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Article #112: Right To Information

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RIGHT TO INFORMATION findings on any material question of
The Right to Information Act, 2005 has fact, referring to the material on which
been enacted to provide for setting out those findings were based;c. the name and
the practical regime of right to designation of the person giving the
information for citizens to secure access decision;d. the details of the fees
to information under the control of calculated by him or her and the amount
public authorities, in order to promote of fee which the applicant is required to
transparency and accountability in the deposit; ande. his or her rights with
working of every public authority, the respect to review of the decision
constitution of a Central Information regarding non-disclosure of part of the
Commission and State Information information, the amount of fee charged or
Commissions and for matters connected the form of access provided.f. If
therewith or incidental thereto. information sought has been supplied by
INFORMATION third party or is treated as confidential
The Act defines information means any by that third party, the PIO shall give a
material in any form including records, written notice to the third party within
documents, memos, e-mails, opinions, 5 days from the receipt of the request
advices, press releases, circulars, and take its representation into
orders, logbooks, contracts, reports, consideration.
papers, samples, models, data material Third party must be given a chance to
held in any electronic form and make a representation before the PIO
information relating to any private body within 10 days from the date of receipt
which can be accessed by a public of such notice.
authority under any other law for the INFORMATION NOT OPEN TO DISCLOSURE
time being in force but does not include The following is exempt from disclosurei.
"file notings". information, disclosure of which would
PUBLIC AUTHORITY prejudicially affect the sovereignty and
It means any authority or body or integrity of India, the security,
institution of self-government strategic, scientific or economic
established or constituted: interests of the State, relation with
" by or under the Constitution; foreign State or lead to incitement of an
" by any other law made by Parliament; offenceii. information which has been
" by any other law made by State expressly forbidden to be published by
Legislature; any court of law or tribunal or the
" by notification issued or order made by disclosure of which may constitute
the appropriate Government and includes contempt of court;iii. information, the
any-a. body owned, controlled or disclosure of which would cause a breach
substantially financedb. non-Government of privilege of Parliament or the State
organization substantially financed Legislature;iv. information including
directly or indirectly by the appropriate commercial confidence, trade secrets or
Government. intellectual property, the disclosure of
RIGHT TO INFORMATION which would harm the competitive position
A right to information means and includes of a third party, unless the competent
the right to -i. inspect works, authority is satisfied that larger public
documents, records.ii. take notes, interest warrants the disclosure of such
extracts or certified copies of documents information;v. information available to a
or records.iii. take certified samples of person in his fiduciary relationship,
material.obtain information in form of unless the competent authority is
printouts, diskettes, floppies, tapes, satisfied that the larger public interest
video cassettes or in any other warrants the disclosure of such
electronic mode or through printouts. information;vi. information received in
PUBLIC INFORMATION OFFICERS (PIOS) confidence from foreign Government;vii.
PIOs are officers designated by the information, the disclosure of which
public authorities in all administrative would endanger the life or physical
units or offices under it to provide safety of any person or identify the
information to the citizens requesting source of information or assistance given
for information under the Act. Any in confidence for law enforcement or
officer, whose assistance has been sought security purposes;viii. information which
by the PIO for the proper discharge of would impede the process of investigation
his or her duties, shall render all or apprehension or prosecution of
assistance and for the purpose of offenders;ix. cabinet papers including
contraventions of the provisions of this records of deliberations of the Council
Act, such other officer shall be treated of Ministers, Secretaries and other
as a PIO. officers;x. information which relates to
DUTIES/ OBLIGATIONS OF PUBLIC AUTHORITY personal information the disclosure of
OBLIGATIONS OF PUBLIC AUTHORITY which has no relationship to any public
It shall publish within one hundred and activity or interest, or which would
twenty (120) days of the enactment:-i. cause unwarranted invasion of the privacy
the particulars of its organization, of the individual;xi. Notwithstanding any
functions and duties;ii. the powers and of the exemptions listed above, a public
duties of its officers and employees;iii. authority may allow access to
the procedure followed in its decision information, if public interest in
making process, including channels of disclosure outweighs the harm to the
supervision and accountability;iv. the protected interests.
norms set by it for the discharge of its INFORMATION OPEN TO PARTIAL DISCLOSURE
functions;v. the rules, regulations, Only that part of the record which does
instructions, manuals and records used by not contain any information which is
its employees for discharging its exempt from disclosure and which can
functions;vi. a statement of the reasonably be severed from any part that
categories of the documents held by it or contains exempt information, may be
under its control;vii. the particulars of provided.
any arrangement that exists for APPLICATION PROCEDURE
consultation with, or representation by APPLICATION PROCEDURE FOR REQUESTING
the members of the public, in relation to INFORMATION
the formulation of policy or 1. Apply in writing or through electronic
implementation thereof;viii. a statement means in English or Hindi or in the
of the boards, councils, committees and official language of the area, to the
other bodies consisting of two or more PIO, specifying the particulars of the
persons constituted by it. Additionally, information sought for.
information as to whether the meetings of 2. Reason for seeking information are not
these are open to the public, or the required to be given;
minutes' of such meetings are accessible 3. Pay fees as may be prescribed (if not
to the public;ix. a directory of its belonging to the below poverty line
officers and employees;x. the monthly category).
remuneration received by each of its GROUND FOR REJECTION OF APPLICATION FOR
officers and employees, including the DISCLOSURE OF INFORMATION
system of compensation as provided in its 1. If it is covered by exemption from
regulations;xi. the budget allocated to disclosure.
each of its agency, indicating the 2. If it infringes copyright of any
particulars of all plans, proposed person other than the State.
expenditures and reports on disbursements TIME LIMIT FOR OBTAINING THE INFORMATION
made;xii. the manner of execution of 1. 30 days from the date of application
subsidy programmes, including the amounts 2. 48 hours for information concerning
allocated and the details and the life and liberty of a person
beneficiaries of such programmes;xiii. 3. 5 days shall be added to the above
particulars of recipients of concessions, response time, in case the application
permits or authorizations granted by for information is given to Assistant
it;xiv. details of the information Public Information Officer.
available to, or held by it, reduced in 4. If the interests of a third party are
an electronic form;xv. the particulars of involved then time limit will be 40 days
facilities available to citizens for (maximum period + time given to the party
obtaining information, including the to make representation).
working hours of a library or reading Failure to provide information within the
room, if maintained for public use;xvi. specified period is a deemed refusal.
the names, designations and other FEES
particulars of the Public Information FEES FOR THE INFORMATION
Officers. 1. Application fees to be prescribed
DUTIES OF A PIO which must be reasonable.
" PIO shall deal with requests from 2. If further fees are required, then the
persons seeking information and where the same must be intimated in writing with
request cannot be made in writing, to calculation details of how the figure was
render reasonable assistance to the arrived at;
person to reduce the same in writing. 3. Applicant can seek review of the
" If the information requested for is decision on fees charged by the PIO by
held by or its subject matter is closely applying to the appropriate Appellate
connected with the function of another Authority;
public authority, the PIO shall transfer, 4. No fees will be charged from people
within 5 days, the request to that other living below the poverty line
public authority and inform the applicant Applicant must be provided information
immediately. free of cost if the PIO fails to comply
" PIO may seek the assistance of any with the prescribed time limit.
other officer for the proper discharge of DEPARTMENT WHICH ARE EXCLUDED
his/her duties. Central Intelligence and Security
" PIO, on receipt of a request, shall as agencies specified in the Second Schedule
expeditiously as possible, and in any like
case within 30 days of the receipt of the 1. IB,
request, either provide the information 2. R&AW,
on payment of such fee as may be 3. Directorate of Revenue Intelligence,
prescribed or reject the request for any 4. Central Economic Intelligence Bureau,
of the reasons specified in the Act. 5. Directorate of Enforcement,
" Where the information requested for 6. Narcotics Control Bureau,
concerns the life or liberty of a person, 7. Aviation Research Centre,
the same shall be provided within 8. Special Frontier Force,
forty-eight hours of the receipt of the 9. BSF,
request. 10. CRPF,
" If the PIO fails to give decision on 11. ITBP,
the request within the period specified, 12. CISF,
he shall be deemed to have refused the 13. NSG,
request. 14. Assam Rifles,
" Where a request has been rejected, the 15. Special Service Bureau,
PIO shall communicate to the requester - 16. Special Branch (CID),
(i) the reasons for such rejection, (ii) 17. Andaman and Nicobar,
the period within which an appeal against 18. The Crime Branch-CID-CB,
such rejection may be preferred, and 19. Dadra and Nagar Haveli and Special
(iii) the particulars of the Appellate Branch,
Authority. 20. Lakshadweep Police.
" PIO shall provide information in the Agencies specified by the State
form in which it is sought unless it Governments through a Notification will
would disproportionately divert the also be excluded. The exclusion, however,
resources of the Public Authority or is not absolute and these organizations
would be detrimental to the safety or have an obligation to provide information
preservation of the record in question. pertaining to allegations of corruption
" If allowing partial access, the PIO and human rights violations. Further,
shall give a notice to the applicant, information relating to allegations of
informing:a. that only part of the record human rights valuations could be given
requested, after severance of the record but only with the approval of the Central
containing information which is exempt or State Information Commission, as the
from disclosure, is being provided;b. the case may be.
reasons for the decision, including any






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