Right To Information (Rti) Act 2005

Adv. Subhan Bande, Kadapa. subhanbande@gmail.
com
RIGHT TO INFORMATION (RTI) ACT 2005
ALONG WITH
PROCEDURE FOR FILING

RTI APPLICATION
Video Lecture
SUBHAN BANDE
ADVOCATE
KADAPA
subhanbande@gmail.com
Introduction
 It extends to the whole of India except the State of Jammu and Kashmir.
 Subject to the provisions of this Act, all Indian citizens shall have the Right to Information (Sec-3).
 Limitations
 Section-8
 Section-9
 Schedule-II
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

Introduction
 Limitations EXEMPTION FOR DISCLOSURE OF INFORMATION (SECTION-8)
1. Sovereignty and Integrity Of India
 Section-8 2. Prevented by courts
 Section-9 3. Breach of privilege of Parliament

4. Trade secret, Intellectual property, etc.
 Schedule-II
5. Fiduciary relationship
6. Information received in confidence from foreign
Government
7. Life and physical safety of any person
8. Issues under investigation
9. Cabinet papers
10. Invasion in privacy
Introduction
 Limitations GROUND FOR REJECTION TO ACCESS IN CERTAIN CASES
 Section-8 (SECTION-9)
 Section-9
Without prejudice to the provisions of section 8, a
 Schedule-II 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.

Introduction
 Limitations
 Section-8
 Section-9
 Schedule-II

Act not to apply to certain
organizations (Sec-24) – Schedule-II
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
14. Assam Rifles.
2. Research and Analysis Wing of the Cabinet Secretariat.
15. Sashastra Seema Bal
3. Directorate of Revenue Intelligence.
16. Directorate General of Income Tax (Investigation)
4. Central Economic Intelligence Bureau.
17. National Technical Research Organization
5. Directorate of Enforcement.
18. Financial Intelligence Unit, India
6. Narcotics Control Bureau.
19. Special Protection Group
7. Aviation Research Centre.
20. Defence Research and Development Organization
8. Special Frontier Force.
21. Border Road Development Board
9. Border Security Force.
22. National Security Council Secretariat
10. Central Reserve Police Force.
23. Central Bureau of Investigation
11. Indo-Tibetan Border Police.
24. National Investigation Agency
12. Central Industrial Security Force.
25. National Intelligence Grid
13. National Security Guards.
Definitions……Information
(Section-2(f))
 Information means any material in any form Records
including…. Documents
Memos
E-mails
Opinions
Advices
Press releases
Circulars
+ Orders
Logbooks
Contracts
Reports
information relating to any private body which can Papers
be accessed by a public authority under any other Samples
law for the time being in force. Models
Data material held in any electronic form
Definitions……Record
(Section-2(i))
Record includes
 Any document, manuscript and file
 Any microfilm, microfiche and facsimile copy of a document
 Any reproduction of image or images embodied in such microfilm (whether
enlarged or not); and
 Any other material produced by a computer or any other device.

Definitions……Right to Information
(Section-2(j))
It includes the right to -

 inspect works, documents, records.
 take notes, extracts or certified copies of documents or records.
 take certified samples of material.
 obtain information in form of printouts, diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through printouts.

Definitions……Right to Information
(Section-2(j))
 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?
A: 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?
A: 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?
A: Yes.
 Can an examinee ask for answer scripts of other examinees?

A: No, because they are treated as confidential between the examinees and Public Service Commission.
 Can the examinee ask for the names and addresses of the examiners?
A: No. It is opposed to public interest.(AIR 2013 Uttarakand 57).
Definitions……Competent Authority
(Section-2(e))
Competent Authority means….

 the Speaker in the case of the House of the People or the Legislative Assembly of a
State or a Union Territory having such Assembly and the Chairman in the case of the
Council of States or Legislative Council of a State;
 the Chief Justice of India in the case of the Supreme Court;
 the Chief Justice of the High Court in the case of a High Court;
 the President or the Governor, as the case may be, in the case of other authorities
established or constituted by or under the Constitution;
 the administrator appointed under article 239 of the Constitution;

Definitions……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
 Bynotification issued or order made by the appropriate Government,
and includes any…
o body owned, controlled or substantially financed,
o non-Government organization substantially financed, directly or indirectly by
funds
Adv. Subhan Bande, Kadapa.provided by the Govt.
Definitions……Public Authority
(Section-2(h))
 Is University a public authority?
A: 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?
A: 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?
A: Yes. (Agriculture Produce Market Committee vs. Meghraj Pundlikrao Dongre, AIR 2011
Bombay 48).
 Whether schools and colleges receiving grants are public authorities?
A: Yes. (Shikshan Prasarak Mandal vs. State Information Commissioner, AIR 2011 (NOC) Bom. 137)
 Can a citizen apply for information about what is going on in a private institution to the PIO?
A: Yes, the PIO has to procure such information from the private body and supply it to the
applicant.
PIO & APIO (Section-5)
PUBLIC INFORMATION OFFICER (PIO)

 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.  Is the Information Officer a statutory officer?
ASSISTANT PUBLIC INFORMATION OFFICER (APIO) A: No. He is a service person invested with additional duties.
 These are the officers at sub-divisional level to whom a person can give his RTI These
officers send the application to the Public Information Officer of the public authority or
the concerned appellate authority.
 An APIO is not responsible to supply the information.
 The APIOs appointed by the Department of Posts in various post offices are working as
Assistant Public Information Officers for all the public authorities under the Government
of India.
Responsibilities of Public Authority
(Section-4)
Section- 4 (1) (b): Public Authority shall publish the following information…..
 The particulars of its organisation, functions and duties;  A directory of its officers and employees;
 The powers and duties of its officers and employees;  The monthly remuneration received by each of its
 The procedure followed in the decision making officers and employees,
process
 The manner of execution of subsidy programmes,
 The norms set by it for the discharge of its functions; including the amounts allocated and the details of
 The rules, regulations, instructions, manuals and records beneficiaries of such programmes;
for discharging its functions;  Particulars of recipients of concessions, permits or
 A statement of the categories of documents that are authorisations granted by it;
held by it or under its control;
 Details in respect of the information, available to or
 The particulars of any arrangement that exists for held by it, reduced in an electronic form;
consultation with, or representation by, the members of
the public in relation to the formulation of its policy or  The particulars of facilities available to citizens for
implementation thereof; obtaining information, including the working hours of
a library or reading room, if maintained for public use;
 A statement of the boards, councils, committees and
other bodies….open to the public, or the minutes of such  The names, designations and other particulars of the
meetings areBande,
Adv. Subhan accessible for public;
Kadapa. subhanbande@gmail.com Public Information Officers;
Procedure for obtaining Information
(Section 6)
 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)]: 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.
(Section 6)
 Transfer of Application to another Public Authority [Section- 6 (3)]

 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.
(Section 6)
 Can a person make an application without disclosing his name but only address?
A: No. Anonymous applications will not be received.
 If a person makes a request orally without disclosing his identity is the Information Officer oblige to give oral
reply?
A: No. The application shall be reduced into writing and signed by the applicant and the reply forwarded
shall also be in writing. Oral transmission of information is not permissible.
 Can one department ask for information from another department through PIO?
A: No.
 Can a married woman seek information regarding her husband's employment, it's terms and the remuneration
particulars?
A: Yes.
 Does the Act provide for partial disclosure?
Adv.A: Yes.Bande,
Subhan Under Section
Kadapa. 10 of the RTI
subhanbande@gmail.com Act, access may be provided to that part of the record.
Mode of Payment for Application Fee
An applicant, along with his application, is required to pay a sum of Rs.10/- as application fee (Payable to the
Accounts Officer of the public authority) by way of ….
o Demand Draft
o Indian Postal Order
o Banker’s cheque
No fee -
o Money orders (only in some states) Person belongs to BPL
o Affixing Court fee Stamp (only in some states)
The applicant have to pay additional fee for supply of information as given below…
Form of Supply of Information Cost
A4 or A3 size paper Rs 2 for each page plus postage
Larger size paper Actual
Samples / Models Actual cost
For inspection of records No fee for the first hour; Rs. 5 for each subsequent hour
Diskette or Floppy
Adv. Subhan Bande, Kadapa. subhanbande@gmail.com Rs.50
Please see respective state rules for complete details.
Mode of Payment for Application Fee
 Where the costs are very heavy, can the PIO request the applicant to inspect the file without charging any
costs?
A: Yes. Inspection is always free.
 If the applicant pays excess fees, should the PIO return the excess immediately?
A: No. He can adjust it with any costs which may become subsequently payable. He cannot reject the
request on the ground of excess payment of fee.
 Can the PIO charge the applicant what is called search fees?
A: No.
 If the applicant is exempted from paying fees on his application for information, is he exempted from paying
charges for the supply of information?
A: Yes. If he is a person below poverty line, he is exempted from paying the fee of ₹10/- on the application.
He is also exempted from paying additional copying charges.
 If there is a delay in paying the fees, can the PIO refuse to process the application?
A: No. He should process the application and supply the information only after the fees is paid.
Time Limit for Supply of Information
SN SITUATION TIME LIMIT FOR DISPOSING OF APPLICATIONS
1 Supply of information in normal course 30 days
2 Supply of information if it concerns the life 48 hours

or liberty of a person
3 Supply of information if the application is 5 days shall be added to the time period
received through APIO indicated at SN.1 & 2.
4 Supply of information where the applicant is The period intervening between informing the
asked to pay additional fee applicant about additional fee and the
payment of fee by the applicant shall be
excluded for calculating the period of reply.
Time Limit for Supply of Information
 What are cases in which the PIO is liable to supply information within 48 hours?
A: If the matters are held to be involved the life and personal liberty of people....
Right to go abroad, Right to privacy, Right against solitary confinement, Rights against bar
fetters, Right to legal aid, Right to speedy trail, Right against handcuffing, Right against the delayed
execution, Right against custodial violence, Right against public hanging, Right for doctor's
assistance, and Right for shelter…….12
 Is the Information Officer bound to supply the information relating to any occurrence or event
which happened 20 years ago?
A: He is bound to disclose such information.
 Is it mandatory for the PIO to state in his order both the authority to which appeal may be filed
and the time within which the appeal should be filed?
A: Yes, it is mandatory.
Procedure for Right to Information
Request for information
For costs, if any…

Public
Citizen Information
Payment of costs….
Officer
Information (with in 30 days)
Refuse
State/Central
For costs, if any… Public
Appellate Information
Citizen Information
Authority Commissioner
Payment of costs…. Officer
Information
Information (with in 30 days) (with in 30 days)
Refuse
Refuse
Refuse
State/Central
For costs, if any… Public
Appellate Information
Citizen Information
Authority Commissioner
Payment of costs…. Officer
Information
Information (with in 30 days) (with in 30 days)
Refuse
Refuse
Refuse High Court
Penalty on Public Information Officer
(Section-20)
If the Central Public Information Officer or the State Public Information Officer has without any
reasonable cause…..
 refused 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,
The Central Information Commissioner / State Information Commissioner shall impose a penalty of
 Rs 250 each day till application is received or
 information
Adv. Subhan is furnished, so however,
Bande, Kadapa. subhanbande@gmail.com the total amount of such penalty shall not exceed Rs. 25000/-
Sample RTI Application Form
Some Landmark Judgements on RTI
 Shaik Saider Rahiman vs. Central Information Commission (Appeal No. CIC/AA/A/2006/00032 and 00034, dt. 22-06-2007)
 Dr. Selsa Pinto, Ex-officio Joint Secretary vs. The Goa State Information Commission
 Kanapur Gandayya vs. Administrative Officer and others
 What, why, how, when………………….X
 Danunjaya Tripati vs. Banaras Hindu University (Decision No. CIC/OK/A/00163, dt. 07-07-2006)
 Refused the application– must disclose the reasons for rejection.
 Sri Easwarlal vs. IOCL (Decision No. 4620/IC(A)/2009, F.No.CIC/MA/C/2009/000578, dt. 07.10.2009)
 Rejected – records not available – Police Station

Comparison of RTI Legislations
(India vs. Selected Nations)
COUNTRY INDIA SWEDEN USA UK BANGLADESH PAKISTAN
Freedom of the
FOI Act FOI Ordinance,
Legislation RTI Act, 2005 Press FOI Act 1966
2000
RTI Act, 2009
2002
Act 1766
Constitutional Protected Not Protected
Protection (by interpreting)
Protected Not protected
protected (by interpreting)
Protected
Limited only to Not limited by Not limited by Not limited by

Data not
Right of Access nationality or nationality or nationality or Data not available
citizens residence Residence (E) residence available
relating to Relating to the
Relating preservation royal
information about
Exemption 10 ex. + 1 ref. of animal/plant
oil family 20 ex. 4 cat + 9 ex + 5 ref
species
wells
Fee Exceptions Only for BPL DNA DNA DNA No No

Urgent Request Within 48 hours Immediately DNA DNA Within 24 hours No provision
Protection for
No
Whistleblowers
Yes DNA DNA No No
For Queries…..

Right To Information (Rti) Act 2005

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Adv. Subhan Bande, Kadapa. subhanbande@gmail.

PROCEDURE FOR FILING

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

 Section-9 3. Breach of privilege of Parliament

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

It includes the right to -

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

 Can an examinee ask for answer scripts of other examinees?

Competent Authority means….

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

It is any authority or body or institution of self government established or

PUBLIC INFORMATION OFFICER (PIO)

 Cause of Information [Section-6(2)]: An applicant making request for

 Transfer of Application to another Public Authority [Section- 6 (3)]

SN SITUATION TIME LIMIT FOR DISPOSING OF APPLICATIONS

1 Supply of information in normal course 30 days

2 Supply of information if it concerns the life 48 hours

Request for information

For costs, if any…

Adv. Subhan Bande, Kadapa. subhanbande@gmail.com

Limited only to Not limited by Not limited by Not limited by

Fee Exceptions Only for BPL DNA DNA DNA No No

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