Rti 1

Q1. Discuss the procedure and obligations of Public Authority to provide Information.
(Mar 2022)
Q2. Examine the procedures to obtain information and obligations of Public authorities under the RTI-Act. Refer to
cases.
Q3. Examine the procedure to get information and the obligation of the public authorities to provide information.
Q4. Explain the procedures for “Disposal of Requests” under Right to information Act, 2005. (Oct/Nov 2021)
Q5. What is Right To Information? Explain the obligations of the public authorities under RTI Act 2005. (Mar/Apr 2021)
Ans-
Synopsis Public authority

Introdution In india RTI Act 2005 was encted in 15th june 2005 to promote transparency and accountability in
the working of public authorities, the RTI Act empowers the citizens to have access to
information under the control of public authorities,
Definition of Right Information (section 2(f))
to information and Information means any maerial in any form, including records, documents, memos, e-
public authority mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,
samples, models, data material held in any electronin 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:
Right to information (section 2 (j))

Right information means the right to information accessible under this act which held by
or under the control of any public authority and includes the right to:
a. inspection of work, documents, records:
b. taking notes, extracts, or certified copies of documents or records:
c. taking certified samples of material:
d. obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts where such information is stored in a computer or in any
other device.
PUBLIC AUTHORITY (section 2 (h))

Public authority means 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
and it includes any :
 body-owned controlled or substantially financed :
 non-government organization substantially financed, directly or indirectly by funds
provided by the appropriate government
Obligations of The obligation of public authorities is described under section 4 of the right information act
public 2005 is to be compulsorily compiled by a public authority without any request from a person for
authority(section 4 self - determination. In order to enforce the right to informationin section 4 the public
and 5) authorities have been subjected to these following obligations-
1. maintenance of records - every public authority is required to maintain all it’s records duly
catalogued and indexed. In order to facilitate access to it’s records, the public authority shall
ensure that all the records that are appropriate for computerization are computerized and
connected through a network across the country on various systems within a reasonable time
frame and according to resource availability
2. Publication of certain matters - every public authority is required to publish certain particulars
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within 120days of the enactment of the Act, some of which are enumerated below-
a. the particulars of its organization, functions and duites.
b. the powers and duites of it’s officers and employees.
c. the procedure followed in the decision-making process, including channels of supervision and
accountability.
d. the norms set by it for the discharge of its functions.
e. details of budget allocated to its agencies.
f. details regarding information held in electronic form.
g. Names and designations of the public information officers etc.
h. such other information as may be prescribed and thereafter update the publications every
year.
3. suo-moto furnishing of information (section 4(2)) - the public authority to make efforts for
providing information suo-moto to the public at regular intervals using various modes of
communication.
4. Dissmination of information (section 4(3) and (4) - section 4(3) provides for wide
dissemination of information in a manner that is easily accessible to the public.
Section 4(4) provides that the dissemination of information has to be done after considering the
following factors-
1. cost-effectiveness
2. local language of an area
3. the most effective method of communication in aparticular local area.
5. designation of public information officers (section 5) - section 5 provides for the designation of
central public information officers(CPIOs) and state public information Officers(SPIOs) by every
public authority within 100days from the enactment of this act, such officers have duty to
provide information requested under this act.
Procedures for 1. manner of making a request for information - A person, who my desires to obtain any
obtaining information under this act, shall make a request in writing or through electronic means,
information(section 2. language- English or hindi or official language of the area in which the application is being
6) made.
3. Any fees - such application shall be accompanied by the prescribed fee.
4. To whom application is made - to the CPIO/SPIO of the concerned public authority or to the
AssistantCPIO/SPIO.
Disposal of Period within which information to be furnished
request(section 7) Section 7(1) provides for expeditious disposal of the request for information by the CPIO/SPIO,
the CPIO/SPIO shall with in 30 days of receiving the request, either provide the information on
payment of such fee as may be prescribed or reject the request for any of the reasons specified
in section 8 and 9. Thus, a 30day period is provided for responding to the request.
Provided that if where the information sought for concerns the life and liberty of a person, te
same shall be provided within 48 hours of the receipt of the request.
Case laws In Madhu Bhaduri v. Director(LM) DDA, Delhi - the Commission held that where any public
authority asked the reasons before providing the information from the applicant, it is purely
the violation of the provisions of section 6(2) of the RTI Act, 2005. As per the provisions of
the RTI Act no public authority can ask the reasons for making application under the RTI Act.
In Madhuri Singh v. Surguja Kshetriya Gramin Bank- The commission held that
the information cannot be denied simply by saying ‘NO’ to the applicant. Since it is
a statutory right it has to be seen strictly as per the statutory provisions of the act.
The rejection has to be as per the said provisions.
conclusion
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Q1. Discuss the procedure and obligations of Public Authority to provide Information.

Synopsis Public authority

Right to information (section 2 (j))

PUBLIC AUTHORITY (section 2 (h))

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