Legal Dimension of Indian RTI Act.
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Transcript of Legal Dimension of Indian RTI Act.
Provisions &Legal Dimensions of the
Right to information Act,2005
Every Public Authority shall provide reasons for its
administrative or quasi-judicial decisions to affected persons.
Section 4(1)d
Another substantive right
Publish all relevant facts while formulating important policies or announcing the decisions which
affects public
Section 4(1)c
whether material is information?
Section.2(f) defines information as any material in any form including
• records, documents, memos, e-mails• files, microfilm, manuscript
• log books, contracts, reports, papers• data material stored in computer
Whether opinion to be formed ?
No,as per Sn 2(j) RTI includes the rights (i)inspection of work, documents, records
(ii) extracts or certified copies of records/files
(iii) obtaining information in disk, floppies, tapes, video cassettes or printouts of any material stored in a computer etc.
• Taking certified sample of material
Is there any format for request ?
There is no prescribed request form.
Section 6(1) says that request shall be in writing specifying the
information requested for with fee.
Is signature of requester is necessary in the request ? The details necessary to contact
him shall be required;no other personal details shall be required
in the request.[ section.6(2)]
Is proof of citizenship required for seeking information ?
Section 3 says that citizens shall have Right to Information subject
to the provisions of this Act
Act does not prescribe for any proof of citizens for RTI
Should we receive request in Hindi also ?
Request shall be written in English or Hindi or in the Official Language of the
area where the request is made
Section 6(1)
Should PIO invite third party for his objection, in all cases, as per Sn 11?
In case of third party’s confidential information,
1.send a notice to him within five days for his objection within ten days
2.Overrule objection on public interest
3.Decide on the request within 40 days
4.Inform parties with right of Appeal
5.Furnish information subject to Appeal
Can citizen inspect office of a public authority ?
Proactive dissemination of information through notice boards/booklets/
broadcast/public announcements/news papers/the internet or any other means including inspection of the office of any
public authority. Sn 4(4)Intimate requester to clarify which information ,in which form, he is in
need
Can head of office ask PIO not to give information ?
• Sections 5(1)&(3) and Section 7(1) say that P I O shall deal with and decide on the requests
• Govt Circular No.77000/CDN5/06/GAD Dt 30.10.2006 prescribes that the P I O
shall be an independent officer who need not seek approval of his any officer including seniors for deciding on RTI requests.
What is meant by Deemed P I O Under Sn 5(4)&(5)?
Any officer whose assistance had been sought by the PIO shall be treated as
P I O for the purpose of contravention of the provisions of the Act.
Hence any officer whose inaction/dereliction caused
delay/failure in furnishing information can be punished by IC under Sn 20
SHOULD REQUESTER SHOW REASON FOR SEEKING INFORMATION ?
Section 6 (2) The requester shall not be required to show the reason for
seeking the information in the request.
SHOULD e –MAIL ADDRESS OF THE REQUESTER WOULD BE
SUFFICIENT IN REQUEST ?
As per Section 6 (2) except his details to contact him, no other
personal details are required in the request.
What is the time limit within which the requester shall remit
the cost ?
Calculate cost and intimate.Intimate A A’s details to
approach in case of objection to the cost calculated
7(3)
Avail of more than30 days to provide information?
The time taken by the requester to deposit cost will be added to the
time limit of 30 days.section-7(3)
Should salary be exhibited in front of office?
As per section 4(1) b every public authority shall publish pro actively,
information on 17 heads including directory and monthly salary of every
officer
How many years files should be kept for RTI?
• Public authority shall catalogue and index record/ file to facilitate RTI[S.4(1)a]
• No prescription in the Act that files should be kept for ever
• IC can order changes in file management[S.19(8) a]
• KSIC upheld L.dis,K.dis(AP.307/07 Dt3.10.07)
Relevance of 20 years u/s 8(3)
• Information coming under clauses a to j, u/s8(1) are exempted from disclosure
• However S.8(3) says that information coming under clauses b,d to h and j can be disclosed after 20 years.
Requester need not pay cost of delayed information
In case a Public Authority fails to comply with the time limit to provide information it shall provide free of cost
to the requester.Sec7[6]
Who will bear the cost of information to BPL?
In case of insufficiency of fund to provide information to BPL (at free of cost)
permit him to inspect the Information or provide information in CD if it is
available in e form.
(Section-7[9])
Should PIO meet the cost when requester remitted it in treasury?
• Explain insufficiency of fund and inform requester to remit cost in the office of PIO
• Issue written receipt instead of TR 5• Meet the expenditure out of the amount
remitted by the requester and remit balance, if any, in treasury
RTI will not adversely affect smooth working of office
In case furnishing of information in the requested form would disproportionately divert the
resources of the officeprovide information in another
convenient form Section 7 (9)
Is First Appellate Authority a Quasi Judiciary ?
As per Section 18 (3) the CIC and SIC alone are given
powers of Civil Court
Can PIO file second Appeal ?
Sections 19(1) &(3) show that only the requester/first appellant or
the third party who was not invited by PIO under Section 11, can make second appeal before
the Commission
Can auditor objects the actions of PIO ?
No suit, prosecution or other legal proceedings shall lie against any
person for anything which is in good faith done or indented to be done under this Act or any rule made there under.
Section-21
Is delayed information punishable in all cases,as per Sn 20(1)?
Without any reasonable cause • PIO refused to receive application• PIO not furnished information within time• Malafidely denied request• Knowingly given
incorrect/incomplete/misleading information or destroyed information
• Obstructed in any manner in furnishing information
Shall disciplinary action be recommended in all cases as per
Sn 20(2)?Without any reasonable cause and persistently• PIO refused to receive application• PIO not furnished information within time• Malafidely denied request• Knowingly given incorrect/incomplete/misleading
information or destroyed information• Obstructed in any manner in furnishing
information
What is the remedy against the decision of SIC ?
No court shall entertain any proceedings against any order made
under this Act.Sn 23 writ jurisdiction under Art.32(SC),226
HCs can be invoked
Civil Appeal No.6454 of 2011
Central Board of secondary Education Vs
Aditya Bandopadhyay and others
judgment Dt 9.8.2011 by Js. RV Raveendran & AK Patnaik,S C of India
Special Leave Petition(civil) No.27734 of 2012
Girish Ramachandra DeshpandeVs
Central Information Commissioner and others
Judgment dt 03.10.2012, by Js.K S radhakrishnan & Dipak Misra
‘Information’ costs Rs. 25,000/- only !
Information Commission shall have power to require any public authority to
compensate the complainant for any loss or other detriment suffered
Section-19(8)b
Right to Information ?