2

Right to Information Act, 2005

(No. 22 of 2005)

Salient Features

1

Basic Facts about
Right to Information

• Title of the Act: The Right to
Information
Act 2005, No. 22
of 2005

• Passed by Lok Sabha: 11th May 2005

• Assent by the President: 15th June, 2005

• Published: The Gazette of
India, No. 251,
Tuesday, June 21,
2005
2

Basic Facts about
Right to Information: Sections Contd…

Section Subject
1 Short Title, Extent and Commencement
2 Definitions
3 Right to Information
4 Obligations of Public Authority
5 Designation of Public Information Officers
6 Request for Obtaining Information
7 Disposal of Request
8 Exemption from Disclosure of Information
9 Grounds for Rejection
10 Severability
11 Third Party Information
12 Constitution of Central Information Commission
13 Term of Office and Conditions of Service
14 Removal of Chief Information Commissioner or Information
Commissioner
3

Basic Facts about
Right to Information Contd…

Section Subject
15 Constitution of State Information Commission
16 Term of Office and Conditions of Service
17 Removal of State Chief Information Commissioner or State
Information Commissioner
18 Powers and Functions of Information Commissioners
19 Appeals
20 Penalties
21 Protection of Action in Good Faith
22 Act to have Overriding Effect
23 Bar of Jurisdiction of Courts
24 Act not to Apply to Certain Organisations
25 Monitoring and Reporting
26 Appropriate Government to Prepare Programmes
27 Power to Make Rules by Appropriate Government
28 Power to Make Rules by Competent Authority
29 Laying of Rules
30 Power to Remove Difficulties
31 Repeal 4

Objectives of RTI Act

Overall Goal: To Promote Transparency and
Accountability in the Working
of every Public Authority

Key Objective: Provide for setting up the
practical regime of right
to information for citizens’ to
secure access to information
under the control of public
authorities.

5

Public Authority Definition under
RTI Act - Section 2(h)
• Any Authority or Body or Institution of Self-
Government established or constituted-
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the
appropriate Government,

• Includes any—
(i) body owned, controlled or substantially
financed;
(ii) non-Government organization substantially
financed, directly or indirectly by funds provided
by the appropriate Government;
6

‘Information’ Defined under
RTI Act 2005 - Section 2(f)

“ Information" means any material in
any form including-
o Records o Reports
o Documents o Papers
o Memos o Samples
o e-Mails o Models
o Opinions o Data material held in any
o Advices electronic form
o Press Releases o Information relating to
o Circulars any private body (which can
o Orders be accessed by a public authority
under any other law for the time
o Logbooks being in force)
o Contracts

7

‘Record’ Defined under
RTI Act 2005 - Section 2(i)

“Record" includes-

c. any document, manuscript and file;
d. any microfilm, microfiche and facsimile copy
of a document;
e. any reproduction of image or images
embodied in such microfilm (whether
enlarged or not); and
f. any other material produced by a computer or
any other device;

8

Right to Information: Key Dimensions
RTI Act 2005 - Sections 2 (j) and 3

“Right to Information” includes the right to-

iii. inspection of work, documents, records;
iv. taking notes, extracts, or certified copies of
documents or records;
v. taking certified samples of material;
vi. obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other
electronic mode or through printouts….

Section 3: Subject to the RTI Act, 2005, all
Citizens shall have the Right to
Information 9

Obligations of Public Authorities
RTI Act 2005 - Section 4

• Every Public Authority Shall -

• Maintain all Records duly Catalogued and
Indexed- Sec 4(1)

• In a manner and form which facilitates Right
to Information

• Ensure all Appropriate Records are
Computerised and Networked within
reasonable time so as to provide Country-wide
access

10


• Publish within 120 days of the Enactment of the Act,
the Organisational Details - Sec 4(1)

ii. Particulars of Organisation, Functions and Duties;

iv. Powers and Duties of Officers and Employees;

vi. Procedures in Decision-making Process - Channels of
Supervision and Accountability;

viii. Norms for Discharge of Functions;

x. Information regarding the rules, regulations, instructions used
for the discharge of its functions;

xii. Statement of Categories of Documents held;
11

RTI Act 2005 - Section 4 Contd…

• Publish within 120 days of the Enactment of the Act,
the Organisational Details - Sec 4(1)….

i. Information on Policy Formulation/ Implementation;

iii. Advice by Boards, Councils, Committees etc.;

v. Directory of Officers/Employees;

vii. Monthly Remuneration of Officers/Employees - System
of compensation as provided in its regulations;

ix. Budget Allocated to each of its agencies - particulars of
all plans, proposed expenditures and reports on
disbursements made;

12


• Publish within 120 days of the Enactment of the Act, the
Organisational Details - Sec 4(1)……

i. Details of Implementation of Subsidy Programmes - amounts
allocated, details and beneficiaries of such programmes;

iii. Particulars of recipients of concessions, permits or
authorisations granted by it;

v. Details of information available to, or held by it, reduced in
an electronic form;

vii. Particulars of facilities available to citizens for obtaining
information, including the working hours of a library or
reading room, if maintained for public use;

ix. Names, designations and other particulars of the Public
Information Officers.

13


• Publish all relevant facts while formulating
important policies or announcing decisions
which affect public - Sec 4(1);

• Provide reasons for its administrative or quasi-
judicial decisions to affected persons
- Sec 4(1).

14

Sprit of RTI

• Provide as much information suo moto to the public at
regular intervals through various means of
communication so that Public have Minimum Resort to
the Use of RTI Act to obtain Information – Sec 4(2)

• For the purposes of Section 4(1), every information
shall be disseminated widely and in such form and
manner which is easily accessible to the public
- Sec 4(3)

• Materials to be disseminated with following
consideration:
• Cost Effective Manner
• Local Language
• Most effective Method of Communication
• Available ‘Free’ or ‘For a Cost’
- Sec 4(4)
15

Designation of Public Information
Officers - RTI Act 2005 - Section 5

• Every Public Authority Shall Within 100 days of the
enactment of the Act, designate as many Officers as Central
or State Public Information Officers, as the case may be, in
all administrative units or offices under its control to provide
information requested under the RTI Act
– Section 5(1)

• Every Public Authority Shall Within 100 days of the
enactment of the Act, designate an Officer at each Sub-
Division Level or Sub-district Level as Central Assistant
Public Information Officer or State Assistant Public
Information Officer, as the case maybe, to receive
applications for information or appeals under the RTI Act for
forwarding the same forthwith to the Central Public
Information Officer or the State Public Information Officer
specified in Sec 5(1) - Section 5(2)
16

Designation of Public Information
Officers - RTI Act 2005 - Section 5
Contd…

• 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 - Section 5(3)

• 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 -
Section 5(4)

• Any officer, whose assistance has been sought under
Section 5(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 - Section 5(5)
17

Procedure to Request Information
RTI Act 2005 - Sections 6 and 7
Applicant to make request in writing or electronically in English,
Hindi, or Local Official Language with Prescribed Fee to appropriate
authority-
• Central or State Public Information Officer
• Central or State Assistant Public Information Officer

Filing an Application:
• At the Public Information Office in public agencies
• Reasons, personal details need not be stated - Sec 6 (1)
• Nominal application fee, exempt for BPL applicants - Sec. 7 (5)

Disposal Time Limits :
• 30 days from date of application (40 days if 3rd party is involved)
• Within 48 hours in case of info related to life and liberty
• Additional fees (if any) to be paid during receipt of information.

18

Exemption from Disclosure
RTI Act 2005 Section 8(1)
1. Information that would prejudicially affect the
sovereignty, integrity, security, scientific or economic
interest and relation with a foreign state

3. Information received in confidence from a foreign
government

5. Information which would lead to commission of an
offence

7. If information disclosure endangers life and physical
safety of any person

9. If it is likely to impede investigation and prosecution
processes

11. If it is about a source of information or assistance given
in confidence of law enforcement or security purposes
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Exemption from Disclosure
RTI Act 2005 Section 8(1) Contd…

1. Cabinet Papers including deliberations of Council of
Ministers, Secretaries and other officers

3. Information whose release is forbidden by a court or
tribunal or disclosure which might constitute contempt of
court

5. Personal or private information . subject to larger public
interest . to be decided by the Public Information Officer.

7. Commercial and trade secrets, intellectual property etc.
that would harm competitive position of third party .
subject to public interest . to be decided by Competent
Authority.

9. Information available to a person in his fiduciary
relationship . subject to public interest . to be decided by
the Competent Authority. 20

Grounds for Rejection to Access in
Certain Cases - RTI Act 2005 -Section 9

Without prejudice to the provisions of Section 8, a
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 – Section 9

21

Third Party Information
• Where a Central Public Information Officer or a State Public
Information Officer, as the case may be, intends to disclose any
information or record, on a request made under this Act, which
relates to/supplied by a Third Party and has been treated as
confidential by that Third Party, the Central Public Information
Officer or State Public Information Officer, as the case may be,
shall, within five days from the receipt of the request, give a
written notice to such Third Party of the request and of the fact
that the Central Public Information Officer or State Public
Information Officer, as the case may be, intends to disclose the
information or record, and invite the Third Party to make a
submission in writing or orally, regarding whether the information
should be disclosed, and such submission of the Third Party shall
be kept in view while taking a decision about disclosure of
information - Sec 11 (1)

Except in the case of trade or commercial secrets protected by law,
disclosure may be allowed if the public interest in disclosure
outweighs in importance any possible harm or injury to the
interests of such third party.
22

Third Party Information

• Where a notice is served by the Central Public Information Officer
or State Public Information Officer, as the case may be, under sub-
section (1) to a third party in respect of any information or record
or part thereof, the third party shall, within ten days from the date
of receipt of such notice, be given the opportunity to make
representation against the proposed disclosure. Sec 11 (2)

• Notwithstanding anything contained in the Section 7, the Central or
the State Public Information Officer, shall, within forty days after
receipt of the request make a decision as to whether or not to
disclose the information or record or part thereof and give in
writing the notice of his decision to the Third Party- Sec 11 (3)

• A notice given under sub-section (3) shall include a statement that
the third party to whom the notice is given is entitled to prefer an
appeal under section 19 against the decision -Sec 11 (4)

23

Constitution of Central Information
Commission RTI Act 2005 - Section 12
The Central Government shall, by notification in the Official Gazette,
constitute a body to be known as the Central Information Commission –
Section 12 (1)

The Central Information Commission would consist of:
• The Chief Information Commissioner and
• The Central Information Commissioners- Section 12 (2)

The Chief Information Commissioner and Information Commissioners
shall be appointed by the President on the recommendation of a
Committee consisting of-
• the Prime Minister, who shall be the Chairperson of the
Committee;
• the Leader of Opposition in the Lok Sabha; and
• a Union Cabinet Minister to be nominated by the Prime Minister
-Section 12 (3)

The Chief Information Commissioner Sec 13 (1) and Central
Information Commissioners Sec 13 (2) will hold the office for 5
years.
24

Constitution of State Information
Commission RTI Act 2005 - Section 15

Every State Government shall, by notification in the Official Gazette,
constitute a State Information Commission- Section 15 (1)

The State Information Commission would consist of
• The State Chief Information Commissioner and
• The State Information Commissioners- Section 15 (2)

The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the
recommendation of a Committee consisting of-
(i) the Chief Minister, who shall be the Chairperson of the Committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister.
- Section 15 (3)

The State Chief Information Commissioner Sec 16 (1) and State
Information Commissioner Sec 16 (2) will hold the office for 5
years.

25

Powers and functions of the Information
Commissions RTI Act 2005 - Section 18

1. Subject to the provisions of this Act, it shall be the duty of the
Central Information Commission or State Information
Commission, as the case may be, to receive and inquire into a
complaint from any person- Sec 18 (1)

• Where the Central Information Commission or State Information
Commission, as the case may be, is satisfied that there are
reasonable grounds to inquire into the matter, it may initiate an
inquiry in respect thereof- Sec 18 (2)

• The Central Information Commission or State Information
Commission, as the case may be, 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- Sec 18 (3)

26

Provision for Appeal

Appeal Provision
(in cases of non-delivery, delay, etc.)

• First appeal within 30 days – with public agencies
- Sec.19 (1)

• Second appeal within 90 days – with the
State Information Commissions - Sec.
19 (3)

• Appeals to be cleared within 30 or 45 days
- Sec. 19 (6) 27

Provision for Penalties

In case of denial of requested information or in case of
giving incorrect information knowingly, a penalty of Rs.
250 each day till the information is furnished will be
imposed on the Central Public Information Officer /
State Public Information Officer – Sec 20 (1)

The Central Public Information Officer or the State Public
Information Officer, shall be given a reasonable
opportunity of being heard before any penalty is
imposed on him - Sec 20 (1)

28

Miscellaneous
RTI Act 2005 - Sections 21-24

• Protection of Action taken in Good Faith-
No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith
done or intended to be done under this Act or any rule
made thereunder – Section 21

• Act to have Overriding Effect -
The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and any
other law for the time being in force or in any
instrument having effect by virtue of any law other
than this Act – Section 22
29

Miscellaneous
RTI Act 2005 - Sections 21-24
Contd…

• Bar of Jurisdiction of Courts
No court shall entertain any suit, application or other
proceeding in respect of any order made under this
Act and no such order shall be called in question
otherwise than way of an appeal under this Act –
Section 23

• Act not to apply to Certain Organisations
Nothing contained in this Act shall apply to the
intelligence and security organisations specified in the
Second Schedule, being organisations established by
the Central Government or any information furnished
by such organisations to that Government – Section
24 (1)
30

Monitoring and Reporting

The Central Information Commission or State
Information Commission, shall, at the end of each
year, prepare a report on the implementation of the
provisions of this Act during that year and forward
a copy thereof to the appropriate Government –
Sec 25 (1)

31

Capacity Building and Training

The Government depending on the Availability of resources:

c) Develop and organise educational programmes to advance
the understanding of the public;

e) Encourage public authorities to participate in development
programmes;

g) Promote timely and effective dissemination of accurate
information by public authorities about their activities; and

i) Train Central Public Information Officers or State Public
Information Officers, and produce relevant training
materials for use by the public authorities.
- Sec 26 (1)
32

Preparation of Programmes

• The appropriate Government shall, within
eighteen months from the commencement of this
Act, compile in its official language a guide
containing such information, in an easily
comprehensible form and manner, as may
reasonably be required by a person who wishes to
exercise any right specified in this Act- Sec 26 (2)

• The appropriate Government must, if necessary,
update and publish the guidelines at regular
intervals – Sec 26 (4)

33

Power to Make Rules by Government
RTI Act 2005 - Sec 27
• The appropriate Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act - Sec 27 (1)

• In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:—
(d) the cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4;
(e) the fee payable under sub-section (1) of section 6;
(f) the fee payable under sub-sections (1) and (5) of section 7;
(g) the salaries and allowances payable to and the terms and conditions
of service of the officers and other employees under sub-section (6) of
section 13 and sub-section (6) of section 16;
(h) the procedure to be adopted by the Central Information Commission
or State Information Commission, as the case may be, in deciding the
appeals under sub-section (10) of section 19; and
(i) any other matter which is required to be, or may be, prescribed.
- Sec 27 (2)
34

Power to Make Rules by Competent
Authority RTI Act 2005 - Sec 28
• The competent authority may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act –
Section 28 (1)

• In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of
the following matters, namely-
i. the cost of the medium or print cost price of the
materials to be disseminated under sub-section (4) of
section 4;
ii. the fee payable under sub-section of section 6;
iii. the fee payable under sub-section (1) of section 7;
and
iv. any other matter which is required to be, or may be,
prescribed
- Section 28 (2)
35

Laying of Rules

• Every rule made by the Central Government
under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament,
while it is in session, for a total period of thirty
days which may be comprised in one session or in
two or more successive sessions
– Section 29 (1)

• Every rule made under this Act by a State
Government shall be laid, as soon as may be
after it is notified, before the State Legislature-
Section 29 (1)
36

Power to Remove Difficulties

• If any difficulty arises in giving effect to the
provisions of this Act, the Central Government
may, by order published in the Official Gazette,
make such provisions not inconsistent with the
provisions of this Act as appear to it to be
necessary or expedient for removal of the
difficulty – Section 30(1)

• Every order made under this section shall, as
soon as may be after it is made, be laid before
each House of Parliament - Section 30(2)

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