CONTENT:

 Introduction.
 Origin of the RTI Act 2005 in India
 What is Right to Information?
 Objective of the Act
 Process of RTI
 Necessary of RTI
 Procedure of RTI
 Sample of form
 Fee Structure
 Conclusion
 References

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INTRODUCTION:
 The right to Information Bill was introduced in the Lok Sabha in
December 2004. It was passed by both the houses of Parliament in May
2005. The assent of the President was received on 15th June and the Act
was notified in ‘The Gazette of India ‘on 21st June, 2005. The Right to
Information Act will become operational by the 12th October 2005 after
the completion of 120 days from the date of Presidential assent. The
Freedom of Information Act passed by the Parliament in 2002 has been
repealed.

 The Right to Information Act (RTI Act) will cover all levels of government
Centre, State, district and local self governing bodies like Panchayats and
Municipal bodies. It will also cover non-governmental organizations- i.e.
NGOs, private bodies- that are financed substantially with public finds
provided by the Government. This means every citizen has the right to put
in an application requesting information or copies of records held by these
bodies and such information should be given by the concerned body.

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ORIGIN OF THE RIGHT TO INFORMATION ACT 2005:

 In Rajasthan, the Right to Information movement was initiated by Aruna

Roy in the early 1990s. The Mazdoor Kisan Shakti Sangathan (MKSS)
succeeded through struggle and agitation, in accessing and using
information to put an end to local corruption and exploitation. In 2005, the
Parliament has enacted a new legislation - Right to Information Act
(2005). This new Act replaces the old Freedom of Information Act, 2002,
which was un-notified and hence, not operational. The new legislation
confers on all citizens the right of access to the information and,
correspondingly, makes the dissemination of such information an
obligation on all public authorities. It aims at promoting transparency and
accountability in the working of every public authority. It has the widest
possible reach covering Central Government, State Governments,
Panchayati Raj Institutions, Local Bodies and recipients of government
grants.

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 WHAT IS RTI?
 Definition of Right to Information:
The Right to Information act (RTI) is an Act of the parliament of India.
It is the implementation of freedom of information in India on a national
level “to provide for setting out the practical regime of right to information
for citizens”
The Act applies to all States and Union Territories of India, except the
State of Jammu and Kashmir – which is covered under a capital State-level
law.
 Right to information accessible under this Act which is held by or under the
control of any public authority and includes the right to –
 inspection of work, documents, records;
 taking notes, extracts or certified copies of documents or records;
 taking certified samples of material;
 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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Definition of Information:
 Information means material in any form including records, documents,

memos, emails, 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.

Definition of Record:
 any document, manuscript or file;

 any microfilm, microfiche and facsimile copy of a document;

 any reproduction of image or images embodied in such micro-film

(whether enlarged or not); and

 any other material produced by a computer or any other device.

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OBJECTIVE OF RTI ACT:

 To bring Transparency & Accountability in the working of every

public authority: The RTI Act will make Government functioning more
transparent and accountable.
 The right of any citizen of India to request access to information and
the corresponding duty of Govt. to meet the request: It can bring a
sense of empowerment to its citizens of the country.
 A responsibility on all sections: The rights of the citizens are very much
important in the democracy to keep active and alive.
 A responsibility of the Govt.: The implementation of the RTI Act will
build public trust in the government’s functioning and in those leaders who
have had the courage and vision to enact and implement effectively the
right to information.
 The duty of Govt. to pro-actively make available key information to
all: It will bring more effective and efficient records management
techniques that are needed to facilitate the provisions of information in
response to public interest.

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 To curtail corruption and to hold Govt. & their instrumentalities
accountable to the governed: It provides a weapon to honest politicians
and bureaucrats to fight corrupt practices in their jurisdictions.
 To ensure informed citizenry and transparency in governance: It will
enable the common citizen to question the working and non-working of
Government departments and agencies.
 To ensure less expensive and time bound information: It will enable the
officials to obtain the information inexpensively and within a time bound
framework.
 Matters connected to Public Authority or incidental thereto: This is the
first Act in India which provides the controlling power to the citizens in
which Public Authorities are compelled to disseminate the information
which is either directly or indirectly connected to them.

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 NECESSITY OF RTI:
 Right to Information is necessary due to the following reasons:

 Right to information makes administration more accountable to people.

 It reduces the gap between administration and people.
 Right Information makes people aware of administrative decision-making.
 It facilitates better delivery of goods and services to people by civil servants.
 It facilitates intelligent and constructive criticism of administration.
 Right to information increases people’s participation in administration.
 It promotes public interest by discouraging arbitrariness in administrative
decision-making. 
 Right to information reduces the scope for corruption in public administration.
 It upholds the democratic ideology by promoting openness and transparency in
administration.
 It makes administration more responsive to the requirements of people.
 It reduces the chance of abuse of authority by the public servants.

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 PROCESS OF RTI:
 Application has to be submitted in writing with prescribed fee to public
information officer (PIO).
 Citizens can submit applications personally or by post in writing or through
electronic means in English or Hindi or in the official language of the area, to
the Public Information Officer (PIO) specifying the particulars of the
information sought for; along with fees; as may be prescribed (if not belonging
to the below poverty line category). Reasons for seeking information are not
required to be given.
 Proof of Receipt of RTI application
 Applicant must retain a copy of application for RTI given to Public Information
Officer (PIO) with signature of PIO for its receipt in any of the following ways. 
(i) given by hand
(ii) by registered mail;
(iii) by speed post through a postal department services.

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 There is a three level regime for receiving information.
1) The first level officers are designated by every public authority to
receive applications from citizens.
2) At second level senior officers are designated by every public authority
to look into those applications of citizens where the information sought
for is refused by first level officers. If information sought is refused or
supplied information is unsatisfactory to the applicant he has every right
to make an appeal before Departmental Appellate Authority (DAA) of
the same department.
3) At the third level the state government sets up an independent State
Information Commission (SIC).

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PROCEDURE FOR REQUEST OF INFORMATION:
1. What is the Application Procedure for requesting information?
 Apply in writing or through electronic means in English or Hindi or in
the official language of the area, to the PIO, specifying the particulars of
the information sought for.
 Reason for seeking information are not required to be given.
 Pay fees as may be prescribed ( if not belonging to the below poverty line
category).
2. What is the time limit to get the information?
 30 days from the date of application
 48 hours for information concerning the life and liberty of a person
 5 days shall be added to the above response time, in case the application
for information is given to assistant public information officer.
 If the interests of a third party are involved then time limit will be 40
days (maximum period+ time given to the party to make representation).
 Failure to provide information within the specified period is a deemed
refusal.

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3. What is the fee?
 Application fees to be prescribed which must be reasonable.

 If further fees are required, then the same must be intimated in writing

with calculation details of how the figure was arrived at.

 Applicant can seek review of the decision on fees charged by the PIO by

applying to the appropriate Appellate Authority.

 No fees will be charged from people living below the poverty line.

 Applicant must be provided information free of the cost if the PIO fails to

the comply with the prescribed time limit.

4. What could be the ground for rejection?
 If it is covered by exemption from disclosure.

 If it infringes copyright of any person other than the state.

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SAMPLE OF RTI FORM:

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 FEE STRUCTURE:

Sr.
no. Particulars Fee
1. Fees to paid along with ₹.10/-by Demand draft /Bankers’ Cheque / Indian Postal
application Order payable at the place of CPIO. The fees can be paid by
way of cash also(if application is submitted in the branches).

2. Charges for Copying/ creating: a) ₹.2.00 per page.

a) For A4 or A3 size paper b) Actual charge or cost price of a copy in larger size paper
b) For Larger size paper

3. Samples or Models Actual cost or Price

4. Inspection of Records No fee for the first hour ; a fee of ₹.5.00 for each subsequent
hour or a fraction thereof.
5. Information in Diskette or floppy ₹.50.00 per diskette or floppy

6. Information provided in printed At the price fixed for such publication or ₹.2.00 per page of
form photocopy for extracts from the publication.

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CONCLUSION:

In conclusion we can say that Right to Information Act 2005 is a tool that
checks corruption, and holds the various bodies, agencies and departments of
the government accountable to the public. This prevents arbitrary state
action, which is the hallmark of a responsible democracy.

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REFERENCES:

 Surat Municipal Corporation

 P.K. Saini, “Right to Information Act, 2005” in P.K. Saini and R.K. Gupta
(eds.), Right to Information Act, 2005: Implementations and Challenges,
Deep & Deep Publications Pvt. Ltd., New Delhi, 2009, p.27.
 P.K. Das, “The Right to Information Act” Universal Law Publishing Co.
Pvt. Ltd., New Delhi, 2010, p.5-6.
 Right to Information Act in India (An Overview) Gopi, J Pol Sci Pub Aff
2016, DOI: 10.4172/2332-0761.1000207

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THANK YOU…

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