RIGHT TO INFORMATION ACT, 2005
Salient Features of RTI Act, 2005
Statement of Objects and Reasons
Preamble of the Act
Important Provisions
- Section 1 – Short title, extent ant commencement
- Section 2 – Definitions 2(f) “information”
- 2(h) “public authority”
- 2(i) “record”
- 2(j) “right to information”
- 2(n) “third party”
RTI AND OBLIGATIONS OF PUBLIC AUTHORITIES ›
Sec. 3 – Right to Information
Sec. 4 – Obligations of Public Authorities
Sec. 5 – Designation of Public Information Officers ›Sec. 6 – Request for obtaining information
Sec. 7 – Disposal of Request
Sec. 8 – Exemption from disclosure of information ›Sec. 9 – Grounds for rejection to access in certain cases ›Sec. 10 – Severability
Sec. 11 – Third party information
THE CENTRAL INFORMATION COMMISSION
- Sec. 12 – Constitution of central Information Commission ?Sec. 13 – Term of office and conditions of service
- Sec. 14 – Removal of Chief Information Commissioner or Information Commissioner
THE STATE INFORMATION COMMISSION
- Sec.15 – Constitution of State Information Commission
- Sec. 16 – Term of office and conditions of service
- Sec. 17 – Removal of State Chief Information Commissioner or State Information Commissioner
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
- Sec. 18 – Powers and Functions of Commission
Salient Features of RTI Act, 2005
- Replaced Freedom of Information Act, 2002.
- RTI relaxes restrictions placed by Officials Secrets Act, 1923.
- 3 Levels – Public Information Officer, First Appellate Authority and
- State Information Commission (SIC).
- Time period for Public Expeditiously or within 30 receipt by public authority.
- Maximum time gap for 1st Appeal: 30 days since limit of supply of Information is expired.
- Time for Appellate Authority: Within 30 days or in exceptional 45 days in receipt by the public authority.
- Maximum time gap for 2nd Appeal: 90 days since limit of supply of information is expired.
- RTI act also asks for computerization and proactively publish Information.
- Bodies applicable under RTI: Constitutional bodies at Centre and State (Legislature, Executive, and Judiciary), bodies / NGOs owned / financed by government, privatized public utility companies.
- Bodies excluded under RTI: Central Intelligence and Security Agencies, agencies of State specified through notification. The exclusion is not absolute.
- Central Information Commission shall consists of: 1 Chief Information Commissioner and up to 10 Central Information Commissioner.
- The Chief Information Commissioner shall hold office for a term of fine years from the date on which he enters upon his office and shall not be eligible for re-appointment.
- The Act has 31 sections and 6 Chapters.
Statement of Objects and Reasons
- Ensure greater and more effective access to Information
- To make the Freedom of Information Act, 2002 more progressive
- To carry out important changes recommended by National Advisory Council.
- Important changes include:
- Establishment of Appellate Machinery with investigating powers to review decisions of PIO.
- Penal Provisions for failure to provide information.
- To ensure maximum disclosure and minimum exemptions.
- To Repeal the Freedom of Information Act, 2002.
- To recognize Right to Information ensured under Art. 19 of Constitution.