Contents

 Intellectual Property
 Patents
 Copyrights
 Information Technology Act, 2000
 Cyber Regulations Appellate Tribunal
 Electronic Governance
 Right To Information (RTI) Act, 2005
 Intellectual Property
Intellectual Property
Intellectual property (IP) refers to creations of the mind, such as inventions; literary
and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, Patents, Copyrights and trademarks which
enable people to earn recognition or financial benefit from what they invent or create.
Intellectual Property Laws - Deals with the rules for securing and enforcing legal
rights to inventions, designs, and artistic works. Just as the law protects ownership of
personal property and real estate, it protects the exclusive control of intangible assets.
The purpose of these laws is to give an incentive for people to develop creative works
that benefit society, by ensuring they can profit from their works without fear of
misappropriation by others.
 Types of Intellectual Property
1. Copyright
Copyright is a legal term used to describe the rights that creators have over their literary and artistic
works. Works covered by copyright range from books, music, paintings, sculpture and films, computer
programs, databases, advertisements, maps and technical drawings.
2. Patents
A patent is an exclusive right granted for an invention. A patent provides the patent owner with the
right to decide how - or whether - the invention can be used by others. In exchange for this right, the
patent owner makes technical information about the invention publicly available in the published
patent document.
3. Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademarks date back to ancient times when artisans used to put their
signature or "mark" on their products.

4. Industrial Design
An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist
of three-dimensional features, such as the shape or surface of an article, or of two-dimensional
features, such as patterns, lines or colour.
5. Geographical indications
Geographical indications are signs used on goods that have a specific geographical origin and possess
qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most
commonly, a geographical indication includes the name of the place of origin of the goods.
6. Trade Secrets
Trade secrets are IP rights on confidential information which may be sold or licensed. The
unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest
commercial practices by others is regarded as an unfair practice and a violation of the trade secret
protection.
 PATENTS
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to
a product or a process that generally provides a new way of doing something, or offers a new technical
solution to a problem. To get a patent, technical information about the invention must be disclosed to
the public in a patent application.
The patent owner may give permission or license to other parties to use the invention on mutually
agreed terms. The owner may also sell the right to the invention to someone, who will then become the
new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public
domain; that is, anyone can commercially exploit the invention without infringing the patent.
A patent owner has the right to decide who may – or may not – use the patented invention for the
period in which the invention is protected. In other words, patent protection means that the invention
cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's
consent.
What kinds of inventions can be protected?

Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a

nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, or a

process for producing a specific chemical compound. Many products in fact contain a number of

inventions. For example, a laptop computer can involve hundreds of inventions, working together.

Is a patent valid in every country?

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region

in which a patent has been filed and granted, in accordance with the law of that country or region.

How are patent rights enforced?

Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court

of law has the authority to stop patent infringement. However, the main responsibility for monitoring,

identifying, and taking action against infringers of a patent lies with the patent owner.
What does it mean to “license a patent” and why is it done?
Licensing a patent simply means that the patent owner grants permission to another
individual/organization to make, use, sell etc. his/her patented invention. This takes place according to
agreed terms and conditions (for example, defining the amount and type of payment), for a defined
purpose, in a defined territory, and for an agreed period of time. A patent owner may grant a license to
a third party for many reasons. For example the patent owner may not have the necessary
manufacturing facilities, therefore opts to allow others to make and sell his/her patented invention.
 Law regarding Patents in India - Patents Act, 1970; Patent Rules, 2003; The Patent Amendment
Rules, 2016.
 Regulatory authority for patents - Patent Registrar under the office of the Controller General of
Patents, Designs and Trade Marks, which is part of India’s Ministry of Commerce and Industry.
 Patents are valid for 20 years from the date of filing an application, subject to an annual renewal
fee.
 India’s patent law operates under the ‘first to file’ principle – that is, if two people apply for a
patent on an identical invention, the first one to file the application will be awarded the patent.
Patent [Novelty]
If the invention was known or used by any other person, or used or sold by the applicant to any person in
India and/or outside India, then the applicant would not be entitled to the grant of a patent. Public use or
publication of the invention will affect the validity of an application in India. The patent application must be
filed prior to any publication or public use.
Not patentable in India
• Agriculture or horticulture process.
• A process for the medicinal or other treatment of human beings and animals.
• A mere discovery of any new property, or new use for a known substance, or a mere use of a known
process, machine, or apparatus.
• An invention which is contrary to well established natural laws.
• Plants and animals including seeds varieties and species and essential biological process for their
propagation but excluding microorganisms.
• Mathematical/ business method, program/ algorithm.
• Any aesthetic work as film TV drama literary artistic musical work.
 Copyrights
The Copyright Act 1957 provides that a copyright subsists in an original literary, dramatic, musical
or artistic work, cinematograph films, and sound recordings.
However, no copyright subsists in a cinematograph film if a substantial part of the film is an
infringement of the copyright in any other work or in a sound recording, if in making the sound
recording of a literary, dramatic or musical work, copyright in such work is infringed.
A computer programme is treated as a “literary work” and is protected as such.
Under Indian law, registration is not a prerequisite for acquiring a copyright in a work.
A copyright in a work is created when the work is created and given a material form, provided it is
original.
A copyright grants protection to the creator and his representatives for the works and prevents such
works from being copied or reproduced without his/ her consent.
The creator of a work can prohibit or authorize anyone to:
• Reproduction of the work. • Use the work for a public performance. • Make copies/recordings. •
Broadcasting. • Translation.
Term of Copyright
The general rule is that copyright lasts for 60 years. It is counted
From the death of the author - Literary, Dramatic, Musical, Artistic work.
From the date of publication - Cinematograph films, Sound recordings, Photographs, Posthumous
publication, Works of government & international organizations.

Copyright [Ownership]
• In case of literary/ artistic/ dramatic including photography/ painting/ portrait contract of service
determines the first ownership.
• In case of literary/ artistic/ dramatic including photography/painting/ portrait without contract of
service the first ownership lies with the person who contributed most to make it valuable.
In case of cinematographed film contract of service determines the first ownership normally the
producer. • In case of cinematographed film without contract of service the first ownership lies with
the person who contributed most to make it valuable or the producer or the person on whose initiative
the film was made.
• Work made during the course of employment or under a contract of service or apprenticeship the
employer shall, in the absence of a contract to the contrary shall be the first owner of copyright.
• In case of a government work, in the absence of a contract to the contrary, the copyright in the work
shall vest with the government.

Infringement of Copyrights - A copyright is infringed if a person without an appropriate license does

anything that the owner of the copyright has an exclusive right to do. Both civil and criminal remedies
are there for copyright infringement. When an infringement is proved, the copyright owner is entitled
to remedies by way of injunction, damages, and order for seizure and destruction of infringing articles.

Copyright [Registration fees] - The prescribed fee for the registration of copyright :
• For literary, artistic, musical and dramatic work is Rs 500/- per work.
• In a cinematograph film is Rs 5000/- per work.
• For sound recording is Rs 2000/- per work.
INTELLECTUAL PROPERTY LAW : PROCESS
 INTELLECTUAL PROPERTY: TREATIES
India is a signatory to the following international IP agreements -
• Paris Convention – Under this, any person from a signatory state can apply for a patent or trade
mark in any other signatory state, and will be given the same enforcement rights and status as a
national of that country would be;
• Berne Convention – Under this, each member state recognizes the copyright of authors from
other member states in the same way as the copyright of its own nationals;
• Madrid Protocol – Under this, a person can file a single trade mark application at their national
office that will provide protection in multiple countries;
• Patent Cooperation Treaty – This is a central system for obtaining a bundle of national patent
applications in different jurisdictions through a single application.
India is not a signatory to the Hague Agreement, which allows the protection of designs in multiple
countries through a single filing.
 Information Technology Act, 2000
The Information Technology Act, 2000 (IT Act) was passed which is based on the *UNCITRAL Model Law on
Electronic Commerce. The IT Act deals with the following subjects -
(i) Secure electronic transactions to facilitate e-commerce.
(ii) Attribution of electronic messages.
(iii) Legal status to electronic signature and electronic records by providing for the appointment of a Controller of
Certifying Authority.
(iv) To facilitate electronic filing of documents with Government agencies and E-Payments.
Enacted on 17th May 2000 - India is 12th nation in the world to adopt cyber laws.
DEFINITIONS
(a) Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory
function resources of a computer, computer system or computer network.
(b) Addressee means a person who is intended by the originator to receive the electronic record but does not
include any intermediary.
(c) Affixing digital signature means adoption of any methodology or procedure by a person for the purpose
of authenticating an electronic record by means of digital signature;
*The UNCITRAL Model Law on Electronic Commerce was adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1996 in furtherance of its mandate to promote the
harmonization and unification of international trade law, so as to remove unnecessary obstacles to international trade caused by inadequacies and divergences in the law affecting trade.
(d) Certifying Authority means a person who has been granted a license to issue a Digital Signature Certificate
under section 24.
(e) Computer means any electronic magnetic, optical or other high-speed data processing device or system
which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical
impulses, and includes all input, output, processing, storage, computer software, or communication facilities
which are connected or related to the computer in a computer system or computer network.
(f) Controller means the Controller of Certifying Authorities appointed under sub-section (l) of section 17.
(g) Cyber Appellate Tribunal means the Cyber Regulations Appellate Tribunal established under sub-section (1)
of section 48.
(h) Digital signature means authentication of any electronic record by a subscriber by means of an electronic
method or procedure in accordance with the provisions of section 3.
(i) Digital Signature Certificate means a Digital Signature Certificate issued under subsection (4)of section 35.
(j) Electronic form with reference to information means any information generated, sent, received or stored in
media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device.
(k) Electronic record means data, record or data generated, image or sound stored, received or sent in an
electronic form.
(l) License means a license granted to a Certifying Authority under section 24.
(m) Originator means a person who sends, generates, stores or transmits any electronic message or causes any
electronic message to be sent, generated, stored or transmitted to any other person but does not include an
intermediary.
(n) Prescribed means prescribed by rules made under this Act.
ELECTRONIC GOVERNANCE
Legal Recognition of Electronic Records (s.4).
Legal Recognition of Digital Signatures (s.5).
Use of Electronic Record and Digital Signatures in Government and its Agencies (s.6).
Retention of Electronic Records (s.7).
Publication of Rule, Regulation, etc., in Electronic Gazette (s.8).
Power to make Rules by Central Government in Respect of Digital Signature (s.10).
REGULATION OF CERTIFYING AUTHORITIES
Appointment of Controller and other officers (s. 17).
Functions of Controller (s.18).
License to Issue Digital Signature Certificates (s.21).
Application for License (s.22).
Renewal of License (s.23).
Procedure for Grant or Rejection of License (s.24).
Suspension of License (s.25).
Power to Investigate Contravention (s.28).
Access to Computers and Data (s.29).
Certifying Authority to follow Certain Procedures (s.30).
Certifying Authority to Ensure Compliance of the Act, etc. (s.31).
 Cyber Regulations Appellate Tribunal
The Information Technology Act, 2000 provides for the establishment of the Cyber Appellate Tribunal. In this, we
will look at the establishment, composition, jurisdiction, powers, and procedures of a Cyber Appellate Tribunal.
Establishment of Cyber Appellate Tribunal (Section 48)
The Central Government notifies and establishes appellate tribunals called Cyber Regulations Appellate Tribunal.
The Central Government also specifies in the notification all the matters and places which fall under the
jurisdiction of the Tribunal.
The composition of Cyber Appellant Tribunal (Section 49)
The Central Government appoints only one person in a Tribunal – The Presiding Officer of the Cyber Appellate
Tribunal.
The qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50) -
A person is considered qualified for the appointment as the Presiding Officer of a Tribunal if –
a. He has the qualification of the Judge of a High Court
b. He is or was the member of the Indian Legal Service and holds or has held a post in Grade I of that service for
at least three years.
The Term of Office (Section 51)
The Term of Office of the Presiding Officer of a Cyber Appellate Tribunal is five years from the date of entering
the office or until he attains the age of 65 years, whichever is earlier.
Filling up of vacancies (Section 53)
If for any reason other than temporary absence, there is a vacancy in the Tribunal, then the Central Government
hires another person in accordance with the Act to fill the vacancy. Further, the proceedings continue before the
Tribunal from the stage at which the vacancy is filled.
Resignation and removal (Section 54)
1. The Presiding Officer can resign from his office after submitting a notice in writing to the Central Government,
provided:
a. he holds office until the expiry of three months from the date the Central Government receives such
notice, OR
b. he holds office till the appointment of a successor, OR
c. until the expiry of his office; whichever is earlier.
2. In case of proven misbehaviour or incapacity, the Central Government can pass an order to remove the
Presiding Officer of the Cyber Appellate Tribunal. However, this is only after the Judge of the Supreme Court
conducts an inquiry where the Presiding Officer is aware of the charges against him and has a reasonable
opportunity to defend himself.
3. The Central Government can regulate the procedure for the investigation of misbehaviour or incapacity of the
Presiding Officer.
Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings (Section 55)
According to this section, no order of the Central Government appointing any person as the Presiding Officer of the
Tribunal can be questioned in any manner. Further, no one can question any proceeding before a Cyber Appellate
Tribunal in any manner merely on the grounds of any defect in the Constitution of the Tribunal.
Appeal to Cyber Appellate Tribunal (Section 57)
Subject to the provisions of sub-section (2), a person not satisfied with the Controller or Adjudicating Officer’s
order can appeal to the Cyber Appellate Tribunal having jurisdiction in the matter.
No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent
of the parties.
The person filing the appeal must do so within 25 days from the date of receipt of the order from the Controller or
Adjudicating Officer. Further, he must accompany the appeal with the prescribed fees. However, if the
Tribunal is satisfied with the reasons behind the delay of filing the appeal, then it may entertain it even after
the expiry of 25 days.
On receiving an appeal under sub-section (1), the Tribunal gives an opportunity to all the parties to the appeal to
state their points, before passing the order.
The Cyber Appellate Tribunal sends a copy of every order made to all the parties to the appeal and the concerned
Controller or adjudicating officer.
The Tribunal tries to expeditiously deal with the appeals received under sub-section (1). It also tries to dispose of
the appeal finally within six months of receiving it.
Appeal to High Court (Section 62)
If a person is not satisfied with the decision or order of the Tribunal then he can file an appeal with the High Court.
He must do so within 60 days of receiving the communication of the order/decision from the Tribunal.
The appeal can be on any fact or law arising out of such an order. The High Court can extend the period by another
60 days if it feels that the appellant had sufficient cause and reasons for the delay.

Offences under Information Technology Act, 2000

Section 65: Any person tamper, conceal, destroy, or alter any computer source document intentionally, then he
shall be liable to pay penalty upto Rs.2,00,000/-, or Imprisonment upto 3 years, or both.
Section 66: Any person dishonestly, or fraudulently does any act as referred in Section 43, then he shall be liable
to pay penalty upto Rs.5,00,000/-, or Imprisonment upto 3 years, or both.
Section 66B: Any person dishonestly, or fraudulently receives or retains any stolen computer resource or
communication device, then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 3 years,
or both.
Section 66C: Any person dishonestly, or fraudulently makes use of Electronic Signature, Password or
any other Unique Identification feature of any other person, then he shall be liable to pay penalty
upto Rs.1,00,000/-, or Imprisonment upto 3 years, or both.
Section 66E: Any person intentionally captures, publishes, or transmits image of private area of any
person without consent, then he shall be liable to pay penalty upto Rs.2,00,000/-, or Imprisonment
upto 3 years, or both.
Section 66F: Any person does any act electronically, or with use of computer with intent to threaten
unity, integrity, security, or sovereignty of India, then he shall punishable with Imprisonment for
Life.
Section 67A: Any person publishes, or transmits in electronic form any material which contains
sexually explicit act, or conduct, then he shall be liable to pay penalty upto Rs.10,00,000/-, or
Imprisonment upto 5 years, or both, And in the event of second or subsequent conviction, he shall be
liable to pay penalty upto Rs.10,00,000/-, or Imprisonment upto 7 years, or both.
Section 72: If any person who has secured access to any electronic record, book, register, correspondence,
information, document or other material without the consent of the person concerned discloses such
electronic record, book, register, correspondence, information, document or other material to any other
person, then he shall be liable to pay penalty upto Rs.1,00,000/-, or Imprisonment upto 2 years, or both.
Section 75: If any person has committed an offence, or contravention committed outside India, and if the
act or conduct constituting the offence or contravention involves a computer, computer system or computer
network located in India, then the provisions of this Act shall apply also to any offence or contravention
committed outside India by any person irrespective of his nationality.
Section 76: Any computer, computer system, floppies, compact disks, tape drives, or any other accessories
related thereto, in respect of which any provision of this Act, rules, orders, or regulations made thereunder
has been, or is being contravened, shall be liable to confiscation. However, if it is proved that such
resources were not used in committing fraud then only person in default will be arrested.
 Electronic Governance (e-Governance)
Definition: E-governance, expands to electronic governance, is the integration of Information and

Communication Technology (ICT) in all the processes, with the aim of enhancing government ability to address

the needs of the general public. The basic purpose of e-governance is to simplify processes for all, i.e.

government, citizens, businesses, etc. at National, State and local levels.

In short, it is the use of electronic means, to promote good governance. It connotes the implementation of

information technology in the government processes and functions so as to cause simple, accountable and

transparent governance. It entails the access and delivery of government services and communication in a quick

and efficient manner.

Benefits of E-governance - Reduced corruption, High transparency, Increased convenience, Direct participation of

constituents, Reduction in overall cost, Expanded reach of government.

Through e-governance, the government plans to raise the coverage and quality of information and services

provided to the general public, by the use of ICT in an easy, economical and effective manner.
 Types of Interactions in E-Governance
1. G2G (Government to Government): When the exchange of information and services is within the periphery of the
government, is termed as G2G interaction. This can be both horizontal, i.e. among various government entities and
vertical, i.e. between national, state and local government entities and within different levels of the entity.
2. G2C (Government to Citizen): The interaction amidst the government and general public is G2C interaction. Here an
interface is set up between government and citizens, which enables citizens to get access to wide variety of public
services. The citizens have the freedom to share their views and grievances on government policies anytime, anywhere.
3. G2B (Government to Business): In this case, the e-governance helps the business class to interact with the government
seamlessly. It aims at eliminating bureaucratic paperwork, saving time, cost and establish transparency in the business
environment, while interacting with government.
4. G2E (Government to Employees): The government of any country is the biggest employer and so it also deals with
employees on a regular basis, as other employers do. ICT helps in making the interaction between government and
employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits
Digital India Initiatives
 It is an umbrella program to prepare India for a knowledge-based transformation.
 It has been launched by the Ministry of Electronics and Information Technology.
Various Initiatives Under Digital India Initiatives
 MyGov: It aims to establish a link between Government and Citizens towards meeting the goal of good
governance.
 Digi-Locker: It serves as a platform to enable citizens to securely store and share their documents with
service providers who can directly access them electronically.
 e-Hospital-Online Registration Framework (ORF): It is an initiative to facilitate the patients to take
online OPD appointments with government hospitals. This framework also covers patient care, laboratory
services and medical record management.
 National Scholarships Portal (NSP): It provides a centralized platform for application and disbursement of
scholarship to students under any scholarship scheme.
 DARPAN: It is an online tool that can be used to monitor and analyse the implementation of critical and
high priority projects of the State.
 PRAGATI (Pro-Active Governance and Timely Implementation): It has been aimed at starting a culture
of Pro-Active Governance and Timely Implementation. It is also a robust system for bringing e-
transparency and e-accountability with real-time presence and exchange among the key stakeholders. It was
launched in 2015.
 Common Services Centres 2.0 (CSC 2.0): It is being implemented to develop and provide support to the
use of information technology in rural areas of the country. The CSCs are Information and Communication
Technology (ICT) enabled kiosks with broadband connectivity to provide various Governments, private and
social services at the doorstep of the citizen.
 Mobile Seva: It provides government services to the people through mobile phones and tablets.
 Jeevan Pramaan: It is an Aadhaar based Biometric Authentication System for Pensioners. The system
provides authenticity to Digital Life Certificate without the necessity of the pensioner being present in
person before his/ her Pension Dispensing Authority (PDA).
 National Centre of Geo-informatics (NCoG): Under this project, Geographic Information System (GIS)
platform for sharing, collaboration, location-based analytics and decision support system for Departments has
been developed.
 National e-Governance Plan (NeGP): It takes a holistic view of e-Governance initiatives across the
country, integrating them into a collective vision and a shared cause.
o It comprises of 31 Mission Mode Projects, approved in 2006, but later it was integrated into Digital
India Program.
e-Kranti: National e-Governance Plan 2.0
 It is an essential pillar of the Digital India initiative.
 It was approved in 2015 with the vision of “Transforming e-Governance for Transforming Governance”.
 There are 44 Mission Mode Projects under e-Kranti, which are at various stages of implementation.
Conclusion
 e-Governance is getting momentum in India, but public awareness and the digital divide are important issues
to be addressed.
 The success of e-Governance measures largely depends on the availability of high-speed internet, and the
nation-wide roll-out of 5G technology in the near future will strengthen our resolve.
Secure Electronic Record - Where any security procedure has been applied to an electronic record at a specific point of
time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
Secure digital signature - If, by application of a security procedure agreed to by the parties concerned, it can be verified
that a digital signature, at the time it was affixed, was-
 unique to the subscriber affixing it.
 capable of identifying such subscriber.
 created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic
record to which it relates in such a manner that if the electronic record was altered the digital signature would be
invalidated.
then such digital signature shall be deemed to be a secure digital signature.
Digital Signature Certificates (DSC) - Digital Signature Certificates (DSC) are the digital equivalent (that is electronic
format) of physical or paper certificates. Few Examples of physical certificates are driver’s licenses, passports or
membership cards. Certificates serve as proof of identity of an individual for a certain purpose. Likewise, a digital
certificate can be presented electronically to prove one’s identity, to access information or services on the Internet or to
sign certain documents digitally. The Certifying Authorities are authorized to issue a Digital Signature Certificate with a
validity of one or two years.
 The RTI Act 2005

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.
 The RTI Act 2005: When-n-Where
This Act may be called the Right to Information Act,
2005.

The RTI act 2005 was enacted by permission and

authority of His Excellency, President of India. This act
was enacted by the Parliament on 15.06.2005 and
notified in the Gazette of India dated 21.06.2005.

It extends to the whole of India except the State of

Jammu and Kashmir.
 The RTI Act 2005: Who

Who can exercise his / her right under The RTI Act
2005?

The answer is:

Subject to the provisions of this Act, all citizens shall

have the right to information.
 The RTI Act 2005: Definitions
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.
 The RTI Act 2005: Definitions
What is Record?

Record includes
•Any document, manuscript and file.
•Any microfilm 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.
 The RTI Act 2005: Definitions

Who is Public Authority?

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.
 The RTI Act 2005: How

How To Request Information?

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.
 The RTI Act 2005: Fee

Is There Any Fee To Seek Information?

FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION

• In case of central govt. departments, INR 10.00 by

way of cash under proper receipt, demand draft,
bankers cheque, Indian postal order, money order or
cash deposited at designated post offices.
• In case of state govt., INR 10.00 by way of cash
under proper receipt, demand draft, banker’s cheque,
money order or court fee stamp.
 The RTI Act 2005: Process

How Is Your Application Dealt?

Public Information Officer (PIO) on receipt of a

request, as expeditiously as possible, and in any case
within thirty (30) 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
any of the reasons specified like security, copyright,
commercials, etc.
 The RTI Act 2005:
Machinery & Hierarchies
You must know below terms well!

APIO Assistant Public Information Officer

PIO Public Information Officer
AA Appellate Authority
IC Information Commissioner
SIC State Information Commissioner
CIC Central Information Commissioner
DOPT Department of Personnel & Training
 The RTI Act 2005: Appeals

What if you don’t get information requested?

If you don’t get proper response or requested

information from public authority or from its public
information officer within 30 calendar days, you can
file complaint with Information Commission or file an
appeal with first appellate authority.
Similarly, you can file complaint or appeal (as above)
for late response or for demand of cost of information
which is unreasonable.
 The RTI Act 2005: First Appeal
Where and how to file first appeal?
You will have to move an appeal application along with
the prescribed appeal fee. For example in Maharashtra, it
is court fee stamp of INR 20/-. In Central Government
offices, there is no fee. First appellate authority is the
officer senior to public information officer. On receipt of
your appeal, this appellate authority will call an
explanation from PIO, might invite you to hear you and
will pass an reasonable order within 30-45 days.
The RTI Act 2005: Second Appeal
Where and how to file Second appeal?
If you are not satisfied with response of public
information officer and order passed on your appeal
by first appellate authority of particular public
authority, you can file second appeal with State
Information Commissioner or Central Information
Commissioner, as the case may be.

There is no prescribed time limit for getting response

or order at this level. Too many cases are piled up
with these offices.
The RTI Act 2005: Imp. Sections
The RTI Act has more than 30 sections and its
subsections. In order to get response every
time, one must study all sections and
amendments in the act from time to time.
Section 3: All citizens have the right
Section 4: Proactive disclosures by authorities
Section 6: Request for obtaining information
Section 7: How your requests will be treated
Section 8: Exemptions
Section 19 (1): First appeal
Section 19 (3): Second appeal
Section 20: Penalties and Disciplinary actions
Section 8: Exempted Organizations
IB, RAW of the Cabinet Secretariat
DRI, Central Economic Intelligence Bureau
Directorate of Enforcement
Narcotic Control Bureau
Aviation Research Centre, Special Frontier Force
BSF, CRPF, ITBP, CISF, NSG
Assam Rifles, Special Service Bureau
Special Branch (CID) Andaman & Nikobar
The Crime Branch (CID-CB) Dadra and Nagar Haveli
Special Branch, Lakshadweep Police
 Information can not be shared
Sovereignty and Integrity Of India
Prevented by courts
Breach of privilege of Parliament
Trade secret, Intellectual property
Fiduciary relationship
Info received from foreign Government
Life and physical safety of any person
Issues under investigation
Cabinet papers
Invasion in privacy