RIGHT TO INFORMATION ACT - INDIA

 The Right to Information Act 2005 (Act No. 22/2005) is a law enacted by the Parliament of India giving citizens of India access to records of Central Government and State Governments. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered under a State-level law.

 

Under the provisions of the Act, any citizen (including the citizens within J&K) may request information from a "public authority" (a body of Government or State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

 

This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005.

 

The Act specifies that citizens have a right to:

-         request any information (as defined)

-         take copies of documents

-         inspect documents, works and records

-         take certified samples of materials of work

-         obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode 

INFORMATION - 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 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 but does not include "file notings".

 

SCOPE

The Act covers the whole of India except Jammu and Kashmir. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature.

PROCESS

Under the Act, all complying departments must appoint their Public Information Officer (PIO). Any citizen of India may submit a request to the PIO for information in any format, paper or electronic. It is the PIO's responsibility to ensure that the information is obtained from the appropriate department or section. If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In addition, every public authority is required to designate Assistant Public Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority.

 

The citizen making the request is not obliged to explain why the information is needed. The Act specifies time frames for replying to the request.

 

-         If the request has been made to the PIO, compliance is expected within 30 days of receipt.

-         If the request has been made to an APIO, compliance is expected within 35 days of receipt.

-         If the PIO transfers the request to some other public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.

-         Information about Human Rights violations by Security agencies is to be provided within 45 days but with the prior approval of the Central Information Commission.

-         However, in any of the above cases, if life or liberty is involved, the PIO has to reply within 48 hours

 

Since the information is to be paid for, the time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed.

If information is not provided within this period, it is treated as a refusal. Refusal with or without reasons may be ground for appeal.