My money, My accounts

▪ Aruna Roy – social activist & Magsaysay award

winner, founder of MKSS narrates incident
▪ When asked by a media person why she needed
RTI, Sushila a semi-literate woman from rural
Rajasthan said
“When I send my son to market with 10 rupees, I ask
for accounts. Govt. spends millions of rupees for
the poor – is liye, mera paisa, mera hisab”

1
R T I Act 2005
RTI Rules 2012

H GOVIND
Ex. FACULTY
I.S.T.M.
NEW DELHI
 TOPICS
1. RTI – first step
6. RTI
2. Overview
7. Responsibilities of public
3. Salient features
authorities
4. Preamble & long
8. RTI Online – an overview
title
5. Definitions –
Competent
Authority,
information, Public
Authority, Record,
RTI, 3rd Party
3
 RTI – FIRST STEP
▪ 1766 – Sweden – Freedom of the Press Act
▪ 1946 – UN General Assembly adopted Resolution 59 –
Freedom of information is a fundamental human right….
▪ Indian Constitution – Article 19 – Freedom of Speech &
Expression – meaningless without freedom of information
▪ Initiative – MKSS – Mazdoor Kisan Shakti Sangathan, Bhim
Tehsil Rajasthan – asked for copies of bills & vouchers &
names of persons shown on muster rolls – organised Jan
Sunwai – People’s anger forced Engineer return Rs. 15000/-
extracted from a poor farmer
 Earlier legislations
Laws by States in India Union
 1997 – TN & Goa ▪ May 1997 – Working group –
proposed Bill on Freedom of
 2000 – Rajasthan, Karnataka Information
 2001 – Delhi ▪ Feb 2000 –amendment in FOI
2002 – Maharashtra, ▪ FOI 2002 – casting obligation
Assam upon public authorities to
furnish infn., passed by Parl
2003 – M.P.
▪ FOI could not be brought into
2004/2009 – J&K force because date of coming
into force, was not notified in
Official Gazette
 R.T.I.
 Not a rocket science – just reinventing
wheel
 Earlier – non-disclosure – norm
disclosure – exception
 Now - disclosure – norm
non- disclosure – exception
 Paradigm shift from protection to sharing
rather suo-motto disclosure – Penalty
clauses
 To weigh public interest Vs protected
interests (Section 8(2)
6
 Salient Features
 Access to Information
 Covers Private Body and
 Duty to Furnish Third Party Information
information
 Penalty for non –
 Suo Motu and web based compliance
disclosures  Independent and Non-
 Limited exemptions judicial appellate
 Overriding effect mechanism.
 Exemptions - Specific  Empowerment of citizens
class and prejudice based,  The provisions of the Act are
Qualified and time over-riding in character
limited

7 7
Contd.
 Long Title & Preamble
Long Title Preamble
Purpose of ACT  Transparency of
Provides for setting information
practical regime RTI  contain corruption
for citizens  An informed citizenry
promote transparency  Revelation could
& accountability result in conflict with
Constitution of CIC & other public interests
SIC
Enacting formula : short introductory phrase +
source of authority

8
J&K • Section 1 (2)
– It extends
to the
whole of
India
except the
State
Jammu &
Kashmir.
Definitions – Competent Authority
Section 2(e) – “Competent  the President or the
Authority” means Governor, as the case may
 the Speaker - House of the People be, in the case of other
or LA of a State or a UT having authorities established or
such Assembly constituted by or under the
the Chairman -Council of States or Constitution;
LC of a State;  the administrator
 the CJI in the case of the Supreme appointed under article
Court; 239 of the Constitution;
 the Chief Justice of the High Court Rule 28 – Powers to make
in the case of a High Court; rules by Competent
Authority

10 10
Contd.
Definitions - Information
Section 2 (f)
information means any material in any form
and includes:
records opinions orders papers
document advices logbooks samples
s
memos press contracts models
releases
e-mails circulars reports data material
held in any
electronic form
information relating to any private body which can be
accessed by a PA under any other law for the time being
11 11
in force Contd.
What is information?
 What is information?

Samples / Models

CD Floppy
 Definitions – Public Authority

Information from whom? – Public Authority – Section 2(h) –

umbrella term covers all those owned controlled or financed &
NGOs financed substantially directly or indirectly by concerned
Govt.

Includes Central, State & local Govts., Parl & State

Legislatures, judiciary, police, security forces

Office of Chief Justice of India is covered under the

ambit of RTI Act (SC judgement dt. 13.11.2019) 14 14
Contd.
Definitions - Record

Section 2 (i)
 any document, manuscript and file;
 any microfilm, microfiche and facsimile
copy of a document;
 any reproduction of image or images
embodied in such microfilm (whether
enlarged or not); and
 any other material produced by a
computer or any other device;
15 15
Contd.
 DoPT - clarification
 Act does not require record retention for indefinite period - they
can be retained as per the record retention schedule applicable to
that authority
 Section 9 of Public Records Act 1993 Whoever contravenes
provisions of
Section 4 (No person shall take out of India any public records
without prior approval of CG) or
Section 8 (No public record shall be destroyed or disposed of
except in such manner prescribed)
SHALL be punishable with imprisonment upto 5 years or with
fine up to ten thousand rupees
16
Definitions – Right to Information

Section 2 (j)
 Citizen has right to seek such information from a
public authority held under its control
 Includes inspection of work, documents & records,
taking notes, extracts or certified copies of
documents or records, certified samples of material
held by public authority
 Citizen has right to obtain information in the form of
diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through print-outs

17 17
Contd.
 DoPT - clarification
 Public Authority (under RTI) NOT supposed to create
information; or interpret information; or to solve
problems raised by applicants; or to furnish replies to
hypothetical questions
 Information ordinarily provided in the form in which it
is sought
 PIO shall NOT reshape any information – NOT to
deduce conclusion from material – to supply material
as available – NOT to do research
 The term ‘information’ as defined in the RTI Act does
not include answers to question ‘why’
18
Definitions – Third Party

Section 2 (n)

3rd Party means person other than citizen

requesting for information & includes a
public authority

Procedure to handle Third Party RTI

applications are given in Rule 11

19 19
Contd.
• Section 3 –
– Subject to the provisions of the Act, all citizens shall have the right
to information.
20
 DoPT - clarification
 Who has the Right to information? - only citizens –
NOT to corporations, Associations, Companies etc.
 Can be given to its office bearers as citizens at their
address

21
 THE RIGHTS CONFERRED ON
CITIZENS
 Make a request to PIO or APIO
 Choose medium of request
 Choose language of request
 Seek exemptions for fee
 Seek help for writing request
 Not to state reasons for request
 Receive information, if request is transferred
 Presumption of refusal and consequent right to complaint

22
 Know costing details
 Waiver of costs
 Reasons for rejection of request
 Assistance to access, if physically disabled
 Know details to proceed with appeal
 Choose medium of response to be received,
including sample
 Partial access to records with reasons on limits to
access
 Complaint against refusal/rejection of request or
denial of access etc.
23
 Appeal
 Second Appeal
 Influence penalty against PIO
 Force burden of proof on PIO
 Influence disciplinary action against PIO
 Demand 3rd party information
 Demand Private party information
 Demand on-site inspection
 Receive compensation

24
 SUO MOTTO/PROACTIVE
disclosure (Section 4(1)(b)
 Orgn, functions & duties  Monthly remuneration
 Powers & duties of of officers & employees
officers/employees  Budget
 Procedure following in  Subsidy programmes
decision making  Particulars of recipients
including channels of of concessions, permits
supervision & or authorization granted
accountability by it
 Information reg. rules,  Facilities available to
regulations etc. used by citizens for obtaining
its employees information including
 Advice given by boards, working hours of library
councils etc. or reading room
 Directory of its officers  Names, designations &
& employees other particulars of PIOs
25
 SUO MOTTO/PROACTIVE
disclosure – DoPT OM dt. 15.4.2013
 Information relating to  Publication of these
procurement information is NOT
 Public private partnership optional
 Transfer policy & Transfer
Orders  A statutory requirement
 RTI Applications for every Public Authority
 CAG & PAC paras  in local language for easy
 Citizens Charter access to public
 Discretionary and Non-  To be audited by 3rd party
discretionary grants every year
 Foreign Tours of  Compliance with proactive
PM/Ministers and senior disclosure guidelines, its
officers audit by 3rd party & its
communication to CIC
(denial of air travel by VC should be included as RFD
IGNOU & purpose sought – Target
denial upheld by CIC dt.
10.10.2019)
26
 Duties and Responsibilities of APIOs/CPIOs
APIOs PIOs
 Accept requests for Information (Sec. 6)
Receive applications for
 Render reasonable assistance to citizens
information or appeals under requesting for information (Sec. 5(3)
the Act and forward it to (Sec.
– Reduce oral request into writing (6(1)
5(2) :
– Assist sensorily disabled persons (7(4)
 Public Information Officer or  Seek assistance of any other officer where
 Appellate Officer or necessary
– Such officer shall be treated as PIOs
 Information Commission (5(5)
as the case may be  Disposal of Requests (7)
 CIC Decision No. 10/01/2005-  Communicate the right to appeal and the
details of the Appellate Authority to whom
CIC dt. 25.2.2006 – APIO is
the applicant can appeal
only to forward requests
 Accepting Requests for Information

PIOs/APIOs shall accept request in writing/electronic means (not to

refuse if it is NOT typewritten – CIC/WB/C/2006/00035):
 In English, Hindi or official language of the area
 Accompanied by prescribed fees (IPO/DD/Banker’s cheque – pay order
– not a cheque issued from the personal account of the account holder –
CIC/OK/C/2006 /00118 dt. 4.12.2006)
 With contact details (Name/Address) (Post Box No.)
 With particulars of information specified (6)
 No Fees for persons Below Poverty Line (Prov.7(5)
 Reasons for seeking information not required (6(2)
 HOW TO APPLY
FOR
INFORMATION
(Section 6)
 no prescribed form - can be made on plain paper
 Should have the name and complete postal address of
the applicant - Even if sought electronically
 Information seeker not required to give reasons for
seeking information

29
 Who Receives Applications / First Appeals…
Who? Role? Level
First Appellate Only hears first Officer, senior in
Authority appeals rank to the Public
Information
Officer
Public Receives In all
Information applications and administrative
Officer provides units or offices
information
Assistant Public Only receives At every sub-
Information applications divisional or other
Officer sub-district
30 level 30
 METHOD/FEE (Section 6)
 Application in writing (Max Fee (appln not valid if no fee)
500 words excluding  a DD or a banker’s cheque
annexures & addresses) or an IPO of Rs. 10/-
 in English or Hindi or in the payable to the Accounts
official language of the area Officer
 Can be sent by post of  if no Accounts officer, any
through electronic means other officer designated by
 or can deliver it personally the public authority
in the office of the public  Payment can be made in
authority cash against a proper
 can also be sent through a receipt
Central APIO appointed by
the Department of Post at BPL Applicant –
sub-divisional level or other no fee - proof
sub-district level
31
 METHOD/FEE (Section 6)
cost of information  Postal charges that exceeds
 Rs. 2/- for each page created fifty rupees
or copied (A4 or A3)  FREE if failed to comply
 Actual charges in larger size within time limits
 Actual cost of samples or
models Appln without fee
 Inspection of records – NO Cannot be treated as appln
FEEs for first hr – Rs. 5 for under RTI Act
each subsequent hour
thereafter May consider sympathetically
& supply information
 In diskette or floppy Rs. 50/-
each

32
 TRANSFER OF
APPLICATION
(Section 6)
 if infn pertains to other PIO in  If NO part of infn is
the same Public Authority –
transfer immediately - preferably available & infn pertains
the same day to other PAs
 If infn pertains to another Public
authority - transfer within 5 days  advise applicant to
& inform applicant make separate applns. –
 If part of infn. is with that Public
Authority & rest scattered with if details of others
more than 1, give infn. relating to available, may be
it & advise applicant to make
separate applications to other provided to the applicant
Public Authorities
33
 clarifications
(Transfer of applications)
RTI applications concerning DOPT OM dt. 12.6.2008, 1.6.2009
other PAs & 24.9.2010
 Section 6(1) provides that a i. Applicant makes a bonafide
person (applicant)…. Shall mistake of addressing to a
make a request to the PIO of wrong PA if he/she believes
the concerned PA that information is available
with that PA
 Section 6(3) provides that
…information which is held ii. Applicant does not fulfil his
by another PA or the subject responsibility if he/she
matter of which is more addresses to a wrong PA which
closely connected with do not appear, to a person of
functions of other PA, PA to ordinary prudence, to be the
which appln is made, shall concern of that PA
transfer to that PA
34
 More clarifications
(Transfer of applications…contd.)
 DOPT OM dt. 12.6.2008, v. If part of infn is available
1.6.2009 & 24.9.2010 and part with another PA,
PIO to supply infn available
iii. If concerns other PA, PIO & send a copy of appln to
should transfer appln to other PA under intimation
that PA under intimation to vi. If part of infn is available
applicant and part with more than one
iv. If PIO not aware about another PA, PIO to supply
other PA, inform applicant infn available & advise
that he is not aware. applicant to address separate
However, in case of appeal, applns to concerned PAs –
PIO to establish that details to be provided by
reasonable efforts were PIO, if available
made to find out particular vii. If it concerns SG/UT Admn,
of concerned PA may inform the applicant –
NEED NOT be transferred
35
 DISPOSAL OF REQUEST
(Section 7)
 CPIO required to provide infn.  In case of multiple qns – some
within 30 days of receipt in pertaining to others – may
normal course (KN Pandey vs consolidate & respond – PIO
SL Saxena - AIR 1959 All. 54 – NOT to ask citizen to approach
“within…of” expression another PIO in same PA (CIC in
excludes first day – so if ICPB /C1/CIC/2006 DT. 6.3.17)
received on 1st, can reply by  Information is NOT required to
31st) be collected from different PAs
 If concerns life & liberty- (DoPT OM dt. 1.6.2009)
within 48 hrs.  Can reject if it cannot be
 + 5 days if sent through APIO supplied under provisions of Act
 40 days – if 3rd party is involved
 If infn pertains to another
authority, transfer within 5
days & inform applicant 36
 DISPOSAL OF REQUEST
(Section 7) (contd.)
 Shall inform reasons for Appln without fee (DOPT Guide)
rejection, particulars of Cannot be treated as appln under
appellate authority & period to RTI Act
prefer appeal May consider sympathetically &
 CPIO to inform details of fee, supply information
with calculation, required for
obtaining information  If CPIO fails to send decision
 No obligation if not deposited on request within 30 days/48
hours – deemed to be refused
 Period intervening between
dispatch of intimation &  If applicant is sensorily
payment of fees – shall disabled, CPIO to provide all
excluded for calculating 30 assistance
days – if appln received on 1st
May, fees intimated on 5thMay,
received on 16th May, last date
will be 10th June (30th day)
37
 More clarifications
 Due diligence: CPIO to keep  Dispatch : PIOs to ensure that
the complainant periodically they send all RTI
informed about the progress correspondence through speed
of the case & take him into post & maintain the speed post
confidence about possibility receipt
of some delay (CIC/AT/A/2006/ (CIC/SG/A/2011/002171/15941
00066 dt. 4.7.2006) dt. 25.11.2011)
 Case-by-case approach:  Life or liberty : Read with
Decisions of CIC/SIC have Article 21 of Constn. – Right to
no formal status as life or personal liberty –
precedents – PIO at liberty applicant to provide substantive
to take a different decision – evidence –
decide on cases-to-case basis CIC/WB/A/2006/00128 dt.
– burden of proof on PIO 18.7.2006
38
 More clarifications
 Fees & additional payment :
Deposit towards further fees to  Mere quoting the bare clause
be accepted in advance to does not imply the reasons as to
minimize wastage of resources how he had come to the
(08/IC(A)/2006 dt. 8.3.2006) conclusion of applicability of
 RTI Fees & additional payment that rule
(received on line) to be credited
in the concerned PA’s bank (CIC/OK/C/2006/00010 dt.
account (DoPT OM dt. 7.7.2006
24.11.2016)  PIOs designating others as PIO
 Reasons for rejection ; denial of : NO authority with PIO to do
information without any so, can only seek help, if does
justification amounts to malafide
denial of infn. attracting not get help CIC may impose
penalties.. penalty / recommend action
(CIC/OK/A/2006/00163 dt. against those DPIOs (DOPT OM
7.7.2006) dt. 28.7.2008)
39
 DISPOSAL OF REQUEST
(Section 7)
 PIO to supply ‘material’ in the
 CPIO required to provide infn as form held, NOT to research or
expeditiously as possible deduce conclusion from it
 within 30 days of receipt in  Shall inform reasons for rejection,
normal course particulars of appellate authority
 If concerns life & liberty- within & period to prefer appeal
48 hrs.  CPIO to inform details of fee,
 + 5 days if sent through APIO with calculation, required for
 40 days – if 3rd party is involved obtaining information
 In case of multiple qns – some  No obligation if not deposited
pertaining to others – may  Period from date of intimation to
consolidate & respond payment – excluded from 30 days
 Can reject if it cannot be  If CPIO fails to send decision on
supplied under provisions of Act request within 30 days/48 hours –
deemed to be refused
40
 PIO – Register (Periodical Reports)

 Information provided or not

 Name and address of  Date of providing information
applicant  Within time limit / crossed time
limit
 Date of receipt  Statement of fees
 Partial Information provided 
 Details of information sought reasons
 Detailes of fees received  Information is denied  reasons
 Applicant has filed an appeal or
 Last date (30days) for not
disposal…  Any other information
 Exemptions
Right to seek information is NOT Section 8(3) – infn exempted
absolute would cease to be exempted
Section 8(1) –qualified exemption after 20 yrs of occurrence
(a) National Security except (a), (c) & (i)
(b) Contempt of Court Section 9 absolute exemption
(c) Parliamentary Privilege - Copy right
(d) Trade Secrecy  Schedule II (Section 24) of the
(e) Fiduciary relationship Act contains the names of the
(f) Foreign government Intelligence and Security
(g) Safety of informer in law Organizations (22) which are
enforcement exempt from purview of the
(h) Investigation Act
(i) Cabinet papers  Except in areas of human right
(j) Privacy
violations (with the approval of
CIC within 45 days) &
Section 8(2) – public authority may corruption cases (30 days)
allow access if public interest
ouweighs harm to protected
interests 42
 Third Party information
(Section 11)
 3 Party means person other
rd  PIO to give notice to 3 rd party
within 5 days of receipt of
than citizen requesting for appln
information & includes a public
 3rd party to represent within
authority 10 days against proposed
 If infn sought pertains to record disclosure
relating to or supplied by a 3rd  PIO can take final decision
Party & if not treated as within 40 days of receipt of
confidential by it, PIO is at application
liberty to provide the same to  3rd party can prefer an appeal
applicant against decision within 30
days before FAA, &, within 90
 If infn is treated as days of decision of FA before
‘Confidential’ by 3 party then
rd
CIC for second appeal
 Delay in preferring appeal, if
any, cannot be condoned
43
Illustration: Appeal Process – Citizen’s Rights
vis-à-vis the FAAs & ICs

44 44
 PENALTY/DISC. ACTION
(Section 20)
Where the CIC is of the opinion PIO shall
that the PIO has, without any  be given a reasonable opportunity of
reasonable cause ,
being heard
o Refused to receive an
application for information  burden of proving that he acted
or reasonably and diligently shall be on
o has not furnished the PIO
information within the time CIC shall
specified or  impose a penalty of Rs. 250/-each
o malafidely denied the request day till application is received or
for information or information is furnished Max.
o knowingly given incorrect, Rs.25000/- OR
incomplete or misleading
information or  may recommend disc. action
against the PIO
o destroyed or obstructed
information 45
 MISCELLANEOUS
Section 21 Action in good Section 23 – Bar of jurisdiction
faith – No suit, prosecution of courts – Lower Courts
or other legal proceeding are barred from
shall lie entertaining suits,
applications or other
Section 22 – Overriding proceeding against any
effect of RTI - Any order made under this Act
provisions of RTI - No such order shall be called
inconsistent with any other in question otherwise than
law in force – including by way of an appeal
Official Secrets Act 1923 – - Writ jurisdiction of SC/HC
provisions of RTI Act under Art 32 & Art 226
would prevail remains unaffected
46
 RTI Online – The Process flow
Online Through Post/In Person
Citizen
Public
Authority

Converted into Electronic form

RTI Online RTI Online

(Citizen Interface) (Public Authority
Status/
Interface – RTIMIS)
Information

RTIMIS

Centralized Database 47
 RTI RULES 2012 & 2019
RTI Rules 2012 RTI Rules (Terms of office,
 Notification dt. 31.7.2012 salaries etc. of CIC, IC, SIC &
 Application in writing - Max IC in SIC) Rules 2019
500 words excluding  Notification dt. 24.10.2019
annexures & addresses – No  CIC pay Rs. 2,50,000/- per
application rejected only on mensem (Cab Secy., CEC
ground that it contains more etc.)
than 500 words
 IC(CIC), SIC/IC pay Rs.
 Fee for providing 2,25,000/- per mensem
information would include (Secy. , Chief Secy. ECs etc.)
postal charge involved in
supply of information that 48
exceeds fifty rupees
THANK YOU

49