FACT India

RTI CONCISE

The following Act of Parliament received the assent of the President on the 15th June, 2005, and is hereby published for general information:--
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,...
AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; ...
2. In this Act, unless the context otherwise requires,--

6. "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, acts, reports, papers, samples, models, data material held in any electronic form.

"record" includes--
1. any document, manuscript and file;
2. any microfilm, microfiche and facsimile copy of a document;
3. any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
4. any other material produced by a computer or any other device;

10. "right to information" means the right to information accessible under this Act and includes the right to--
    1. inspection of work, documents, records;
    2. taking notes, extracts or certified copies of documents or records;
    3. taking certified samples of material;
    4. 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;

2. An applicant making request for information shall not be required to give any reason or any other personal details except those that may be necessary for contacting him.
3. Where an application is made to a public authority requesting for an information,--
   1. which is held by another public authority; or
   2. the subject matter of which is more closely connected with the functions of another public authority, the public authority, shall transfer the application, to that other public authority and inform the applicant immediately about such transfer

1. (1) The State Public Information Officer on receipt of a request under section 6 shall, and in any case within thirty days either provide the information or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours.

9. 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...

1. Exemption from disclosure
10. 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 SPIO or the appellate authority, is satisfied that the larger public interest justifies the disclosure of such information
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
2. Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

1. Subject to the provisions of this Act, it shall be the duty of the Information Commission to receive and inquire into a complaint from any person,—
1. who has been unable to submit a request to a Public Information Officer, either by reason that no such officer has been appointed or because the assistant Public Information officer has refused to accept his or her application for information or appeal for forwarding the same to the Public Information Officer or the Information Commission.
2. who has been refused access to any information requested under this Act;
3. who has not been given a response to a request for information or access to information within the time limit specified under this Act;
4. who has been required to pay an amount of fee which he or she considers unreasonable;
5. who believes that he or she has been given incomplete, misleading or false information under this Act; and
6. in respect of any other matter relating to requesting or obtaining access to records under this Act.
2. (2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

1. Any person who, does not receive a decision within the time specified, prefer an appeal

3. A second appeal against the decision under sub-section (1) shall lie within ninety days with the State Information Commission

5. In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the State Public Information Officer, who denied the request.
6. An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days..

8. In its decision, the State Information Commission, has the power to--
1. require the public authority to take any such steps as may be necessary to secure compliance, including--
1. by providing access to information, in a particular form;
2. by appointing a State Public Information Officer;
3. by publishing certain information or categories of information;
4. by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
5. by enhancing the provision of training on the right to information for its officials;
6. by providing it with an annual report in compliance with clause (b) of sub- section (1) of section 4;
2. require the public authority to compensate the complainant for any loss or other detriment suffered;
3. impose any of the penalties provided under this Act;
4. reject the application.

1. Where the State Information Commission, is of the opinion that the SPIO, has refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request or knowingly given incorrect, incomplete or misleading information or destroyed information or obstructed in any manner in furnishing the information, it shall impose a penalty of Rs.250/-each day, however, the total amount of such penalty shall not exceed Rs.25000/-.
2. Where the State Information Commission, is of the opinion that the SPIO, has failed to receive an application for information or has not furnished information , it shall recommend for disciplinary action against the SPIO, under the service rules applicable to him.

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