RIGHT TO INFORMATION ACT, 2005 AN OVERVIEW

INTRODUCTION
After much criticism, the Right to Information Act came into effect on 13 Oct 2005. Under this Act, every citizen of the nation has a right to obtain information from the public authority. The Act

extends to the whole of India except the State of Jammu & Kashmir.

OBJECTS AND REASONS OF THE ACT

 The objects and reasons of the Act are :(a) to secure access to information under the control of public auth. (b) to promote transparency and accountability. (c) to curtail corruption, (d) to hold Govt and their accountable to be governed. instrumentalities

(e) to preserve the confidentiality of sensitive information. (f) to provide for furnishing certain information to citizens who desire to have it.

INFORMATION : DEFINED
According To Section 2 (f), `Information Means :       Any material in any form. Including records, documents, memos, emails, 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.

MEANING OF PUBLIC AUTHORITIES

 `Public authorities means all the Government departments and all institutions set up under any law either of the Union of the State or by or under any notification issued in exercise of executive power. They also include all institutions under the management of control of the Governments or receiving state Aid. All industrial establishments set up or controlled under the Union or the State and all local authorities and also all research institutions and institutions set up for the promotion of art, culture and literature, are all public authorities for the purpose of this Act. All these institutions are liable to make available the information they have on the mere call of the citizen. In order to render this service with utmost promptitude, the Act provides for appointment of Public Information officers in each of the public authorities at different levels.

RIGHT TO INFORMATION
 Section 2(j) of the Act defines it as 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 :(a) inspection of work, documents, records; (b) taking notes, extracts of 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.

RIGHT TO INFORMATION UNDER THE ACT

A citizen is a right to seek such information for public authority which is held by the public authority or which is held under its control. Right includes inspection of work, documents and records, taking notes, extracts or certified copies of documents and records ;and taking certified samples of material held by the public authority or held under the control of the public authority . The active the citizens a right of information at par with the members of Parliament and members of State legislatures. According to the act, the information which cannot be denied to the Parliament or the State Legislature, shall not be denied to any person.

 A citizen is a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts provided such information is already stored in a computer or in any other device from which information may be transferred to diskettes etc. The information to the applicant shall ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of records, supply of information in that form may be denied

The act gives the right to information only to the citizens of India. It does not make provision for giving information to corporations, associations, companies etc which are legal entities/persons but not citizens. However if an application is made by an employee or office-bearer of any corporations, association, company, NGO etc indicating his name and such employees/offers bearer is a citizen of India, information may be supplied of him/her. In such cases, it would be presumed that the citizen has sought information at the address of the corporation etc. Only such information is required to be supplied under the act which already exists and is held by the public authority or held under the control of the public authority. The CPIO is not supposed to create information or to interpret information: or to solve the problem is by the applicant: or to furnish replies to hypothetical questions

CONTENTS AND FORMAT OF APPLICATION

An applicant making request for information is not required to give reasons for requesting information or any other personal details except those that may be necessary for contacting him. Also, the act or the rules do not prescribe any format of application for seeking information. Therefore, the applicant should not be asked to give justification for seeking information or to give details of his job etc. or to submit an application in any particular form.

INVALID APPLICATIONS
Soon after receiving the application, the CPIO should check whether the applicant has made the payment of the application fee of Rs.10/- or whether the applicant is a person belonging to the Below Poverty line (BPL) family. If application is not accompanied by the prescribed fee or the BPL certificate, it cannot be treated as a valid application under the RTI act and may be ignored.

TRANSFER OF APPLICATION
In the application is accompanied by the prescribed free or the below poverty line certificate, the CPIO should check whether the subject matter of the application or part thereof concern some other public authority. The subject matter of the application concerns any other public authority, it shall be transferred to the public authority. If only a part of the application concerns the other public authority, a copy of the application may be sent to the public authority, clearly specifying the part which relates to the public authority. While transferring the application or sending a copy thereof, the concerned public authority shall inform that the application fee has been received. The applicant should also informed about the transfer was application and the particulars of the public authority to whom the application or a copy thereof has been sent

 Transfer of application of part thereof, as the case may be, should be made as soon as possible and any case within five days from the date of receipt of the application. If a CPIO transfers an application after five days from the receipt of the application, he would be responsible for the delay in disposing of the application to the extent of number of days which he takes in transferring the application beyond five days. The CPIO of the public authority to whom the application is transfer, should not refuse acceptance of the transfer of the application on the ground that it was not transferred to him within five days.

 A public authority made designated as many CPIOs for it, as it may deem necessary. It is possible that in a public authority with more than one CPIO, an application is received by the CPIO other than the concerned CPIO. In such case, the CPIO receiving the application shall transfer to the concerned CPIO immediately, preferably the same-day. The time period of five days for transfer of the application applies only when the application is transferred from one public authority to another public authority and not for transfer from one CPIO to another in the same public authority

TIME PERIOD FOR SUPPLY OF INFORMATION

Sr SITUATION .N o TIME LIMIT FOR DISPOSING OFF APPLICATION

1 Suppliers of information in 30 days normal course 2 Supply of information is that 48 hours concerns the life or liberty of a person 3

THIRD PARTY
THIRD PARTY means a person other than the citizen making a request for information and includes a public authority

SEEKING INFORMATION
The following steps to seek information.  The citizen may send the application for the information to the Assistant public information officer, who will transmit it within 5 days to the Public Information Officer and shall be disposed of within 30 days.  If the information officer refuses to provide the information either partly or fully or fails to respond, the applicant may file an appeal before the officer higher in status over the Public Information Officer. This appeal is the first appeal.  The third stage is second appeal to be entertained by Central/State Information Commissioner. If Commission finds Information Officer to be at fault, it may levy on him heavy proceedings against him and may further issue general orders for rectifying the deficiencies

REQUEST FOR OBTAINING INFORMATION SECTION - 6 A person who desires to obtain any information under this Act, shall request in writing or through electronic means. Applicant shall not be required to give any reasons or any personal details except that may be necessary for contacting him. Where an application is made to public auth, such application shall be transferred to appropriate authority and applicant be informed immediately.

DISPOSAL OF REQUEST (SECTION-7)

The Central / State Public Information Officer on receipt of a request shall provide : within 30 days of receipt of request either provide information or reject for reasons given in section 8 and 9.  within 48 hours if concerns the life or personal liberty of a person.  If the officer fails to give decision, it shall be deemed as refusing the request.  Where request rejected, officer shall communicate :(i) (ii) (iii) The reasons for rejection. Period within which an appeal may be preferred. Particulars of appellate authority.

EXEMPTION FROM DISCLOSURE OF INFORMATION (SECTION 8 & 9 OF RTI)

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen any information; (a) Likely to prejudice, affect the sovereignty and integrity, the security, strategic, scientific or economic interests, relation with foreign state, or lead to incitement of an offence. (b) Forbidden to be published by any court. (c) Info causing breach of privilege of Parliament. (d) Info including commercial confd, trade secret or intellectual property. (e) Info available to a person in his fiduciary relationship. (f) Info recd in confidence from foreign Govt.

EXEMPTION FROM DISCLOSURE OF INFORMATION (SECTION 8 & 9 OF RTI) CONTD

(g) Endanger the life or physical safety of any person.

(h) Info which will impede the process of investigation or apprehension or prosecution of offenders. (i) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries & other officers. (j) Personal info having no relation to any public activity or which will cause unwarranted invasion of the privacy of indl. (k) Where providing access would involve an infringement of copy write subsisting in a person other than the state.

SEVERABILITY (SECTION 10 OF RTI)

 Access may be provided to that part of the record which is not exempted under sec 8 and 9 after severing it from part which is exempted.  Where access is granted to a part of the record, officer shall inform the applicant that :(a) Only part of record provided, which was not exempted from disclosure. (b) Reasons for such findings. (c) The name and designation of the person giving the decision. (d) The amount of fee which the applicant is required to deposit. (e) His right to review and time limit.

THIRD PARTY INFORMATION 11 OF RTI)

(SEC

THIRD PARTY means a person other than the citizen making request for information and includes Public authority. (I) Before providing info, which relates to or is supplied by 3rd party and has been treated as confidential by that party, the Information officer shall give written notice within 05 days to third party and invite submissions. (2) The third party within ten days from receipt of notice to make representation against the proposed disclosure. (3) Within 40 days after receipt of request, if third party has been given opportunity to make representation, Information officer shall make a decision.

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONER (SECTION 18 OF RTI)

Central Information Commission or State Information Commissioner may initiate an inquiry into a complaint if required, having the same powers as are vested in a civil court under the code of Civil Procedure 1908 in respect of following matters : Summoning and enforcing the attendance.  Inspection of docu.  Receiving evidence on affidavit.  Requisitioning any public record.  Issuing summon for witness or docu.  Any other matter which may be prescribed. .

APPEAL (SECTION 19 OF RTI)

FIRST APPEAL: 30 DAYS PERIOD LIMIT. Any citizen who does not receive a decision within the time specified, or is aggrieved by the decision of the information officer may prefer appeal to officer senior to such information officer. SECOND APPEAL : 90 DAYS PERIOD LIMIT. A second appeal against the decision of 1st appeal, to central or State Information Commissioner. EXTENSION OF PERIOD Where sufficient cause for not filing the appeal in time, is shown appeal can be admitted after expiry of the period of 30 days and 90 days respectively.  Appeal to be disposed off in 30 days from receipt.

PENALTIES (SECTION 20 OF RTI)

IMPOSITION OF PENALTY
 Where the Central/State Public Information Officer, (a) Without any reasonable cause refuse to receive an application (b) Does not furnish information within time specified (c) Malafidely denies the request or (d) Gives incorrect, incomplete, misleading, or destroyed information knowingly.  then Central/State Public Information Commissioner can impose a penalty of Rs.250/- each day till application is received or information is furnished but the total amount shall not exceed Rs.25,000/ opportunity of being heard to be given to that information Officer otherwise the order of penalty shall be set aside.  Shall recommend disciplinary action against Information officer who without any reasonable cause and persistently, commits any of above. NO APPEAL AGAINST THE ORDER OF PENALTY

MISCELLANEOUS
SEC 21: PROTECTION OF ACTION TAKEN IN GOOD FAITH. No suit, prosecution or other legal proceedings shall lie against any person for anything which is done or intended to be done in good faith under this Act or any rule made thereunder. SEC 22 : ACT TO HAVE OVERRIDING EFFECT. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), any any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

MISCELLANEOUS
SEC 23: BAR OF JURISDICTION OF COURTS. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

ORGANISATIONS EXEMPTED : SEC 24

   Intelligence/security org specified in second schedule are exempted from the operation of the act (RAW, IB, AR. ITBP & BSF ETC) Central/State Govt empowered to add/remove org to/from second schedule. exemption, however, does not cover info pertaining to : Allegations of corruption  Human Rights violations

SECOND SCHEDULE : SEC 24

                  Intelligence Bureau Research and Analysis Wing of the Cabinet Secretariat. Directorate of revenue intelligence. Central Economic intelligence Bureau. Directorate of Enforcement. Narcotics control Bureau. Aviation Research Centre. Special Frontier force. Border security force. Central reserve Police Force Indo-Tibetan Border police. Central Industrial Security force. National Security Guards. Assam Rifles Special Service Bureau. Special Branch (CID), Andaman and Nicobar The Crime Branch-CID.- CB, Dadra and Nagar Haveli. Special Branch, Lakshadweep police.

PUBLIC INFORMATION OFFICERS IN THE ARMY

S.NO FORMATION PUBLIC INFORMATION APPELLATE OFFICER AUTHORITY ADG PL DGSC&W

1.

IHQ MOD (ARMY) COMMAND HQ

2.

BRIG P&A

COS

3.

CORPS HQ

COL A

COS

4.

AREA/ INDEPENDENT SUB AREA

COA A

COS-COMD (as applicable)

IMPLICATIONS
       Army would be obliged to furnish information on all subjects not covered by exemption under sec 8 of Right to Information Act. Any exemption under sec 8 may be challenged (See Section 19). Defence procurements and related policies. Ord/ASC procurements & supplies. Policies on recruitment, posting , promotion, pension etc. use of service air crafts/transport / equipment etc. Such info may have indirect bearing on Op matters.