI Act will be on the respective PIO/APIO.

PIO may seek assistance of any other Officer as he or she considers it necessary for the
proper discharge of his or her duties. Section 5(5) of RTI Act says that such Officer will be
deemed as PIO for the purposes of providing the information requested. All the Burden including
liability for Penalty on defiance of information will stand transferred to the Deemed PIO, if PIO
transfers the request to such Officer with a note indicating the same

or giving it as information to the requestor or Rs. 50/- per diskette/floppy if the same is given in
electronic form. Incase if Inspection of work is requested no fee is chargeable for the first hour,
but Rs. 5/- each for every subsequent hours.

The Act mandates that the PIO shall provide the requested information as expeditiously
as possible, but in no way later than 30 days. However the public authorities can take 5 days
more to part with the information sought, if such request is made through APIO. But in any case
where the requested information involves the question of ³life or liberty´, such information
should be given within 48 hours.

Section 6(2) of RTI Actmakes it clear that a person requesting information shall not be required
to give any reason for requesting the information or any other personal details. However this
freedom implies that the citizens shall show a greater sense of responsibility on the part of the
use of information in the media and elsewhere. (Dissemination shall be in Public Interest@ In
view of the national security, Intelligence and Security Organisations such as IB, RAW of
Cabinet Secretariat, BSF, SPG, CISF, DRDO, Special Branch CID of Andaman & Nicobar,
Directorate of Revenue Intelligence, Narcotics Control Bureau etc. have been exempted from
stringent provisions of the RTI Act. But it is very interesting to note that the information
pertaining to the allegations of corruption and human rights violations are not exempt from
disclosure even in the case of those organizations. That conveys the very intention of this
Legislation.

Now comes the real question ± What is the remedy if the requested information is
denied? RTI Act establishes an Independent and Non-judicial appellate mechanism in which a
body called ?Information Commission´ (Central Information Commission and State information
Commissions) has been set as the apex body. Further Section 23 of the Act asserts that µNo court
shall entertain any suit, application or other proceedings in respect of any order made under this
Act and no such order shall be called in question otherwise than by way of anappeal under this
Act¶.But this provision cannot be interpreted as a complete bar on jurisdiction of courts, since
the options of Writ petitions and Special Leave petitions always subsists. Information
Commission also would entertain the complaints from any one who is aggrieved on account of
any matter relating to obtaining information under this law including the cases where the public
authority refused to accept the RTI Request. 

In order to give an opportunity for the µpublic authority¶ to review its on decision as to
the denial of Information requested from PIO, the Act requisitions that an Officer senior in rank
to PIO be appointed as the First Appellate Authority, to whom the aggrieved citizen can appeal
within thirty days of expiry of time limits within which he/she should have received the
information requested. The First Appellate Authority (AA) shall ordinarily dispose of the appeal
within thirty days&%latest by the forty-fifth day with reasons for availing such prolonged period.
An appeal to the respective Central or State Information Commission may be made within a
period of 90 days from the date of decision of the Appellate Authority or from the date ofexpiry
of time limit for the disposalof the first appeal made before the first Appellate Authority.

Information Commission may, at the time of deciding any complaint or appeal, impose upon
PIO, a fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, if he/she has without any
reasonable ground: refused to accept an application for information; or delayed furnishing of
information; or malafidely denied information; or knowingly given incomplete, incorrect, or
misleading information; or destroyed information that has been requested; or obstructed
furnishing of information in any manner. So the Act has teeth; it can not only bark but bite also
But of course the PIO will be given a reasonable opportunity of being heard before any penalty is
impose him. .

. The RTI Act extends its arm further to declare that if PIO persistently violates his obligations
under RTI Act, Information Commission shall recommend for disciplinary action against such
PIOunder the service rules applicable to him


 *0+$-#)5(','# )$3


Every citizen has a right to know how the Government is functioning. Right to Information
empowers every citizen to seek any information from the Government, inspect any Government
documents and seek certified photocopies thereof. Some laws on Right to Information also
empower citizens to official inspect any Government work or to take sample of material used in
any work

Right to Information includes the right to:

1.Inspect works, documents, records.

2.Take notes, extracts or certified copies of documents or records.
3.Take certified samples of material.
4.Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in
any other electronic mode or through printouts.

"informationÈ 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.







 Ú%&),--

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any
person may submit a request to the PIO for information in writing. It is the PIO's obligation to
provide information to citizens of India who request information under the Act. If the request
pertains to another public authority (in whole or part) it is the PIO's responsibility to
transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In
addition, every public authority is required to designate Assistant Public Information Officers
(APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority.
The citizen making the request is not obliged to disclose any information except his name and
contact particulars.

The Act specifies time limits for replying to the request.

u If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
u If the request has been made to an APIO, the reply is to be given within 35 days of
receipt.
u If the PIO transfers the request to another public authority (better concerned with the
information requested), the time allowed to reply is 30 days but computed from the day
after it is received by the PIO of the transferee authority.
u Information concerning corruption and Human Rights violations by scheduled Security
agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days
but with the prior approval of the Central Information Commission.
u However, if life or liberty of any person is involved, the PIO is expected to reply within
48 hours.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either
denying the request (in whole or part) and/or providing a computation of "further fees". The time
between the reply of the PIO and the time taken to deposit the further fees for information is
excluded from the time allowed.
If information is not provided within this period, it is treated as deemed refusal. Refusal with or
without reasons may be ground for appeal or complaint. Further, information not provided in the
times prescribed is to be provided free of charge.

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the request, Rs. 2 per page
of information and Rs. 5 for each hour of inspection after the first hour. If the applicant is a
Below Poverty Card holder, then no fee shall apply. Such BPL Card holders have to provide a
copy of their BPL card along with their application to the Public Authority. States Government
and High Courts fix their own rules.

$2#'2%' &%1   

To
Public Information Officer
[department]
[address]

Right to Information Act 2005

Form A for applying for information under National Right to Information Act 2005

A. Full Name of Applicant:

B. Address:
C. Details of Information Required:

Place: Sd/-
Date: Signature of applicant
IPO No. Value Rs.Ten only

 Ú


1. In case I am not able to deposit this application in person, it will be deposited through a
messenger or sent through registered AD.

2. Where the number of pages exceeds 20, I will prefer to receive them in the scanned format on a
CD.



  

  Ú



The following notes are for the benefit and compliance of public authorities and have been culled
from various decisions of the Central Information Commission. For specific decision number and
date, please see http://cic.gov.in
1. A PA can divide responsibilities among PIOs, but every PIO & APIO has to accept every
application. Refusal is taken seriously.
2. A PIO named in the application has to provide information. He cannot transfer it to another PIO
within the same PA.
3. Section 6(3) of the Act cannot be invoked to transfer an application within the same PA.
4. Even if information is available on the website of the PA, a citizen can ask for it through an
application.
5. No document can be classified arbitrarily as secret or confidential except as provided for in the
Act.
6. Section 7(9) cannot be used to refuse information. It only means that the PIO can provide
information in the available format if the requested format disproportionately diverts resources of
the PA.
7. Any attempt at frustrating an applicant from submitting the application invites complaint under
Section 18(1). Such complaints are proceeded with by the Commissions with the power of a civil
court and provides for compensation to complainant.
PA= Public Authority; PIO= Public Information Officer; APIO = Assistant PIO
 +,,,'
/+, *0+$&#/&%12$*&#

In recent years, there has been an almost unstoppable global trend towards recognition of the
right to information by countries, intergovernmental organizations, civil society and the people.
The right to information has been recognized as a fundamental human right, which upholds the
inherent dignity of all human beings. The right to information forms the crucial underpinning of
participatory democracy - it is essential to ensure accountability and good governance. The
greater the access of the citizen to information, the greater the responsiveness of government to
community needs. Alternatively, the more restrictions that are placed on access, the greater will
be the feelings of 'powerlessness' and 'alienation'. Without information, people cannot adequately
exercise their rights as citizens or make informed choices.

The free flow of information in India remains severely restricted by three factors:
a. The legislative framework includes several pieces of restrictive legislation, such as the Official
Secrets Act, 1923;
b. The pervasive culture of secrecy and arrogance within the bureaucracy; and
c. The low levels of literacy and rights awareness amongst India's people.
The primary power of RTI is the fact that it empowers individual Citizens to requisition
information. Hence without necessarily forming pressure groups or associations, it puts power
directly into the hands of the foundation of democracy- the Citizen.
 77,25#',% 

77,25

(1) Any person who, does not receive a decision within the time specified or is aggrieved by a
decision of the Central Public Information Officer or State Public Information Officer, as the
case may be, may within thirty days from the expiry of such period or from the receipt of such a
decision prefer an appeal to such officer who is senior in rank to the Central Public Information
Officer or State Public Information Officer as the case may be, in each public authority.
(2) Where an appeal is preferred against an order made by a Central Public Information Officer
or a State Public Information Officer to disclose third party information, the appeal by the
concerned third party shall be made within thirty days from the date of the order.

,)&#'77,25

1. A second appeal against the decision shall lie within ninety days from the date on which the
decision should have been made or was actually received, with the Central Information
Commission or the State Information Commission.
2. If the decision of the Central Public Information Officer or State Public Information Officer,
as the case may be, against which an appeal is preferred relates to information of a third party,
the Central Information Commission or State Information Commission, as the case may be, shall
give a reasonable opportunity of being heard to that third party.
3. Second appeal shall be disposed of within thirty days of the receipt of the appeal or within
such extended period not exceeding a total of forty-five days from the date of filing thereof, as
the case may be, for reasons to be
recorded in writing.
 Ú%&),'(%,&% 28*#0#77,25
. &#$,#$-&/277,25AAn appeal to the appellate authority of DGFT in writing duly signed shall
contain the following information, namely :-

(i) Name and address of the appellant;

(ii) Name of Central Public Information Officer (CPIO) against the decision of whom the
appeal is preferred;

(iii) Brief particulars of the order including number, if any, against which the appeal is
preferred;

(iv) Brief facts leading to the appeal

(v) If the appeal is preferred against deemed refusal, the particulars of the application,
including number and date (if any) and name of the Central Public Information Officer
(CPIO) to whom the application was made;

(vi) Prayer or relief sought;

(vii) Grounds for the prayer or relief;

(viii) Verification by the appellant; and

(ix) Any other information which the appellate authority may deem necessary for deciding
the appeal.

. &)(1,#$- $& 2))&172#. 277,25.- Every appeal made to the appellate authority , DGFT
shall be accompanied by the following documents, namely :-

(i) Self-attested copies of the Orders or documents against which the appeal is being
preferred;

(ii) Copies of documents relied upon by the appellant and referred to in the appeal; and

(iii) An index of the documents referred to in the appeal.

 ,9(,-$/&%&:$2*#*#0*#/&%12$*&#.-
(1) 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-

(a) the Central Public Information Officer or State Public Information Officer, as the case may
be, of the concerned public authority;

(b) the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be,

specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information
Officer or State Public Information Officer, as the case may be, shall render all reasonable
assistance to the person making the request orally to reduce the same in writing.

(2) 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.

(3) Where an application is made to a public authority requesting for an 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:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as
practicable but in no case later than five days from the date of receipt of the application.
 Ú  

;
3




à
 Yudicial Branch is one of the important branches in the office of the
Deputy Commissioner. In the state of Meghalaya, where Yudiciary is not separated from
executive and legislature, the judicial system is under the administrative control of the Law
Department of the State Government. Deputy Commissioner is the Controlling Officer. He is
assisted by the Additional District Magistrate (Yudicial) and Extra Assistant Commissioners.
Yudicial Branch is also connected with Prosecution Branch.

  District Court, Williamnagar normally functions as the agency for settlement
of disputes between the individual or parties and the trial of persons accused of crimes. In fact,
judiciary finds its expression through the Yudicial Officers of the court who perform their works
in the interest of public service and justice.

  The Magistrates and Bench Assistants have their respective duties on the trial and
disposal of cases. The duties include:-

(1)Transfer of new cases to the magistrates for trial and disposal.
(2)Issue of summons, warrant of arrest and notices to the accused persons/parties
(3) Receipt and deposit of fines and forfeitures.
(4)Issue of court orders.
(5)Maintenance of Case Records.
(6)Maintenance of various registers.
(7)Submission of quarterly and half yearly and other reports of court cases.
(8)Miscellaneous correspondences regarding the judicial matters are discharged through
the Yudicial Branch.
 The Organizational structure at various level ±

B$2$,,C,5D,)%,$2%*2$@

Secretary, Law Department

Under Secretary/Deputy Secretary, Law Department

Ministerial Staff

A*-$%*)$,C,5

Deputy Commissioner/District Magistrate

Additional Deputy Commissioner/Additional District Magistrate (Yudicial)

Magisterial Courts

Ministerial Staff/Bench Assistants

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Like any other legislation, this Act also provides for exemptions to the Government from
disclosure of information regarding information - which would cause a breach of privilege of
Parliament or the State Legislature / harm the competitive position of a third party / endanger the
life or physical safety of any person / impede the process of investigation or apprehension or
prosecution of offenders / weaken confidence of the Foreign Government / Disclose the Records
of deliberations of the Council of Ministers, Secretaries and other Officers / relates to personal
information which has no relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central Public Information
Officer or the State Public Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such information / involve
infringement of copyright.

 Ú To hide or avoid giving the required information demanded, the Officers of the
concerned Public Authorities may resort to take advantage of these Exemptions. Hence it may be
necessary for the µInformation Seeker¶ to be clear in his mind about the exact interpretation of
the provisions and exemptions so that he may not be taken for a ride by the officials and can
claim his Right to information rightfully.
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A body to be known as the µCentral Information Commission¶ is constituted to exercise the
powers conferred on, and to perform the functions assigned to, it under this Act. The Central
Information Commission shall consist of² The Chief Information Commissioner and such
number of Central Information Commissioners as may be deemed necessary.

Every State Government shall constitute a body to be known as the _____________ (name of the
State) Information Commission to exercise the powers conferred on, and to perform the
functions assigned to, it under this Act. The State Information Commission shall consist of²
The State Chief Information Commissioner and such number of State Information
Commissioners as may be deemed necessary.

The Central Information Commission or State Information Commission shall, while inquiring
into any matter under this section, have the same powers as are vested in a civil court while
trying a suit under the Code of Civil Procedure, 1908.

Every public authority shall designate as many officers as the Central Public Information
Officers or State Public Information Officers, as the case may be, in all administrative units or
offices under it as may be necessary to provide information to persons requesting for the
information under this Act. Every public authority shall designate an officer at each sub-
divisional level or other sub-district level as a Central Assistant Public Information Officer or a
State Assistant Public Information Officer, as the case may be, to receive the applications for
information or appeals under this Act for forwarding the same forthwith to the Central Public
Information Officer or the State Public Information Officer or senior officer specified or the
Central Information Commission or the State Information Commission, as the case may be.

Timeframes within which the desired information should be made available by the concerned
Public Authority:

A person who desires to obtain any information 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, to²
(a) the Central Public Information Officer or State Public Information Officer, as the case may
be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public Information
Officer, as the case may be, specifying the particulars of the information sought by him or her.

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.

On receipt of a request the Central Public Information Officer or State Public Information
Officer shall as expeditiously as possible, and in any case within Thirty Days of the receipt of the
request, either provide the information on payment of such fee as may be prescribed or reject the
request for a reason. If the Central Public Information Officer or State Public Information Officer
fails to give decision on the request for information within the said period it shall be deemed to
have refused the request. The person making request for the information shall be provided the
information free of charge where a public authority fails to comply with the time limits specified.

 Ú Making requests for information through electronic means may not be easy
practically, since not all the Public Authority offices are fully computerized and may not have
computer savvy staff. The urban class who may resort to make request through electronic means
may get discouraged. Explanations like, µComputer error¶, µServer down¶ may be resorted to, for
avoiding furnishing of information.

Penalties for not making available the desired information:

If without any reasonable cause, the concerned Officer refuses to receive an application for
information or has not furnished information within the time specified or malafidely denied the
request for information or knowingly given incorrect, incomplete or misleading information or
destroyed information which was the subject of the request or obstructed in any manner in
furnishing the information, a penalty of two hundred and fifty rupees each day till application is
received or information is furnished, so however, the total amount of such penalty shall not
exceed twenty-five thousand rupees shall be imposed and / or disciplinary action against the
concerned Officer may be taken. Provided that the Central Public Information Officer or the
State Public Information Officer, as the case may be, shall be given a reasonable opportunity of
being heard before any penalty is imposed or disciplinary action is taken against him.

Effects:

In the first year of National RTI, 42,876 (not yet official) applications for information were filed
to Central (ie.Federal) public authorities. Of these 878 were disputed at the final appellate stage -
the Central Information Commission at New Delhi. A few of these decisions have thereafter
been mired in further legal controversy in the various High Courts of India. The first stay order
against a final appellate decision of the Central Information Commission was granted on
3.May.2006 by the High Court of Delhi in WP(C)6833-35/2006 cited as "NDPL & Ors. versus
Central Information Commission & Ors". The Government of India's purported intention in 2006
to amend the RTI Act was postponed after public disquiet, but has been revived again in 2009 by
the DoPT.
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(1) Every public authority shall, within one hundred days of the enactment of this Act, designate
as many officers as the Central Public Information Officers or State Public Information Officers,
as the case may be, in all administrative units or offices under it as may be necessary to provide
information to persons requesting for the information under this Act.

(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate
an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or
other sub-district level as a Central Assistant Public Information Officer or a State Assistant
Public Information Officer, as the case may be, to receive the applications for information or
appeals under this Act for forwarding the same forthwith to the Central Public Information
Officer or the State Public Information Officer or senior officer specified under sub-section (1)
of section 19 or the Central Information Commission or the State Information Commission, as
the case may be:
Provided that where an application for information or appeal is given to a Central Assistant
Public Information Officer or a State Assistant Public Information Officer, as the case may be, a
period of five days shall be added in computing the period for response specified under sub-
section (1) of section 7.

(3) Every Central Public Information Officer or State Public Information Officer, as the case
may be, shall deal with requests from persons seeking information and render reasonable
assistance to the persons seeking such information.

(4) The Central Public Information Officer or State Public Information Officer, as the case may
be, may seek the assistance of any other officer as he or she considers it necessary for the proper
discharge of his or her duties.

(5) Any officer, whose assistance has been sought under sub-section (4), shall render all
assistance to the Central Public Information Officer or State Public Information Officer, as the
case may be, seeking his or her assistance and for the purposes of any contravention of the
provisions of this Act, such other officer shall be treated as a Central Public Information Officer
or State Public Information Officer, as the case may be.
 




The enactment of the Right to Information Act, 2005 makes a noteworthy attempt to streamline
the working of the Public Authorities in respect of providing information to the people. The
Authorities will require being technology savvy, alert and need to imbibe in them the not before
attitude, of being answerable to the citizens. The Public Authorities will now require tightening
their belts so as to serve the people and truly contribute to the Information Technology era. As
for the citizens, this Act makes them aware of their one of the Constitutional Rights ± Right to
Information and gives them the opportunity to exercise it in good faith.

Privacy and confidentiality are important values, linked to the protection of autonomy and
individuality, which are themselves highly prized in a democratic society like India. Protection
of privacy and confidentiality in the fiduciary doctor-patient relationship serve important
individual and public health interests as their guarantee encourages people to seek necessary
medical care and disclose information necessary for personal and public health. The RTI Act
promotes other values critical in a democracy-transparency and accountability of government
actions. None of these values is absolute.

Indeed, application of the RTI Act in specific cases requires balancing of these values when a
request is made for information contained in medical or research records. We suggest that the
notion of "public interest" employed in the Act should be interpreted conservatively when it is
being balanced against the protection of information shared with an expectation of
confidentiality within a fiduciary relationship. Moreover, when a breach of confidentiality is
contemplated, only the least intrusive and most limited disclosure of information possible should
be permitted.