Features of RTI ACT 2005

Features of RTI ACT 2005

·           Replaced Freedom of Information Act 2002.

·           Jammu and Kashmir has separate Right To Information Act – RTI 2009.

·           RTI relaxes restrictions placed by Official Secrets Act 1923. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act. 

·         31 sections and 6 chapters in the act.

·         Section 8 deals with information exempted under the purview of this act. If the sought information is in public interest then the exemptions enumerated in Section 8 of the RTI Act, 2005 can also be disclosed. 

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 etc.,
• 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.

Record Means

• any document, manuscript on file
• any microfiche and facsimile copy of a document.
• any reproduction of image or images embodied in such micro film whether enlarged or not
• any other material produced by a computer or any other device
• File notings are an integral part of the government file and are subject to disclosure under the Act.

Who is a public authority?

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.
• by notification issued or order made by the Government , and includes any
1. Body owned , controlled or substantially financed
2. Non-Government organization substantially funded directly or indirectly by the Government
3. All private bodies, which are owned, controlled or substantially financed by the Government are directly covered.

Applicant

Any person seeking information should file an application in writing or through electronic means in English or Hindi (or in the official language of the area) along with the application fees with the PIO/APIO (section 6(1)). 

Besides the applicant’s contact details, the applicant is not required to either give any reasons for requesting the information or any other personal details (section 6(2)). 

 A reasonable application fee (Rs 10/- as prescribed by the Central Government, whereas in other states the fee amount may vary.

  No form has been prescribed for filing RTI application or 1st Appeal.

Flow of Information

 In each department, at least one officer has been designated as a public information officer (PIOs). He/She accepts the request forms and provides information sought by the people (section 5(1)). 

·           3 Levels – Public Information Officer, First Appellate Authority, Central Information Commission(CIC).

·           Time period for Public Information Officer : Expeditiously or within 30 days from the date of receipt by public authority.

·         If a PIO fails to furnish the information asked for under the Act or fails to communicate the rejection order, within the time specified, the PIO will be liable to pay a penalty of Rs 250 per day for each day of delay, subject to a maximum of Rs 25,000 (section 20(1)). The information commission can also recommend disciplinary action against the concerned PIO, under the service rules applicable to him/her (section 20(2)).  

·         If the PIO feels that the sought information does not pertain to his department then it shall be his responsibility to forward the application to the related/relevant department within 5 days and also inform the applicant about the same. In such instance, the stipulated time limit for provision of information would be 35 days (u/s 6(3)). 

·         Maximum time gap for 1st appeal : 30 days since limit of supply of information is expired.

 In case a person fails to get a response from the PIO within the prescribed period or is aggrieved by the response received, or misuses Section 8 of the Act, then he/she canfile an appeal within 30 days with an officer superior in rank to the PIO( first appellate authority) (section 19(1)). 

·           Time period for Appellate Authority : Within 30 days or in exceptional cases 45 days from the date of receipt by public authority.

·         If the appellant is not happy with the 1st appeal then he/she can file a 2nd appeal with the State Information Commission or the Central Information Commission within 60 days (u/s 19(3).

·           Maximum time gap for 2nd appeal : 90 days since limit of supply of information is expired.