1. (Page 1 of 7)
RIGHT TO INFORMATION Why?
 Democracy requires an informed citizenry.
 Transparency of information vital to its
functioning.
 To contain corruption.
 Redefine larger framework of Accountability,
Democracy, Ethics and the language of the
Rights.
 Under pins administrative reforms.
 Enables human rights to be realized.
 Harmonize conflicting interests.

2. RIGHT TO INFORMATION
What ?
Setting Practical Regime of RTI for
citizens.
Secure access to information that is
under control of Public Authorities.
Promote Transparency and
Accountability.
Creation of Information Commission(s)

3. PARAMETERS OF GOOD,
PEOPLE ORIENTED
Transparency Law
 Maximum Disclosures
 Reasonable fee
 Effective Mechanism for access to information
 Independent and Non-judicial appellate
mechanism
 Stringent Penalty for defiance
 Suo motu and web based disclosures
 Override personal harm
 Empowerment of citizens

4. COVERAGE
 Comes into effect from 12 October, 2005.
 Covers central, state and local governments,
all bodies owned, controlled or substantially
financed by government;
 Non-government organization substantially
financed, directly or indirectly by funds
provided by the appropriate Govt.

5. COVERAGE (continued)
Covers the executive, judiciary and
legislature
Includes information relating to any
private body which can be accessed
by a public authority under any
other law for the time being in force.

6. INFORMATION
Means any material in any form,
including records, documents, memos,
e-mails, opinions, advice, press releases,
circulars, orders, logbooks, contracts,
reports, papers, samples, models, data
material held in any electronic form.
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7. (Page 2 of 7)
RECORD
Record includes –
 Any document, manuscript and file;
 Any microfilm, microfiche and facsimile copy
of a document;
 Any reproduction of image or images;
embodies in such microfilm (whether enlarged
or not; and
 Any other material produced by a computer
or any other device.

8. 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, records;
*Taking notes, extracts, or certified copies of
documents or records;

9. *Taking certified samples of 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.

10. Discernible Shifts
 Request  Command
 Access to Privilege  Open to Entire
few population
 Opaque and  Transparency, open and
unaccountable accountable system
system  Part of constitutional
guarantees under
 Part of Right to
Fundamental Rules
Freedom of Speech
including Life and
& expression Liberty

11. Shifts
 Legal entitlement  Tool to fight corruption
& Arbitrary use of
power
 Arbitrariness  Ethical & participative
democracy
 From Information  To accountability &
beyond
 Outward (Citizens)
 Flow of communication
Inward (Superiors)

12. Shifts
Records Management
 Storage Driven  Retrieval Driven
 Setting Performance  Compulsory
standards (optional)
 Restrictive Regime  Suo motu Disclosure
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13. (Page 3 of 7)
Critical Linkages
 Improve Records Management
 Computerization
 Put more information suo motu in the Public
Domain
 Demystification of Information
 Contextualize so that its significance is self
evident
 Facilitating easy and relatively safe access for
public

14. Linkages
 Provide quick relief and justice to whistle
blowers
 Improve Decision Making process
 Critically examine the existing operating
procedures including channels of supervision
and accountability
 Develop standards of performance/norms
 Review operating Manuals
 Set up Documentation/Learning Resource
Centers

15. PROCESSES
 Application to be submitted in writing or
electronically, with prescribed fee, to Public
Information Officer (PIO).
 Envisages PIO in each department/agency to
receive requests and provide information.
Assistant PIO at sub district levels to receive
applications/appeals/complaints. Forward to
appropriate PIO. These will be existing
officers.

16. PROCESSES(continued)
Information to be provided within 30
days, 48 hours where life or liberty is
involved, 35 days where request is given
to Assistant PIO, 40 days where third
party is involved and 45 days for
information about human rights
violation from listed security/
intelligence agencies.

17. PROCESSES(continued)
Time taken for calculation of fee
for providing information will be
included in the time limits.
However time from intimation to
requester till deposit of fees
excluded from the time frame.
No action on application for 30
days is a deemed refusal.

18. RESPONSIBILITIES OF PUBLIC
AUTHORITIES
Appointing PIOs/Asstt.PIOs by 22
September, 2005.
Maintaining, cataloguing, indexing,
computerising and networking records.
Publishing within 120 days of enactment
a whole set of information and updating
it periodically.
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19. (Page 4 of 7)
Publishing all relevant facts while
formulating important policies or
announcing the decisions that affect
the public.
Providing reasons for its
administrative or quasi judicial
decisions to affected persons.
Providing information suo motu.

20. Providing information to
Information Commission.
Raising awareness, educating
and training.
Compiling in 18 months and
updating regularly local
language guide to information.

21. Central Information
Commission - Functions
 Information Commission has a duty to receive
complaints from any person-
 who has not been able to submit an information
request because a PIO has not been appointed.
 who has been refused information that was
requested.
 who has received no response to his/her
information request within the specified time limits

22. Functions
Contd….
who thinks the fees charged are
unreasonable.
who thinks the information given is
incomplete or false or misleading.
and any other matter relating to obtaining
information under this law.
CIC may initiate inquiry in the above
situations if there are reasonable grounds
for so doing.

23. Powers
CIC/SIC will have powers of Civil Court such as-
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.

24. Powers
Contd…
Power to secure compliance of its decisions from
the Public Authority includes:
 appointing a PIO where none exists.
 publishing certain information or categories of
information
 making necessary changes to the records
management, maintenance and destruction
procedures of the Public Authority.
 enhancing training provision for officials on
RTI.
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25. (Page 5 of 7)
Powers
contd….
 Seeking an annual report from the
Public Authority on compliance with
this law.
 Require it to compensate for any loss or
other detriment suffered by the
requestor.
 Impose penalties under this law.
 Reject the appeal.

26. Reporting Procedure
 Central Information Commission(CIC) will
send an annual report to the Central
Government on the implementation of the
provisions of this law at the end of the year.
 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.

27. Reporting Procedure
contd…
 Each Ministry has a duty to collect and
provide statistics of its Public
Authorities and send them to the CIC.
 Central Government will table the CIC
report before Parliament after the end
of each year.

28. EXEMPTIONS
 Where disclosure prejudicially affects 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.
 Release of which has been expressly forbidden
by any court of tribunal or may be contempt
of court.

29. EXEMPTIONS (continued)
Where disclosure would cause a breach
of privilege of Parliament or Legislature.
Commercial confidence, trade secrets or
intellectual properly, where disclosure
would harm competitive position, or
become available to a person in his
fiduciary relationship, unless larger
public interest so warrants.

30. EXEMPTIONS (continued)
 Received in confidence from foreign
government.
 Endangers life or physical safety or identifies
confidential source of information or
assistance.
 Impedes the process of investigation or
apprehension.
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31. (Page 6 of 7)
EXEMPTIONS (continued)
 Cabinet papers, including records of
deliberations of the council of ministers,
secretaries and other officers:
* provided that the decisions of council of
ministers, the reasons thereof, and the
material on the basis of which the decision
were taken shall be made public after the
decision has been taken, and the matter is
complete, or over.

32. EXEMPTIONS (continued)
Personal information which would
cause invasion of privacy unless
larger public interest justifies it.
Infringes copyright, except of the
state.

33. EXEMPTIONS (continued)
Where practicable, part of record can be
released.
Intelligence and security agencies
exempt – except for corruption and
human rights violation charges.
Third party information to be released
after giving notice to, and hearing, third
party.

34. EXEMPTIONS (continued)
Most exempt information to be released
after 20 years.
Provided that the information, which
cannot be denied to the Parliament or a
state legislature shall not be denied to
any person.

35. EXEMPTIONS (continued)
Notwithstanding anything in the
Official Secrets Act, 1923 nor any of
the exemptions, a public authority
may allow access to information, if
public interests in disclosure
outweighs the harm to the protected
interests.

36. APPEALS
 First appeal with senior in the Department.
 Second appeal with Information Commission.
 Envisages an independent Information
Commission at the central and state level to be
an appellate authority and to oversee the
functioning of the act. Has various powers
under the act.
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37. (Page 7 of 7)
PENALTIES
 Penalties imposable by Information
Commission on PIO or officer asked to assist
PIO
-for illegitimate refusal to accept application,
malafide denial, knowingly providing false
information, etc fine up to Rs. 25,000;
-recommendation for departmental action for
persistent or serious violations.
 Immunity for actions done in good faith.

38. Suggestions for operationalization
(Implementation & Harmonisation)
National Conference
-To disseminate knowledge of new law
and
to work through implementation and
harmonisation.
Establish an empowered Committee to
look into creating easy to use common
modalities.

39.  Design an inclusive implementation process in
collaboration with multiple stakeholders.
 Develop an Action Plan for implementation
- Identify systems and tools need to be
developed /produced.
- Guidance notes for officials, Process
Manuals, IT Monitoring Systems,
Forms, Template Responses, etc.

40.  Develop participatory Rules and open for full
Public Comment.
 Identify and Train PIOs and appellate
authorities.
 Publish Directory of PIOs and other key
officials
 Review and improve Records Management
 Process Reengineering
 Guidelines on content and methods of
Publication of Proactive Disclosure obligation.

41.  Clarify the application process.
 Develop Training Strategy.
 Clarify responsibility for managing,
monitoring and Interfacing with Information
Commission and nodal agency.
 Set in place application & appeal monitoring
system.
 Design out reach strategy.
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