UNIT 6 RIGHT TO INFORMATION - RIGHT

TO INFORMATION ACT, 2005

Structure
6.0 Introduction
6.1 Objectives
6.2 Need for and Significance of Information
6.3 Evolution of the Right to Information
6.3.1 Movement for the Right to Information
6.4 Right to Information Ac, 2005
6.4.1 Meaning of Information
6.4.1.1 What Constitutes Information?
6.4.1.2, Exempted Information
6.4.2 Right to Information
6.4.2.1 Scope of Information that Can be Accessed
6.4.2.2 Who Can Access Information?
6.4.2.3 Third Party Information
6.4.3 Obligations of Public Authorities
6.4.4 Procedure for Accessing Information
6.4.4.1 Information Officers
6.4.4.2 Central Information Commission
6.4.4.3 State Information Commission
6.4.4.4 Procedure for Accessing Information
6.4.4.5 Appeals
6.5 Some Instances/Relevant Cases
6.6 Let Us Sum Up
6.7 Answers to 'Check Your Progress' Questions
6.8 References

6.0 INTRODUCTION
In Unit-5, "The Constitution of India", you have leant about its basic framework,
philosophy and salient features, among others. We are aware that information is .
indispensable for the functioning of a true democracy. People have to be kept
informed about current affairs and broad issues -political, social and economic.
Free exchange of ideas and free debate are essentially desirable for the
Government of a free country. In this Age of Information, its value as a critical
factor in socio-cultural,economic and political development is being increasingly
felt. In a fast developing country like India, availability of information needs to
be assured in the fastest and simplest form possible. This is very important because
every developmental process depends on the availability of information to the
concerned.

Therefore, securing right to information is essential and that is possible only

through proper legislation.And, the government must do every thing possible to
make implementation of such law very effective to ensure the high levels of
38
transparency in the affairs of the government and realize the true meaning of the
 word democracy in governance. In view of these, in the present Unit, we will Right to Information -
Right to Information Act.
present you the need and significance of information, evolution of right to 2005
information and the Right to Information Act, 2005.

After going through this unit, you should be able to:

Explain the meaning and significance of the information and right to
inf~rmatian;
Describe evolution of right to information in a democratic country like India;
Explain what constitutes information and what is ext;mpted information;
* Evaluate the obligations of public authorities under the Right to Information
Act, 2005;
9 Elucidate the procedure provided under the Right to information Act, 2005
for accessing information; and
Examine the composition, functions and powers of information Commissions
at various levels.

6.2 NEED FOR AND SIGNIFICANCE OF

INFORMATION
Lack of information denies people the opportunity to develop their potential to
the fullest extent and realize the full range of their human rights. Individual
personality, political and social identity, and economic capability are all shaped
by the information that is available to each person and to society at large. The
practice of routinely holding information away from the public creates 'subjects'
rather that 'citizens' and is a violation of their rights. This was recognized by the
Universal Declaration of Human Rights, 1946 when it is resolved: "Freedom of
information is a fundamental human right and it is the touchstone for all
I freedoms." 'Right to information' was first recognized in Article 19 of Universal
Declaration of Human Rights and then given the status of legally binding treaty
obligation in Article 19 of the International Covenant on Civil and Political Rights,
1 1976 which states: "everyone has the right to freedom of opinion and expression.
This right includes freedom to hold opinion, without interference, and to seek,
, receive and impart information and ideas through any media and regardless of
frontiers." This has placed the right to access information firmly within the body
I of Universal Human Rights Law (Kulwant Singh, 2006, p.49).

Right to know is also closely linked with other basic rights such as freedom of
speech and expression and right to education. Its independent existence as an
attribute of liberty cannot be disputed. Viewed from this angle, information or
, knowledge becomes an important resource. An equitable access to this resource
must be guaranteed. Soli Sorabjee, stressing on the need of Right to Information
31~ n e d
at bringing transparency in administration and public life, says: "Lack of
I

transparency was one of the main causes for all pervading corruption, and Right
t o Information would lead to openness, accountability and integrity"
) (www.legalservicesindia.com/articles; and http://www.nic.in/rrtd).
Empowering Laws According to P. B. Sawant, "the barrier to information is the single most cause
responsible for corruption in society. It facilitates clandestine deals, arbitrary
decisions, manipulations and embezzlements. Transparency in dealings, with
their every detail exposed to the public view, should go a long way in curtailing
corruption in public life." (www.scribd.com~doc/49553262/RTI).

Thus, it is utmost necessary that the government must strike a balance between
the official secrets and the information to be delivered to the public. Strategic
sectors have to be kept outside the purview of delivering the information to the
public. Now, a debate has been cropping up that there is a vast scale privatization
of the public sector, there has been privatisation of certain necessary services
that were initially instituted for only public welfare schemes. Regarding hospitals,
educational institutes and even many transportation systems being privatized,
there arises the need to make them transparent. The fundamentql principle of a
private sector is to maximize their profits and for this many of these pPiva&
players forget their business ethics and, thus, it is the public who has to suffer.
Hence, it is important to make information regarding these sectors available to
the public as one of the essentials of the democracy is to ensure social and public
welfare.

In view of the peoples' need for information and the significance of information
in their own development and of their nation, the need for Right to Information
has been widely felt in all sectors of the country and this has also received judicial
recognition through some landmark judgments of Indian courts.

6.3 EVOLUTION OF THE RIGHT TO

INFORMATION
'Information' as a term has been derived from the Latin words 'Formation' and
'Forma' which means giving shape to something and forming a pattern,
respectively. Information adds something new to our awareness and removes the
vagueness of our ideas.

Constitutional aspect of the right to information: Article 19(l)(a) of the

Constitution guarantees the fundamental rights to free speech and expression.
The prerequisite for enjoying this right is knowledge and information.The absence
of authentic information on matters of public interest will only encourage wild
rumours and speculations and avoidable allegations against individuals and
institutions. Therefore, the Right to Information becomes a constitutional right,
being an aspect of the right to free speech and expression which includes the
right to receive and collect information. This will also help the citizens perform
their fundamental duties as set out in Article 5 1A of the Constitution. A fully
informed citizen will certainly be better equipped for the performance of these
duties. Thus, access to information would assist citizens in fulfilling these
obligations.

6.3.1 Movement for the Right to Information

In early 1989, the then the Prime Minister Mr. V. P. Singh declared the attitude of
the new Government on the Right to Information and transparent government.
He said, "An open system of governance is an essential prerequisite for the fullest
flowering of democracy. Free flow of information from the Government to the 1
r people will nut only create an enlightened and informed public opinion but also
render those in authority accountable. In the recent past, we have witnessed many
distortions in our information system. The veil of secrecy was lowered many a
time not in the interest of national security, but to shield the guilty, vested interests
Right to Information -
Right to Information Act,
2005

or gross ei-rors of judgments. Therefore, the National Front Government has

decided to make the Right to Information a Fundamental Right .... A large area
of information dissemination also relates to development programmes, their
progress and their impact. This will need to be done at the Panchayat and
Municipal levels, to encourage not only multi-level planning but also the common
man in the villages" (www.legalservicesindia.com/articles).

The demand for Right to Information has taken the form of mass movement at
the grass-root level. A mass-based organisation called the Mazdoor Kisan Shakti
Sangatlzan (MKSS) took an initiative to lead the people in a very backward
region of Rajasthan - Bhim Tehsil -to assert their right to information by asking
for copies of bills and vouchers and names of persons who have been paid wages
according to muster-rolls on the construction of schools, dispensaries, small dams
and community centres. On paper, such development projects were all completed,
but it was comlnon knowledge of the villagers that there was gross
misappropriation of funds with roofless school buildings, dispensaries without
walls, dams left incomplete and community centres having no doors and windows

After years of knocking at officials' doors and despite the usual apathy of the
State government, MKSS succeeded in getting photocopies of certain relevant
documents. Misappropriation of funds was clearly obvious. In some cases, the
muster rolls contained names of persons who either did not exist at all or died
years before. This incident is more than sufficient to show the importance of the
ability of information for eradicating mal-practices. With so many scandals
emerging from time to time. it becomes vital for the management of public fund
and survival of democracy.
MKSS organised a Jan Sunwai (People's hearing), the first ever in the history of
Rajasthan. Politicians, administrators, landless labourers, private contractors were
all invited to listen, respond and, if willing, to defend themselves. Popular response
was phenomenal, but village officials and politicians stayed away and remained
silent, and thereby weakened their position and darkened their image. Between
December 1994 and April 1995, several other public hearings were organised.
People's anger made one engineer of the State Electricity Board to return in
public an amount of Rs. 15.000 he had extracted from apoor farmer. This grassroot
movement began to spread to other areas of Rajasthan and to other States
establishing firmly that inforr~ationis power and people should have the right to
official information (unpan 1.un.org/intradoc/groups/public/documents).
Drafting of the Bill: In 1996, Justice P. B. Sawant, the Chairman of the Press
Council of India, drafted the bill keeping in view the dire need of the day and the
observations made by eminent persons that, in a democracy, it is the people who
are the masters and those utilising public resources and exercising public power
are their agents. The draft Bill was submitted to the Government of India in
1996. The core o f the Bill is Clause 3 which says: every citizen shall have the
Right to Information from public body; it shall be the duty of the public body to
maintain all records duly catalogued and indexed (www.rtigateway.org.in/.../
Obligatjons).
Empowering Laws 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, afld all individuals whether citizens or not, shall have the
right to such information that affects their life and liberty. The Bill defines
information as my fact kiating to the affairs of a public body and records relating
to its affairs. Public body includes: a) state within the meaning of Article 12 of
the Constitution of India, b) all public undertakings and non-statutory authorities,
and c) a company, corporation, society, trust, firm or a co-operative society whether
owned or contrnlled by the Government or by private individuals and institutions
whose activities affect the plrblic interest.

The Bill says that Right to Jnformation is subject to restrictions on gtounds in

clause(s) to Article 19(l)(a)such as the security of the State. Clause (r)(l) of the
Bill reproduces many of them and also adds 'Investigation of an Offence.' Sub-
clauses (2) and ( 3 ) include personal or medical information of a private nature
and trade and commercial setrets protected by the law. The Bill also enumerates
the procedure for the enforcement of this right. The officer in charge will be held
responsible in the eveht of refusal of information, and information must be
furnished within 30 days of application. The officer must provide solid reason
for any refusal and appeal against refusal should be made to the principal civil
judge of the region.
Keeping in view the burning problem, the Govt. of India, Department of Personnel
decided to set-bij a Working Group on January 2, 1997 under the chairmanship
of Mr, H, b. Shouri. The Working Group on the 'Right to Information and
Pminotion of Open and Transparent Government' submitted its comprehensive
and detailed report and the draft Bill on Freedoin of Information on 24 May
1997 (www.rrtd.nic.in).
The salient features of the Bill: i) When enacted, it will also apply to State
governments, overriding 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 the basis and the procedure for classification of official
documents (as 'Secret', 'Secret and confidential') should be suitably amended
so that availability of information to the public becomes the rule rather than the
exception; vi) Not only the Central and the State Ministries, but also public
sector undertakings, municipal bodies and panchayats and other bodies
substantially funded by the Government, would come within the purview of thc
Act.
Main Points of Resolution: The Press Council of India, the Press Institute of
India, the National Campaign for People's Right to lnforrnation and the Forum
for Right to Information unanimously submitted the resolution to Government
of India to amend the proposed Bill.
> The Right to Information should also be extended in respect of companies, Right to Information -
Right to Information Act,
NGOs and international agencies whose activities are of a public nature and 2005
have a direct bearing on public interest.
r. The law must contain strong, penal provisions against willful and wanton .
withholding or delay in supplying information or deliberately supplying
misleading or inaccurate information.
P 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.
> 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 notings 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 candour 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.
> Similarly, the restriction on confidential communications between the State
and Centre and their agencies have no justification, unless they harm public
interest.
P The restrictio~iOII tlisclosure of the record of discussions of Secretaries and
other public serv;llitx also needs to be removed.

The Freedom of 1rzji)r-inationBill 2000: This Bill introduced in the Lok Sabha
on 25th July 2000 says that:

a) Information means any material in any form relating to the administration,

operations or decisions of a public authority;

b) The bill defines public authority as any authority or body established or

constituted by or under the Constitution, by any law made by the appropriate
Government, and includes any other body owned, controlled or substantially
financed by funds provided directly or indirectly by the appropriate
Government .

c) Freedom of information means the right to obtain information from any

public authority by means of inspection, taking of extracts and notes, certified
copies of any records of such public authority and diskettes, floppies or any
other electronic mode or through print-outs where such information is stored
in a computer or in any other device.
It will be interesting to mention that Press Council of India prepared a draft Bill
in 1996 to make a provision for securing right to information. This draft Bill was
named Right to Information Bill, 1996. The Institute of Rural Development,
Hyderabad also prepared a bill in 1997. Both the bills initiated a national debate
on the issue 9f Effective and Responsive Administration. The Govt. of India
appointed a working y - o ~ on~ pJanuary 2, 1997. The terms of reference of the
Working Group includcd the examination of feasibility and need to introduce a
full fledged Right to Information Bill. This group recommended that a legislation
in this regard is not only feasible but is also vitally necessary. The Working
1
Group recommended that the bill should bc named as Freedom of Information
Bill as the Right to Infornlation has already been judicially recogonised as a part
of the fundamental right to free speech and expression.

Freedom of Zriformation - 4 4 2002: Government appointed a national level

working group to discuss on the passage. There was no upper limit on the charges
that coiild be levied. There were no penalties for not complying with a request
for information. The Freedom of Infornlation Act, consequently, never came
into effective force.

State Level Larvs: The RTI Laws were first successfully enacted by the state
governments of -Tarnil Nadu ( 1997), Goa (1997), Rajasthan (2000). Karnataka
(2000), Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh
(2003). and Jammu and Kashmir (2004). The Maharashtra and Delhi State level
enactments are considered to have been the most widely used. The Dell~iRTI
Act is still in force. Jammu & Kashmir, has its own Right to Information Act of
2009, the successor to the repealed J&K Right to Information Act, 2004 and its
2008 amendrncnt.

6.4 RIGHT TO INFORMATION ACT, 2005

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
citi~cns."*IheAct applics to all States and Union Territories of India, except the
State oi'Jammu and Kashmir -which is covered under a State-level law. Under
the provisions of the Act, any citizen (excluding the citizens within J&K) 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 minimuin 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.

The Right to Information Act, 2005 has been enacted by the Parliament in order
to provide for setting out the practical regime of the right to information for
citizens to secure access to information under the control of public authorities.
in order to promote transparency and accountability in the working of every
public authority through constitution of the Central Infornlation Commission
and State Information Commission for matters connected therewith or incidental
thereto.
 Right to Information -
Reflection Right to Information Act.
2005
Have you ever thought that information is power and right to information
is an integral part of democracy? Don't you think that the Right to I

Information Act, 2005 is a powerful weapon in the hands of the citizens

for the transparency of administration? Being a citizen of India, don't you
think that you should be aware of and use the right to information for the
realization of democratic values? Don't you thing that it is your duty to
make common man know about the right to information and the legislative
perspectives to have access to information in order to protect them from
various forms of exploitation? Don't you think that you should have a
copy of the Right to Information Act, 2005 with you for above purposes?
Just reflect upon these questions and do what you feel is right.

6.4.1 Meaning of Information

In this sub-section, we focus on the meaning of informatior, as to what constitutes
information that can be accessed and what information is exempted from having
access.

6.4.1.1 What Constitutes Information?

Section 2(f) of the Act defines Information as any material in any form. It includes
records, documents, memos, e-mail, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data, material held
in any electronic form relating to any private body which can be accessed by the
public authority under any law for the time being in force.

Further, Central Information Commission clarified that although 'opinion7 is

indeed information, to so qualify it must be held in material form. The issue
, concerning the disclosure of "file noting" under the Right to Information Act
first came up before this commission in the case of Scrtyapal v CPIO TCIL which
was decided by a Division Bench. It was held that note file would be incomplete
I without note sheets. These recordings are generally known as "file notings".
j Thus, a combined reading of Section 2(f), (i) & (j) would indicate that a citizen
has the right of access to a file of which the file notings are an integral part of a
file.

6.4.1.2 Exempted Information

1 Sub-section (1) of Section 8 and Section 9 of the Act enumerate the categories of
information which are exempted from disclosure. Sub-section (2) of S e c t i o ~8,
I however, provides that information exempted under sub-section (1) or that
exempted under the Official Secrets Act, 1923 can be disclosed if public interest
in disclosure overweighs the harm to the protected interest. Further, sub-section
(3) of Section 8 provides that information exempted from disclosure under sub-
I section (I), except as provided in clauses (a), (c) and (i) thereof, would cease to
be exempted after 20 years from the date of occurrence of the related event. etc.
1

I It may be noted that Section 8(3) of the Act does not require the public authorities
to retain records for indefinite period. The records should be retained as per the
record retention schedule applicable to the concerned public authority. Information
generated in a file may survive in the form of an OM or a letter or in any other
form even after destruction of the filelrecord.
Empowering Laws The Act requires furnishing of information so available after the lapse of 20
years even if such information was exempt from disclosure under sub-section
(1) of Section 8. It means that the information which, in normal course, is exempt
from disclosure under sub-section (1) of Section 8 of the Act, would cease to be
exempted if 20 years have lapsed after occurrence of the incident to which the
information relates. However, the following types of information would continue
to be exempted and there would be no obligation, even after lapse of 20 years, to
give any citizen:
information disclosure of which would prejudicially affect the sovereignty
and integrity of India, the security, strategic, scientific or economic interest
of the State, relation with foreign state or lead to incitement of an offence;
information disclosure of which would cause a breach of privilege of
Parliament or State Legislature; or
Cabinet papers including records of deliberation of the Council of Ministers,
Secretaries and other Officers subject to the conditions given in proviso to
clause (i) of sub-section (I) of Section 8 of the Act.

Check Your Progress

Notes: a) Space given below the question is for writing your answer.
b) Check your answer with the one given at the end of this unit under
"Answers to 'Check Your Progress7Questions".
1) Explain the need and significance of information.
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2) What do you understand by the term 'exempted information' under the
Right to Information Act, 2005?
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Right to Information -
6.4.2 Right to Information Right to Information Act,
A citizen has a right to seek such information from a public authority which is 21105

held by the public authority or which is held under its control. This right includes
inspection of work, documents and records; taking notes, extracts or certified
copies of document or records; and taking certified samples of material held by
the public authority or held under the control of the public authority (Section
2Q) of Right to Information Act, 2005).

6.4.2.1 Scope of Information that Can be Accessed

The act gives the citizen a right to information at par with the Members of
Parliament and the Members of State Legislatures. Acccrding to the Act, the
information which cannot be denied to the Parliament or a State Legislature
shall not be denied to any person. A citizen has a right to obtain an information
in the form of diskettes, floppies, tapes, video cassettes or in any other electronic
mode or through print-outs, provided such information is already stored in a
computer or in any other device from which the infomati an may be transferred
to diskettes, etc.

The information to the applicant should ordinarily be provided in the form in

which it is sought. However, if the supply of information sought in a particular
form would disproportionately divert the resources of the public authority or
-m may cause harm to the safety or preservation of the records, supply of information
in that from may be denied.

Only such information is required to be supplied under the Act which already
exists and is held by the public authority or held under the control of the public
authority. It is beyond the scope of the Act to create information; or to interpret
information; or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.

6.4.2.2 Who Can Access Information?

The Act gives the right to information only to the citizens of India (Section 3,
Right to Information Act, 2005) like ordinary citizens, patients, consumers, voters,
etc. in their corresponding situations. It does not make provision for giving
information to corporation, Associations, Companies. etc., which are legal entities1
persons. However, if an application is made by an employee or office bearer of
any Corporation, Association, Company, NGO, etc. indicating his name and such
employeeloffice bearer is a citizen of India; information may be supplied to him/
her. In such cases, it would be presumed that a citizen has sought information at
the address of the Corporation, etc. concerned.

6.4.2.3 Third Party Information

Third Party: Section 1l(1) defines 'third party' to mean 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,
he is requesting for an information related to third party.

Right of Third Party: If a P I 0 receives a request for an information which is

related to or has been supplied by a third party, then he shall within 5 days of
receipt of such request, give a written notice to such third party informing hiin of
the request and the fact that the officer intends to disclose the information on 47
Empowering Laws record, or any part thereof. The third party is entitled to make a submission In
writing or orally as to whether such information be disclosed or not, within 10
days from the date of receipt of notice. And the officer shall keep in view such
submission while taking a decision in this matter,
The following shall be considered while disclosing Third Party Information: 1
a) Trade or commercial secrets protected by law should not bc disclosed.
b) In case public interest in disclosure outweighs in importance than any possible
rn
harm or injury to the interests of third party, then the information may be
disclosed.
The information is to be provided where a third party has been given an
opportunity to make representation under Section 1 l(2). The P I 0 shall within
40 days from the date of receipt of request, make a decision as to whether or not
to disclose the information or record or part thereof. A written notice of the
decision shall be sent to the third party, also informing him that he may prefer an
appeal under Section 19 against such a decision.
m,
Where a P I 0 decides to provide the information, he shall send intimation 10 the
applicant, stating:

a) The details of fees, towards cost of providing the information, together with
the calculation details, and requesting him to deposit fees.

b) The applicant can seek review of the decision on fees charged by him or the
form of access provided including the particulars of the Appellate Authority, I
Check Your Progress
Notes: a) Space given below the question is for writing your answer.
b) Check your answer with the one given at the end of this unit under
"Answers to 'Check Your Progress' Questions".
3) Define third party information.
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 Right to Information -
6.4.3 Obligations of Public Authorities Right to Information Act,
According to Section 2(h) of the Right to Information Act, 2005 public authority 200s

means any authority or body or institution of self-government established or

t constituted:
a) By or under the Constitution;
b) By any other law made by Parliament;
c) By any other law made by State Legislature;
d) By notification issued or order made by the appropriate Government, and
includes any:
F i) body owned, controlled or substantially financed by appropriate
Government; and
ii) non-Government organization substantially financed, directly or
I indirectly by funds provided by the appropriate Government;
Public authority should include private bodies performing public functions. This
measure will facilitate the right to information described by Section 6(b) of the
Consumer Protection Act, 1986.

The Act casts important obligation on public authorities so as to facilitate the

citizens or the country to access the information held under their control. The
obligations of the authority are basically the obligations of the head of the
authority, which should ensure that these are met in right earnest. Reference
made to public authority in this document is, in fact, a reference to the head of
the public authority.

Timely Supply of Information: The Act requires that except in some special
circumstances, decision on an application for information should be given within
30 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 the decision on the request for information
is not given within the prescribed period, it is deemed that the request has been
refused. It is pertinent to note that if a public authority fails to comply with the
specified time limit, the information to the concerned applicant would have to
be provided free of charge.
I
I
Maintenance and Computerisation of Records: Proper management of records
is of utmost importance for effective implementation of the provisions of the
Act. A public authority should, therefore, maintain all its records properly. It
should ensure that the records are duly catalogued and indexed in such a manner
and from that it may facilitate the right to information. The public authority
should computerize all its records which are appropriate to be computerized,
Record so computerized should be connected though a network on different
systems so that access to such records is facilitated.

Suo Motu Disclosure: Every public authority should provide as much information
suo motu to the public through various means of communications so that the
public have minimum resort to the use of the Act to obtain information. Internet
being one of the most effective means of communications, the information may
be posted on the website.
Empowering Laws Section 4(l)(b) of the Act, in particular, requires every public authority to publish
following sixteen categories of information:
J the parliament of its organization, functions and duties;
J the powers and duties of its officers and employees;
the procedure followed in the decision-making process, including channels
of supervision ahd accountability;
the norms bet by it f6r the discharge of its functions;
the rules, regulations, instructions, manuals and records, held by it or under
its control or used by its employees for discharging its functions;
a statement of the categories of document that are held by it or under its
control;
the particulars of any arr'angement that exists for consultation with, or
representation by, the members of the public in relation to the formulation
of its policy or implementation thereof;
a statement of the boards, councils, committees and other bodies consisting
of two or more persons constituted as part or for the purpose of its advice,
and as to whether meetings of those boarda, councils, committees and other
bodies are open to the public, or the minutes of such meetings are accessible
for public;
J directory of its officers and employees;
the monthly remuneration received by each of its officers and employees,
including the systeni of compensation as provided in its regulations;
the budget allocated to each of its aplcies, 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 of beneficiaries of such programmes;
J particulars of recipients of concessions, permits or authorizations granted
by it;
details in respect of the information, available to or held by it, reduced into
an electronic from:
J the piWiculars of facilities available to citizens for obtaining information,
including the wofkirlg hours of a library or reading room, if reduced into an
electronic from;
4 the names, designations and other particulars of the Public Information
Officers.
Besides the categories of information enumerated above, the Government may
prescribe other categories of information to be published by any public authority.
It need not be stressed that publication of the information as referred to above is
not optional. It is a statutory requirement which every public authority is bound
to meet. Another important point to note is that it is not sufficient to publish the
above information once. The public authority is obliged to update such
information every year. It is advisable that, as far as possible, the information
should be updated as and when any development takes place. Particularly, in
case of publication on the internet, the information should be kept updated all
the time.
Dissemination of Information: The public authority should widely disseminate Right to Information -
Right to Information Act.
the information. Dissemination should be done in such form and manner which 2005
is easily accessible to the public. It may be done through notice boards,
newspapers, public announcements, media broadcast, the internet or any other
means. The public authority should take into consideration the cost-effectiveness,
local language and most effective method of communication in the local area
while disseminating the information.

Publication of Facts about Policies and Decision: Public authorities formulate

policies and take various decisions from time to time. As provided in the Act,
while formulating important policies or announcing the decisions affecting the
public, the public authority should publish all relevant facts about such policies
and decisions for the information of public at large.

Providing Reasons for Decisions: The public authorities take various

administrative and quasi-judicial decisions which, some times, affect the interests
of certain persons. It is mandatory for the concerned public authority to provide
reasons for such decisions to the affected persons. It may be done by using
appropriate mode of communication.

Acceptance of Fee: According to the Right to Information (Regulation of Fee

and Cost) Rules, 2005 as amended by the Right to Information (Regulation of
Fee and Cost) Rules, 2006, an applicant can make payment of fee in cash or by
demand draft or bankers cheque or Indian Postal Order payable to the Accounts
Officer of the public authority. The public authority should ensure that payment
by any of the above modes is not denied or the applicant is not compelled to
draw IPO, etc. in the name of any officer other than the Accounts Officer. If any
public authority does not have any Accounts Officer, an officer may be designated
as such for the purpose of receiving fee under the RTI Act or rules made thereunder.

Transfer of Applications: The Act provides that if an application is made to a

public authority requesting for an information which is held by another public
authority or the subject matter of which is more closely connected with the
functions of another public authority, the public authority to which such
application is made, shall transfer the application or relevant part of it to that
other public authority within five days from the receipt of the application. The
public authority should sensitise its officers about this provision of the Act lest
the public authority is held responsible for delay.

Compliance with the Orders of the CZC: While deciding an appeal, the Central
Information Commission, may require the concerned public authority to take
such steps as may be necessary to secure compliance with the provisions of the
Act. In this regard the Commission may pass an order to provide information to
an applicant in a particular form; appoint a Public Information Officer; publish
certain information or categories of information; make necessary changes to its
practices in relation to the maintenance, management and destruction of records;
enhance the provision of training for officials;provide an annual report as prepared
in compliance with clause (b) of sub-section (1) of Section 4.

The Commission has power to pass orders requiring a public authority to

compensate the complainant for any loss or other detriment suffered by him. It
also has power to impose penalty on the Public Information Officer as provided
51
Empowering Laws in the Act. It may be noted that penalty is imposed on the Public Information
Officer which is to be paid by him. However, the compensation ordered by the
Commission to be paid to an applicant would have to be paid by the public
authority. The decisions of the Commission are binding. The public authority
should ensure that the orders passed by the Commission are implemented. If any
public authority is of the view that an order of the Commission is not in
consonance with the provisions of the Act, it may approach the High Court by
way of a Writ petition.

Annual Report of the CIC: The Central Information Commission, after the end
each year, is required to prepare a report on the implementation of the Provisions
of the Act during that year. Each Ministry or Department is required, in relation
to the public authorities within its jurisdiction, to commission for preparation of
the report. The report of the Commission, inter-alia, contains the following
information in respect of the yea1 to which the report relates:
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 the Act under which
these decisions were made and the number of times such provisions were
invoked;
particulars of any disciplinary action taken against any officer in respect of
the administration of the Act;
the amount of charges collected by each public authority under the Act; and
any facts which indicate an effort by the public authorities to administer and
implement the spirit and intention of the Act.

Every public authority should send necessary material to its administrative

MinistrylDepartment soon after the end of the year so that the Ministry/
Department may incorporate the same in its report.

If it appears to the Central Information Commission that a practice of the public

authority in relation to the exercise of its functions under the Act does not conform
with the provisions or spirit of the Act, it may give a recommendation to the
authority specifying the steps ought to be taken for promoting such conformity.
The concerned public authority should take necessary action to bring its prhctice
in conformity with the Act.

Development of Programmes: It is expected of each public authority that it

would develop and organize educational programmes to advance the
understanding of the public, in particular of disadvantaged communities, as to
how to exercise the rights contemplated under the Act and ensure timely and
effective dissemination of accurate information about their activities. Training
of the Public Information Officers and other officers of a public authority is very
important for meeting these expectations and effective implementation of the
provisions of the Act. The public authorities should, therefore, arrange for training
of their officers designated as Public Information OfficerlFirstAppellate Authority
and other officers who are directly or indirectly involved in the implementation
of the provisions of the Act.

52
 Right to Information -
Check Your Progress Right to Information Act,
2005
Notes: a) Space given below the question is for writing your answer.
b) Check your answer with the one given at the end of this unit under
"Answers to 'Check Your Progress' Questions".
4) Define public authority, in the context of right to information.
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
6.4.4 Procedure for Accessing Information
In this sub-section, we deal with the procedure related to accessing of information
from the pubic authorities or information officers including the appeals to the
concerned as may be required in respect of obtaining the information. The first
and the foremost you can approach are the concerned information officers.

6.4.4.1 Information Officers

Section 5 of the Right to Information Ac, 2005 provides for the designation of
Public Information Officer. According to this section, within 100 days from the
commencement of the Act all public authorities shall designate some of their
officers as CentralJState Public Information Officers. They shall also designate
some of their officers as Centralistate Assistant Public Information Officers.
Public Information Officers are officers of the whole public authority. They do

I
not have any territorial jurisdiction or subjective jurisdiction. It is not possible to
fix the Public Information Officer concerned with any one Department or section
of Public Authority. That is why. the Act provided that the Public Information
Officers shall seek the needed information from any source within the public
I
authority. Public Information Officer is deemed to be repository of all the
information available with public authority (Acharya, 2008, p.27).

6.4.4.2 Central Information Commission

Section 12 of the RTI Act, 2005 provides for Central Information Commission.
It was constituted by the Central Government by notification in the official gazette.
The Chief Information Commissioner and number of Central Information
Commissioners (not exceeding 10) are appointed by the President on the
recommendations of a committee consisting of:
i 1) Prime Minister as Chairperson;
2) Leader of the Opposition in Lok Sabha; and
3) A Union Cabinet Minister to be nominated by the Prime Minister.
Empowering Laws The Chief Information Commissioner and Information Commissioners shall be
persons of eminence in public life with knowledge and experience in law, science
and technology, social service, management, journalism, mass media or
administration and governance. Such commissioners shall not be members of
parliament or members of the state legislatures or union territories or hold any
other office of profit or connected with any political party or carrying any business
or profession.

6.4.4.3 State Information Commission

It is constituted by State Government by notification in official gazette under
section 15 of the RTI Act, 2005. The State Commission consists of the State
Chief Information Commissioner and number of State Information
Commissioners (not exceeding 10).These Commissioners shall be appointed by
the Governor on the recommendations of a committee consisting of:
1) The Chief Minister as the Chairperson;
2) The Leader of opposition in the Legislative Assembly; and
3) A Cabinet Minister to be nominated by the Chief Minister.
6.4.4.4 Procedure for Accessing Information
Here, we will look at some details related to accessing information.
Request for Information (Section 6): 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 Central Public Infomiation Officer or State Public Information Officer
or the Assistant CPIO or P I 0 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 and full details of his identification,
i.e. name, address, etc. There is no requisite fee for those who are residing in
below poverty line.

When an applicant cannot make a request in writing, the Public Information

Officer shall render all reasonable assistance to the applicant making the request
orally to reduce same in writing.

The applicants need not to give any reason for requisitioning the information or
any other personal details except those that may be necessary for contacting
him.

Time limit for Disposal of Request: A request shall be disposed off as

expeditiously as possible, subject to the maximum time limit as follows:-
a) In ordinary course - 30 days;
b) If the information concerns the life or liberty of a person -48 hours;
c) If the request is made to an Assistant Public Information Officer -Normal
time + five days;
d) If the request relates to third party - 40 days;
e) If the request involves information pertaining to the allegation of human
rights violation in relation to specified Intelligence and Security Organization
- 45 days.
Disposal of Request: On receipt of a request for infomatian, the PI0 shall, Right to Information -
Right to Information Act.
either provide the information on payment of prescribed fee or reject the request. 2005
If the request pertains to information concerning a third party, then the
representation made by the third party shall be taken into consideration by the
P I 0 before taking decision on the request.

6.4.4.5 Appeals
We discuss below the procedure related to appeals under the RTI act.
i) FirstAppeal: 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 for the application, communication
in this regard should be sent to the applicant within the time limit prescribed
for sending information. If the applicant does not receive information or
decision about rejection or request or communication 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 CPIO regarding supply of information or the quantum
of fee decided by CPIO.

Appeal in relation to Third Party Information: Third party in relation to

the Act means a person other than the citizen who has made the request for
information. Any public authority other than the public authority to whom
the request has been made shall also be included in the definition of third
Party.
It may be noted that information including commercial confidence, trade
secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party, is exempt from disclosure. Section
8(I)(d) requires that such information should not be disclosed unless the
competent authority is satisfied that larger public interest warrants the
disclosure of such information.
If an applicant seeks any information which relates to or has been supplied
by a third party and that third party has treated that information as confidential,
the Central Public Information Officer should consider whether the
information should be disclosed or not. The guiding principle in such cases
should be that except in the case of trade or commercial secrets protected by
law, disclosure may be allowed if the public interest in disclosure outweighs
the importance or any possible harm or injury to the interests of such third
party. However, procedure as given below should be followed before
disclosing such information.
It may be noted that this procedure need be followed oniy when the third
party has treated the information as confidential. If the CPIO intends to
disclose the information, he should within five days from the receipt of the
application, give a written notice to the third party that the information has
been sought by the applicant under the RTI Act and that he intends to disclose
the information. He should request the third party to make a submission in
writing or orally, regarding whether the information should be disclosed.
The third party should be given a time of ten days, from the date of receipt of
the notice by him, to make representation against the proposed disclosure, if
Empowering Laws The Central Public Information Officer should make a decision regarding
disclosure of the information keeping in view the submission of the third
party. Such a decision should be taken within forty days from the date of
receipt of the request for information. After taking the decision, the CPIO
should give a notice of his decision to the third party in writing. The notice
given to the third party should include a statement that the third party is
entitled to prefer an appeal under Section 19 against the decision.
The third party can prefer an appeal to the First Appellate Authority against
the decision made by the Central Public Information Officer within thirty
days from the date of the receipt of notice. If not satisfied with the decision
of the First Appellate Authority, the third party can prefer the second appeal
to the Central Information Commission. If an appeal has been filed by the
third party against the decision of the CPIO to disclose the third party
information, the information should not be disclosed till the appeal is decided.
Time Limit for Filling of FirstAppeal: The first appeal may be made within
30 days from the date of expiry of the prescribed period or from the date of
receipt of communication from the CPIO. If the First Appellate Authority is
satisfied that the appellant was prevented by sufficient cause from filing the
appeal, the appeal may be admitted after 30 days also.
Disposal ofAppeal: Deciding appeals under the RTI Act is a quasi-judicial
function. It is, therefore, necessary that the appellate authority should see to
it that the justice is not only done but it should also appear to have been
done. In order to do so, the order passed by the appellate authority should be
a speaking order giving justification for the decision arrived at.
Time Limit for Disposal ofAppeal: The appeal should be disposed off within
30 days of receipt of the appeal. In exceptional cases, the Appellate Authority
may take 45 days for its disposal. However, in cases where disposal of appeal
takes more than 30 days, the Appellate Authority should record in writing
the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant should be
supplied information in addition to what has been supplied to him by the
CPIO, he may either: i) pass an order directing the CPIO to give such
information to the appellant; or ii) himself give information to the appellant
while disposing off the appeal. In the first case the appellate authority should
ensure that the information ordered by him to be supplied is supplied to the
appellant immediately. It would, however, be better if the appellant authority
chooses the second course of action and he himself furnishes the information
along with the order passed by him in the matter.
If, in any case, the CPIO does not implement the order passed by the appellant
authority and the appellate authority feels that intervention of higher authority
is required to get his order implemented, he should bring the matter to the
notice of the officer in the public authority competent to take action against
the CPIO. Such competent officer shall take necessary action so as to ensure
implementation of the provisions of the RTI Act.
ii) Second Appeal: It is dealt with under Section 19 which is as follows.
1) Any person who does not receive a decision within the time specified
in sub-section (I) or clause (a) of sub-section (3) of Section 7, or is
 aggrieved by a decision of the Central Public Information Officer or Right to Information -
Right to Information Act,
State Public Information Officer, as the case may be, may within thirty 2005
days from the expiry of such period or from the date of 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 11to 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

Inforrqation 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) .........
6) .........
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:

a) require the public authority to take any such steps as may be

necessary to secure compliance with the provisions of this Act,
including:
by providing access to information, if so requested, in a
particular form;
by appointing a Central Public Information Officer or State
Public Information Officer, as the case may be;
by publishing certain information or categories of information;
by making necessary changes to its practices in relation to the
57
Empowering Laws maintenance, management and destruction of records;
by enhancing the provision of training on the right to
information for its officials;
by providing it with an annual report in compliance with clause
(b) of sub-section (1) of Section 4;
a) require the public authority to compensate the complainant for any
loss or other detriment suffered;
b) impose any of the penalties provided under this Act;
C) 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 (Srinivas Madhav, 2008, p. 145).

Bar to Jurisdiction of Courts: Section 23 of the Act provides that no court

shall entertain any suit, application or other proceeding in respect of any order
made under the Act and no such order shall be called in question otherwise than
by way of an appeal under the Act.

Check Your Progress

Notes: a) Space given below the question is for writing your answer.
b) Check your answer with the one given at the end of this unit under
"Answers to 'Check Your Progress' Questions".
5) What is the procedure for accessing information under the Right to
Informtition Act, 2005?
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
................................................................................................................
- "

6.5 SOME INSTANCESBELEVANT CASES

In MI:X v Hospital Z (1998, p.296), the Supreme Court held that it was open to
the hospital authorities or the doctors concerned to reveal such information to
the persons related to the girl whom he intended to marry as she has a right to
know about the HIV positive status of the appellant.

Mr. Anil Kumar Sharma (2006100648 Dt 04/04/07) requested for certified copy
of the written statements of the Directors during survey and it was held that
58 Information was denied u/s 8(l)(d) and also because it was third party information.
The CIC held that it has been a consistent view that result of enquiry conducted Right to Information -
Right to Information Act,
by a public authority should be given to the person making the request deleting 2005
from it the names of the informer, etc., u/s 10(1),or the info may be denied if the
investigation is in progress. The CIC has steadfastly declined to disclose
information of depositions, sources of information received by the public
authority, statements by witnesses, etc., under Sectio~~ 8(l)(g).

Mr. Rajesh Bhatia, Hyderabad (2007100282 Dt 28/05/07) requested for details

of tax evasion and it was held that the matter was still undergoing enquiry and,
therefore, the information in the present shape cannot be disclosed. Whether it
can be disclosed after the assessment has been finalized and the tax liability
determined, is a matter which can be taken up at an appropriate time.

Mr. Jatinder Kumar Aggarwal(2007100115 Dt 05/04/97) requested for file notings

pertaining to the issue of a Notification and it was held that File noting of open
files (not budget files) should be disclosed. If the respondents wish then as per
provisions of section lO(1) the names and other derails may be deleted.

In Union of India v Association for Democratic Reforms and another (2001,

p.2112) the Supreme Court held that under our constitution, Art. l9(1) provides
for freedom of speech, and expression in case of election would include casting
of votes, that is to say, voter speaks out or expresses by casting vote. For this
purpose, information about the candidate's antecedents including criminal past
of his candidate contesting election for MP or MLA is much more fundamental
and basic far survival of democracy. The little man may think over before making
his choice of electing law-breakers as law-makers.

6.6 LET US SUM UP

We have presented you the need and significance of information to an individual
in promoting transparency and accountability of public offices and the officers
toward the society and the nation. We have highlighted the concept of right to
information, the evolution of right to information, and important aspects of the
Right to Information Act, 2005.

We believe that the knowledge and understanding you have got here will enable
you, as a citizen in general and as an adult educator in particular, to play your
roles in more effective manner in protecting and promoting the democratic values
and transparency in administration and governance of the country.

6.7 ANSWERS TO 'CHECK YOUR PROGRESS'

QUESTIONS
1) Information is indispensable for the functioning of a true democracy. People
have to be kept informed about current affairs and broad issues related to
political, social and economic development of the nation. Free exchange of
ideas and free debate are essentially.desirable for the Government of a free
country. In this Age of Information, value of information as a critical factor
in socio-cultural, economic and political development is being increasingly
felt. In a fast developing country like India, availability of information needs
to be assured in the fastest and simplest form possible. This is important
59
Empowering Laws because every developmental process depends on the availability of
information - information is power that helps in promoting transparency,
democracy and development.

2) Sub-section (1) of Section 8 and Section 9 of the RTI Act enumerate the
categories of information which is exempted from disclosure. Sub-section
(2) of Section 8, however, provides that information exempted under sub-
section (1) or that exempted under the Official Secrets Act, 1923 can be
disclosed if public interest in disclosure overweighs the harm to the protected
interest. Further, sub-section (3) of Section 8 provides that information
exempted from disclosure under sub-section (I), except as provided in clauses
(a), (c) and (i) thereof, would cease to be exempted after 20 years from the
date of occurrence of the related event, etc.

It may be noted that Section 8(3) of the Act does not require the pubIic
authorities to retain records for indefinite period. The records should be
retained as per the record retention schedule applicable to the concerned
public authority. Information generated in a file may survive in the form of
an OM or a letter or in any other event after destruction of the filelrecord.

The Act requires furnishing of information so available after the lapse of 20

years even if such information was exempt from disclosure under sub-section
(1) of Section 8. It means that the information which, in normal course, is
exempt from disclosure under sub-section (1) of Section 8 of the Act, would
cease to be exempted if 20 years have lapsed after occurrence of the incident
to which the information relates. However, the following types of information
would continue to be exempted and there would be no obligation, even after
lapse of 20 years, to give any citizen:
information disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific or
economic interest of the State, relation with foreign state or lead to
incitement of an offence;
information the disclosure of which would cause a breach of privilege
of Parliament or State Legislature; or
Cabinet papers including records of deliberation of the Council of
Ministers, Secretaries and other Officers subject to the conditions given
in proviso to clause (i) of sub-section (I) of Section 8 of the Act
3) Third Party: Section 1l(1) defines 'third party'; to mean 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, he is requesting for an information related to third party.

Right of Third Party: If a P I 0 receives a request for an information wbicb is

related to or has been supplied by a third party, then he shall within 5 days of
receipt of such request, give a written notice to such third party informing
him of the request and the fact that the officer intends to disclose the
information on record, or any part thereof. The third party is entitled to make
a submission in writing or orally as to whether such information be disclosed
or not, within 10days from the date of receipt of notice. And the officer shall
keep in view such submission while taking a decision in this matter.
60
I1 4) According to Section 2(h) of the Right to X~formatjonAct, 2005 Publjr,
authority means any authority or body or institution sf self-government
established or constituted;

a) By or under the Constitution;

Right to Intormatiqn -
ZOOS
wat~wrm;lti0nAct7

4 b) By any other law made by Parliament;

c) By any other law made by State Legislature;
d) By notification issued or order made by the appropriate Government,
and includes any:
i) body owned, controlled or substantially financed by the appropriate
Government; and
ii) non-Government organization substantially financed, directly or
indirectly by funds provided by the appropriate Government.
I

Public authoyity shoula incrude private bodies performing public functions.

This measure will facilitate the right t i information described by Sec.6(b) of
the Cansumer Protection Act, 1986.

5 ) Following i s the procedure for accessing information.

fiequest for Information (Sec 6): Any person, who desires to obtain any
information, shdl make a request in writing ar through electronic means in
English or Hindi or in *e official language of the area in which the application
is being made to the Central Public Information Officer or State h b l i c
Information Offices or the Assistant CPIO or PI0 of the public authority
concerned. The request shauld specify the particulars of the informatiog
sought by tbe applicant and should be accompanied by the requisite fee and

fee for those who are living below poverty line.

When an applicant cannot make a request in writing, the Public Information

Officer shall render all rea\onable assistance fo: @e applicant making the
request orally to reduce same to writing. The applicants need not to give any
reason for requisitioning the information or any other personal details except
those that may be necessary for contacting him.

6.8 REFERENCES
Acharaya N. K. 2006. Commentary on the Right to Information Act, 2005.
Hyderabad: Asia Law House.
Anil Kumar Sharma (2006/00648 Dt 04/04/07), at www.incametaxindia.gov.in/
archiveIRT1.

Srinivss Madhav. 2008. Right to I ~ o m a t i o nHyderabad:

. Asia Law House.
The Right to Information Act, 2005 (Bare Act).
61
Empowering Laws Cases

M KX v Hcrspital 2. 1998.Supreme Court Cases (8)295.

Sptyapal v CPIO, TCIL. www.scribd.com1doc.
Union of India associationfor Democratic Reforms and another (2001,p.2 1 12)
www.incometaxindia.gov.in/ar~hive/RTJ-Digest~l6102~7.pd.
Suggested Readings
Banerjee, Ritu. 2010. The Right to Information Act in India: Concepts and
Problems. New Delhi: Soujanya publications.

Sathe, S. P. 2006.Right to Information. Nagpur: LexisNexis, Buttenvorths.

Vyawharik Margdarshika. 2007.The Right to Information. New Delhi: Rajkamai