Central Right To Information Act
Right to Information Act provides to every citizen of India right to ask information held by a Public Authority. The Central Right to information Act covers all Indian states except for the state the State of Jammu and Kashmir. All public organizations/groups that come under the authority of government and/or are sponsored by Government, come under the RTI act and can be petitioned for any information by the citizens of India. All private bodies, which are owned, controlled or substantially financed by the Government, are also directly covered.
In case, one has been denied any information that he/she asked for, he/she may file Appeal/Complaint before the Central Information Commission (CIC).
In case, one has been denied any information that he/she asked for, he/she may file Appeal/Complaint before the Central Information Commission (CIC).
The Act
- Click here to download a copy of the act
The RTI Act 2005 – Coverage
- Covers executive, judiciary and legislature (2(e)).
- Includes information relating to private bodies, which can be accessed under any other law for the time being in force (2(f)).
The RTI Act 2005 – Some Definitions
- "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 (2(f)).
- "right to information" means the 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; (2(j)).
The RTI Act 2005 – Processes
- Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO).
- Envisages PIO/APIO in each department/agency to receive requests and provide information. These will be existing officers.
- Information to be provided within 30 days. 48 hours where life or liberty is involved. 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/intelligence agencies.
- Time taken for calculation and intimation of fees excluded from the time frame.
- No action on application for 30 days is a deemed refusal.
- No fee for delayed response.
RTI Act 2005 – Appeals & Complaints
- First appeal with senior in the department.
- Second appeal with Information Commission.
- Appeal to be disposed of in 30-45 days.
RTI Act 2005 – Penalties
- Complaints against violation of the Act to Information Commission, which can impose penalties.
- For unreasonable delay – Rs 250 per day up to Rs 25,000.
- For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine.
Recommendation for departmental action for persistent or serious violations.