Frequently Asked Questions
Q.1. When does it come into force?
Ans.
It comes into force on the 12th October, 2005 (120th day of its
enactment on 15th June, 2005). Some provisions have come into force
with immediate effect
viz. obligations of public authorities [S. 4(1)], designation of
Public Information Officers and Assistant Public Information Officers
[S. 5(1) and 5(2)],
constitution of Central Information Commission (S.12 and 13),
constitution of State Information Commission (S. 15 and 16),
non-applicability of the Act
to Intelligence and Security Organisations (S. 24) and power to make
rules to carry out the provisions of the Act (S. 27 and 28).
Q.2. Who is covered?
Ans.
The Act extends to the whole of India except the State of Jammu and
Kashmir. [S. 1(2)]
Q.3. What does information mean?
Ans.
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" [S. 2(f)].
Q.4. What does Right to Information mean?
Ans.
It includes the right to —
List of 4 items
i. inspect works, documents, records.
ii. take notes, extracts or certified copies of documents or records.
iii. take certified samples of material.
iv. obtain information in form of printouts, diskettes, floppies,
tapes, video cassettes or in any other electronic mode or through
printouts. [S. 2(j)]
list end
Q.5. What are the obligations of public authority?
Ans.
It shall publish within one hundred and twenty days of the enactment:-
List of 16 items
i. the particulars of its organisation, functions and duties;
ii. the powers and duties of its officers and employees;
iii. the procedure followed in the decision making process, including
channels of supervision and accountability;
iv. the norms set by it for the discharge of its functions;
v. the rules, regulations, instructions, manuals and records used by
its employees for discharging its functions;
vi. a statement of the categories of the documents held by it or under
its control;
vii. particulars of any arrangement that exists for consultation with,
or representation by the members of the public, in relation to the
formulation of
policy or implementation thereof;
viii. a statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted by it. Additionally,
information as
to whether the meetings of these are open to the public, or the
minutes of such meetings are accessible to the public;
ix. a directory of its officers and employees;
x. the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
xi. the budget allocated to each of its agency, indicating the
particulars of all plants, proposed expenditures and reports on
disbursements made;
xii. the manner of execution of subsidy programmes, including the
amounts allocated and the details and beneficiaries of such
programmes;
xiii. particulars of recipients of concessions, permits or
authorizations granted by it;
xiv. details of the information available to, or held by it, reduced
in an electronic form;
xv. the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading room,
if maintained
for public use;
xvi. the names, designations and other particulars of the Public
Information Officers. [S. 4(1)(b)]
list end
Q.6. What is not open to disclosure?
Ans.
The following is exempt from disclosure (S. 8)
Block quote start
List of 11 items
i. information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic,
scientific or economic interests
of the State, relation with foreign State or lead to incitement of an offence;
ii. information which has been expressly forbidden to be published by
any court of law or tribunal or the disclosure of which may constitute
contempt of
court;
iii. information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature;
iv. information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of
a third party, unless the competent authority is satisfied that larger
public interest warrants the disclosure of such information;
v. information available to a person in his fiduciary relationship,
unless the competent authority is satisfied that the larger public
interest warrants
the disclosure of such information;
vi. information received in confidence from foreign Government;
vii. information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given
in confidence for law enforcement or security purposes;
viii. information which would impede the process of investigation or
apprehension or prosecution of offenders;
ix. cabinet papers including records of deliberations of the Council
of Ministers, Secretaries and other officers;
x. information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which
would cause
unwarranted invasion of the privacy of the individual;
xi. Notwithstanding any of the exemptions listed above, a public
authority may allow access to information, if public interest in
disclosure outweighs the
harm to the protected interests.
list end
Block quote end
Q.7. Is partial disclosure allowed?
Ans.
Only that part of the record which does not contain any information
which is exempt from disclosure and which can reasonably be severed
from any part that
contains exempt information, may be provided.
[S. 10]
Q.8. What does a "public authority" mean?
Ans.
It means any authority or body or institution of self-government
established or constituted: [S. 2(h)]
List of 4 items
• by or under the Constitution;
• by any other law made by Parliament:
• by any other law made by State Legislature;
• by notification issued or order made by the appropriate Government
and includes any —
list end
Block quote start
List of 2 items
A. body owned, controlled or substantially financed,
B. non-Government organization substantially financed directly or
indirectly by the appropriate Government.
list end
Block quote end
Q.9. Who is excluded?
Ans.
Central Intelligence and Security agencies specified in the Second
Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central
Economic Intelligence
Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation
Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG,
Assam Rifles,
Special Service Bureau, Special Branch (CID), Andaman and Nicobar, the
Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch,
Lakshadweep Police.
Agencies specified by the State Governments through a Notification
will also be excluded. The exclusion, however, is not absolute and
these organizations
have an obligation to provide information pertaining to allegations of
corruption and human rights violations. Further, information relating
to allegations
of human rights violations could be given but only with the approval
of the Central or State Information Commission, as the case may be.
[S. 24]
Q.10. Who are "Third Parties"?
Ans.
A third party means a person other than the citizen making a request
for information and includes a public authority. Third parties have a
right to be
heard in respect of applications and appeals dealing with information
submitted by them to the Government in confidence.
[S. 2(n) and S. 11]
Q.11. Who are Public Information Officers (PIOs)?
Ans.
PIOs are officers designated by the public authorities in all
administrative units or offices under it to provide information to the
citizens requesting
for information under the Act. Any officer, whose assistance has been
sought by the PIO for the proper discharge of his or her duties, shall
render all
assistance and for the purpose of contraventions of the provisions of
this Act, such other officer shall be treated as a PIO.
Q.12. What are the duties of PIO?
Ans.
• PIO shall deal with requests from persons seeking information and
where the request cannot be made in writing to render reasonable
assistance to the
person to reduce the same in writing.
Block quote start
• If the information requested for is held by or its subject matter is
closely connected with function of another public authority, the PIO
shall transfer,
within 5 days, the request to that other public authority and inform
the applicant immediately.
• PIO may seek the assistance of any other officer for the proper
discharge of his/her duties.
• PIO, on receipt of a request, shall as expeditiously as possible,
and in any case within 30 days of the receipt of 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 S.8 or S.9.
• Where the information requested for concerns the life or liberty of
a person, the same shall be provided within forty-eight hours of the
receipt of the
request.
• If the PIO fails to give decision on the request within the period
specified, he shall be deemed to have refused the request.
• Where a request has been rejected, the PIO shall communicate to the
requester — (i) the reasons for such rejection, (ii) the period within
which an appeal
against such rejection may be preferred, and (iii) the particulars of
the Appellate Authority.
• PIO shall provide information in the form in which it is sought
unless it would disproportionately divert the resources of the Public
Authority or would
be detrimental to the safety or preservation of the record in question.
• If allowing partial access, the PIO shall give a notice to the
applicant, informing:
Block quote start
List of 5 items
A. that only part of the record requested, after severance of the
record containing information which is exempt from disclosure, is
being provided;
B. the reasons for the decision, including any findings on any
material question of fact, referring to the material on which those
findings were based;
C. the name and designation of the person giving the decision;
D. the details of the fees calculated by him or her and the amount of
fee which the applicant is required to deposit; and
E. his or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee charged
or the form of
access provided.
list end
Block quote end
List of 2 items
• If information sought has been supplied by third party or is treated
as confidential by that third party, the PIO shall give a written
notice to the third
party within 5 days from the receipt of the request and take its
representation into consideration.
• Third party must be given a chance to make a representation before
the PIO within 10 days from the date of receipt of such notice.
list end
Block quote end
Q.13. What is the Application Procedure for requesting information?
Ans.
1. Apply in writing or through electronic means in English or Hindi or
in the official language of the area, to the PIO, specifying the
particulars of the
information sought for.
2. Reasons for seeking information are not required to be given.
3. Pay fees as may be prescribed (if not belonging to the
below poverty line category).
Q.14. What is the time limit to get the information?
Ans.
1. 30 days from the date of application.
Block quote start
2. 48 hours for information concerning the life and liberty of a person.
3. 5 days shall be added to the above response time, in case the
application for information is given to Assistant Public Information
Officer.
4. If the interests of a third party are involved then time limit will
be 40 days (maximum period + time given to the party to make
representation).
5. Failure to provide information within the specified period is a
deemed refusal.
Block quote end
Q.15. What is the fee?
Ans.
1. Application fees to be prescribed which must be reasonable;
Block quote start
2. If further fees are required, then the same must be intimated in
writing with calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the
PIO by applying to the appropriate Appellate Authority;
4. No fees will be charged from people living below the poverty line;
5. Applicant must be provided information free of cost if the PIO
fails to comply within the prescribed time limit.
Block quote end
Q.16. What could be the ground for rejection?
Ans.
1. If it is covered by exemption from disclosure. (S. 8)
Block quote start
2. If it infringes copyright of any person other than the State.
(S. 9)
Block quote end
Q.17. Who are the Appellate Authorities?
Ans.
1. First Appeal: First appeal to the officer senior in rank to the PIO
in the concerned Public Authority within 30 days from the expiry of
the prescribed
time limit or from the receipt of the decision (delay may be condoned
by the Appellate Authority if sufficient cause is shown).
Block quote start
2. Second Appeal: Second appeal to the Central Information Commission
or the State Information Commission as the case may be, within 90 days
of the date
on which the decision was given or should have been made by the First
Appellate Authority (delay may be condoned by the Commission if
sufficient cause
is shown).
3. Third Party appeal against PIO’s decision must be filed within 30
days before first Appellate Authority; and, within 90 days of the
decision on the first
appeal, before the appropriate Information Commission which is the
second appellate authority.
4. Burden of proving that denial of information was justified lies with the PIO.
5. First Appeal shall be disposed of within 30 days from the date of
its receipt. Period extendable by 15 days if necessary. (S. 19)
Block quote end
Q.18. How is Central Information Commission constituted?
Ans.
1. Central Information Commission to be constituted by the Central
Government through a Gazette Notification.
Block quote start
2. Commission includes 1 Chief Information Commissioner (CIC) and not
more than 10 Information Commissioners (IC) who will be appointed by
the President
of India.
3. Oath of Office will be administered by the President of India
according to the form set out in the First Schedule.
4. Commission shall have its Headquarters in Delhi. Other offices may
be established in other parts of the country with the approval of the
Central Government.
5. Commission will exercise its powers without being subjected to
directions by any other authority. (S. 12)
Block quote end
Q.19. What is the eligibility criteria and what is the process of
appointment of CIC/IC?
Ans.
1. Candidates or CIC/IC must be persons of eminence in public life
with wide knowledge and experience in law, science and technology,
social service, management,
journalism, mass media or administration and governance.
Block quote start
2. CIC/IC shall not be a Member of Parliament or Member of the
Legislature of any State or Union Territory. He shall not hold any
other office of profit
or connected with any political party or carrying on any business or
pursuing any profession. (S. 12)
3. Appointment Committee includes Prime Minister (Chair), Leader of
the Opposition in the Lok Sabha and one Union Cabinet Minister to be
nominated by the
Prime Minister.
Block quote end
Q.20. What is the term of office and other service conditions of CIC?
Ans.
1. CIC shall be appointed for a term of 5 years from date on which he
enters upon his office or till he attains the age of 65 years,
whichever is earlier.
Block quote start
2. CIC is not eligible for reappointment.
3. Salary will be the same as that of the Chief Election Commissioner.
This will not be varied to the disadvantage of the CIC during service.
(S. 13)
Block quote end
Q.21. What is the term of office and other service conditions of IC?
Ans. 1. IC shall hold office for a term of 5 years from the date on
which he enters upon his office or till he attains the age of 65
years, whichever is
earlier and shall not be eligible for reappointment as IC.
Block quote start
2. Salary will be the same as that of the Election Commissioner. This
will not be varied to the disadvantage of the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for
more than a total of five years including his/her term as IC.
(S. 13)
Block quote end
Q.22. How is the State Information Commission constituted?
Ans.
1. The State Information Commission will be constituted by the State
Government through a Gazette notification. It will have one State
Chief Information
Commissioner (SCIC) and not more than 10 State Information
Commissioners (SIC) to be appointed by the Governor.
Block quote start
2. Oath of office will be administered by the Governor according to
the form set out in the First Schedule.
3. The headquarters of the State Information Commission shall be at
such place as the State Government may specify. Other offices may be
established in
other parts of the State with the approval of the State Government.
4. The Commission will exercise its powers without being subjected to
any other authority.
Block quote end
A.23. What is the eligibility criterion and what is the process of
appointment of State Chief Information Commissioner/State Information
Commissioners?
Ans.
The Appointments Committee will be headed by the Chief Minister. Other
members include the Leader of the Opposition in the Legislative
Assembly and one
Cabinet Minister nominated by the Chief Minister.
Block quote start
The qualifications for appointment as SCIC/SIC shall be the same as
that for Central Commissioners.
The salary of the State Chief Information Commissioner will be the
same as that of an Election Commissioner. The salary of the State
Information Commissioner
will be the same as that of the Chief Secretary of the State Government. (S. 15)
Block quote end
Q.24. What are the powers and functions of Information Commissions?
Ans.
1. The Central Information Commission/State Information Commission has
a duty to receive complaints from any
person —
Block quote start
List of 6 items
A. who has not been able to submit an information request because a
PIO has not been appointed;
B. who has been refused information that was requested;
C. who has received no response to his/her information request within
the specified time limits;
D. who thinks the fees charged are unreasonable;
E. who thinks information given is incomplete or false or misleading; and
F. any other matter relating to obtaining information under this law.
list end
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of Civil Court such as —
List of 6 items
A. summoning and enforcing attendance of persons, compelling them to
give oral or written evidence on oath and to produce documents or
things;
B. requiring the discovery and inspection of documents;
C. receiving evidence on affidavit;
D. requisitioning public records or copies from any court or office;
E. issuing summons for examination of witnesses or documents;
F. any other matter which may be prescribed.
list end
4. All records covered by this law (including those covered by
exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the Public
Authority includes—
List of 9 items
A. providing access to information in a particular form;
B. directing the public authority to appoint a PIO/APIO where none exists;
C. publishing information or categories of information;
D. making necessary changes to the practices relating to managemnt,
maintenance and destruction of records;
E. enhancing training provision for officials on RTI;
F. seeking an annual report from the public authority on compliance
with this law;
G. require it to compensate for any loss or other detriment suffered
by the applicant;
H. impose penalties under this law; or
I. reject the application. (S. 18 and S. 19)
list end
Block quote end
Q.25. What is the reporting procedure?
Ans.
1. Central Information Commission will send an annual report to the
Central Government on the implementation of the provisions of this law
at the end of
the year. The State Information Commission will send a report to the
State Government.
Block quote start
2. Each Ministry has a dulty to compile reports from its Public
Authorities and send them to the Central Information Commission or
State Information Commission,
as the case may be.
3. Each report will contain details of number of requests received by
each Public Authority, number of rejections and appeals, particulars
of any disciplinary
action taken, amount of fees and charges collected, etc.
4. Central Government will table the Central Information Commission
report before Parliament after the end of each year. The concerned
State Government
will table the report of the State Information Commission before the
Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S. 25)
Block quote end
Q.26. What are the penalty provisions?
Ans.
Every PIO will be liable for fine of Rs. 250 per day, upto a maximum
of Rs. 25,000/-, for —
List of 6 items
i. not accepting an application;
ii. delaying information release without reasonable cause;
iii. malafidely denying information;
iv. knowingly giving incomplete, incorrect, misleading information;
v. destroying information that has been requested; and
vi. obstructing furnishing of information in any manner.
list end
The Information Commission (IC) at the Centre and the State levels
will have the power to impose this penalty. The Information Commission
can also recommend
disciplinary action for violation of the law against an erring PIO. (S. 20)
Q.27. What is the jurisdiction of courts?
Ans.
Lower Courts are barred from entertaining suits or applications
against any order made under this Act. (S. 23) However, the writ
jurisdiction of the Supreme
Court and High Courts under Articles 32 and 225 of the Constitution
remains unaffected.
Q.28. What is the role of Central/State Governments?
Ans.
1. Develop educational programmes for the public especially
disadvantaged communities on RTI.
Block quote start
2. Encourage Public Authorities to participate in the development and
organization of such programmes.
3. Promote timely dissemination of accurate information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a User Guide for the public in the
respective official language.
6. Publish names, designation, postal addresses and contact details of
PIOs and other information such as notices regarding fees to be paid,
remedies available
in law if request is rejected etc.
(S. 26)
Block quote end
Q.29. Who has the Rule making power?
Ans.
Central Government, State Governments and the Competent Authority as
defined in S. 2(e) are vested with powers to make rules to carry out
the provisions
of the Right to Information Act, 2005. (S. 27 &
S. 28)
Q.30. Who has the power to deal with the difficulties while
implementing this Act?
Ans.
If any difficulty arises in giving effect to the provisions in the
Act, the Central Government may, by Order published in the Official
Gazette, make provisions
necessary/expedient for removing the difficulty.
(S. 30)
[Source: Website of the Ministry of Personnel, Public Grievances and
Pensions and published in CAPJ-October (2nd) 2005]
thanks,
mukesh jain.
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