Right to Information Act

Right to Information Act was passed by parliament on 13-06-2005 and this act came into force on 13-10-2005.

What is Right to Information?

The Right to Information Act (RTI) is a law, enacted to provide for setting out the practical regime of right to information for citizens. Under this law one may request information from a "public authority”. The Act also requires every public authority to computerize their records for wider dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to formally request for information.

Every Information which is demanded under this act requires to be replied expeditiously or within thirty days

What type of Information can one get under this Act?

1.                 One can inspect documents, works and records.

2.                 Take copies of documents.

3.                 Take certified samples of materials of work.

This information can be obtained in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.

Procedure how to get Information?

Every authority which is covered under this act is bound to appoint Public Information Officer (PIO) Any person may submit a request to the PIO for information in writing. PIO is bound to give information which is demanded, expeditiously or within 30 days.

Some time it happens that the person does not know from where he should get the required information and the person sends a request to wrong PIO, then in that case it is the responsibility of that particular person to forward the made request to the right authority with 5 days so that information to the person should be replied well in time.

To get information under this act one has to attach postal order of Rs 10/- with each request and in case if information demanded is in bundle of pages then one has to pay per page to the information supplier like Rs. 2 per page of information and Rs. 5 for each hour of inspection after the first hour.

Duration for the information under this Act

Every type of information under this Act is provided in 30 days and in case of transfer of request then in 35 days but some information like that of concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission. Further if there is any information in which life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

If the information is not provided in time without any refusal then it is deemed to be refusal on behalf of PIO. After this an appeal can be made to Chief Information Commissioner. Chief Information Commissioner is the head of all PIO.  

Information which can not be disclosed publicly under RTI.

1.     Information received in confidence from foreign Government

2.     Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes

3.     Information which would impede the process of investigation or apprehension or prosecution of offenders

4.     Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.

5.     Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

6.     Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.

7.     Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption).

8.     Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security,  relation with foreign State or lead to incitement of an offence

9.     Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

10.      Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.