1. “Right to Information Act, 2005”

2. 7 What is ‘Right to Information’? The Right to Information refers to the right of every citizen of the Country to access information under the control of Public Authorities consistent with public interest.

3. 8 ‘Objective’ The main objective of providing information is not only to promote Openness, Transparency and Accountability in administration but also to ensure Participation of people in all the matters related to Governance.

4. 9 Why ‘Right to Information’ ? It ensures people’s participation : Since most of the governmental works are carried out for the people, people must be involved in the planning process and must know exactly how things are being done. Continued…

5. 10 Continued… To participate in planning process and judgement of whether certain plans and schemes are useful for them or not, people must have sufficient information about the nature of the projects and programmes. This will enable them to give their opinion well in time for required modifications.

6. 11 It ensures Principle of Accountability As ours is a democratic system of governance, people have a right to know what the government is doing. This right to information will ensure that people can hold public bodies accountable on a regular basis.

7. 12 It ensures Transparency There should be complete transparency in all public dealings. This will bring about a more careful utilization and application of funds. Transparency will also help people to hold the officials accountable for their mishandling of public time and money.

8. 13 It protects the Civil Liberties The right to information is essential for protecting liberties of citizens by making it easier for civil society groups to monitor wrongdoings like ‘custodial deaths’ and the abuse of ‘preventive detention legislation’.

9. 14 RTI is for Effective and Proper Implementation of Govt. Schemes Some times people do not know about the existence of these schemes, even if they know they do not know their entitlements under the scheme. By providing entire information on these schemes to the public RTI Act would make the administration more accountable.

10. 15 It makes Media more Effective ‘ The Media’ provides a link between the Citizens and Government. Balanced reporting becomes difficult for media when denied the primary sources of information. In absence of exact information they provide biased news, suppressing or distorting information.

11. 16 What is ‘Right to Information Act, (15 th June) 2005’ ? This is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

12. 17 ‘Title, Extent and Commencement’ Section 1: Sub sec (1):– This act may be called the Right to Information Act, 2005. Section 1: Sub section (2) :– It extends to the whole of India (except Jammu & Kashmir).

13. 18 Title, Extent & Commencement Section 1: Sub section (3):– The Provisions of sub-section (1) of section 4, sub-sections (1) & (2) of section 5, and sections 12, 13, 15, 16, 24, 27 and 28 shall come into force on the 120 th day of its enactment.

14. 19 Definitions (Section 2) Section 2:(a):---‘ Appropriate Government’ means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly ---

15. 20 Definitions (Section 2) Section 2 : (a) (i) :--By the “Central Govt. or Union territory administration” – the Act means-- The Central Government. Section 2 : (a) (ii) :--By the “State Government” – means– The State Government concerned.

16. 21 “Central Information Commission” Section 2 :(b) :-- “Central Information Commission” means the same constituted under sub-section (1) of section 12. ( C. I. C. ) Section 2 : (c) :-- “Central Public Information Officer” means the same designated under sub-sec (1) and includes a Central Assistant Public Information Officer designated as such. ( C. P. I. O. ).

17. 22 Contd.. Section 2 : (d) : “Chief Information Commissioner” and “Information Commissioner” means the-- “Chief Information Commissioner” and “Information Commissioner” appointed under sub section (3) of section 12.

18. 23 Contd.. Section 2 : (e) : “Competent Authority” means-- The Speaker in the cases of Loksabha or Bidhansabha. The Chief Justices in the cases of the Supreme Court or High Court.

19. 24 Contd.. ‘The President’ or ‘the Governor’, as the case may be, in the case of other authorities established or constituted by or under the Constitution. The Administrator appointed under the section 239 of Constitution.

20. 25 Contd.. Section 2 : (f) : -- “ Information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples and also---

21. 26 Contd.. plan / 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.

22. 27 Contd.. Section 2 : (g) : “Prescribed” means prescribed by rules made under this act by the appellate Government or the Competent authority, as the case may be.

23. 28 Definitions (Section 2) Section 2 : (h) :--‘Public authority’ means ‘Any Authority’ or ‘Body’ or ‘Institution of Self Government’ established or constituted-- By or under the Constitution, By any other law made by Parliament, By any other law made by State Legislature.

24. 29 Definitions, contd… By notification issued or Order made by the appropriate government, And includes any– Body Owned, Controlled or Substantially Financed by or NGO substantially Financed by the Appropriate Government.

25. 30 Definitions (Section 2) Sec 2 : (i) :-- ‘Record’ includes  Any document, manuscript and file. Any microfilm or fascimile copy of a document. Any reproduction of image or images embodied in such microfilm. Any other material produced by a computer or any other device.

26. 31 Definitions (Section 2) Section 2 : (j):- ‘Right to information’ means 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-- Inspection of work, documents and records. Taking notes, extracts or certified copies of documents or records. And--

27. 32 Definitions (Section 2) Taking certified samples of some material, 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.

28. 33 Some Definitions Section 2 : (k) ‘State Information Commission’ means the State Information Commission constituted under sub section (1) of section 15 of the RTI Act 2005. Section 2 : (L)‘State Chief Information Commissioner’ and ‘State Information Commissioner’ means the same as appointed under sub section (3) of section 15 of the RTI Act 2005.

29. 34 Definitions (Section 2.m) Section 2 : (m)‘‘State Public Information Officer’’ or ‘SPIO’ means the same designated under sub- section (1) and includes a ‘‘State Assistant Public Information Officer’’ or ‘SAPIO’ designated as such under sub section (2) of Section 5 of the RTI Act 2005.

30. 35 Definitions (Section 2.n) Section 2 : (n) : And the term ‘Third Party’ means a person other than the citizen making a request for information and that also includes a public authority.

31. 36 Obligations of ‘Public Authorities’ Section 3 :- Subject to the provisions of this Act, all citizens shall have the right to information. Hence:- Section 4 : (1) a. :- Every Public Authority shall— Maintain all its records duly catalogued and indexed in such manner and form which facilitates the right to information under this Act. Continued…

32. 37 Every ‘Public Authority’ shall— Section 4 : (1) a…. Ensure that all records that are appropriate to be computerised, are “within a reasonable time” and “subject to availability of resources”, Computerised and connected through a network all over the country on different systems so that access to such records is facilitated.

33. 38 Every ‘Public Authority’ shall— Section 4:(1).(b):- Publish within 120 days from the enactment of this act--- (i) The particulars of its organisations, functions and duties. (ii) The powers and duties of its officers and employees.

34. 39 Every ‘Public Authority’ shall publish--- Contd… Section 4 :(1).(b):- (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, held by it under its control or used by its employees for discharging its functions.

35. Every ‘Public Authority’ shall publish-- Contd… Section 4:(1).(b):- (vi) A statement of the categories of documents that are held by it or under its control. (vii) The particulars of any arrangement that exists for consultation with, the members of public in relation to formulation of its policy or implementation thereof.

36. Every ‘Public Authority’ shall publish--- Contd… Section 4:(1).(b):- (viii) : A statement of the boards, councils, committees and other bodies consisting of two or more persons, and as to whether meetings of those are open to the public, or the minutes are accessible to public.

37. 42 Every ‘Public Authority’ shall publish--- Contd… Section 4:(1).(b):- (ix) A directory of its Officers and Employees, (x)The monthly remuneration received by each of its Officers and Employees, (xi) The budget allocated to each of its agency, indicating all plan particulars, proposed expenditures and reports of disbursements made.

38. 43 Every ‘Public Authority’ shall publish--- Contd… Section 4:(1).(b):- (xii) The manner of execution of subsidiary programmes, including the amounts allocated and the beneficiary details. (xiii) Particulars of recipients of concessions, permits or authorisations granted by it.

39. 44 Every ‘Public Authority’ shall publish--- Contd… Section 4:(1).(b):- (xiv) Details in respect 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 maintained for public use.

40. 45 Every ‘Public Authority’ shall publish--- Contd… Section 4:(1).(b):- (xvi) The names, designations and other particulars of Public Information Officers. (xvii) Such other information as may be prescribed and thereafter update these publications every year.

41. 46 Every Public Authority shall---- Section 4 : (1) (c) : Publish all relevant facts while formulating important policies or announcing the decisions which affect public. Section 4 : (1) (d) : Provide reasons for its administrative or quasi-judicial decisions to affected persons.`

42. 47 Section 4, sub-section (2) Every Public Authority shall constantly endeavour to take steps in accordance with the requirements of clause (b) of sub-sec (1) to provide as much information suo motu to the public at regular intervals through various means of communication including internet, so that the public have minimum resort to the use of this Act to obtain information.

43. 48 Section 4: sub-section (3): For the purpose of sub-section (1), each & every information shall be ‘disseminated’ widely and in such form and manner which is easily accessible to the public. ‘Disseminated’ means ‘making known’ or communicated to the public through notice boards, newspapers, broadcasts, via Internet, public announcements etc.

44. 49 Section 4: sub-section (4): All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the C P I O or S P I O as the case may be.

45. 50 Designation of Public Information Officers Section 5 : sub section (1):- Every public authority shall, within 100 days of the enactment of this Act, designate as many officers as the C PIO or ‘S P I O’ (State Public Information Officers), as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons.

46. Section 5 : sub section (2) Section 5 : sub section (2):- Without prejudice to the provisions of sub- section(1), every public authority shall designate an officer, within 120 days, at each sub district level or other sub district level, as a State Assistant P I O, ( 5 days more shall be added to the 30 days allowed for response by him/her )

47. Section 5 : sub section (3) Section 5 : sub section (3):- Every CPIO or SPIO, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons, seeking such information.

48. Section 5 : sub section (4) Section 5 : sub section (4):- The C P I O or S P I O, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

49. Section 5 : sub section (5) Any officer, whose assistance has been sought under sub section (4), shall render all assistance to the C P I O or S P I O, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a CPIO or SPIO, as the case may be.

50. 55 Section 6 : sub-section (1): How to Request for obtaining information ? A person who desires to obtain any information under this Act shall make a request in writing or through electronic means in English or Hindi or in the Official Language of the area in which the application shall be accompanied by may be prescribed to the SPIO/SAPIO or CPIO/CAPIO of the concerned public authority.

51. 56 Section 6 : sub-section (1) contd.. Provided that where such request cannot be made in writing, the CPIO or the SPIO, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

52. 57 Section 6 : sub-section (2): An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him/her.

53. 58 Section 6 : sub-section (3): Where an application is made to a public authority requesting for an information-- which is held by another public authority:- The public authority, to which such application is made, shall transfer the application or such part of it to the other authority and must inform immediately.

54. 59 Section 7: sub section (1) : Disposal of request The CPIO or SPIO shall, on receipt of a request, 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 sections 8 and 9. contd..

55. 60 Section 7: sub section (1) : Disposal of request Contd…. Provided that, where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight (48) hours of the receipt of the valid request.

56. 61 Section 7 : sub-section (2) Disposal of request If the CPIO or SPIO fails to give decision on the request for information within the period specified under sub-section(1), the CPIO or SPIO, as the case may be, shall be deemed to have refused the request.

57. 62 Section 7 : sub-section (3) Disposal of request Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the CPIO or SPIO shall send an intimation to the person making the request for information, giving--- contd…

58. 63 Section 7 : sub-section (3) Disposal of request Contd… (a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations to arrive at the amount in accordance with the fee prescribed under sub section-(1).

59. 64 Section 7 : sub-section (3) Disposal of request Contd… giving-- (b) information concerning his or her right with respect to reviewthe decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

60. 65 Section 7 : sub-section (4) Disposal of request Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the CPIO or SPIO, as the case may be, shall provide assistance to enable access to information, including providing such assistance as may be appropriate.

61. 66 Section 7 : sub-section (5) Disposal of request Where access to information is to be provided in the printed of in any electronic format, the applicant shall, subject to the provisions of sub- section (6), pay such fee as may be prescribed.

62. 67 Section 7 : sub-section (6) Disposal of request Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

63. 68 Section 7 : sub-section (7) Disposal of request Before taking any decision under sub section (1), the CPIO or SPIO, as the case may be, shall take into consideration the representation made by a third party under section 11.

64. 69 Section 7 : sub-section (8) Disposal of request Wherever a request has been rejected under sub-section (1), the CPIO or SPIO, as the case may be, shall communicate to the person making the request,--1. The reasons for such rejection. 2. The period within which an appeal against such rejection may be preferred. 3. The particulars of the appellate authority.

65. 70 Section 7 : sub-section (9) Disposal of request An information shall ordinarily be provided 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.

66. 71 Section 8: sub section (1): Exemption from Disclosure of information Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,--- (a) 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; --Contd..

67. 72 Section 8: sub section (1): Exemption from Disclosure of information (b) 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; (c) information, the disclosure of which cause a breach of privilege of Parliament or the State Legislature; ---Contd…

68. 73 Section 8: sub section (1): Exemption from Disclosure of information (d) 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 informtion; ---Contd…

69. 74 Section 8: sub section (1): Exemption from Disclosure of information (e) 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; ---Contd…

70. 75 Section 8: sub section (1): Exemption from Disclosure of information (f) information received in confidence from foreign Government; (g) 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.Contd…

71. 76 Section 8: sub section (1): Exemption from Disclosure of information (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; contd…

72. 77 Section 8: sub section (1): Exemption from Disclosure of information (j) 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 unless the CPIO or SPIO or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.Contd…

73. 78 Section 8: sub section (2): Exemption from disclosure of information Sub-section (2): Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub sec (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

74. 79 Section 8: sub section (3): Exemption from disclosure of information Sub-section (3): Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:contd..

75. 80 Section 8: sub section (3): Exemption from disclosure of information Contd… Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

76. 81 Section 9: Grounds for Rejection to access in Certain Cases Without prejudice to the provisions of section 8, a CPIO or a SPIO, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

77. 82 Section 10 : sub section (1): Severability Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, access may be provided to that part of the record which does not contain any information which is exempt from disclosure and can reasonably be severed from any part that contains exempt information.

78. 83 Section 10 : sub section (2): Severability Where access is granted to a part of the record under sub section (1), the CPIO or the SPIO, as the case may be, shall give a notice to the applicant, informing--- (a) : that only part of the record requested, after severence of the record containing information which is exempt from disclosure, is being provided;--Contd…

79. 84 Section 10 : sub section (2): Severability (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 and the amount of fees required to be deposited. Contd…

80. 85 Section 10 : sub section (2): Severability (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, including the particulars of the senior officer specified under sub section (1) of section 19 or the C I C or the State Information Commission, as the case may be, time limit, process and any other form of access.

81. Section 11: ‘ Third party information’ Sub Section (1): Where a CPIO or a SPIO, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party,

82. Section 11: ‘ Third party information’ Sub Section (1) contd…. the CPIO or SPIO, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the CPIO or SPIO, as the case may be, intends to disclose the information or

83. Section 11: ‘Third party information’ Sub Section (1) contd…. record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information.

84. Section 11: ‘ Third party information’ Sub Section (2): Where a notice is served by the CPIO or SPIO, as the case may be, under sub sec (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

85. Section 11: ‘Third party information’ Sub Section (3): Notwithstanding anything contained in section 7, the CPIO or SPIO, as the case may be, shall, within 40(forty) days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision--

86. Section 11: ‘Third party information’ Sub Section (3): contd… --as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. Sub Section (4): A notice given under sub section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

87. 92 The State Information Commission Section 15 : sub section (2): Constitution: a)The “State Chief Information Commissioner” ( S C I C ), and b)Such number of “State Information Commissioners” (S I Cs) not exceeding ten (10) as may be deemed necessary.

88. 93 The State Information Commission Section 15 : sub section (3): Appointment of SCIC and SICs: a)Appointed by the Governor on the recommendation of a committee consisting of 1.The Chief Minister, ( Chairperson ). 2.The Leader of Opposition, (of the Legislative Assembly), and -- 3. A Cabinet Minister to be nominated by C.M.

89. 94 Term of office & conditions of service of ‘SCIC & SIC’s Section 16 : The ‘S. C. I. C.’ or ‘State Chief Information Commissioner’ shall hold office for a term of five years or till attainment of 65 years. Every 'State Information Commissioners also hold office for a term of five years or till attainment of 65 years.

90. 95 Term of office & conditions of service of ‘SCIC & SIC’s (S-16) The SCIC is not eligible for re appointment and the SICs are also not eligible for re- appointment as SICs save appointment as State Chief Information Commissioner. Where the SIC is appointed as SCIC, his term of office shall not exceed five years in aggregate as the SIC and the SCIC.

91. 96 Salaries and Allowances payable & terms and conditions of Service of ‘SCIC’ & ‘SIC’ Section 16 : sub section (5) :-- The State Chief Information Commissioner shall be the same as that of an Election Commissioner ; The State Information Commissioner shall be the same as that of the Chief Secretary to the State Government.

92. 97 Section-17: Removal from Office Sub Section (1):- The “State Chief Information Commissioner” shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity, after the Supreme Court, on a reference made to it by the Governor, has on enquiry, reported that the SCIC or a SIC, ought on such ground be removed.

93. 98 Section-17: Removal from Office Sub Section (2):- The Governor may suspend from office, the SCIC or a SIC, in respect of whom a reference has been made to the Supreme Court, until the Governor has passed orders on receipt of the Supreme Court on such reference.

94. 99 Removal from Office [(S-17:(3):] The Governor may by order remove from office the SCIC or SIC if the SCIC or SIC a)Is adjudged an insolvent; or b)Has been convicted of an offence which involved moral turpitude; or c)Engages during his term of office in any paid employment outside the duties of his office; or

95. 100 Removal from Office Section-17: sub section (3) d) Is unfit to continue in office by reason of infirmity of mind or body; or e) Has acquired such financial or other interest as is likely to affect prejudicially his functions as the SCIC or a SIC.

96. 101 Section 18 : Powers and functions of the Information Commissions It shall be the duty of the State Information Commission to receive and inquire into complaints regarding supply of information. Where the SIC is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry thereof.

97. 102 Section 18 : Powers and functions of the Information Commissions While inquiring into any matter under this section, the SIC shall have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure,1908 The SIC may examine any record to which this Act applies which is under the control of public authority, and no such record may be withheld from it on any grounds.

98. Section 19 : Appeal Sub Section (1): Any person who, does not receive a deceive a decision within the time specified in sub-section(1) or clause (a) of sub section (3) of section 7, or is aggrieved by a decision of the CPIO or SPIO, as the case may be, may within 30(thirty) days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer

99. Section 19 : Appeal Sub Section (1): contd… who is senior in rank to the CPIO or SPIO as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

100. Section 19 : Appeal Sub Section (2): Where an appeal is preferred against an order made by a CPIO or a SPIO, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days form the date of the order.

101. Section 19 : Appeal Sub Section (3): A second appeal against the decision under sub section (1) shall lie within 90 (Ninety) days from the date on which the decision should have been made or was actually received, with the CPIO or the SPIO: Provided that the appellant was prevented by sufficient cause from filing the appeal in time.

102. Section 19 : Appeal Sub Section (4): If the decision of the CPIO or SPIO, as the case may be, against which an appeal is preferred relates to information of a third party, the CPIO or SPIO, as the case may be, shall give a reasonable opportunity of being heard to that third party.

103. Section 19 : Appeal Sub Section (5):In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the CPIO or SPIO, as the case may be, who denied the request. Sub Section (6): An appeal sub-section (1) or sub-section (2) shall be disposed of within 30(thirty) days of the receipt of the appeal or within such extended period not exceeding a total of 45(forty five) days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

104. Section 19 : Appeal Sub section (7): The decision of the C I C or SIC, as the case may be, shall be binding. Sub section (8): In its decision, the C I C or SIC, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including---

105. Section 19 : Appeal Sub section (8): (a)-(i) by providing access to information, if so requested, in a particular form; –(ii) by appointing a C P I O or S P I O, as the case may be; –(iii) by publishing certain information or categories of information;

106. Section 19 : Appeal: sub section (8) (a) : -(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; -(v) by enhancing the provision of training on the right to information for its officials; -(vi) by providing it with an annual report in compliance with clause (b) of sub section (1) of section 4;

107. Section 19 : Appeal (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c.) impose any of the penalties provided under this Act; (d) reject the application.

108. Section 19 : Appeal Sub section (9): The C I C or S I C, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. Sub section (10): The C I C or S I C, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

109. 114 Section 20 : Penalties Sub Section (1) : Where the State Information Commission at the time of deciding any complaint or appeal is of the opinion that the SPIO has without any reasonable cause refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect,

110. 115 Section 20 : Penalties, contd… Sub Section (1) Contd: Incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of Rs. 250 each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed Rs 25000.

111. 116 Section 20 : Penalties, contd… Sub Section (1) Contd… Provided that the SPIO shall be given a reasonable opportunity of being heard before any penalty is imposed on him. Provided further that the burden of proving that he acted reasonably and diligently shall be on the SPIO.

112. 117 Section 20 : Penalties, contd… Sub Section (2): Where the C I C or the S I C, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the CPIO or the SPIO, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information;

113. 118 Section 20 : Penalties, contd… Sub Section (2): contd… or has not furnished information within the time specified under sub section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or

114. 119 Section 20 : Penalties, contd… Sub Section (2): contd… obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the C P I O or the S P I O, as the case may be, under the service rules applicable to him.

115. 120 Section 20 : Penalties, contd… incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the SPIO under the service rules applicable to him.

116. Section 21: protection of action taken in Good Faith No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

117. Section 22 : Act to have Over-riding Effect The Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

118. 123 Section 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.

119. 124 Section -24 : Act not to apply to certain Organisations Sub section (1): Nothing contained in this act shall apply to the intelligence and security organisations specified in the Second Schedule appended to this Act, provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.

120. ‘The Second Schedule’: RTI Act not to apply to these organisations: 1.Intelligence Bureau, 2.R A W of the Cabinet Secretariat, 3.Revenue Intelligence, 4.Central Economic Intelligence Bureau, 5.Directorate of Enforcement, 6.Narcotics Control Bureau, 7.Aviation Research Centre,

121. ‘The Second Schedule’: RTI Act not to apply to these organisations: 8. Special Frontier Force, 9. BSF, 10. CRPF, 11. ITBP, 12. CISF, 13. NSG, 14.Assam Rifles, 15. SSB, 16. Special Branch (CID),Andaman & Nicobar. 17.The Crime Branch (C I D), Crime Branch ( Dadra & Nagar Haveli) 18. Special Branch (Lakshadwip Police).

122. Section -24 : Act not to apply to certain Organisations Sub Section (2): The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by the Government or omitting therefrom any organisation.

123. Section -24 : Act not to apply to certain Organisations Sub Section (3): Every notification issued under sub section (2) shall be laid before each House of Parliament. Sub Section (4): Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as may be specified from time to time.

124. Section -24 : Act not to apply to certain Organisations Sub Section (4): contd… Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub section: in that case information shall only be provided after, contd…

125. Section -24 : Act not to apply to certain Organisations Sub Section (4): contd… ------approval of the S I C and, notwithstanding anything contained in Section 7 such information shall be provided within 45 (forty five) days from the date of the receipt of request.

126. 131 The West Bengal Right to Information Rules, 2006. Some Definitions: Act’ means: Right to information Act,2005 ‘Commission’ means the West Bengal Information Commission. ‘Registrar’ means the Registrar of the W B Information Commission. ‘Section’ means the section of the Act.

127. 132 3. Application Fee An application containing a request in writing to the State Public Information Officer or the State Assistant Public Information Officer, as the case may be made under sub section (1) of Section 6 for obtaining information, shall be accompanied with a court-fee of Rs 10 (TEN).

128. 133 4. Fee for providing information The State P.I.O.or the State Assistant PIO shall provide information upon receipt of a request on payment of a fee of -- a)Rs 2 for each page (A4 or A3) created or copied. b)Actual charge for a copy in large sized paper.

129. 134 4. Fee for providing information c) Actual cost price for sample or model. d) Rs 5 for each 15 minutes or fraction thereof for inspection of records. e) Rs 50 per diskette or floppy for information provided in the diskette or floppy. f) Actual charge fixed for publication or Rs 2 per page of Photocopy for information provided in printed form.

130. 135 5. Contents of Appeal to Commission An appeal to the commission shall contain a)Name and address of the Applicant. b)Name and address of the SPIO or SAPIO who passed the order. c)Particulars of the Order against which the appeal is made including its number and date.

131. 136 Contd… d) Brief facts of the case, e) Prayer or relief sought by the appellant. f) Grounds for such prayer or relief, & g) Verification by the applicant. h) The attested true copy of the order against which the appeal is being preferred i)The copies of documents relied upon by the appellant. j) An index of the documents referred to.

132. 137 Procedure in deciding appeal to Commission In deciding the appeal the Commission shall--- a)Hear, oral or written, evidence on oath or on affidavit from the concerned or interested person. b)Peruse or inspect documents, public records or copies thereof. c)Enquire through the authorised officer for further details or facts.

133. 138 Contd… d) Hear the SPIO or SAPIO who decided the first appeal. e) Hear the third party, if required. f) Received evidence on affidavits from SPIO or SAPIO who decided the first appeal or from the third party.

134. 139 Frequently Asked Questions: Can govt. officers get access to their ACRs or SARs under RTI act? This is an area that requires clarifications from the government. Ordinarily ACRs are secret documents, but if the senior officer records an adverse remark against an officer the same must be communicated to such officer.

135. 140 Is it enough to disseminate information u/s 4 on the Net? Proactive disclosure of information could be made possible through various print and elecronic means.Certain categories of information such as name and designations of Officers, may be put up on notice boards. Information regarding beneficiaries of various schemes may be published from time to time in leading newspapers.

136. 141 What will be the penalty if a department is not able to meet the deadline for proactive disclosure (120 days) ? There is no penalty for not meeting this deadline. But it is advisable to publish as much information as possible within the deadline. The public information directories and the websites may be refined and updated later.

137. 142 About ‘Size and Number of Requests for information The Act does not permit rejection of an Application simply because it relates to a large number of documents. If a large number of records are involved, the PIO can contact the requestor and clarify the request to see if they can reach a mediated solution

138. 143 About Size and Number of Requests for information ---that will give the requestor what he wants without unnecessarily burdening the PIO. This recognises that in some cases, at least, a broad application may be submitted simply because the requestor was not sure what was available.

139. 144 Single Request : requires response from various departments:-- The R T I Act makes it clear that the PIO has the power to transfer an application or parts of it, relating to other public authorities, The PIO is not responsible for collecting information from other public authorities. It is better to transfer the application and inform the applicant, in writing, immediately.

140. 145 Preventing misuse / tampering of documents after supply The Government will have to devise a means of authenticating documents released under the R T I Act. One suggestion is to mark every page of the document with a rubber stamp impression saying “Document Released under the RTI Act contains x pages”.

141. 146 Contd… For electronic files,.pdf or.tif format on Floppies or CDs may be used. This will also obviate the need for certifying the documents separately if the requester wishes to use the same in some litigation.

142. 147 Responsibilities of A P I O. The APIO has only two responsibilities under the R T I Act:-- 1.Receive applications and forward them to the concerned P I O within 5 days. 2.Receive appeals and forward them to the appellate authority or information commission( as indicated in the appeal letter) within 5 days.

143. 148 Contd… An A P I O is liable for penalty if he / she refuses to receive applications or appeals or does not forward them to the appropriate authorities within the 5 day deadline.

144. 149 P I O on tour : will his absence amount to refusal ?… The best solution is to authorise a subordinate / colleague within the same public authority to receive applications and put this in writing for the sake of avoiding confusion in his/ her absence. This protects the P I O against possible delays.

145. 150 Gram Pradhan illiterate : how he/she would respond to RTI requests? In this case, he/ she may take the assistance of the Secretary of the Panchayat or the Executive Assistant for providing the requested information to the applicant.

146. 151 Additional fee not paid within 30 days deadline by applicant : The PIO will not invite any penalty in such cases. The 30 day clock stops ticking from the date of despatching the intimation order issued by the P I O and restarts on the date on which the applicant pays the additional fee.

147. 152 Request for ‘live’ or ‘current file’ Aspects of the file, which are pending decision, need not be disclosed, until the matter is complete. But if there is factual information attached to that file, whose disclosure will not affect decision making, then such information can be disclosed, under the provision for partial access.

148. 153 Will the APIO will be Penalised for giving wrong information?… The APIO is not duty bound to give information to the applicant. However if the information sought is under his/her control, then, the same may be given.

149. 154 Supplied information false: but PIO did not create that record. If the requested record has not been prepared by the PIO, but by some other officer, or if the data compiled by the PIO was received from other officer, and the PIO merely passed on the information to the applicant, without having prior knowledge that such fact was wrong or false; he/she is not guilty under the RTI Act.

150. 155 Regarding NGO information The R T I Act covers all Non Government/ Private Bodies that are controlled or substantially financed directly or indirectly by the Governments. But Govt. is not responsible to ensure that such NGOs etc. comply with the provisions of this Act. Contd…

151. 156 Contd.. It is advisable to make a list of all such organisations. A communication may be sent drawing their attention to the obligations under the RTI Act.

152. 157 Format for application To the Public Information Officer, (Designation and Address). 1.Name of the Applicant--- 2.Address--- 3.Particulars of Information (in brief)-- a)Subject / area— b)Category of document, if published— Contd…

153. 158 Contd.. c) Specific periods for which the information is required---- d) The language in which it is required--- e) To be posted or will be collected--- f) Application fee accompanied -- Yes / No. Place & DateSignature

154. 159 Disposal Structure of Information Enquiry ( at State Level) INFORMATION SEEKER.  ASST. PUBLIC INFORMATION OFFICER  PUBLIC INFORMATION OFFICER  FIRST APPELLATE AUTHORITY

155. 160 Disposal Structure of Information Enquiry (at State Level) FIRST APPELLATE AUTHORITY  PUBLIC AUTHORITY  STATE INFORMATION COMMISSION

156. Getting Set The Public Information Officer is the most important functionary in the scheme of things. The total responsibility of the success of the Right to Information Act rests on him. Within 100 days of the enactment of the Act, the PIOs have to be placed into all Public Authorities.

157. The PIOs should be ready with-1. Information Available electronically. Information pro-actively published by he public authority. Full details of the Organisation. The details of the Appellate Authorities. The contact details of the other PIO/APIOs. Proforma of the receipt of the Application.

158. The PIOs should be ready with-2. The forms for receipt of fees and Acknowledgement. Proper seating arrangements for easy accessiblity. Register for receipt, acknowledgements- separately for inward and outward and roznama.

159. The PIOs should be ready with-3. Checklist for monitoring the pendency, disposal of applications. Identify place for inspection of records / taking samples. Fix a day in the week for the above. Ready with the contingency plan.

160. Procedure and Steps involved Procedure to be followed by the information officer right from the state of receipt of application for information till the disposal involves a number of steps. The time stipulated for completing these steps are--- 30 days ---for providing information or for rejection or for providing partial fact / organize inspection of the material / sample. Contd…

161. Procedure and Steps involved Contd…. 35 days --- from the time of application is received by the Asst PIO and finally disposed off. 40 days --- if a third party is involved.

162. Procedural Channel is… [(1)- 1.PIO receives application along with the application fee. 2.PIO sctrutinizes the application received and the fees. 3.If required he renders reasonable assistance to the applicant by reducing the oral request to a written one. 4.Issues acknowledgement / receipt to the applicant.

163. Procedural Channel is… [(2)- 5. Transfers the application / part of it to another public authority. 6. Informs the applicant about such transfers. 7. Makes necessary entries in the Special Register. 8. Considers the representations of the third party, if any.

164. Procedural Channel is… [(3)- 9. In case of rejections, conveys reason for it, the period within which the appeal may be preferred and the details of the Appellate Authority. 10. Communicates to the applicant the fee amount to be paid along with its calculations. 11. Also intimates the right of the applicant for review of the fees charged.

165. Procedural Channel is… [(4)- 12. Wherever required provides assistance for inspection of the material. 13. Waives fees for citizens below ‘Poverty Line’ / information given beyond the estimated time period. 14. Retains record on each application, updates records etc.

166. The PIO also constantly keeps in view that --[1] The information which cannot be denied to the Parliament or the State Legislature should not be denied to any citizen. Notwithstanding the exemptions permissible under the Act, access to information is allowed, if public interest in disclosure in disclosure outweighs the harm to the protected interest.

167. The PIO also constantly keeps in view that --[2] Right to Information Act, 2005 over rides the Official Secrets Act, 1923. Any material relating to occurrence, event or matter, which has taken place, occurred or happened upto 20(twenty) years before the date of application has to be provided to the applicant. Access to information should not invite an infringement of copyright subsisting in a person other than the State.

168. Format of application seeking information To the Public Information Officer (Designation and Address) 1.Name of the Applicant 2.Address 3.Particulars of Information ( in Brief ) a. Subject/ area. b. Category of document, if published. Continued….

169. Format of application seeking information / contd… c. Specific periods for which the information is required. d. The language in which it is required. e. To be posted or will be collected. f. Application fee acompanied : Yes/No. Place DateSignature