Frequently Asked Questions
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When does it
come into force?
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Who is
covered?
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What does
information mean?
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What does
Right to Information mean?
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What are the
obligations of public authority?
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What is not
open to disclosure?
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Is partial
disclosure allowed?
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What does a
"public authority" mean?
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Who is
excluded?
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Who are
'Third Parties'?
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Who are
Public Information Officers (PIOs)?
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What are the
duties of a PIO?
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What is the
Application Procedure for requesting information?
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What is the
time limit to get the information?
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What is the
fee?
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What could
be the ground for rejection?
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Who are the
Appellate Authorities?
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How is
Central Information Commission constituted?
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What is the
eligibility criteria and what is the process of
appointment of CIC/IC?
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What is the
term of office and other service conditions of CIC?
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What is the
term of office and other service conditions of IC?
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How is the
State Information Commission constituted?
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What is the
eligibility criterion and what is the process of
appointment of State Chief Information
Commissioner/State Information Commissioners?
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What are the
powers and functions of Information Commissions?
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What is the
reporting procedure?
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What are the
penalty provisions?
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What is the
jurisdiction of courts?
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What is the
role of Central/State Governments?
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Who has the
Rule making power?
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Who has the
power to deal with the difficulties while
implementing this act?
1. When does it come into force?
It comes into force on the 12th October, 2005 (120th
day of its enactment on 15th June, 2005). Some
provisions have come into force with immediate effect
viz. obligations of public authorities [S.4(1)],
designation of Public Information Officers and Assistant
Public Information Officers[S.5(1) and 5(2)],
constitution of Central Information Commission (S.12 and
13), constitution of State Information Commission (S.15
and 16), non-applicability of the Act to Intelligence
and Security Organizations (S.24) and power to make
rules to carry out the provisions of the Act (S.27 and
28).
2. Who is covered?
The Act extends to the whole of India except the
State of Jammu and Kashmir. [S.(12)]
3. What does information mean?
Information means any material in any form including
records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in
any electronic form and information relating to any
private body which can be accessed by a public authority
under any other law for the time being in force but does
not include "file notings" [S.2(f)].
4. What does Right to Information mean?
It includes the right to -
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inspect works, documents,
records.
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take notes, extracts or
certified copies of documents or records.
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take certified samples of
material.
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obtain information in form
of printouts, diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through
printouts.[S.2(j)]
5. What are the obligations of public authority?
It shall publish within one hundred and twenty days
of the enactment:-
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the particulars of its
organization, functions and duties;
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the powers and duties of
its officers and employees;
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the procedure followed in
its decision making process, including channels of
supervision and accountability;
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the norms set by it for the
discharge of its functions;
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the rules, regulations,
instructions, manuals and records used by its
employees for discharging its functions;
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a statement of the
categories of the documents held by it or under its
control;
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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;
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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;
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a directory of its officers
and employees;
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the monthly remuneration
received by each of its officers and employees,
including the system of compensation as provided in
its regulations;
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the budget allocated to
each of its agency, indicating the particulars of
all plans, proposed expenditures and reports on
disbursements made;
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the manner of execution of
subsidy programmes, including the amounts allocated
and the details and beneficiaries of such programmes;
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particulars of recipients
of concessions, permits or authorizations granted by
it;
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details of the information
available to, or held by it, reduced in an
electronic form;
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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;
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the names, designations and
other particulars of the Public Information
Officers.[S.4(1)(b)]
6. What is not open to disclosure?
The following is exempt from disclosure [S.8)]
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information, disclosure of
which would prejudicially affect the sovereignty and
integrity of India, the security, strategic,
scientific or economic interests of the State,
relation with foreign State or lead to incitement of
an offence
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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;
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information, the disclosure
of which would cause a breach of privilege of
Parliament or the State Legislature;
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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;
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information available to a
person in his fiduciary relationship, unless the
competent authority is satisfied that the larger
public interest warrants the disclosure of such
information;
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information received in
confidence from foreign Government;
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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;
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information which would
impede the process of investigation or apprehension
or prosecution of offenders;
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cabinet papers including
records of deliberations of the Council of
Ministers, Secretaries and other officers;
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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 the individual;
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Notwithstanding any of the
exemptions listed above, a public authority may
allow access to information, if public interest in
disclosure outweighs the harm to the protected
interests.
7. Is partial disclosure allowed?
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. [S.10]
8. What does a "public authority" mean?
It means any authority or body or institution of
self-government established or constituted: [S.2(h)]
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by or under the
Constitution;
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by any other law made by
Parliament;
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by any other law made by
State Legislature;
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by notification issued or
order made by the appropriate Government.and
includes any-
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body owned,
controlled or substantially financed
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non-Government
organization substantially financed directly or
indirectly by the appropriate Government.
9. Who is excluded?
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 valuations could be given but only with the
approval of the Central or State Information Commission,
as the case may be. [S.24)]
10. Who are 'Third Parties'?
A third party means a person other than the citizen
making a request for information and includes a public
authority. Third parties have a right to be heard in
respect of applications and appeals dealing with
information submitted by them to the Government in
confidence. [S.2(n) and S.11]
11. Who are Public Information Officers (PIOs)?
PIOs are officers designated by the public
authorities in all administrative units or offices under
it to provide information to the citizens requesting for
information under the Act. Any officer, whose assistance
has been sought by the PIO for the proper discharge of
his or her duties, shall render all assistance and for
the purpose of contraventions of the provisions of this
Act, such other officer shall be treated as a PIO.
12. What are the duties of a PIO?
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PIO shall deal with
requests from persons seeking information and where
the request cannot be made in writing, to render
reasonable assistance to the person to reduce the
same in writing.
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If the information
requested for is held by or its subject matter is
closely connected with the function of another
public authority, the PIO shall transfer, within 5
days, the request to that other public authority and
inform the applicant immediately.
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PIO may seek the assistance
of any other officer for the proper discharge of
his/her duties.
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PIO, on receipt of a
request, shall as expeditiously as possible, and in
any case within 30 days of the receipt of the
request, either provide the information on payment
of such fee as may be prescribed or reject the
request for any of the reasons specified in S.8 or
S.9.
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Where the information
requested for concerns the life or liberty of a
person, the same shall be provided within
forty-eight hours of the receipt of the request.
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If the PIO fails to give
decision on the request within the period specified,
he shall be deemed to have refused the request.
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Where a request has been
rejected, the PIO shall communicate to the requester
- (i) the reasons for such rejection, (ii) the
period within which an appeal against such rejection
may be preferred, and (iii) the particulars of the
Appellate Authority.
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PIO shall provide
information in the form in which it is sought unless
it would disproportionately divert the resources of
the Public Authority or would be detrimental to the
safety or preservation of the record in question.
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If allowing partial access,
the PIO shall give a notice to the applicant,
informing:
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that only part of the
record requested, after severance of the record
containing information which is exempt from
disclosure, is being provided;
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the reasons for the
decision, including any findings on any material
question of fact, referring to the material on which
those findings were based;
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the name and
designation of the person giving the decision;
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the details of the
fees calculated by him or her and the amount of fee
which the applicant is required to deposit; and
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his or her rights
with respect to review of the decision regarding
non-disclosure of part of the information, the
amount of fee charged or the form of access
provided.
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If information sought has
been supplied by third party or is treated as
confidential by that third party, the PIO shall give
a written notice to the third party within 5 days
from the receipt of the request and take its
representation into consideration.
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Third party must be given a
chance to make a representation before the PIO
within 10 days from the date of receipt of such
notice.
13. What is the Application Procedure for requesting
information?
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Apply in writing or through
electronic means in English or Hindi or in the
official language of the area, to the PIO,
specifying the particulars of the information sought
for.
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Reason for seeking
information are not required to be given;
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Pay fees as may be
prescribed (if not belonging to the below poverty
line category).
14. What is the time limit to get the information?
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30 days from the date of
application
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48 hours for information
concerning the life and liberty of a person
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5 days shall be added to
the above response time, in case the application for
information is given to Assistant Public Information
Officer.
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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).
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Failure to provide
information within the specified period is a deemed
refusal.
15. What is the fee?
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Application fees to be
prescribed which must be reasonable.
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If further fees are
required, then the same must be intimated in writing
with calculation details of how the figure was
arrived at;
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Applicant can seek review
of the decision on fees charged by the PIO by
applying to the appropriate Appellate Authority;
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No fees will be charged
from people living below the poverty line
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Applicant must be provided
information free of cost if the PIO fails to comply
with the prescribed time limit.
16. What could be the ground for rejection?
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If it is covered by
exemption from disclosure. (S.8)
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If it infringes copyright
of any person other than the State. (S.9)
17. Who are the Appellate Authorities?
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First Appeal: First appeal
to the officer senior in rank to the PIO in the
concerned Public Authority within 30 days from the
expiry of the prescribed time limit or from the
receipt of the decision (delay may be condoned by
the Appellate Authority if sufficient cause is
shown).
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Second Appeal: Second
appeal to the Central Information Commission or the
State Information Commission as the case may be,
within 90 days of the date on which the decision was
given or should have been made by the First
Appellate Authority. (delay may be condoned by the
Commission if sufficient cause is shown).
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Third Party appeal against
PIO's decision must be filed within 30 days before
first Appellate Authority; and, within 90 days of
the decision on the first appeal, before the
appropriate Information Commission which is the
second appellate authority.
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Burden of proving that
denial of Information was justified lies with the
PIO.
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First Appeal shall be
disposed of within 30 days from the date of its
receipt. Period extendable by 15 days if necessary.
(S.19)
18. How is Central Information Commission
constituted?
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Central Information
Commission to be constituted by the Central
Government through a Gazette Notification.
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Commission includes 1 Chief
Information Commissioner (CIC) and not more than 10
Information Commissioners (IC) who will be appointed
by the President of India.
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Oath of Office will be
administered by the President of India according to
the form set out in the First Schedule.
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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.
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Commission will exercise
its powers without being subjected to directions by
any ther authority. (S.12)
19. What is the eligibility criteria and what is the
process of appointment of CIC/IC?
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Candidates for CIC/IC must
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.
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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 connected with any
political party or carrying on any business or
pursuing any profession. (S.12)
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Appointment Committee
includes Prime Minister (Chair), Leader of the
Opposition in the Lok Sabha and one Union Cabinet
Minister to be nominated by the Prime Minister.
20. What is the term of office and other service
conditions of CIC?
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CIC shall be appointed for
a term of 5 years from date on which he enters upon
his office or till he attains the age of 65 years,
whichever is earlier.
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CIC is not eligible for
reappointment.
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Salary will be the same as
that of the Chief Election Commissioner. This will
not be varied to the disadvantage of the CIC during
service. (S.13)
21. What is the term of office and other service
conditions of IC?
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IC shall hold office for a
term of five years from the date on which he enters
upon his office or till he attains the age of
sixty-five years, whichever is earlier and shall not
be eligible for reappointment as IC.
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Salary will be the same as
that of the Election Commissioner. This will not be
varied to the disadvantage of the IC during service.
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IC is eligible for
appointment as CIC but will not hold office for more
than a total of five years including his/her term as
IC. (S.13)
22. How is the State Information Commission
constituted?
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The State Information
Commission will be constituted by the State
Government through a Gazette notification. It will
have one State Chief Information Commissioner (SCIC)
and not more than 10 State Information Commissioners
(SIC) to be appointed by the Governor.
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Oath of office will be
administered by the Governor according to the form
set out in the First Schedule.
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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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The Commission will
exercise its powers without being subjected to any
other authority.
23. What is the eligibility criterion and what is
the process of appointment of State Chief Information
Commissioner/State Information Commissioners?
The Appointments Committee will be headed by the
Chief Minister. 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 salary of the State Chief Information
Commissioner will be the same as that of an Election
Commissioner. The salary of the State Information
Commissioner will be the same as that of the Chief
Secretary of the State Government. (S.15)
24. What are the powers and functions of Information
Commissions?
- The Central Information Commission/State
Information Commission has a duty to receive
complaints from any person -
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who has not been able
to submit an information request because a PIO has
not been appointed ;
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who has been refused
information that was requested;
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who has received no
response to his/her information request within the
specified time limits ;
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who thinks the fees
charged are unreasonable ;
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who thinks
information given is incomplete or false or
misleading ;and
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any other matter
relating to obtaining information under this law.
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Power to order inquiry if
there are reasonable grounds.
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CIC/SCIC will have powers
of Civil Court such as -
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summoning and
enforcing attendance of persons, compelling them to
give oral or written evidence on oath and to produce
documents or things;
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requiring the
discovery and inspection of documents;
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receiving evidence on
affidavit ;
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requisitioning public
records or copies from any court or office
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issuing summons for
examination of witnesses or documents
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any other matter
which may be prescribed.
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All records covered by this
law (including those covered by exemptions) must be
given to CIC/SCIC during inquiry for examination.
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Power to secure compliance
of its decisions from the Public Authority includes-
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providing access to
information in a particular form;
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directing the public
authority to appoint a PIO/APIO where none exists;
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publishing
information or categories of information;
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making necessary
changes to the practices relating to management,
maintenance and destruction of records ;
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enhancing training
provision for officials on RTI;
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seeking an annual
report from the public authority on compliance with
this law;
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require it to
compensate for any loss or other detriment suffered
by the applicant ;
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impose penalties
under this law; or
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reject the
application. (S.18 and S.19)
25. What is the reporting procedure?
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Central Information
Commission will send an annual report to the Central
Government on the implementation of the provisions
of this law at the end of the year. The State
Information Commission will send a report to the
State Government.
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Each Ministry has a duty to
compile reports from its Public Authorities and send
them to the Central Information Commission or State
Information Commission, as the case may be.
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Each report will contain
details of number of requests received by each
Public Authority, number of rejections and appeals,
particulars of any disciplinary action taken, amount
of fees and charges collected etc.
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Central Government will
table the Central Information Commission report
before Parliament after the end of each year. The
concerned State Government will table the report of
the State Information Commission before the Vidhan
Sabha (and the Vidhan Parishad wherever applicable).
(S.25)
26. What are the penalty provisions?
Every PIO will be liable for fine of Rs. 250 per day,
up to a maximum of Rs. 25,000/-, for -
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not accepting an
application;
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delaying information
release without reasonable cause;
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malafidely denying
information;
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knowingly giving
incomplete, incorrect, misleading information;
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destroying information that
has been requested and
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obstructing furnishing of
information in any manner.
The Information Commission (IC) at the Centre and the
State levels will have the power to impose this penalty.
The Information Commission can also recommend
disciplinary action for violation of the law against an
erring PIO. (S.20)
27. What is the jurisdiction of courts?
Lower Courts are barred from entertaining suits or
applications against any order made under this Act.
(S.23) However, the writ jurisdiction of the Supreme
Court and High Courts under Articles 32 and 225 of the
Constitution remains unaffected.
28. What is the role of Central/State Governments?
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Develop educational
programmes for the public especially disadvantaged
communities on RTI.
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Encourage Public
Authorities to participate in the development and
organization of such programmes.
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Promote timely
dissemination of accurate information to the public.
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Train officers and develop
training materials.
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Compile and disseminate a
User Guide for the public in the respective official
language.
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Publish names, designation
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. (S.26)
29. Who has the Rule making power?
Central Government, State Governments and the
Competent Authority as defined in S.2(e) are vested with
powers to make rules to carry out the provisions of the
Right to Information Act, 2005. (S.27 & S.28)
30. Who has the power to deal with the difficulties
while implementing this act?
If any difficulty arises in giving effect to the
provisions in the Act, the Central Government may, by
Order published in the Official Gazette, make provisions
necessary/expedient for removing the difficulty. (S.30)
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