Final Doc RTI

7/29/2019 Final Doc RTI

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RIGHT TO INFORMATION ACT 2

INTRODUCTION

India is a democratic republic state. Here the Government is of the people, by

the people and for the people. Therefore the people of our country have the right to

know about state affairs. Gone are the days when public dealings were kept in strict

secret, a practice which often led to corruption, misuse and abuse of statutory and

administrative power. Freedom of information brings openness in the administration

which helps to promote transparency in state affairs, keep government more

accountable and ultimately reduce corruption. Freedom of information owes its

origin in the freedom of speech and expression which is one of the solemn

Fundamental Rights under the Constitution of India. It includes the right to know and

to be known and the right to impart and receive information regarding the functioning

of the government and the state machineries. But so far as private affairs are

concerned, the Right to Information Act has no effect.

Freedom of information is not absolute. There are reasonable restrictions as

imposed by the Constitution, the Act itself, and other statutes and of course judicial

interpretations on the access to information. But still, it is the most valuable piece of

legislation in the hands of the people of India to know about the particulars of the

government. During the last decade the public became vocal to get information from

the state. In 2000-2002 many State Governments enacted The Right to

Information Act which is operative in the respective States only. Then the Union

Government in the year 2002 passed the Freedom of Information Act. But this

central legislation contained many lacunas. Jurists criticized the Act of 2002

because it did not satisfy the aspiration of the citizens; they wanted it to be more

progressive, positive, participatory and meaningful. The National Advisory Council

recommended certain important changes to ensure greater access to information.


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The Union Government examined the suggestions made by the National

Advisory Council and others and decided to repeal the Act of 2002. It then enacted

the Right to Information Act, 2005, which is since then considered as a landmark

step in the field of Fundamental Right of freedom of speech and expression under

Article 19(1) (a) of the Constitution of India.

In order to promote transparency and accountability in administration, the

Indian Parliament enacted the Freedom of Information Act, 2002, which was

repealed later and a new act, The Right to Information Act, came into force on 12

October 2005. The new law empowers Indian citizens to seek information from a

Public Authority, thus making the Government and its functionaries more

accountable and responsible. The Act has now been in operation for over three

years and has benefited many, including the poor and the underprivileged.

Information is any material in any form. It includes records, documents,

memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,

contracts, reports, papers, samples, models, data material held in any electronic

form. It also includes information relating to any private body which can be accessed

by the public authority under any law for the time being in force.

The Right to Information Act, 2005 which enforce transparency and

accountability in the working of the Public Authority is a mile stone in our

Democracy. Democracy is by the people for the people and of the people in which

without transparency and accountability the target goal could not be achieved. This

act redresses the grievance of the public who are made to run from pillar to post for

some reason or other and empower them to get information across the table of the

public authority as a matter of their right. The Act not only fulfils the public desire

and expectation of the government functionaries but also pave way to provide useful

information and support for furtherance of the good governance. The accountability

fixed on the public authorities through this Act make them to work in a better way, for

the betterment of the public and Government. To own a property is the cherished


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dream of every citizen. The Registration Department plays a key role in recording

the transactions made among the public. Registration Department also registers the

Marriages under Hindu/ Special marriage Act and also monitor the functioning of

Chit Companies. The hand book brought out in view of the Right to information Act

2005, enlightens every citizen who aspire to purchase property by providing all

information required for registration of such purchase and to monitor the functioning

of the department by obtaining necessary information as a matter of their right which

ultimately bring transparency in the functioning and creates harmony between

public and the Government. By going through the various Chapters of this Handbook

the public gain an insight into the various services rendered by the department as

well as the procedure to avail those services. The objective is to give all information

essential to the public for availing services in a hassle free citizen friendly

environment.


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BACKGROUND

At the International level, Right to

Information and its aspects find articulation

as a human right in most important basic

human rights documents, namely, the

Universal Declaration of Human Rights, the

International Covenant on Civil and Political

Rights and the International Covenant on

Economic, Social and Cultural Rights. At

regional levels, there are numerous other

human rights documents, which include this

fundamental right for example, the European Convention for the Protection of

Human Rights and Fundamental Freedoms, the American Convention on Human

Rights, the African Charter on Human and Peoples Rights, etc. The Commonwealth

has also formulated principles on freedom of information. The Indian Parliament had

enacted the Freedom of Information Act, 2002 in order to promote, transparency

and accountability in administration. The National Common Minimum Program of the

Government envisaged that Freedom of Information Act will be made more

progressive, participatory and meaningful, following which, decision was made to

repeal the Freedom of Information Act, 2002 and enact a new legislation in its

place. Accordingly, Right to Information Bill, 2004 (RTI) was passed by both the

Houses of Parliament on May, 2005 which received the assent of the President on

15th June, 2005. The Right to Information Act was notified in the Gazette of India

on 21st June, 2005. The The Right to Information Act became fully operational from

12th October, 2005. This new law empowers Indian citizens to seek any accessible

information from a Public Authority and makes the Government and its functionaries

more accountable and responsible. During the period of the implementation of the

RTI Act i.e. October 2005 onwards, it has become evident that there are many

anticipated and unanticipated consequences of the Act. These have manifested

themselves in various forms, while some of the issues pertain to procedural aspects

of the Government; others pertain to capacity building, and so on. The most

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.


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important aspect to be recognized is that there are issues to be addressed at various

ends for effective implementation of the Act.

There have been many discussions and debates about the effectiveness and

impact of the Act. The Civil Society Organizations and Government agencies have

been engaging themselves in the debate over various aspects of the Act and its

effectiveness and interpretations. There is a broad consensus that the

implementation of the Act needs to be improved to achieve the objectives. At the

same time there is evidence to suggest that the information seekers too have to

learn how to use the Act more effectively. While there is significant information

both anecdotal and quantitative on the level of implementation of the Act, there

was limited systematic and comprehensive review available for action by the

appropriate Governments. This in turn necessitated a review of all the aspects

necessary to analyze the current situation and draw up a plan to bridge the gaps. In

the above context, Department of Personnel and Training, Ministry of Personnel,

Public Grievances and Pension, Government of India, had engaged

PricewaterhouseCoopers (PwC) for assessing and evaluating the Act with specific

reference to the key issues and constraints faced by the Information Providers and

Information Seekers. The scope of study included review of the experiences of the

Central and State Governments in implementing the RTI Act, review of the

experiences of various categories of information seekers, diagnosis of the situation,

suggestion of the nature of interventions to be made and preparation of action

plan/recommendations. The assessment of the current situation through various

market research tools has resulted in identification of the current problem areas.

These problems areas have been analysed/ discussed in various

workshops/meetings to define time-bound actionable steps to make the Act an

effective tool of good governance


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THE HISTORY OF RTI

It has taken India 82 years to transition from an opaque system of

governance, legitimized by the colonial Official Secrets Act, to one where citizens

can demand the right to information. The recent enactment of the Right to

Information Act 2005 marks a significant shift for Indian democracy, for the greater

the access of citizens to information, the greater will be the responsiveness of

government to community needs.

Right To Information is derived from our fundamental right of freedom of

speech and expression under Article 19 of the Constitution. If we do not have

information on how our Government and Public Institutions function, we cannot

express any informed opinion on it. Democracy revolves around the basic idea of

Citizens being at the centre of governance. And the freedom of the press is an

essential element for a democracy to function. It is thus obvious that the main reason

for a free press is to ensure that Citizens are informed. Thus it clearly flows from this,

that the Citizens Right To Know is paramount.

The Act and its rules define a format for requisitioning information, a time

period within which information must be provided, a method of giving the information,

some charges for applying and some exemptions of information which will not be

given.

The landmark judgments of the Supreme Court relating to Freedom of

information and right to know where given in a number of cases since 1972; but no

law had been made on the subject. The demand for a legislation on Right to

Information was made from the grass root level .The Mazdoor Kisan Shakti

Sangathan(MKSS) held a Jan-Sunwai (Peoples hearing) in the Bhim Tehsil of

Rajasthan as on paper all the development projects had been completed but in


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reality there was misappropriation of funds. MKSS was successful in getting

copies of relevant documents. The muster rolls contained names of people who

were either dead years before or did not exist in the village. Between December

1994 and April 1995, several other public hearings were organized in the State of

Rajasthan. This movement soon spread to other areas of the country also.

In 1989 the Prime Minister Mr. .V. P. Singh declared the attitude of the

government on right to information as, An open system of governance is an

essential prerequisite for the fullest flowering of democracy. Free flow of information

from the government to the people will not only create an enlightened and informed

public opinion but also render those in authority accountable. In recent past we have

witnessed many distortions in our information system. The veil of secrecy was

lowered many a time not in the interest of national security, but to shield the guilty,

vested interests or gross errors of judgments. Therefore, the National Front

Government has decided to make the Right to Information a fundamental right. A

draft bill was made by Justice PB Sawant, Chairman of the Press Council in 1996

keeping in view the observations made by eminent people that in a democracy, it is

the people who are the masters and those utilizing public resources and exercising

public power are theiragents. A working group on the Right to Information and

promotion of open and Transparent Government was set up by the Government of

India under the chairmanship of Mr. H. D. Shouri which submitted its comprehensive

report and draft bill on Freedom of Information on 24 May 1997.A number of

states had their legislations on Right To Information even before the Freedom of

Information bill 2000 was introduced in the Lok Sabha. It was passed in December

2002 and received Presidential asset on January 2003, as the Freedom of

Information Act, 2002. Unfortunately, a date for the Bill coming into force was never

notified, therefore it never actually came into operation. In May 2004 the UPA

government came to power at the centre. The government common minimum

programme promised that RTI would be made more progressive, participatory and

meaningful. The National Advisory council (NAC) was set up to see the

implementation of the common minimum programme. In July 2004 the Supreme

court in a public interest litigation case pursued by advocate Prashant Bhushan onbehalf of NCPRI(1) and centre for public interest litigation set a deadline of 15


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September 2004 for the central government to advise when the act would be notified

and if not the court would issue administrative guidelines .CHRI(2) released a draft

rule on August 2004.After a number of deliberations and discussions with various

activists like Aruna Roy and others as well with other government departments and

organisation; the government tabled the RTI Act in Parliament. In May 2005 the

RTI amendment act was approved by the Parliament quickly. On 15 June 2005, the

President gave his assent to the national RTI act 2005.The central and state

governments had 120 days to implement the provisions of the bill. Thus the act came

into force on 12 October 2005.


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THE NEED FOR THE RIGHT TO INFORMATION

In recent years, there has been an almost unstoppable global trend towards

recognition of the right to information by countries, intergovernmental organizations,

civil society and the people. The right to information has been recognized as a

fundamental human right, which upholds the inherent dignity of all human beings.

The right to information forms the crucial underpinning of participatory democracy - it

is essential to ensure accountability and good governance. The greater the access of

the citizen to information, the greater the responsiveness of government to

community needs. Alternatively, the more restrictions that are placed on access, the

greater will be the feelings of 'powerlessness' and 'alienation'. Without information,

people cannot adequately exercise their rights as citizens or make informed choices.

The free flow of information in India remains severely restricted by three

factors:

The legislative framework includes several pieces of restrictive legislation,

such as the Official Secrets Act, 1923.

The pervasive culture of secrecy and arrogance within the bureaucracy; and

The low levels of literacy and rights awareness amongst India's people.

The primary power of RTI is the fact that it empowers individual Citizens to

requisition information. Hence without necessarily forming pressure groups or

associations, it puts power directly into the hands of the foundation of democracy-

the Citizen.


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OBJECT

The basic object of the Right to Information Act is to empower the citizens,

promote transparency and accountability in the working of the Government, containcorruption, and make our democracy work for the people in real sense. It goes

without saying that an informed citizen is better equipped to keep necessary vigil on

the instruments of governance and make the government more accountable to the

governed. The Act is a big step towards making the citizens informed about the

activities of the Government. The right to information is implicitly guaranteed by the

Constitution. However, with a view to set out a practical regime for securing

information, the Indian Parliament enacted the Right to Information Act, 2005 and

thus gave a powerful tool to the citizens to get information from the Government as a

matter of right. This law is very comprehensive and covers almost all matters of

governance and has the widest possible reach, being applicable to Government at

all levels- Union, State and Local as well as recipients of government grants.

In order to ensure greater and more effective access to information, the

Government resolved that the Freedom of Information Act, 2002 enacted by the

Parliament needs to be made more progressive, participatory and meaningful. The

National Advisory Council deliberated on the issue and suggested certain important

changes to be incorporated in the existing Act to ensure smoother and greater

access to information. The examined the and others and.

After examining the suggestions made by the National Advisory Council,

the Government decided to make a number of changes in the law. The important

changes proposed to be incorporated, inter alia, include establishment of an

appellate machinery with investigating powers to review decisions of the Public

Information Officers; penal provisions for failure to provide information as per law;

provisions to ensure maximum disclosure and minimum exemptions, consistent with

the constitutional provisions, and effective mechanism for access to information and

disclosure by authorities, etc.


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SCOPE

A citizen has a right to seek such information from a public authority which is

held by the public authority or which is held under its control. This right includesinspection of work, documents and records; taking notes, extracts or certified copies

of documents or records; and taking certified samples of material held by the public

authority or held under the control of the public authority. It is important to note that

only such information can be supplied under the Act which already exists and is held

by the public authority or held under the control of the public authority. The Public

Information Officer is not supposed to create information; or to interpret information;

or to solve the problems raised by the applicants; or to furnish replies to hypothetical

questions.

The Act gives the right to information only to the citizens of India. It does not

make provision for giving information to Corporations, Associations, Companies etc.

which are legal entities/persons, but not citizens. However, if an application is made

by an employee or office-bearer of any Corporation, Association, Company, NGO

etc. indicating his name and such employee/office bearer is a citizen of India,

information may be supplied to him/her. In such cases, it would be presumed that a

citizen has sought information at the address of the Corporation etc.

Central, State and Local Governments.

All bodies owned, controlled or substantially financed by these governments.

NGOs (Non Government Organizations) substantially financed directly or indirectly

by appropriate government funds.

Executive, Judiciary and legislature wings.

The Act applies to all States and Union Territories of India, except the State of

Jammu and Kashmir - which is covered under a State-level RTI law


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SALIENT FEATURES OF THE ACT

The Right to Information Act is a law enacted by the Parliament of India

allowing citizens of India access to records of the Central Government and State

Governments. The act applies to the whole of India except the State of Jammu and

Kashmir. The Act consists of a Preamble and three chapters. Chapter one is

Preliminary which contains definitions of various terms like information, Public

Authority; Information Commissioner Etc. Chapter two defines freedom of

information and the obligations of public authorities.

Chapter three contains miscellaneous aspects relating to the implementation of the

Act. The basic objective of the act is:-

1) To give effect to the Fundamental Right to information.

2) To establish voluntary and mandatory mechanisms or procedures.

3) To promote transparency, accountability and effective governance of public

authorities.

Information under this act refers to 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 held 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.

Right to Information means it includes the right to-

i) Inspect works, documents, and records.

ii) Take notes ,extracts or certified copies of documents or records ;

iii) Take certified samples of material

iv) Obtain information in form of printouts ,floppies ,diskettes ,tapes ,video cassettes

or in any other electronic mode or through printouts.


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Public authority means any authority or body established or constituted

i) by or under the constitution

ii) ii) by any law made by the appropriate government including district

councils and Panchayati Raj institutions etc.

The obligations of public authority as per the act are that they shall publish

within 120 days of the enactment the following things:-the particular of its

organization, function and duties; the powers and duties of its officers and

employees ;the procedure followed in its decision making process ,including

channels of supervision and accountability; the norms set by it for the discharge of itsfunctions; the rules ,regulations ,instructions ,manuals and records used by its

employees for discharging its function; a statement of the categories of documents

held by it or under his control; the particulars of any arrangement that exists for

consultation with, or representation by the members of the public in relation to the

formulation of policy or implementation thereof; a statement of the boards, councils,

committees and other bodies consisting of two or more persons constituted by it.

Additionally, information as to whether the meetings of these are open to the publicor the minutes of such meetings are accessible to the public ;a directory of its

officers and employees; the monthly remuneration received by each of its officers

and employees, including the system of compensation as provided in its regulations

;the budget allocated to each of its agency, including the particulars of all plans

,proposed expenditures and reports on disbursements mode; the manner of

execution of subsidy programmes ,including the amounts allocated and the details

and beneficiaries of such programmes; particulars of recipients of concessions

,permits or authorizations granted by it; details of the information available to, or held

by it, reduced in an electronic form; the particulars of facilities available to citizens for

obtaining information, including the working hours of a library or reading room ,if

maintained for public use; the names ,designations and other particulars of the

Public Information Officers.


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Certain categories of information are exempted from the purview of the

act they are information whose disclosure is likely to affect the sovereignty

and integrity of India; security, scientific, strategic and economic interests of the

state; relation with foreign states or lead to incitement to commit an offence;

information of which would cause a breach of privilege of Parliament or State

legislature; etc.

Central Information Commission is constituted by the central government.

The Chief Information Commissioner holds a position equivalent to the Chief Election

Commissioner. The Information Commissioner holds a position equivalent to the

Chief Secretary of the State. Every public authority has to send an annual report on

the number of requests received, number of requests rejected and appeals,

particulars of disciplinary action taken, amount of fees collected, charged etc. They

have to submit to the State information commissioner or the central information

commissioner as the case may be. The state information commissioner has to table

the report in the State assembly, whereas the report by the central information

commissioner is tabled in Parliament, annually. The request for information has to be

made in writing or electronically in English, Hindi or the language of the area. The

application has to be addressed to the Public Information Officer of the concerned

department. In case the information cannot be made in writing, the Public

Information Officer has to help the applicant in making a written request. The

required fees have to be paid with the application. Once the application is submitted,

the Public Information Officer has to give the information as soon as possible; within

a maximum period of thirty days. In case the information required affects the life and

liberty of a person it has to be given within 48 hours of request. In case of rejection

of a request, a reason has to be mentioned for the rejection. In case of delay in

providing relevant information, a fine of

Rupees two hundred and fifty will be levied on the Public Information Officer

for each day of delay. The amount of fine for non-compliance can be increased

during the course of time.


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APPLICABILITY

The Act applies both to Central and State Governments and all public

authorities. A public authority (sec. 2(h)) which is bound to furnish information means

any authority or body or institution of self-government established or constituted

(a) by or under the Constitution,

(b) by any other law made by Parliament,

(c) by any other law made by State Legislature,

(d) by a notification issued or order made by the appropriate Government and

includes any

(i) body owned, controlled or substantially financed,

(ii) non-government organization substantially financed - which, in clauses (a)

to (d) are all, directly or indirectly funded by the appropriate Government.

Who can get information under right to information act :

Any citizen of India can get information under these RTI.

The Act extends to the whole of India except the State of Jammu andKashmir.

OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin)cardholders can also get information under this Act.

For citizens, OCI's and PIO's who are staying out of India, the RTI Applicationcan be filed with the PIO of the local Indian Embassy / Consulate / High

Commission who will inform the applicant regarding the amount of application

fee in local currency as well as the mode of payment.


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Instances where RTI cannot be Used :

1. Information on religion cannot be obtained under RTI: The Punjab and Haryana

High Court rejected claims of right to obtain information on religion of an individual asdisclosed during census count and termed such information as within the private

domain which cannot be disclosed under a right to information (RTI) application.

Holding that no such private information can be divulged the court rejected the

appeal seeking details of religion of UPA Chairperson Sonia Gandhi and her family

members including Rahul Gandhi and daughter Priyanka Vadhera.

2. Security Organisation Like RAW exempted from RTI: Acting on an appeal of

former RAW official Brigadier (Retd) Ujjal Dasgupta, an accused in the National

Security Council Secretariat spying case, the transparency panel had earlier asked

the Pune-based Centre for Development of Advanced Computing (C-DAC) to

disclose details sought by him about the software 'Anveshak'. The RAW challenged

the decision in the Delhi High Court which referred the matter back to the CIC

saying the panel has "erred" in overlooking sections of the RTI Act which exempted

security organisations like RAW from the ambit of RTI law and those dealing with

third party information.


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HOW TO SUBMIT A RTI APPLICATION

To ensure that you your RTI application has been received by the Central Public

Information Officer, and to enable you to have a proof of submission. The following

are the tested methods to submit a RTI application:

Personally, by hand: Please ensure that you get your copy of the application

and proof of payment duly stamped, signed and dated, either by the Public

Information Officer or by the inward department

Registered Post Acknowledgement Due (AD): The AD card will act as proof of

submission, after the postal department returns it to you. In case the AD card

does not come back with a proper stamp, signature and date of receipt,

follow up with the dispatching post office to get the AD card completed

Speed Post (A postal department service): Once the application is sent by

Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and

keep a print out of the delivery status carefully with you.

RTI Application Process :


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RTI Appeal Process:


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THE FINAL ACT

PART I: DEFINITIONS AND PURPOSE

Definitions

1. In this Act, unless the context otherwise requires:

(a) commissioner is the office of the Information Commissioner,

established by Part V, or the holder of that office, as the context may

require;

(b) information officer is an individual with specific responsibilities under

this Act, required to be appointed by every public body pursuant to

section 16(1);

(c) official means any person employed by the relevant body, whether

permanently or temporarily and whether part-time or full-time;

(d) minister means the Cabinet minister responsible for the

administration of justice;

(e) private body has the meaning given by sub-section 6(3);

(f) public body has the meaning given by sub-section 6(1) and (2);

(g) publish means make available in a form generally accessible to

members of the public and includes print, broadcast and electronic

forms of dissemination;

(h) personal information means information which relates to a living

individual who can be identified from that information; and

(i) record has the meaning given by section 7.

Purpose

2. The purposes of this Act are:

(a) to provide a right of access to information held by public bodies in

accordance with the principles that such information should be

available to the public, that necessary exceptions to the right of access

should be limited and specific, and that decisions on the disclosure of


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such information should be reviewed independently of government;

and

(b) to provide a right of access to information held by private bodies where

this is necessary for the exercise or protection of any right, subject only

to limited and specific exceptions.

PART II: THE RIGHT TO ACCESS INFORMATION HELD BY

PUBLIC AND PRIVATE BODIES

Freedom of Information

3. Everyone shall have the right to freedom of information, including the right to

access information held by public bodies, subject only to the provisions of this Act.

General Right of Access4. (1) Any person making a request for information to a public body shall be

entitled, subject only to the provisions of Parts II and IV of this Act:

(a) to be informed whether or not the public body holds a record containing

that information or from which that information may be derived; and

(b) if the public body does hold such a record, to have that information

communicated to him or her.

(2) Any person making a request for information to a private body which

holds information necessary for the exercise or protection of any right shall,

subject only to the relevant provisions of Parts II and IV of this Act, be entitled

to have that information communicated to him or her.

Legislation Prohibiting or Restricting Disclosure

5. (1) This Act applies to the exclusion of any provision of other legislation

that prohibits or restricts the disclosure of a record by a public or private body.


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(2) Nothing in this Act limits or otherwise restricts the disclosure of

information pursuant to any other legislation, policy or practice.

Public and Private Bodies

6. (1) For purposes of this Act, a public body includes any body:

(a) established by or under the Constitution;

(b) established by statute;

(c) which forms part of any level or branch of Government;

(d) owned, controlled or substantially financed by funds provided by

Government or the State; or

(e) carrying out a statutory or public function,

provided that the bodies indicated in sub-section (1)(e) are public bodies only

to the extent of their statutory or public functions.

(2) The Minister may by order designate as a public body any body that

carries out a public function.

(3) For purposes of this Act, a private body includes any body, excluding a

public body, that:

(a) carries on any trade, business or profession, but only in that capacity;

or

(b) has legal personality.

Records

7. (1) For purposes of this Act, a record includes any recorded information,

regardless of its form, source, date of creation, or official status, whether or

not it was created by the body that holds it and whether or not it is classified.

(2) For purposes of this Act, a public or private body holds a record if:

(a) the public or private body holds the record, other than on behalf of

another person; or

(b) another person holds the record, on behalf of the public or private

body.


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Request for Information

8. (1) For purposes of section 4, a request for information is a request in

writing to any official of a public or private body that is in sufficient detail to

enable an experienced official to identify, with reasonable effort, whether ornot the body holds a record with that information.

(2) Where a request for information pursuant to section 4(1) does not

comply with the provisions of sub-section (1), the official who receives the

request shall, subject to sub-section (5), render such reasonable assistance,

free of charge, as may be necessary to enable the request to comply with

sub-section (1).

(3) An individual who is unable, because of illiteracy or disability, to make

a written request for information pursuant to section 4(1) may make an oral

request, and the official who receives an oral request shall, subject to sub-

section (5), reduce it to writing, including their name and position within the

body, and give a copy thereof to the person who made the request.

(4) A request for information under section 4(2) must identify the right the

person making the request is seeking to exercise or protect and the reasons

why the information is required to exercise or protect that right.

(5) An official who receives a request for information may transfer that

request to the Information Officer for purposes of complying with sub-sections

(2) and/or (3).

(6) A public or private body may prescribe a form for requests for

information, provided that such forms do not unreasonably delay requests or

place an undue burden upon those making requests.

(7) A public or private body which receives a request for information shall

provide the requester with a receipt documenting the request.

Time Limits for Responding to Requests

9. (1) Subject to sub-section (3), a public or private body must respond to a

request for information pursuant to section 4 as soon as is reasonably

possible and in any event within twenty working days of receipt of the request.


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(2) Where a request for information relates to information which

reasonably appears to be necessary to safeguard the life or liberty of a

person, a response must be provided within 48 hours.

(3) A public or private body may, by notice in writing within the initial

twenty day period, extend the period in sub-section (1) to the extent strictly

necessary, and in any case to not more than forty working days, where the

request is for a large number of records or requires a search through a large

number of records, and where compliance within twenty working days would

unreasonably interfere with the activities of the body.

(4) Failure to comply with sub-section (1) is deemed to be a refusal of the

request.

Notice of Response

10. (1) The response under section 9 to a request for information pursuant to

section 4(1) must be by notice in writing and state:

(a) the applicable fee, if any, pursuant to section 11, in relation to any part

of the request which is granted, and the form in which the information

will be communicated;(b) adequate reasons for the refusal in relation to any part of the request

which is not granted, subject only to Part IV of this Act;

(c) in relation to any refusal to indicate whether or not the public body

holds a record containing the relevant information, the fact of such

refusal and adequate reasons for it; and

(d) any right of appeal the person who made the request may have.

(2) The response under section 9 to a request for information pursuant to

section 4(2) must be by notice in writing and state:

(a) in relation to any part of the request which is granted, the applicable

fee, if any, pursuant to section 11, and the form in which the

information will be communicated; and

(b) in relation to any part of the request which is not granted, adequate

reasons for the refusal.

(3) In relation to any part of a request that is granted, communication of

the information must take place forthwith, subject only to Section 11.


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Fees

11. (1) The communication of information pursuant to a request under section

4 by a public or private body may, subject to subsections (2) and (3), be made

conditional upon payment by the person making the request of a reasonablefee, which shall not exceed the actual cost of searching for, preparing and

communicating the information.

(2) Payment of a fee shall not be required for requests for personal

information, and requests in the public interest.

(3) The Minister may, after consultation with the Commissioner, make

regulations providing:

(a) for the manner in which fees are to be calculated;

(b) that no fee is to be charged in prescribed cases; and

(c) that any fee cannot exceed a certain maximum.

(4) A public body shall not require payment of a fee under sub-section (1)

where the cost of collecting that fee would exceed the amount of the fee.

Means of Communicating Information

12. (1) Where a request indicates a preference as to the form of

communication of information contained in sub-section (2), a public or private

body communicating information pursuant to a request for information under

section 4 shall, subject to sub-section (3), do so in accordance with that

preference.

(2) A request may indicate the following preferences as to the form of

communication of information:

(a) a true copy of the record in permanent or other form;(b) an opportunity to inspect the record, where necessary using equipment

normally available to the body;

(c) an opportunity to copy the record, using his or her own equipment;

(d) a written transcript of the words contained in a sound or visual form;

(e) a transcript of the content of a record, in print, sound or visual form,

where such transcript is capable of being produced using equipment

normally available to the body; or

(f) a transcript of the record from shorthand or other codified form.


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(3) A public or private body shall not be required to communicate

information in the form indicated by the person making the request where to

do so would:

(a) unreasonably interfere with the effective operation of the body; or

(b) be detrimental to the preservation of the record.

(4) Where a record exists in more than one language, communication of

the record shall, from among those languages, be given in accordance with

the language preference of the person making the request.

If a Record is Not Held

13. (1) Where an official who receives a request pursuant to section 4(1)

believes that that request relates to information that is not contained in any

record held by the public body, the official may transfer the request to the

Information Officer for purposes of compliance with this section.

(2) Where an Information Officer receives a request pursuant to sub-

section (1), he or she shall confirm whether or not the public body does hold a

record containing the information and, if it does not, shall, if he or she knows

of another public body which does hold the relevant record, as soon aspracticable, either:

(a) transfer the request to that public body and inform the person making

the request of such transfer; or

(b) indicate to the person making the request which public body holds the

relevant record,

whichever would be likely to ensure more rapid access to the information.

(3) Where a request is transferred pursuant to sub-section (2)(a), the time

limit for responding to requests under section 9 shall begin to run from the

date of transfer.

(4) A private body which receives a request pursuant to section 4(2)

relating to information that is not contained in any record held by the private

body shall notify the requester that it does not hold the information.


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Vexatious, Repetitive or Unreasonable Requests

14. (1) A public or private body is not required to comply with a request for

information which is vexatious or where it has recently complied with a

substantially similar request from the same person.(2) A public or private body is not required to comply with a request for

information where to do so would unreasonably divert its resources.

PART III: MEASURES TO PROMOTE OPENNESS

Guide to Using the Act

15. (1) The Commissioner shall, as soon as practicable, compile in each official

language a clear and simple guide containing practical information to facilitate

the effective exercise of rights under this Act, and shall disseminate the guide

widely in an accessible form.

(2) The guide in sub-section (1) shall be updated on a regular basis, as

necessary.

Information Officer

16. (1) Every public body shall appoint an Information Officer and ensure that

members of the public have easy access to relevant information concerning

the Information Officer, including his or her name, function and contact details.

(2) The Information Officer shall, in addition to any obligations specifically

provided for in other sections of this Act, have the following responsibilities:

(a) to promote within the public body the best possible practices in relation

to record maintenance, archiving and disposal; and

(b) to serve as a central contact within the public body for receiving

requests for information, for assisting individuals seeking to obtain

information and for receiving individual complaints regarding the

performance of the public body relating to information disclosure.


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Duty to Publish

17. Every public body shall, in the public interest, publish and disseminate in an

accessible form, at least annually, key information including but not limited to:

(a) a description of its structure, functions, duties and finances;

(b) relevant details concerning any services it provides directly to members

of the public;

(c) any direct request or complaints mechanisms available to members of

the public regarding acts or a failure to act by that body, along with a

summary of any requests, complaints or other direct actions by

members of the public and that bodys response;

(d) a simple guide containing adequate information about its record-

keeping systems, the types and forms of information it holds, the

categories of information it publishes and the procedure to be followed

in making a request for information;

(e) a description of the powers and duties of its senior officers, and the

procedure it follows in making decisions;

(f) any regulations, policies, rules, guides or manuals regarding the

discharge by that body of its functions;

(g) the content of all decisions and/or policies it has adopted which affect

the public, along with the reasons for them, any authoritative

interpretations of them, and any important background material; and

(h) any mechanisms or procedures by which members of the public may

make representations or otherwise influence the formulation of policy

or the exercise of powers by that body.

Guidance on Duty to Publish

18. The Commissioner shall:

(a) publish a guide on minimum standards and best practices regarding

the duty of public bodies to publish pursuant to section 17; and

(b) upon request, provide advice to a public body regarding the duty to

publish.


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Maintenance of Records

19. (1) Every public body is under an obligation to maintain its records in a

manner which facilitates the right to information, as provided for in this Act,

and in accordance with the Code of Practice stipulated in sub-section (3).(2) Every public body shall ensure that adequate procedures are in place

for the correction of personal information.

(3) The Commissioner shall, after appropriate consultation with interested

parties, issue and from time to time update a Code of Practice relating to the

keeping, management and disposal of records, as well as the transfer of

records to the [insert relevant archiving body, such as the Public Archives].

Training of Officials

20. Every public body shall ensure the provision of appropriate training for its

officials on the right to information and the effective implementation of this Act.

Reports to the Information Commissioner

21. The Information Officer of every public body shall annually submit to the

Commissioner a report on the activities of the public body pursuant to, or to promote

compliance with, this Act, which shall include information about:

(a) the number of requests for information received, granted in full or in

part, and refused;

(b) how often and which sections of the Act were relied upon to refuse, in

part or in full, requests for information;

(c) appeals from refusals to communicate information;

(d) fees charged for requests for information;

(e) its activities pursuant to section 17 (duty to publish);

(f) its activities pursuant to section 19 (maintenance of records); and

(g) its activities pursuant to section 20 (training of officials).


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PART IV: EXCEPTIONS

Public Interest Override

22. Notwithstanding any provision in this Part, a body may not refuse to indicate

whether or not it holds a record, or refuse to communicate information, unless the

harm to the protected interest outweighs the public interest in disclosure.

Information Already Publicly Available

23. Notwithstanding any provision in this Part, a body may not refuse to

communicate information where the information is already publicly available.

Severability

24. If a request for information relates to a record containing information which,

subject to this Part, falls within the scope of an exception, any information in the

record which is not subject to an exception shall, to the extent it may reasonably be

severed from the rest of the information, be communicated to the requester.

Personal Information

25. (1) A body may refuse to indicate whether or not it holds a record, or

refuse to communicate information, where to do so would involve the

unreasonable disclosure of personal information about a natural third party.

(2) Sub-section (1) does not apply if:

(a) the third party has effectively consented to the disclosure of the

information;

(b) the person making the request is the guardian of the third party, or the

next of kin or the executor of the will of a deceased third party;

(c) the third party has been deceased for more than 20 years; or

(d) the individual is or was an official of a public body and the information

relates to his or her function as a public official.


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Legal Privilege

26. A body may refuse to indicate whether or not it holds a record, or refuse to

communicate information, where the information is privileged from production in legal

proceedings, unless the person entitled to the privilege has waived it.

Commercial and Confidential Information

27. A body may refuse to communicate information if:

(a) the information was obtained from a third party and to communicate it

would constitute an actionable breach of confidence;

(b) the information was obtained in confidence from a third party and:

i. it contains a trade secret; or

ii. to communicate it would, or would be likely to, seriously

prejudice the commercial or financial interests of that third party;

or

(c) the information was obtained in confidence from another State or

international organisation, and to communicate it would, or would be

likely to, seriously prejudice relations with that State or international

organisation.

Health and Safety


communicate information, where to do so would, or would be likely to, endanger the

life, health or safety of any individual.


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Law Enforcement


communicate information, where to do so would, or would be likely to, cause serious

prejudice to:

(a) the prevention or detection of crime;

(b) the apprehension or prosecution of offenders;

(c) the administration of justice;

(d) the assessment or collection of any tax or duty;

(e) the operation of immigration controls; or

(f) the assessment by a public body of whether civil or criminal

proceedings, or regulatory action pursuant to any enactment, would be

justified.

Defence and Security


communicate information, where to do so would, or would be likely to, cause serious

prejudice to the defence or national security of [insert name of State].

Public Economic Interests

31. (1) A body may refuse to indicate whether or not it holds a record, or refuse

to communicate information, where to do so would, or would be likely to, cause

serious prejudice to the ability of the government to manage the economy of

[insert name of State].

(2) A body may refuse to indicate whether or not it holds a record, or

refuse to communicate information, where to do so would, or would be likely

to, cause serious prejudice to the legitimate commercial or financial interests

of a public body.

(3) Sub-sections (1) or (2) do not apply insofar as the request relates to

the results of any product or environmental testing, and the information

concerned reveals a serious public safety or environmental risk.


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Policy Making and Operations of Public Bodies

32. (1) A body may refuse to indicate whether or not it holds a record, or

refuse to communicate information, where to do so would, or would be likely

to:(a) cause serious prejudice to the effective formulation or development of

government policy;

(b) seriously frustrate the success of a policy, by premature disclosure of

that policy;

(c) significantly undermine the deliberative process in a public body by

inhibiting the free and frank provision of advice or exchange of views;

or

(d) significantly undermine the effectiveness of a testing or auditing

procedure used by a public body.

(2) Sub-section (1) does not apply to facts, analyses of facts, technical

data or statistical information.

Time Limits

33. (1) The provisions of sections 2631 apply only inasmuch as the harm

they envisage would, or would be likely to, occur at or after the time at which

the request is considered.

(2) Sections 27(c), 29, 30 and 31 do not apply to a record which is more than

30 years old.

PART V: THE INFORMATION COMMISSIONER

Appointment of the Information Commissioner

34. (1) The Commissioner shall be appointed by the [insert head of State] after

nomination by a two-thirds majority vote of [insert name of legislative body or

bodies], and after a process in accordance with the following principles:(a) participation by the public in the nomination process;


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(b) transparency and openness; and

(c) the publication of a shortlist of candidates.

(2) No-one may be appointed Commissioner if he or she:

(a) holds an official office in, or is an employee of a political party, or holds

an elected or appointed position in central or local government; or

(b) has been convicted, after due process in accordance with

internationally accepted legal principles, of a violent crime and/or a

crime of dishonesty or theft, for which he or she has not been

pardoned.

(3) The Commissioner shall hold office for a term of seven years, and may

be re-appointed to serve a maximum of two terms, but may be removed by

the [insert head of State] upon a recommendation passed by a two-thirds

majority vote of [insert name of legislative body or bodies].

Independence and Powers

35. (1) The Commissioner shall enjoy operational and administrative

autonomy from any other person or entity, including the government and any

of its agencies, except as specifically provided for by law.(2) The Commissioner shall have all powers, direct or incidental, as are

necessary to undertake his or her functions as provided for in this Act,

including full legal personality, and the power to acquire, hold and dispose of

property.

Salary and Expenses

36. The Commissioner shall be paid a salary equal to the salary of a judge of theSupreme Court [or insert name of appropriate court] and is entitled to be paid

reasonable travel and living expenses incurred in the performance of his or her

duties.

Staff

37. The Commissioner may appoint such officers and employees as arenecessary to enable him or her to perform his or her duties and functions.


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General Activities

38. In addition to any other powers and responsibilities provided for in this Act, the

Commissioner may:

(a) monitor and report on the compliance by public bodies with their

obligations under this Act;

(b) make recommendations for reform both of a general nature and

directed at specific public bodies;

(c) co-operate with or undertake training activities for public officials on the

right to information and the effective implementation of this Act;

(d) refer to the appropriate authorities cases which reasonably disclose

evidence of criminal offences under this Act; and

(e) publicise the requirements of this Act and the rights of individuals under

it.

Reports

39. (1) The Commissioner shall, within three months after the termination of

each financial year, lay before [insert name of legislative body or bodies] an

annual report on compliance by public bodies with this Act, the activities of his

or her office and audited accounts of the office during that financial year.

(2) The Commissioner may from time to time lay before [insert name of

legislative body or bodies] such other reports as he or she deems appropriate.

Protection of the Commissioner

40. (1) No criminal or civil proceedings lie against the Commissioner, or against

any person acting on behalf of or under the direction of the Commissioner, for

anything done, reported or said in good faith in the course of the exercise of any

power or duty under this Act.

(2) For the purposes of the law of libel or slander, anything said or any

information supplied pursuant to an investigation under this Act is privileged,

unless that information is shown to have been said or supplied with malice.


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PART VI: ENFORCEMENT BY THE COMMISSIONER

Complaint to the Commissioner

41. A person who has made a request for information may apply to the

Commissioner for a decision that a public or private body has failed to comply

with an obligation under Part II, including by:

(a) refusing to indicate whether or not it holds a record, or to communicate

information, contrary to section 4;

(b) failing to respond to a request for information within the time limits

established in section 9;

(c) failing to provide a notice in writing of its response to a request for

information, in accordance with section 10;

(d) failing to communicate information forthwith, contrary to section 10(3);

(e) charging an excessive fee, contrary to section 11; or

(f) failing to communicate information in the form requested, contrary to

section 12.

Complaint Decision

42. (1) The Commissioner shall, subject to sub-section (2), decide an

application under section 41 as soon as is reasonably possible, and in any

case within 30 days, after giving both the complainant and the relevant public

or private body an opportunity to provide their views in writing.

(2) The Commissioner may summarily reject applications:

(a) which are frivolous, vexatious or clearly unwarranted; or

(b) where the applicant has failed to use any effective and timely internal

appeals mechanisms provided by the relevant public or private body.

(3) In any application under section 41, the burden of proof shall be on the

public or private body to show that it acted in accordance with its obligations

under Part II.

(4) In his or her decision pursuant to sub-section (1), the Commissioner

may:

(a) reject the application;


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(b) require the public or private body to take such steps as may be

necessary to bring it into compliance with its obligations under Part II;

(c) require the public body to compensate the complainant for any loss or

other detriment suffered; and/or

(d) in cases of egregious or wilful failures to comply with an obligation

under Part II, impose a fine on the public body.

(5) The Commissioner shall serve notice of his or her decision, including

any rights of appeal, on both the complainant and the public or private body.

Direct Implementation of Decision

43. (1) The Commissioner may, after giving a public body an opportunity to

provide their views in writing, decide that a public body has failed to comply

with an obligation under Part III.

(2) In his or her decision pursuant to sub-section (1), the Commissioner

may require the public body to take such steps as may be necessary to bring

it into compliance with its obligations under Part III, including by:

(a) appointing an information officer;

(b) publishing certain information and/or categories of information;(c) making certain changes to its practices in relation to the keeping,

management and destruction of records, and/or the transfer of records

to the [insert relevant archiving body, such as the Public Archives];

(d) enhancing the provision of training on the right to information for its

officials;

(e) providing him or her with an annual report, in compliance with section

21; and/or

(f) in cases of egregious or wilful failures to comply with an obligation

under Part III, paying a fine.

(3) The Commissioner shall serve notice of his or her decision, including

any rights of appeal, on the public body.


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Commissioners Powers to Investigate

44. (1) In coming to a decision pursuant to section 42 or 43, the Commissioner

shall have the power to conduct a full investigation, including by issuing

orders requiring the production of evidence and compelling witnesses totestify.

(2) The Commissioner may, during an investigation pursuant to sub-

section (1), examine any record to which this Act applies, and no such record

may be withheld from the Commissioner on any grounds.

Appeal from Commissioners Decisions and Orders

45. (1) The complainant, or the relevant public or private body, may, within 45

days, appeal to the court for a full review of a decision of the Commissioner

pursuant to section 42 or 43, or an order pursuant to section 44(1).

(2) In any appeal from a decision pursuant to section 42, the burden of

proof shall be on the public or private body to show that it acted in accordance

with its obligations under Part II.

Binding Nature of Commissioners Decisions and Orders

46. Upon expiry of the 45-day period for appeals pursuant to section 45, the

Commissioner may certify in writing to the court any failure to comply with a decision

pursuant to section 42 or 43, or an order pursuant to section 44(1), and the court

shall consider such failure under the rules relating to contempt of court.

PART VII: WHISTLEBLOWERS

Whistleblowers

47. (1) No one may be subject to any legal, administrative or employment-

related sanction, regardless of any breach of a legal or employment obligation,

for releasing information on wrongdoing, or that which would disclose a serious

threat to health, safety or the environment, as long as they acted in good faith


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and in the reasonable belief that the information was substantially true and

disclosed evidence of wrongdoing or a serious threat to health, safety or the

environment.

(2) For purposes of sub-section (1), wrongdoing includes the commission of

a criminal offence, failure to comply with a legal obligation, a miscarriage of

justice, corruption or dishonesty, or serious maladministration regarding a public

body.

PART VIII: CRIMINAL AND CIVIL RESPONSIBILITY

Good Faith Disclosures

48. No one shall be subjected to civil or criminal action, or any employment

detriment, for anything done in good faith in the exercise, performance or purported

performance of any power or duty in terms of this Act, as long as they acted

reasonably and in good faith.

Criminal Offences

49. (1) It is a criminal offence to wilfully:

(a) obstruct access to any record contrary to Part II of this Act;

(b) obstruct the performance by a public body of a duty under Part III of

this Act;

(c) interfere with the work of the Commissioner; or

(d) destroy records without lawful authority.

(2) Anyone who commits an offence under sub-section (1) shall be liable

on summary conviction to a fine not exceeding [insert appropriate amount]

and/or to imprisonment for a period not exceeding two years.


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PART IX: MISCELLANEOUS PROVISIONS

Regulations

50. (1) The Minister may, by notice in the Gazette [or insert name of

appropriate publication] and after consultation with the Commissioner make

regulations regarding:

(a) additional forms of communication of information under section 12(2);

(b) training of officials under section 20;

(c) reports to the Commissioner under section 21;

(d) any notice required by this Act; or(e) any administrative or procedural matter necessary to give effect to this

Act.

(2) Any regulation under sub-section (1) must, before publication in the

Gazette, be laid before [insert name of legislative body or bodies].

Interpretation51. When interpreting a provision of this Act, every court must adopt any

reasonable interpretation of the provision that best gives effect to the right to

information.

Short Title and Commencement

52. (1) This Act may be cited as the Right to Information Act [insert relevant

year].

(2) This Act shall come into effect on a date proclaimed by [insert relevant

individual, such as president, prime minister or minister] provided that it shall

automatically come into effect six months after its passage into law if no

proclamation is forthcoming.


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COMPARISON WITH OTHER COUNTRIES

The USA Act

The United States enacted a Freedom of Information Act (FOIA) in 1966 and

introduced amendments in 1974 and 1986. This Act is applicable to government

agencies. Agencies under the act include the whole executive arm of the state as

well as military department, government corporations and government controlled

corporations and any independent regulatory agency.

The Act begins with the obligation on the government agencies to publish (in

the Federal Register) information about the organization of the agency; functions;

procedure; the persons/officials from whom information can be collected; the

availability of forms; the scope of information available; the substantive rules and

statements of general policy or interpretations of general applicability adopted by the

agency and amendments thereof.

The agencies are obligated to provide records not included in the above

categories, upon request, which reasonably describes the record. The right to make

a request lies with any person, i.e., any legal entity like an individual, private

corporation etc. The request has to be in accordance with the rules in place

regarding time, place, fees and procedure to be followed. The regulations have to be

made by each agency and framed pursuant to notice and receipt of public comments

thereon. It must include a schedule of the fees and the guidelines to determine the

waiver or reduction of the fees.

The Act contains minimum tests for fees. Fees have to be limited to

reasonable standard charged for search, duplication and review when requested for

commercial use. This is limited to reasonable charges for duplication only when

request is by educational or scientific institution, for scholarly or scientific research;

or by representative of the news media. For any other kind of request, reasonable

standard charges for document search and duplication is the norm.


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Time period for compliance with a request is ten (10) days from receipt of the

request. Decision will be notified immediately to the requestor with reasons. In case

of refusal, it must mention the right to the requester to appeal to the head of the

agency and the names and titles/positions of the person responsible for the denial.

The time limit is extendable with notice and reason but only for a maximum of 10

more days. Such extension is allowed for search and consultation time.

The first appeal lies to the head of the agency and has to be determined

within twenty (20) days from the date of receipt of the appeal. From this

departmental appeal lies the right of judicial review by the District Court. The court

can be approached directly, in case of no response on the request within twenty

days or if the decision of the departmental appeal is not given within twenty days.

Additional time is given for review of the request by the court after retaining

jurisdiction if the government can show existence of exceptional circumstance and

due diligence of the agency in responding to the request.

The United States like other developed countries enacted laws such as the

Freedom of Information Act 1966,which allow individuals to access records of

government agencies in order to ascertain the proper functioning of such agencies.

The Freedom of Information Act like our own Right to Information Act provides for a

specific time period within which applications made under the act must be complied

with. The Freedom of Information of Act provides that only a reasonable fee for

compiling with the request for information shall be levied on the citizen. Similarly the

Right to Information Act also provides for a prescribed fee that will be levied on the

citizen making an application for information.

Freedom of Information Act, which expressly provides for the District courts in

the US to exercise the power of judicial review in case of non-response from the

authorities established under the act or by way of appeal from such authority. The

power of judicial review though not expressly provided under the Act is inherent, as

this power has been given to them by the Constitution.


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IMPACT OF THE NEW LAW

Now that the statute requires information about the pendency of the

applications, reasons as to why they are not disposed of or the reasons behind the

rejection of an application, there is bound to be improvement in the efficiency of the

departments. As of now, the only supervision of efficiency is supervision that is made

by the superior officers at the time of reviewing the employees work and while

recording comments in the annual confidential reports or ACRs. This process has

not proved successful and though it may be continued, still the threat of a

Designated official calling for the relevant information at the instance of a citizen will

be a salutary check on the inefficiency of officers. It also checks lethargy or bad faith

or corrupt motives.

Another important aspect is that in India we have not given respect and

prominence to the rights of the individual Citizen. True democracy is impossible until

we recognize the majesty of the individual Citizen. If individual Citizens are

empowered to ensure greater accountability and transparency in governance, it can

bring about a major change. There has been no vehicle available for individual

citizens to impact the governance structure. In a system reeking with corruption and

becoming increasingly insensitive to the problems of the disadvantaged Citizenry,

the Right To Information has shown promise of empowering Citizens to get

accountability and act as an enforcer of good governance.

The overall impact of these decisions has been to establish clearly that the

right to freedom of information, or the public's right to know, is embedded in the

provisions guaranteeing fundamental rights in the Constitution. Various Indian laws

provide for the right to access information in specific contexts. Section 76 of the

Indian Evidence Act, 1872, contains what has been termed a 'Freedom of

Information Act in embryonic form'. This provision requires public officials to provide

copies of public documents to anyone who has a right to inspect them.


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The Factories Act, 1948, provides for compulsory disclosure of information to

factory workers "regarding dangers including health hazards and the measures to

overcome such hazards", arising from their exposure to dangerous materials. While

this is an excellent provision, in practice it is violated with impunity. The Environment

(Protection) Act 1986, and the Environmental Impact Assessment Regulations

provide for public consultation and disclosure in various circumstances.


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EXAMPLE OF USE OF THE ACT

One of the simple and yet very powerful examples of use of the Right To

Information (RTI) I have heard is of a slum dweller that had learnt the use of the

Right To Information. When he applied for a new ration card, he was told that he

would have to give a bribe of Rs. 2000 to the officials to obtain it. Our friend, -a RTI-

empowered Citizen, - smiled, and applied for the ration card without offering any

bribes or groveling in front of the officials for pity. Our common Citizen had decided

to personally become the enforcer of good governance. He found out that the bribe-

givers got their ration cards in about four weeks. He waited for an extra four weeks,

and then applied for information under RTI. Using the simple format with an

application fee of Rs. 10, he delivered it to the Public Information Officer of the Food

and Supply office. He had asked up to, which date applications for ration cards had

been cleared, and the daily progress report of his application. This shook up the

corrupt officials, since the answer would reveal that they had given ration cards to

others who had applied after him, which would be conclusive evidence that they had

no justification for delaying his card. Happy ending: The Ration card was given to

him immediately. Our RTI-empowered Citizen had been able to enforce the majesty

of the Citizen by using RTI. This story has been repeated many thousand times in

getting a road repaired, getting an electricity connection, admissions in educational

institutions and so on.

RTI Stories : Gujarat

DFO Calls Danu to withdraw Application

Danubhai from South Gujarat has filed an application after attending the

training programme organized for volunteer. Nanu, volunteer of the campaign, and

belongs to tribal areas of South Gujarat. His application was about the budget

utilized for constructing a check dam, who was given the contract of construction,

what was the procedure followed etc. Earlier without RTI he had asked same

information, which was not given. He was also beaten up by the forest guard.


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later, in reply to his RTI application, he received a message from the forest

office, saying that, the money will be deposited back by the contractor. The officer

has also asked him to withdraw the RTI application. Here we share some of the

interesting incidences. Nanu is firm with his stand and has communicated back that

he will not withdraw the application.

Dhulabhia naai gets his land documents.

Dhulabhai Naai has piece of land as his ancesteral property. One fine day, he

came to know that his land has been transferred to another person without his

knowledge. His land costs in corers as on today. He asked for the documents

regarding the ownership and was denied of the same. Dhulabhai is physically

challenged person and had to face insulting behavior of the officers. Once RTI was

in place, he filed an RTI application asking why he was not given the documents.

Officer walked to his place with the documents. When Dhulabhai visited the office

again, officers talked with him in respect. Today, his land has been encroached by

some local people. But with all the documents in his hand, Dhulabhai is fighting for

getting his land back.


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RTI RESOURCES

Right to Information (RTI) in India related websites
http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/http://www.parivartan.com/http://www.humanrightsinitiative.org/programs/ai/rti/india/states/rajasthan.htmhttp://www.indiatogether.org/rti/http://rti.gov.in/http://persmin.nic.in/RTI/welcomerti.htmhttp://www.kabir.org.in/http://www.righttoinformation.org/


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STEPS TAKEN TO PROMOTE RTI

i. Transparency officers to be appointed within 30 days: The Central

Information Commission has directed all public authorities to appoint within 30

days senior officials as Transparency officers , who would act as a interface

between the commission people and public authorities. They shall be very

senior officials other than public information officers and appellate authorities

which are designated for replying to RTI applications and listening to appeals

against the replies .They are to be senior officials of the department who will

act as a interface between the commission and the Public authorities on one

hand and the public authorities and the people on the other hand.

ii. Not to reject RTI application without prescribed fees: The government has

asked all the ministries and departments not to reject the RTI applications

which are without the prescribed application fee of Rs 10. The Department of

Personnel and Training (Do PT) has asked all Central government ministries

to treat such applications "sympathetically". The officials have been asked to

take a sympathetic view and see if the applicant is needy by enquiring about

the person, and then waive the Rs 10 application fee. However, a final

decision by the concerned public information officer (PIO) will be binding. The

government has also asked all the departments to use the RTI logo make the

concept popular and earmark and identify PIOs and CPIOs appointed to

answer the RTI applicants.

iii. A drive by CIC to dispose over three months old cases: : The CIC has

launched a special drive to dispose the cases which are more than three

months old. He also said that about 55 percent cases before the CIC, as on30

Sep, 2010 were three months old and about 8 percent cases were more than

six months old.

iv. Divisional benches of State Information Commission in Maharashtra:-State

of Maharashtra is divided into five regions- Pune, Aurangabad, Nagpur,


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Konkan and Greater Mumbai. Each of these regions has a State Information

Commissioner (SIC) and a State Chief Information Commissioner (SCIC)

.SCIC is responsible for the general superintendence, direction and

management of the affairs of the SIC.

v. Kerala State Information Reporter:-A journal is bought out by the Kerala State

Information Commission consisting of all the orders, judgements and rulings

.Four issues of the journal are published in a year. This helps in informing the

public about the functioning of RTI and the commission.

vi. Online Mechanism:-The Central Information Commission has launched

an online mechanism enabling citizens to submit complaints and second

appeals anywhere and anytime.


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CRITICISMS

The Act has been criticized on several grounds. It provides for information on

demand, so to speak, but does not sufficiently stress information on matters related

to food, water, environment and other survival needs that must be given pro-actively,

or suo moto, by public authorities. The Act does not emphasize active intervention in

educating people about their right to access information -- vital in a country with high

levels of illiteracy and poverty -- or the promotion of a culture of openness within

official structures. Without widespread education and awareness about the

possibilities under the new Act, it could just remain on paper. The Act also reinforces

the controlling role of the government official, who retains wide discretionary powers

to withhold information.

The most scathing indictment of the Bill has come from critics who focus on

the sweeping exemptions it permits. Restrictions on information relating to security,

foreign policy, defence, law enforcement and public safety are standard. But the

Right to Information Act also excludes Cabinet papers, including records of the

council of ministers, secretaries and ot

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