The Right to Information Act, 2005

The Right to Information Act, 2005

1.The Public lnformation Officer should supply the information within thirty days of the receipt of the request. Where the information sought for concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request. If request for information is received through the APIO, the information may be provided within 35 days of receipt of application by the APIO in normal course and 48 hours plus 5 days in case the information sought concerns the life or liberty of a person.

2. lnformation including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third patty, is exempt from disclosure. Such an information shall not be disclosed unless the competent  authority is satisfied that larger public interest warrants the disclosure of such information.

3. The information sought by an applicant should either be supplied to him or his application should be rejected within the time prescribed by the Act. If additional fee need be charged from the applicant, communication in this regard should be sent to him within the time limit prescribed for sending information. If the applicant does not receive information or decision about rejection of request or commu~ication about payment of additional fee within the specified time, he can make an appeal to the First Appellate Authority. Appeal can also be made if the applicant is aggrieved by the decision of the Public lnformation Officer regarding supply of information or the quantum of fee decided by the Public lnformation Officer

The Central Information Commission

NIC as a Public Authority designated Public Information Officer (PIO) and Appellate Authority (AA) for citizens to secure access to information and published the Proactive Disclosures in accordance with the provisions of the Act in October 2005.

The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below:

Appeal

Section 19(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that 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 in time.

(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie within ninety 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:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—

1. require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
   1. by providing access to information, if so requested, in a particular form;
   2. by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
   3. by publishing certain information or categories of information;
   4. by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
   5. by enhancing the provision of training on the right to information for its officials;
   6. by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
2. require the public authority to compensate the complainant for any loss or other detriment suffered;
3. impose any of the penalties provided under this Act;
4. reject the application.

(9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

1. Short title, extent and commencement
2. Definitions
3. Right to information
4. Obligations of public authorities
5. Designation of Public Information Officers
6. Request for obtaining information
7. Disposal of request
8. Exemption from disclosure of information
9. Grounds for rejection to access in certain cases
10. Severability
11. Third party information
12. Constitution of Central Information Commission
13. Term of office and conditions of service
14. Removal of Chief Information Commissioner or Information Commissioner
15. Constitution of State Information Commission
16. Term of office and conditions of service
17. Removal of State Chief Information Commissioner or State Information
18. Powers and functions of Information Commission
    19. Appeal
19. Penalties
20. Protection of action taken in good faith
21. Act to have overriding effect
22. Bar of jurisdiction of courts
23. Act not to apply to certain organizations
24. Monitoring and reporting
25. Appropriate Government to prepare programmes
26. Power to make rules by Appropriate Government
27. Power to make rules by competent authority
28. Laying of rules
29. Power to remove difficulties
30. Repeal
    THE FIRST SCHEDULE
    THE SECOND SCHEDULE

State Information Commissions