BUSINESS LAWAssignment

On

Right to information act

Vignan Jyothi Institute of Management

Submitted to

MR A. Srinivas Rao

Submitted by

P Thaneesh Kumar

Roll No : 10231

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Contents

Introduction ……………………………………………………………………………………………………………………………………….3

Freedom of Information Act 2002............................................................................................................4

Enactment (of Legislation in States)........................................................................................................4

Core Of The Bill........................................................................................................................................7

Salient Features Of The Bill......................................................................................................................8

Process.....................................................................................................................................................8

Exclusions..............................................................................................................................................10

Role of the Government.........................................................................................................................10

The Movement For Right To Information In India..................................................................................11

Impact on control of corruption.............................................................................................................11

The obligations of a Public Authority under the RTI Act.........................................................................13

Application form for submitting application under the right to information act....................................15

Format of application for seeking information under the right to information ACT-2005.....................16

Mainpointsofresolution………………………………………………………………………………………………17

conclusion……………………………………………………………………………………………………………………………………….18

References.............................................................................................................................................19

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Introduction

The Right to Information Act 2005 (RTI) is an Act of the Parliament of India. It is the

implementation of freedom of information legislation in India on a national level "to provide for

setting out the practical regime of right to information for citizens." 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 law. Under the provisions of the Act, any citizen may request information from a

"public authority" (a body of Government or "instrumentality of State") which is required to

reply expeditiously or within thirty days. The Act also requires every public authority to

computerize their records for wide dissemination and to proactively publish certain categories of

information so that the citizens need minimum recourse to request for information formally. This

law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005.

Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and

various other special laws, which the new RTI Act now relaxes.

RTI stands for Right To Information. Right to Information is a part of fundamental rights

guaranteed by the Constitution of India, which says that every citizen has freedom of speech and

expression. Our Supreme Court in some case held that people cannot speak or express

themselves unless they know. Therefore, right to information is embedded in Constitution.

India is a democratic nation wherein People are the masters. Therefore, the masters have a right

to know how the governments, meant to serve them, are functioning. Besides that every citizen

pays taxes either direct or indirect therefore, has a right to know how their money was being

spent. These three principals were laid down by the Supreme Court while saying that RTI is a

part of our fundamental rights. Though RTI is fundamental right and the citizens of India are

masters of this country the public authority never used to reveal the information to the citizens so

easily. Therefore we needed machinery or a process through which we can exercise this

fundamental right hence with this object the Right to Information Act 2005 came into existence

which provides that existence. Therefore, Right to Information Act does not give us any new

right. It simply lays down the process on how to apply for information, where to apply, how

much fees etc. The first time in the history of independent India, there is a law which casts a

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direct accountability on the officer for non-performance. If concerned officer does not provide

information in time, a penalty of Rs 250 per day of delay can be imposed by the Information

Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be

imposed. A penalty can also be imposed for providing incomplete or for rejecting your

application for malafide reasons. This fine is deducted from the officer's personal salary.

Background: Disclosure of Government Information in India is governed by a law enacted

during the British rule over large parts of what is now India, the Official Secrets Act of 1889

which was amended in 1923. This law secures information related to security of the State,

sovereignty of the country and friendly relations with foreign states, and contains provisions

which prohibit disclosure of non-classified information. Civil Service conduct rules and the

Indian Evidence Act impose further restrictions on government officials' powers to disclose

information to the public.

Freedom of Information Act 2002

Passage of a national level law, however, proved to be a difficult task. Given the experience of

state governments in passing practicable legislation, the Central Government appointed a

working group under H. D. Shourie and assigned it the task of drafting legislation. The Shourie

draft, in an extremely diluted form, was the basis for the Freedom of Information Bill, 2000

which eventually became law under the Freedom of Information Act, 2002. This Act was

severely criticized for permitting too many exemptions, not only under the standard grounds of

national security and sovereignty, but also for requests that would involve "disproportionate

diversion of the resources of a public authority". There was no upper limit on the charges that

could be levied. There were no penalties for not complying with a request for information. The

FoI Act, consequently, never came into effective force.

Enactment (of Legislation in States)

The doomed FoI Act led to sustained pressure for a better National RTI enactment. The first

draft of the Right to Information Bill was presented to Parliament on 22 December 2004. After

intense debate, more than a hundred amendments to the draft Bill were made between December

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2004 and 15 June 2005, when the bill finally passed. The Act came fully into effect on 12

October 2005. Inspired and encouraged by the exercises taken up by the Press Council of India,

Working Group and the Central Government, the State Governments also yielded under popular

pressure and started preparing draft legislation on Right to Information. A number of States have

already introduced the Bill on Right to Information, before the Freedom of Information Bill,

2000 introduced in the Lok Sabha on July 25 this year.

As per clause (18), the Bill, 2000 empowers the State Government to make rules to carry out the

provisions of the Act. The matters in respect of which such rules may be made are specified

therein. These matters relate to,inter alia, the fee payable to obtain information from any

organization, the authority to be prescribed before which appeal may be preferred against the

decision of the Public Information Officer and any other matter which is required to be

prescribed.

In this context, Tamil Nadu was the first State to set an example by introducing the Right to

Information Act on 17 April 1996. Chief Minister, M. Karaunanidhi lost no time in introducing

the legislation to ensure access to information about government administration. The Bill was

modeled on a draft legislation recommended by the Press Council of India. The enshrinement of

the Right to Information in a statute as proposed in Tamil Nadu is not clear as to how the

proposed act will apply to Panchayat Unions, Municipalities and Panchayat. The enacted

legislation was full of exemptions and inadequacies, so it has failed to evoke much response

from the public and devoted NGOs and other concerned activists. "Frontline" editor N. Ram

observed that the Tamil Nadu legislation, in its prelude, made all the right noises. It was the

catalogue of exceptions carried in fine print that made the act an uninspiring model for others to

emulate.

Goa was the second State to enact the Right to Information legislation. Information Minister

Dominic Fernandez invited the opinion of the Union of journalists as well as several NGOs.

Before the bill was introduced in the House for consideration, he also took the other necessary

measure to withdraw the unpopular circular. It was issued in Oct 1994 by the State government,

preventing bureaucrats from divulging information to the press. Despite tall claims made by the

State government regarding transparency and openness to strengthen democracy, Goa Act also

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ironically contains several peculiar provisions, which allow the State to withhold information

without sustaining reasons for it. The Act needs further clarification on the vague exemptions

mentioned in it. It was also not clear as to who would be the competent authority to furnish the

information.

Before the bill was introduced in the Madhya Pradesh Assembly, however, in certain places like

Bilaspur and Korba, the local authorities acquired the access to information. The Divisional

Commissioner, Bilaspur initiated in the matter of the Public Distribution System that the citizens

were allowed the access to details of food-grains and commodities allotted to their areas and

their distribution. The scheme was not only restricted to Public Distribution System, it was also

extended to development programmes and pollution awareness. It was observed that the Right to

Information has considerably reduced black-marketing and corruption in public distribution

system. Moreover, in polluted areas like Korba, the sharing of information on pollution level has

raised public consciousness. As a result, officials have become careful about monitoring and

controlling pollution level. Chief Minister Digvijay Singh introduced the Right to Information

Bill, 1998. The Bill aimed at providing transparency in the administration. It was passed by the

Madhya Pradesh Assembly on April 30 the same year.

The grass root movement led by MKSS compelled the Rajasthan Government to act in the

direction to prepare the Right to Information bill. The chief Minister assured in the state

assembly in 1995 that the Government was willing to grant the Right to Information as a basic

right to the citizens and any person could obtain photocopies (on payment of prescribed fee) of

any document relating to development works undertaken in the previous five years. The

assurance was not made good for almost a year. Meanwhile, the other sister organizations also

joined hands with MKSS to start an agitation on a large scale and declared an indefinite strike. It

was called off when a high level committee was appointed to work out the modalities of how

photocopies could be provided in relation to the order issued on April 6, 1996.

In Karnataka, access to information was existing through the Karnataka Freedom of Press Bill

1983. The essential features of the legislation were (i) immunity to a journalist from disclosure of

the source of information (ii) right to access to public documents and (iii) penalty for causing

hurt to a journalist on duty. The storm wind of the Right to Information legislation reached

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Karnataka also. The State government’s irrigation department took a revolutionary step of

making the minute details such as tender awarding of a contract, money allocated and

expenditure, available to the public. The two-day seminar jointly organized by the State

government Publicity Information Department and CHRI provide the platform to social activists,

politicians and press people to think jointly over the Right to Information. By this exercise, the

government agreed to introduce the demanded Bill. The state of Karnataka attempted to initiate

the weak law.

The Maharashtra government also passed the Right to Information Bill. The legislation will

empower the citizens with the Right to Information about various government schemes, their

stages of implementation and other details.

Meanwhile the other States Delhi, Gujarat and Kerala have also decided to introduce the Right to

Information Bill in their respective assemblies.

What Rights Are Available Under Rti Act 2005

Right to information act 2005 empowers every citizen to

Request any information (as defined).

Take copies of documents.

Inspect documents, works and records.

Take certified samples of materials of work.

Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes 'or in any

other electronic mode' or through printouts.

Core Of The Bill

The core of the Bill is clause 3 which says:

i. every citizen shall have the Right to Information from public body;

ii. it shall be the duty of the public body to maintain all records duly catalogued and

indexed;

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iii. The public body shall be under a duty to make available to the person requesting

information, as it is under an obligation to obtain and furnish and shall not

withhold any information or limit its availability to the public except the

information specified in Clause 4.

iv. All individuals whether citizens or not, shall have the right to such information

that affects their life and liberty.

Salient Features Of The Bill

The salient features of the Bill were :-

i. When enacted, it will also apply to State governments over riding State

legislations to the extent they clash with the Central legislation;

ii. A fee would be paid by the citizen while seeking information from Government,

and the officer or the department concerned can be held responsible and taken to a

Consumer Court for not providing the information within the prescribed time

limit of 30 days;

iii. Every Government department should appoint a Public Information Officer for

this purpose;

iv. Section 5 of the Official Secrets Act should be suitably amended to make it easier

for a citizen to obtain official information, and information can be withheld only

in respect of especially ‘exempted’ items;

v. Clauses 123 and 124 of the Indian Evidence Act which inhibit public officials

from submitting information to Courts, should be suitably amended, and

vi. The basis and the procedure for classification of official documents (as ‘top

Secret’, ‘Secret’ and ‘confidential’) should be suitably amended so that

availability of information to the public becomes the rule rather than the

exception.

Process

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any

person may submit a request to the PIO for information in writing. It is the PIO's obligation to

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provide information to citizens of India who request information under the Act. If the request

pertains to another public authority (in whole or part) it is the PIO's responsibility to

transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In

addition, every public authority is required to designate Assistant Public Information Officers

(APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority.

The citizen making the request is not obliged to disclose any information except his name and

contact particulars.

The Act specifies time limits for replying to the request.

If the request has been made to the PIO, the reply is to be given within 30 days of receipt.

If the request has been made to an APIO, the reply is to be given within 35 days of

receipt.

If the PIO transfers the request to another public authority (better concerned with the

information requested), the time allowed to reply is 30 days but computed from the day

after it is received by the PIO of the transferee authority.

Information concerning corruption and Human Rights violations by scheduled Security

agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days

but with the prior approval of the Central Information Commission.

However, if life or liberty of any person is involved, the PIO is expected to reply within

48 hours.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either

denying the request (in whole or part) and/or providing a computation of "further fees". The time

between the reply of the PIO and the time taken to deposit the further fees for information is

excluded from the time allowed.

If information is not provided within this period, it is treated as deemed refusal. Refusal with or

without reasons may be ground for appeal or complaint. Further, information not provided in the

times prescribed is to be provided free of charge. For Central Departments as of 2006, there is a

fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for each hour of

inspection after the first hour. If the applicant is a Below Poverty Card holder, then no fee shall

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apply. Such BPL Card holders have to provide a copy of their BPL card along with their

application to the Public Authority. States Government and High Courts fix their own rules.

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW,

Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic

Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research

Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service

Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and

Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State

Governments through a Notification will also be excluded. The exclusion, however, is not

absolute and these organizations have an obligation to provide information pertaining to

allegations of corruption and human rights violations. Further, information relating to allegations

of human rights violation could be given but only with the approval of the Central or State

Information Commission.

Role of the Government

Section 26 of the Act enjoins the central government, as also the state governments of the Union

of India (excluding J&K), to initiate necessary steps to:

Develop educational programs for the public especially disadvantaged communities on RTI.

Encourage Public Authorities to participate in the development and organization of such

programs.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a User Guide for the public in the respective official language.

Publish names, designation postal addresses and contact details of PIOs and other

information such as notices regarding fees to be paid, remedies available in law if request is

rejected etc.

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The Central Government, State Governments and the Competent Authorities as defined in

S.2(e) are vested with powers to make rules to carry out the provisions of the Right to

Information Act, 2005. (S.27 & S.28)

If any difficulty arises in giving effect to the provisions in the Act, the Central Government

may, by Order published in the Official Gazette, make provisions necessary/expedient for

removing the difficulty. (S.30)

The Movement For Right To Information In India

In the space of less than a decade, the burgeoning movement for the right to information in India

has significantly sought to expand democratic space, and empower the ordinary citizen to

exercise far greater control over the corrupt and arbitrary exercise of state power. The right to

information is implicit in the Constitution of India; even so the dominant culture of the executive

has been one of secrecy and resolute denial of access of information to the citizen. Citizens

groups have long battled for the exercise of these rights in courts. The movement for the right to

information received a fresh impetus from a courageous and powerful grassroots struggle of the

rural poor for the right to information, to combat rampant corruption in famine relief works. This

struggle was led by a people’s organization, the Mazdoor Kisaan Shakti Sangathan (which

literally means ‘organization for the empowerment of workers and peasants’). The reverberations

of this struggle led to a nationwide demand for a law to guarantee the right to information to

every citizen, with widespread support from social activists, professionals, lawyers, and persons

within the bureaucracy, politics and the media, who are committed to transparent and

accountable governance and people’s empowerment. Three successive federal governments in

quick succession have committed themselves to the passage of a law to guarantee the people’s

right to information and some state governments have actually passed such laws and

administrative instructions.

Impact on control of corruption

The cumulative impact on control of corruption and the arbitrary exercise of power, of the

availability of such information to the citizen, would be momentous. This information would

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include, for example in the context of maximum interface of the ordinary citizen with

government, the following:

• All estimates, sanctions, bills, vouchers and muster rolls (statements indicating attendance and

wages paid to all daily wage workers) for all public works.

• Criterion and procedure for selection of beneficiaries for any government programme, list of

applicants and list of persons selected.

• Per capita food eligibility and allotments under nutrition supplementation programmes, in

hospitals, welfare and custodial institutions.

• Allotments and purchase of drugs and consumable in hospitals

• Rules related to award of permits, licenses, house allotments, gas, water and electricity

connections, contracts, etc., list of applicants with relevant details of applications, and list of

those selected, conditions of award if any

• Rules related to imposition of taxes such as property tax, stamp duty, sales tax, income tax, etc.,

copies of tax returns, and reasons for imposition of a particular level of tax in any specific case.

• Copies of all land records. • Statements of revenue, civil and criminal case work disposal

• Details of afforestation works, including, details of land/sites, species and numbers of plants,

expenditure on protection

• List of children enrolled and attending school, availing of scholarships and other facilities

• Rules related to criterion and procedure for selection of persons for appointment in

government, local bodies or public undertakings, copy of advertisement and/or references to

employment exchange, list of applicants with relevant details, and list of beneficiaries elected.

• Prescribed procedures for sending names from employment exchanges, relevant details of

demands from prospective employers, list of candidates registered and list referred to specific

employers.

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• Rules related to criterion and procedure for college admission, list of applicants with relevant

details, and list of persons selected.

• Copies of monthly crime report.

• Details of registration and disposal of crimes against women, tribal’s and dalits (literally the

oppressed, groups traditionally subjected to severe social disabilities) and other vulnerable

groups, crimes committed during sectarian riots and corruption cases.

• Number and list of persons in police custody, period of and reasons for custody.

• Number and list of persons in custodial institutions including jails, reasons for and length of

custody, details of presentation before courts etc.

• Mandatory appointment of visitors committees to every custodial institution, with full access

and quasi-judicial authority to enquire into complaints.

• Air and water emission levels and content with regard to all manufacturing units, coupled with

the right of citizens’ committees to check the veracity of these figures; copies also of levels

declared safe by government authorities, to be published and made available on demand.

IN TOTAL WE CAN SAY THAT THIS ACT WILL REDUCE THE CORRPUTION.

The obligations of a Public Authority under the RTI Act

The Public Authority has certain obligations under the RTI Act 2005:

1. It shall publish within one hundred and twenty days of the enactment (by end oct 2005)

The particulars of its organization, functions 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 its functions;

The rules, regulations, instructions, manuals and records used by its employees for

discharging its functions;

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A statement of the categories of the documents held by it or under its 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 public, or 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, indicating the particulars of all plans,

proposed expenditures and reports on disbursements made;

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

1. It must designate as many cpio's or spio's in all administrative units and offices under it.

2. It must designate capio's or sapio's at each sub-divisional level or sub-district level to

receive applications or appeals

3. Submit a annual report to the controlling ministry or department, giving the following

details:

The number of requests made to each public authority;

The number of decisions where applicants were not entitled to access to the documents

pursuant to the requests, the provisions of this act under which these decisions were made

and the number of times such provisions were invoked;

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The number of appeals referred to the central information commission or state

information commission, as the case may be, for review, the nature of the appeals and the

outcome of the appeals;

Particulars of any disciplinary action taken against any officer in respect of the

administration of this act;

The amount of charges collected by each public authority under this Act;

Any facts which indicate an effort by the public authorities to administer and implement

the spirit and intention of this Act;

Application form for submitting application under the right to information act

To

Name

Name of the Unit,

Central Bureau of Investigation

(Complete postal address)

Sub: Information under the Right to Information Act, 2005

Sir,

I am sending herewith an application seeking information under the Right to

Information Act, 2005 as per particulars furnished below:-

Name :

Postal Address :

Telephone No. :

Mobile Phone No.

Date :

*Subject of information

Sought and department concerned :

Application Fee : Rs.10/- (Rs. Ten Only)

Mode of payment : Cash, Demand Draft, Banker’s Cheque/IPO

Date

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DD/Banker’s cheque should be payable to -------------------------------------------------------

New Delhi.

Date of receipt

*Add pages if needed

Signature of applicant

Format of application for seeking information under the right to information

ACT-2005

Application ID No. : IITR/MS/RTI-

(For official use)

To

----------------------------------------------

The Public Information Officer/ Asstt. Public Information Officer,

Indian Institute of Technology Roorkee

1. Name of the Applicant: ___________________________________

2. Address ___________________________________

___________________________________

3. Particulars of information

(a) Concerned Office/Department :____________________________

(b) Particulars of information required _________________________

(i) Details of information required: _________________________

(ii) Period for which information asked for: _________________

(iii) Other details _________________________________________

4. Format in which information is required:

5. Mode of delivery expected (ordinary post, speed post, by courier, by hand, through internet or

e-mail, by fax etc.). Additional fee may be charged to cover the cost of delivery.

6. The information can be furnished within 30 days as prescribed under Section 6 (1)/ the

information sought for concerns my life and liberty, therefore the information may be furnished

to me within 48 hours (Please delete the inapplicable portion).

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7. Without prejudice to my rights under the RTI Act 2005, to facilitate faster retrieval of

information, I would like to state that the information could be available in………………………

(please indicate the name of concerned Office/Department of the Institute).

8. I state that the information sought does not fall within the restrictions contained in section 8

and 9 of the Act and to the best of my knowledge it pertains to your office.

9. I also state that I am a citizen of India and I am eligible to seek information under the Right to

Information Act 2005.

10. (i) A fee of Rs.__________________ has been deposited in the

Finance & Accounts Office of the Institute vide Receipt

No. ________________ dated_______________, or

(ii) A Postal Order/Bank Draft No. _________________ dated

_____________ is enclosed, or

(iii) The applicant is not liable to pay any fee because he/she is

below the poverty line (proof is attached).

(Please tick one and delete the remaining two options)

Place:

Date:

(Name & Signature)

Postal Address:____________________

____________________

____________________

E-mail address:____________________

Tel No.____________________

Main Points of Resolution

i. The Right to Information should also be extended in respect of companies, NGOs

and international agencies whose activities are of a public nature and have a direct

bearing on public interest.

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ii. The law must contain strong, penal provisions against willful and wanton

withholding or delay in supplying information or deliberately supplying

misleading or inaccurate information.

iii. The law should contain an appeal mechanism of an independent nature to provide

reliable redress to any citizen dissatisfied with any decision of a public authority

under this law. In the present draft Bill, all appeals are to other Government

authorities.

iv. The categories of information, which can be restricted or withheld by the

Government, are too wide in the draft Bill. In particular, the restriction on

disclosing internal nothings and official correspondence between public officials

and offices has no justification whatsoever. In a democracy, people have the right

to know how and why a particular decision has been arrived at and who made

what recommendations with what justification. We do not support the view that

this will deter candor in the expression of views of public servants. Honest public

servants expressing their opinions honestly cannot be deterred by the knowledge

that their opinions will become known to the people.

v. Similarly the restriction on confidential communications between the State and

Centre and their agencies have no justification, unless they harm public interest.

vi. The restriction on disclosure of the record of discussions of Secretaries and other

public servants also needs to be removed.

Conclusion

The Right to information is a sine quo non of democratic polity. Information always empowers

people and ensures transparency of administration .But people’s access to information is very

limited because of the fact that mechanism is not so effective and man’s brain deliberatively

holds back information. The Right to Information Act 2005 seems to be an effective legislation

but what about its effective implementation. And it requires aware and educated people who can

use it for their welfare. So government first needs to ensure that a majority of population

becomes educated so that this act may survive for a longer period and serve the deprived and

poor people of this country. Also a high order Judicial Activism is also necessary regarding the

implementation. If it succeeds in its purpose it will necessarily increase public participation.

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References

www.articlesbase.com/regulatory-compliance-articles/right-to-information-act-india-

3877321.html#ixzz1BYX1oSYL

Www.wiki.answers.comWhen_was_The_Right_to_Information_Act_passed#ixzz1BYXby5Pv

www.rti.gov.in

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