IMPORTANT FEATURES OF

RTI ACT

Following are some important features of Right To

Information Act 2005 :

1. Information (Section 2(f):

"information" means any material in any form, including records, documents, memos, emails, 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

3. Right To Information 2(i):

right to information accessible under this Act which is

held by or under the control of any public authority and
includes the right to:

a.

inspection of work, documents,

records

b.

taking notes, extracts or certified

copies of documents or records

c.

taking certified samples of

material

d. obtaining information in the form of diskettes, floppies, tapes,

video cassettes or in any other electronic mode or through printouts
where such information is stored in a computer or in any other device

4. Third Party 2(n)

a person other than the citizen making a request for information and
includes a public authority, it is immaterial whether that person or
authority is directly connected to the sought information or not.

5. Limited to the citizen to avail the

information (Section 3):

According to Section 3 of RTI Act only citizen of India is eligible to file the
application for any information subject to this Act. it should be accepted
as a personal application on the behalf of that name of the person
mentioned in the RTI Application.

6. Mandatory to maintain the specified information

by applying suo motu action (Section 4):

Categories of documents
that are held by it or under
its control; Decision making
process; Allocated budgets;
info about Subsidies and its
beneficiaries and etc which
has to be updated in regular
interval by applying suo
motu action subject to
Section 4(2).

7. Central, or State Public

Information Officers- Section
5(1):

Central, or State Public

information officers, as the
case may be, to
disseminate the information
sought by the citizen
(Rights given under Section
3).

8. Central, or State,
Assistant Public Information
Officers- Section 5(2):

Information Officers
(SAPIO), as the case may
be, to receive the RTI
application and forwarded
the same to the Public
Information Officer
Appellate Authority or as
well as Central or State
Commissioner as the case
may be within a five days.

9. Transfer of application to
the another public
authority- Section (6(3):

application or such part of it

as may be appropriate to
that other public authority
and inform the applicant
immediately about such
transfer in the following
conditions:

1. which is held by another

public authority; or

which is more closely

connected with the
functions of another public
authority

10. Time period to provide

the information:

from the enactment of this

Act, where information
should maintain and publish
by suo motu action under
Section 4.

b) Within 30 days if RTI

application is directly filed
to the CPIO or SPIO as the
case may be.- Section 7(1)

that the information sought

for concerns the life or
liberty of a person. -Proviso
of Section 7(1).

application has been given

to the CAPIO or SPIO as the
case may be. -Proviso of
Section 5(2) read with
Section 7(1).

application transfer to the

other public authority
subject to the section 6(3).
-Proviso of Section 6(3,)
read with Section 7(1).

information sought from the

exempted organization
subject to the Section 24.
-Second proviso of Section
24

limit will be 40 days

(maximum period + time
given to the party to make
representation). Section
11(3)

h) Failure to provide
information within the
specified period is a
deemed refusal.

11. Fee

sub-sections (1) and (5) of

section 7 shall be
reasonable and no such fee
shall be charged from the
persons who are of below
poverty line as may be
determined by the
appropriate Government

Subject to above mentioned

provision appropriate
government has prescribed:

Rs. 10 which is reasonable,

should enclosed with the RTI
application in the form of
DD, or Cash, or Postal Order.

line submit the relevant

document to proof BPL to
avail the benefit of
exemption to pay any kind
of fee.

information by CPIO or SPIO

as the case may be, i.e. Two
rupee per a4 size page and
Rs. 50 per CD or any other
disk.

avail the right of inspection

i.e. free for first one hour
then Rs. 5 per next
consecutive hours.

No such fee is applicable for

appeal.

state government has also

right to determine the fee in
their State so state rule (if
any) would applicable where
RTI application falls under
the jurisdiction of that
related state.

12. Exception- Section 8:

information but according to

Section 7(1) it could be
rejected subject to the
provision specified in
Section 8 and 9:

integrity of India, the

security, strategic, scientific
or economic interests of the
State, relation with foreign
State or lead to incitement
of an offence; -Sec 8(a)

be published by any court of

law or tribunal or the
disclosure of which may
constitute contempt of
court;- -Sec 8(b)

disclosure of which would

cause a breach of privilege
of Parliament or the State
Legislature; -Sec 8(c)

which would harm the

competitive position of a
third party, unless the
competent authority is
satisfied that larger public
interest warrants the
disclosure of such
information; -Sec 8(d)

relationship, unless the

competent authority is
satisfied that the larger
public interest warrants the
disclosure of such
information; -Sec 8(e)

 information received in
confidence from foreign
Government; -Sec 8(f)

safety of any person or

identify the source of
information or assistance
given in confidence for law
enforcement or security
purposes; -Sec 8(g)

impede the process of

investigation or
apprehension or prosecution
of offenders; -Sec 8(h)

officers but made public

after the decision has been
taken, and the matter is
complete, or over but those
matters which come under
the exemptions specified in
this section shall not be
disclosed; -Sec 8(i)

Officer or the State Public

Information Officer or the
appellate authority, as the
case may be, is satisfied
that the larger public
interest justifies the
disclosure of such
information but the
information which cannot be
denied to the Parliament or
a State Legislature shall not

accordance with sub-section

(1), a public authority may
allow access to information,
if public interest in
disclosure outweighs the
harm to the protected
interests. Section 8(2)

case may be, may reject a

request for information
where such a request for
providing access would
involve an infringement of
copyright subsisting in a
person other than the State.
Section 9

13. Exempted OrganizationSection 24:

Any provision mentioned in

this Act doesnt apply to the
intelligence and security
organisations:

organisations established by
the Central Government or
any information furnished
by such organisations to
that Government. Section
24(1)

organisations established by
the State Government, as
that Government may, from
time to time, by notification
in the Official Gazette,
specify. Section24(4)

provided after the approval

of the Central or State
Information Commission as
the case may be, and
notwithstanding anything
contained in section 7, such
information shall be
provided within forty-five
days from the date of the
receipt of request.

14. Right to Appeal,

Complaint, Impose penalty,
& Disciplinary action:

a. First Appellate Authority;

Appellate Authority, where

according to Section 19(1)
applicant can appeal
against the decision of CPIO
or SPIO, as the case may
be, in the following
condition:

not receive a decision within

the time specified in subsection (1) or clause (a) of
sub-section (3) of section 7,
or

decision of the Central

Public Information Officer or
State Public Information
Officer, as the case may be,

time limits has been exceed

by the applicant, there,
according to the proviso of
same section such officer
may admit the appeal after
the expiry of the period of
thirty days if he or she is
satisfied that the appellant
was prevented by sufficient
cause from filing the appeal

shall be disposed of within

thirty days of the receipt of
the appeal or within such
extended period not
exceeding a total of fortyfive days from the date of
filing thereof, as the case
may be, for reasons to be
recorded in writing.

b. Second Appellate
Authority- Central & State
Commission:

Central Information
Commission and State
Information Commission, as
the case may be, subject to
the Chapter 3 and 4 of this
Act respectively, Each
commission consist:

1. Chief information
Commissioner

2. Such number of
Information Commissioners,
not exceeding ten, as may
be deemed necessary.

days from the date on which

the decision should have
been made or was actually
received, with the Central
Information Commission or
the State Information
Commission, in the
following conditions:

aggrieved by a decision of
the First Appellate Authority
(Senior officer to the CPIO or
SPIO, as the case may be)
or,

2. When time limit of 30

days to dispose the first
appeal by First Appellate
Authority has been expired

according to the proviso of

same section Central
Information Commission or
State Information
Commission, as the case
may be, may admit the
appeal after the expiry of
the period of thirty days if
he or she is satisfied that
the appellant was prevented

appeal, but you can file

appeal against such
decision to the High Course
under the Article 226 of the
Constitution of India for the
proper direction because
Constitutional provisions are
always above any provision
made by any Act and which
cannot be limited by any

c. Complaint:

file complaint in the

following conditions to the
Central Information
Commission or State
Information Commission, as
the case may be:

has refused to accept his or

her application for
information or appeal under
this Act for forwarding the
same to the Central Public
Information Officer or State
Public Information Officer or
senior officer specified in
sub-section (1) of section 19
or the Central Information

a response to a request for

information or access to
information within the time
limit specified under this
Act;

c) who has been required

to pay an amount of fee
which he or she considers
unreasonable;

she has been given

incomplete, misleading or
false information under this
Act; and

matter relating to
requesting or obtaining
access to records under this
Act.

Commission, as the case

may be, is satisfied that
there are reasonable
grounds to inquire into the
matter, it may initiate an
inquiry in respect thereof.
Section 18(2)

d. Power to impose penalty:

given a reasonable
opportunity of being heard
to CPIO or SPIO, as the case
may be), till application is
received or information is
furnished, so however, the
total amount of such
penalty shall not exceed
twenty-five thousand
rupees. The burden of
proving that he acted

v has, without any

reasonable cause, refused
to receive an application for
information or

v has not furnished

information within the time
specified under sub-section
(1) of section 7 or

v malafidely denied the

request for information or

v knowingly given
incorrect, incomplete or
misleading information

v or destroyed information
which was the subject of the
request or

v obstructed in any manner

in furnishing the
information,

e. Power to recommend for

disciplinary action- Section
20(2)

Officer, as the case may be,

has, without any reasonable
cause and persistently,
failed to receive an
application for information,
or has above mentioned
opinion for penalty, shall
recommend for disciplinary
action against the Central
Public Information Officer or
the State Public Information