mob-9447464502

1. Provisions &
Legal Dimensions of the
Right to information Act,2005

2. Every Public Authority shall
provide reasons for its
administrative or quasi-judicial
decisions to affected persons.
Section 4(1)d
Another substantive right

3. Publish all relevant facts while
formulating important policies or
announcing the decisions which
affects public
Section 4(1)c

4. whether material is information?
Section.2(f) defines information as
any material in any form including
• records, documents, memos, e-mails
• files, microfilm, manuscript
• log books, contracts, reports, papers
• data material stored in computer

5. Whether opinion to be formed ?
No,
as per Sn 2(j) RTI includes the rights
(i)inspection of work, documents, records
(ii) extracts or certified copies of records/files
(iii) obtaining information in disk, floppies,
tapes, video cassettes or printouts of any
material stored in a computer etc.
• Taking certified sample of material

6. Is there any format for request ?
There is no prescribed request
form.
Section 6(1) says that request shall
be in writing specifying the
information requested for with fee.

7. Is signature of requester is
necessary in the request ?
The details necessary to contact
him shall be required;no other
personal details shall be required
in the request.
[ section.6(2)]

8. Is proof of citizenship required for
seeking information ?
Section 3 says that citizens shall
have Right to Information subject
to the provisions of this Act
Act does not prescribe for any proof
of citizens for RTI

9. Should we receive request in
Hindi also ?
Request shall be written in English or
Hindi or in the Official Language of the
area where the request is made
Section 6(1)

10. Should PIO invite third party for his
objection, in all cases, as per Sn 11?
In case of third party’s confidential
information,
1.send a notice to him within five days
for his objection within ten days
2.Overrule objection on public interest
3.Decide on the request within 40 days
4.Inform parties with right of Appeal
5.Furnish information subject to Appeal

11. Can citizen inspect office of a
public authority ?
Proactive dissemination of information
through notice boards/booklets/
broadcast/public announcements/news
papers/the internet or any other means
including inspection of the office of any
public authority. Sn 4(4)
Intimate requester to clarify which
information ,in which form, he is in
need

12. Can head of office ask PIO not to
give information ?
• Sections 5(1)&(3) and Section 7(1) say
that P I O shall deal with and decide on
the requests
• Govt Circular No.77000/CDN5/06/GAD
Dt 30.10.2006 prescribes that the P I O
shall be an independent officer who need
not seek approval of his any officer
including seniors for deciding on RTI
requests.

13. What is meant by Deemed P I O
Under Sn 5(4)&(5)?
Any officer whose assistance had been
sought by the PIO shall be treated as
P I O for the purpose of contravention of
the provisions of the Act.
Hence any officer whose
inaction/dereliction caused
delay/failure in furnishing information
can be punished by IC under Sn 20

14. SHOULD REQUESTER SHOW REASON
FOR SEEKING INFORMATION ?
Section 6 (2) The requester shall not
be required to show the reason for
seeking the information in the
request.

15. SHOULD e –MAIL ADDRESS OF THE
REQUESTER WOULD BE
SUFFICIENT IN REQUEST ?
As per Section 6 (2) except his
details to contact him, no other
personal details are required in the
request.

16. What is the time limit within
which the requester shall remit
the cost ?
Calculate cost and intimate.
Intimate A A’s details to
approach in case of objection
to the cost calculated
7(3)

17. Avail of more than30 days to
provide information?
The time taken by the requester
to deposit cost will be added to the
time limit of 30 days.
section-7(3)

18. Should salary be exhibited in
front of office?
As per section 4(1) b every
public authority shall
publish pro actively,
information on 17 heads
including directory and
monthly salary of every
officer

19. How many years files should be
kept for RTI?
• Public authority shall catalogue
and index record/ file to
facilitate RTI[S.4(1)a]
• No prescription in the Act that
files should be kept for ever
• IC can order changes in file
management[S.19(8) a]
• KSIC upheld
L.dis,K.dis(AP.307/07 Dt3.10.07)

20. Relevance of 20 years u/s 8(3)
• Information coming under
clauses a to j, u/s8(1) are
exempted from disclosure
• However S.8(3) says that
information coming under
clauses b,d to h and j can be
disclosed after 20 years.

21. Requester need not pay cost of
delayed information
In case a Public Authority
fails to comply with the time
limit to provide information
it shall provide free of cost
to the requester.Sec7[6]

22. Who will bear the cost of
information to BPL?
In case of insufficiency of fund to
provide information to BPL (at free of
cost) permit him to inspect the
Information or provide information in
CD if it is available in e form.
(Section-7[9])

23. Should PIO meet the cost when
requester remitted it in treasury?
• Explain insufficiency of fund and
inform requester to remit cost in the
office of PIO
• Issue written receipt instead of TR 5
• Meet the expenditure out of the amount
remitted by the requester and remit
balance, if any, in treasury

24. RTI will not adversely affect smooth
working of office
In case furnishing of information
in the requested form would
disproportionately divert the
resources of the office
provide information in another
convenient form
Section 7 (9)

25. Is First Appellate Authority a
Quasi Judiciary ?
As per Section 18 (3) the CIC
and SIC alone are given
powers of Civil Court

26. Can PIO file second Appeal ?
Sections 19(1) &(3) show that only
the requester/first appellant or
the third party who was not
invited by PIO under Section 11,
can make second appeal before
the Commission

27. Can auditor objects the actions
of PIO ?
No suit, prosecution or other legal
proceedings shall lie against any
person for anything which is in good
faith done or indented to be done under
this Act or any rule made there under.
Section-21

28. Is delayed information punishable
in all cases,as per Sn 20(1)?
Without any reasonable cause
• PIO refused to receive application
• PIO not furnished information within time
• Malafidely denied request
• Knowingly given
incorrect/incomplete/misleading
information or destroyed information
• Obstructed in any manner in furnishing
information

29. Shall disciplinary action be
recommended in all cases as per
Sn 20(2)?
Without any reasonable cause and persistently
• PIO refused to receive application
• PIO not furnished information within time
• Malafidely denied request
• Knowingly given incorrect/incomplete/misleading
information or destroyed information
• Obstructed in any manner in furnishing
information

30. What is the remedy against the
decision of SIC ?
No court shall entertain any
proceedings against any
order made under this
Act.Sn 23
writ jurisdiction under
Art.32(SC),226 HCs can be
invoked

31. Civil Appeal No.6454 of 2011
Central Board of secondary Education
Vs
Aditya Bandopadhyay and others
judgment Dt 9.8.2011 by Js. RV
Raveendran & AK Patnaik,S C of India

32. Special Leave Petition(civil)
No.27734 of 2012
Girish Ramachandra Deshpande
Vs
Central Information Commissioner and
others
Judgment dt 03.10.2012, by Js.K S
radhakrishnan & Dipak Misra

33. ‘Information’ costs Rs. 25,000/-
only !
Information Commission shall have
power to require any public authority to
compensate the complainant for any
loss or other detriment suffered
Section-19(8)b

34. Right to Information ?