Chapter 1

Right to Information Act, 2005

Synopsis
1. List of Sections 1
2. Objective 2
3. [Section 2] Definitions 3
4. [Section 3] Person Entitled to Right to Information 5
5. [Section 4] Obligations of Public Authority 5
6. [Section 5] Public Information Officer 6
7. [Section 6] Request for Information 6
8. [Section 7] Disposal of Request 6
9. [Section 8] Information Exempt from Disclosure 7
10. [Section 9] Rejection of Request 8
11. [Section 10] Partial Disclosure Allowed 8
12. Information Commissions 9
(1) [Sections 12 and 13] Central Information Commission (CIC) 9
(2) Section 15 & 16 State Information Commission (SIC) 10
13. [Section 18] Power of Information Commission 11
14. [Section 19] Appeal 12
15. [Section 20] Penalties 13
16. [Section 23] Jurisdiction of Courts 13
17. [Section 24] Who is Excluded? 13
18. [Section 26] Role of Central or State Governments 14

1. List of Sections
Sections Particulars of Section
1 Extent and Applicability
2 Definitions
2(f ) Information
2(h) Public authority
2(i) Record
2(j) Right to information
2(n) Third party
3 Person entitled to right to information
4 Obligations of Public Authority
5 Designation of Public information officers
6 Manner of Request for information
7 Disposal of request
8 Information exempted from disclosure
9 Rejection of Request
10 Partial disclosure
12, 15 & 16 Information Commission

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2 Right to Information Act, 2005 Chap. 1
Sections Particulars of Section
18 Power of Information Commission
19 Appellate Authorities
20 Penalties
23 Jurisdiction of Courts
24 Exclusion Under RTI Act
26 Role of Central or State Government
2. Objective
The Government enacted RTI Act, 2005 which came into force w.e.f. October 12, 2005. This act entitles
every Indian citizen to seek information from a public authority in the prescribed manner in order to
promote transparency and accountability in the working of such public authority. This Act extends to
whole of India.
Case Law R.P. Limited v Indian Express Newspapers
Before dwelling on the RTI Act, 2005, mention should be made that in R.P. Limited v Indian Express
Newspapers, the Supreme Court read into Article 21 the “Right to Know”. The Supreme Court held that
right to know is a necessary ingredient of participatory democracy. In view of transnational developments
when distances are shrinking, international communities are coming together for cooperation in various
spheres and they are moving towards global perspective in various fields including Human Rights, the
expression “liberty” must receive an expanded meaning. The expression cannot be limited to mere absence
of bodily restraint. It is wide enough to expand to full range of rights including right to hold a particular
opinion and right to sustain and nurture that opinion. For sustaining and nurturing that opinion, it becomes
necessary to receive information. Article 21 confers on all persons a right to know which include a right
to receive information.
It may be pointed out that the right to impart and receive information is a species of the right to freedom
of speech and expression. Thus, a citizen has a right to receive information and that right is derived from the
concept of freedom of speech and expression comprised in Article 19(1)(a).
It may be pointed out that the Right to Information Bill was passed by the Lok Sabha on May 11, 2005
and by the Rajya Sabha on May 12, 2005 and received the assent of the President on June 15, 2005.
Quick Recap

Section 1 – Introduction

Enacted on October 12, 2005 Extends to whole of India

Passed by Passed by Assented by

Lok Sabha Rajya Sabha President

11 May, 2005 12 May, 2005 15 June, 2005

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Chap. 1 Right to Information Act, 2005 3
OBJECTIVE - Indian citizens seek information from public authority to:
Promote

Transparency Fairness Accountability

3. [Section 2] Definitions
Section 2(f) Information
It means any material in any form, including:
 Records
 Document
 Memos
 E-mails
 Opinions
 Advices
 Press releases
 Circulars
 Orders
 Contracts
 Reports
 Papers
 Samples
 Models
 Data material held in any electronic form
 Information relating to any private body which can be accessed by a public authority under any other
law, for the time being, in force.
Quick Recap
Section 2 – Definition

Section 2(f) – Information

Records, Circular, Order E-mail, data Contracts, log Accessible by

Documents, Memo, press material held in books, Reports, Public Authorities
Opinion, Advices Release any e-form Samples, Models

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4 Right to Information Act, 2005 Chap. 1
[Section 2(j)] Right to Information
It means the right to information accessible under this Act which is held by or under the control of any
public authority and includes the right to:
 Inspection of work, documents, records.
 Taking notes, extracts, or certified copies of documents or records.
 Taking certified samples of material.
 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 device.
Quick Recap
Section 2(j) – Right to Information

Inspect Taking notes, Taking Information by

extracts certified samples of Discs, Floppies
copies of documents material Tapes, Cassette
or records Electronic mode

Work Document Records

[Section 2(n)] Third Party

It means a person other than the citizen making a request for information and includes a public authority.
Thus, when a person makes a request for an information which is not related to himself, it is request for an
information related to a third party.
Quick Recap
Section 2(n) Third Party – Person other than the citizen making a request for information and includes a public
authority.
[Section 2(h)] Public Authority
“Public authority” means any authority or body or institution of self-government established or
constituted:
(i) By or under the Constitution;
(ii) By any other law made by the Parliament;
(iii) By and other law made by the State Legislature;
(iv) By notification issued or order made by the Appropriate Government;
Quick Recap
Section 2(h) – Public Authority
Any body Constituted by

Constitutions Law made by Any other law made Notification issued by

Parliament by state legislature Appropriate Government

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Chap. 1 Right to Information Act, 2005 5
[Section 2(i)] Record
“Record” includes:
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other device;
Quick Recap
Section 2(i) – Records

Document Microfilm, Reproduction of Any other material

manuscript file microfiche, facsimile images embodied produced by computer
copy of document in microfilm or any other device

4. [Section 3] Person Entitled to Right to Information

This provisions confers the right to information on all citizens, in accordance with the provisions of this
Act.
Quick Recap
Section 3 – Persons Entitled to RTI – All citizens of India

5. [Section 4] Obligations of Public Authority

Every public authority under the Act has been entrusted with a duty to maintain records and publish
manuals, rules, regulations, instructions, etc. in its possession as prescribed under the Act. [Section 4(1)(a)]
As per Section 4(1)(b), every public authority has to publish within one hundred and twenty days of the
enactment of this Act:
— 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;
— 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;

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6 Right to Information Act, 2005 Chap. 1
— 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.
— Such other information as may be prescribed; and thereafter update the publications every year.
6. [Section 5] Public Information Officer
Every public authority shall designate as Public Information Officers (PIO) and Assistant Public Officers
(APIOs) as may be required for each of its administrative units or offices.
A Public Information Officer under the Act has to deal with request from persons seeking information
and render reasonable assistance to the persons seeking such information.
Such Public Information Officer shall also provide reasonable assistance to the person making the request
orally to reduce the same in writing.
The applicant shall not be required to give any reasons for requesting the information or any other
personal details except those that may be necessary for contacting them.
Quick Recap
Section 5 – Public Information Officer – Public (PIO) and Assistant (APIO)
• To provide information and assistance to persons seeking information
• PIO cannot demand reason behind seeking information except reasonable.
7. [Section 6] Request for Information
Any person, who desires to obtain any information, shall make a request in writing or through electronic
means in English or Hindi or in the Official language of the area in which the application is being made, to
the Public Information Officer (or the assistant PIO) of the public authority concerned.
The request should specify the particulars of the information sought by the applicant and should be
accompanied by the requisite fee.
Quick Recap
Section 6 – Request for information
Particulars
Peron PIO
(+) Fees (+) Application

Written or Electronic mode English or Hindi or Vernacular language

8. [Section 7] Disposal of Request

A Public Information Officer shall:
 Dispose a request for information expeditiously, within maximum 30 days of its receipt either by
providing the information or by rejecting the request.
 Provide information within 48 hours of the request if the same relates to the life or liberty of a
person.
 State reasons for rejecting, in case request for providing information has been rejected.
 35 days where request is given to Asst. PIO.
 Time taken for calculation and intimation of fees excluded from the time frame.
 No action on application for 30 days is a deemed refusal.

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Chap. 1 Right to Information Act, 2005 7
If the interests of a third party are involved then time limit will be 40 days (maximum period + time given
to the party to make representation). No fee for delayed response.
Quick Recap
Section 7 – Disposal of Request

Dispose in 35 days where Information in 48 State reasons for

maximum 30 application is given hours if relates to life rejection of
days to Assistant PIO or liberty of a person request

No action on If interest of third party is

application for 30 involved time period will
days is a deemed be 40 days (10 days to
refusal make representation
before POI)

9. [Section 8] Information Exempt from Disclosure

The following informations are exempt from disclosure as there shall be no obligation to give any citizen
such information:
 Information effecting National security, etc.
Information disclosure of which would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interests or the state relation with foreign state or lead to
incitement of an offence .
 Information Forbidden by a Court’s Order
Information which has been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court.
 Information privileged to legislature
Information, the disclosure of which would cause a breach of privilege of parliament or the State
Legislature.
 Trade Secrets, Intellectual Property Rights, etc.
Information including commercial confidence, trade secrets or intellectual property, the disclosure of
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.
 Confidential Information from Foreign Government
Information received in confidence from foreign government.
 Information Endangering the Life or safety of a Person
Information, the disclosure of which would endanger the life or physical safety of any person or
identify the source of information or assistance given in confidence for law enforcement or security
purposes.
 Information effecting any Investigation or prosecution proceedings
Information which would impede the process of investigation or apprehension or prosecution of
offenders.

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8 Right to Information Act, 2005 Chap. 1
 Cabinet papers
Cabinet papers including records of deliberation of the Council of Ministers, secretaries and other
officers.
 Information invading the Privacy of an Individual
Information which relates to personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the privacy of any
individual.
Quick Recap

Section 8 – Information exempt from disclosure (NFTP CCII)

National Privilege Confidential Cabinet

Security of from foreign Papers
Parliament government

Forbidden by Trade Secrets Information Information

Court of Law and Intellectual invading Privacy affecting
Property Rights of an Individual investigation

10. [Section 9] Rejection of Request

The Public Information Officer has been empowered to reject a request for information where an
infringement of a copyright subsisting in a person would be involved.
Quick Recap

Section 9 – Rejection of Request

application
Person PIO
reject

If involves infringement of copyright

11. [Section 10] Partial Disclosure Allowed

Under Section 10 of the RTI Act, only that part of the record which does not contain any information
which is exempt from disclosure and which can reasonably be severed from any part that contains exempt
information, may be provided.
As per Section 10 of the Act if the request for access to information is rejected on the ground that it is in
relation to the information which is exempt from disclosure, in that event access may be provided to that part
of the record which does not contain any information which is exempt from disclosure under this Act and
which can be reasonably severed from any part that contains exempt information.

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Chap. 1 Right to Information Act, 2005 9
12. Information Commissions
(1) [Sections 12 and 13] Central Information Commission (CIC)
 The Central Information Commission is to be constituted by the Central Government through a
Gazette Notification.
 The Central Information Commission consists of the Chief Information Commissioner and Central
Information Commissioners not exceeding 10.
 These shall be appointed by the President of India on the recommendations of a committee
consisting of PM who is the Chairman of the Committee; the leader of Opposition in the Lok
Sabha; and a Union Cabinet Minister to be nominated by the Prime Minister.
The Chief Information Commissioner and Information Commissioners shall be persons of eminence in
public life with wide knowledge and experience in law, science and technology, social service, management,
journalism, mass media or administration and governance. CIC/IC shall not be a Member of Parliament or
Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or be
connected with any political party or be carrying on any business or pursuing any profession.
The general superintendence, direction and management of the affairs of the Commission vests in the
Chief Information Commissioner who shall be assisted by the Information Commissioners. Commission shall
have its Headquarters in Delhi. Other offices may be established in other parts of the country with the
approval of the Central Government. Commission will exercise its powers without being subjected to
directions by any other authority.
CIC shall hold office for such term as may be prescribed by the Central Government or till he attains the
age of 65 years, whichever is earlier. CIC is not eligible for reappointment. The salaries and allowances
payable to and other terms and conditions of service of the Chief Information Commissioner and the
Information Commissioners shall be such as may be prescribed by the Central Government. This will
not be varied to the disadvantage of the CIC during service.



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10 Right to Information Act, 2005 Chap. 1
Quick Recap

[Section 12 and 13] Central Information Commission (CIC)

Constituted by Appointed by Chief Information Commission shall

CG President on Commissioner and have its headquarter
recommendation of Information in Delhi and other
a Committee Commissioners shall not offices may be
be Member of parliament established anywhere
or Member of Legislature with approval of CG

Consisting Chief Committee shall consist of

Information Commissioner Prime Minister as
and Central Information Chairman, leader of
Commissioners not opposition in Lok Sabha
exceeding 10 and a Union Cabinet Chief Information
Minister appointed by PM Commissioner

Tenure of No Salary of As prescribed

Appointment reappointment Chief Election = by Central
Commissioner Government

Term prescribed by CG or 65 Age

Earlier

(2) Section 15 & 16 State Information Commission (SIC)

 The State Information Commission will be constituted by the State Government through a Gazette
notification.
 The State Information Commission consists of one State Chief Information Commissioner (SCIC)
and not more than 10 State Information Commissioners (SIC).
 These shall be appointed by the Governor on the recommendations of a committee consisting of the
Chief Minister who is the Chairman of the committee. Other members include the Leader of the
Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners. The
salaries and allowances payable to and other terms and conditions of service of the State Chief Information
Commissioner and the State Information Commissioners shall be such as may be prescribed by the
Central Government.
The Commission will exercise its powers without being subjected to any other authority. The
headquarters of the State Information Commission shall be at such place as the State Government may
specify. Other offices may be established in other parts of the State with the approval of the State
Government.

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Chap. 1 Right to Information Act, 2005 11
Quick Recap

Section 15 and 16 – State Information Commission (SIC)

Constituted Appointed by Salary of SCIC Headquarter of SIC at

by SG Governor on will be as may be any place as SG may
recommendation of prescribed by CG. specify and other offices
a Committee established with
approval of SG

Consisting One State Committee shall consist

Chief Information of Chief Minister as
Commissioner (SCIC) Chairman, Leader of
and not more than 10 opposition in Legislative Salary of SIC will
State Information Assembly and one be as may be
Commissioner (SIC) Cabinet Minister prescribed as CG.
nominated by CM

13. [Section 18] Power of Information Commission

For the purposes of discharging its duties, the Central as well as the State Information Commission has been
vested with followings powers:
(1) Power to Conduct Inquiry
If the Information Commission is satisfied that there are reasonable grounds to inquire into the
matter, it may initiate an in respect thereof.
(2) Power of a Civil Court
The Information Commission shall have the same powers as are vested in a civil court while trying a
civil suit, in respect of the following matters:
 Summoning and enforcing attendance of persons, and compelling them to give oral or written
evidence on oath and to produce documents or things.
 Requiring the discovery and inspection of documents.
 Receiving evidence on an affidavit.
 Requisitioning any public record or copies thereof, from any court of office.
 Issuing commission for examination of witnesses or documents.
 Any other matter which may be prescribed.
(3) Power to requisition of Records
The Information Commissioner while making an inquiry of any complaints, requisition and examine
all records covered under this law (including those covered by exemptions).



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12 Right to Information Act, 2005 Chap. 1
Quick Recap

Section 18 – Powers of Information Commission

Conduct Enquire Civil Court (DAPIS) Power to Requisition

Records

Discovery and Oath on Access Issue inquiry Summonizing

Production of Affidavit Public Commission and Enforcing
Documents Records Attendance

14. [Section 19] Appeal

First appeal shall lie before an officer who is senior in rank to the Central or the State Public Information
Officer in the concerned public authority and is designated as the first appellate authority.
The appeal should be made within 30 days from:
 the expiry of the time specified for giving a decision on application, or
 the receipt of the decision/order appealed against.
An appeal should be disposed off within 30 days of its receipt. This period may be extended for reasons
to be recorded in writing, subject to a maximum of total 45 days from the date of filling of appeal.
A second appeal shall lie against the appellate order before the Central/State Information Commission.
The appeal shall be made within 90 days from the date of which the decision should have been made or was
actually received. The Commission may, however, admit an appeal even after the expiry of the period of 90
days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
If the order appealed against relates to information of a third party, the Commission shall give a
reasonable opportunity of being heard to that third party.
Quick Recap

Section 19 - Appeal

Application 30 days Senior 90 days Information

Person (+) officer (+) Commissioner
PIO
15 days Sufficient cause
Sufficient cause

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Chap. 1 Right to Information Act, 2005 13
15. [Section 20] Penalties
This provision imposes stringent penalty on a Public Information Officer (PIO) for failing to provide
information. Every PIO will be liable for fine of ` 250 per day up to a maximum `25000, for:
 Not accepting an application for information.
 Malafidely denying information.
 Knowingly giving incomplete, incorrect, misleading information.
 Destroying information that has been requested.
 Obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and at the State levels will have the power to impose this
penalty. They can also recommend disciplinary action against such Public Information Officer (PIO).
Quick Recap

Section 20 – Penalty PIO liable ` 250 per day to maximum of `25,000.

For

Non – Malafidely
acceptance of Obstruct flow Destroyed
denied
of information requested
application information
information

Incorrect, incomplete, misleading

information knowingly

 The Information Commissioner at Center and State level have the power to impose this penalty.
16. [Section 23] Jurisdiction of Courts
Lower Courts are barred from entertaining suits or applications against any order made under this Act.
Quick Recap
Section 23- Jurisdiction of Courts

No power to Lower courts

17. [Section 24] Who is Excluded?

The Act excludes Central Intelligence and Security agencies specified in the Second Schedule like IB,
R&AW, 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 shall be given only with the approval of the Central Information
Commission within forty-five days from the date of the receipt of request. (Section 24)

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14 Right to Information Act, 2005 Chap. 1
18. [Section 26] Role of Central or State Governments
(i) Develop and organize educational programmes for the public, especially disadvantaged
communities on RTI.
(ii) Encourage public authorities to participate in the development and organization of such
programmes.
(iii) Promote timely and effective dissemination of accurate information by the public authorities.
(iv) Train officers and develop training materials.
(v) Compile and disseminate a Users Guide for the public in the respective official language.
(vi) Publish names, designations, 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.
Quick Recap

Section 26 – Role of Central or State Government

Educational Encourage Disseminate Training to User Guide Publish

Programmes public accurate officers details of
authorities information PIO

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