Manali Municipal Council

The Right to Information Act, 2005 (15th June, 2005)
It is expedient for a public authority to provide certain information to the citizens who desire to have it.
Obligation for public authority

To ensure greater and more effective access to information under the control of public authorities
To promote transparency and accountability in working of public institutions/organizations

What does it include?

Statutory provisions made for right to information
Public Authority is under the obligation to provide information within 30 days form the date of request in normal cases or within 48 hours if information is a matter of life or liberty of a person


The right to
Inspection of work, document records
Taking notes, extracts, or certified copies of documents or records;
Taking certified samples of material;

What does INFORMATION mean?
It means any material in any form including
press releases

RECORD means
Any document manuscript and file
Any microfilm, microfiche and facsimile copy of a document
Any reproduction of image embodied in such microfilm
Any other material produced by a computer or any other device

Institutional setup
1. LEVEL 1
Individual Institution/ Organization / Department/ office/ Establishment will have
Public Information officer PIO (designated)
Assistant PIO (designated)

PIO/APIO may seek the assistance of ANY OTHER OFFICER and this officer for the purpose of contravention of the provisions of this act shall be treated as a PIO/APIO

· Appellant Authority

2. LEVEL 2 At state Government Levelwill have The State Information Commission The State Chief Information Commissioner State Information Commissioners ( not exceeding 10) 3. LEVEL 3 At Central Government Level will have The Central Information Commission The Chief Information Commissioner Central Information Commissioners ( < 10 ) Making Request !

How to REQUEST ?

in writing or through electronic means
in English or Hindi or official language
Accompanying fees ( prescribed)

DISPOSAL of Request !
Register the request
Acknowledge the receipt of FEES( BPL no)

Information with another Authority – transfer it immediately ( within 5 days, with intimation)

If decision is not given in writing within 30 days ----- DEEMED TO HAVE REFUSED
–Communicate in WRITING
–Reasons for rejection
–The period of appeal
–The particulars of appellate authority

EXEMPTION from disclosure
Information affecting:
Sovereignty and integrity of INDIA
The Security
The strategic scientific or economic interests of the state
Foreign Relations
Leading to incitement of offences
Information forbidden to be published by any court of law / constituting contempt of court
If public interest in disclosure outweighs the harm to the protected interest
the information which cannot be denied to the Parliament or State Legislature hall not be denied to any personSeverability/ Part Information
Severe from any part that contains exempt information

If access is given to the part of Record

Third Party Information
Means a person other than the citizen making the request and includes A PUBLIC AUTHORITY
Information which
–relates to or supplied by a 3rd party andtreated as confidential by 3rd party

Any person who
does not receive the decision within 30 days or
aggrieved by a decision
May prefer Appeal with
Officer Senior in rank to PIO
Within 30 days form ( condonation allowed) the receipt to decision

For what ?
–Refusal to receive the request
–Information not given
–Malafidely denied the request
–Knowingly given the incorrect, incomplete or misleading information
–Destroying information which was the subject of request
–Obstruction in any manner in furnishing the information

Bar of jurisdiction of courts
No jurisdiction of civil courts

Monitoring and Reporting
CIC/SIC will make annual report of its implementation and report to the GOVT
Each public authority shall provide such information to SIC/CIC
–Number of such requests
–No. of decisions
–No. of appeals referred to CIC/SIC, nature and out come of the appeals
–Particulars of any disciplinary actions taken against any offices

Included are!
The houses of Parliament
The State Legislature
The Supreme Court
The High Court and all other courts
Constitutional Authorities like EC, CAG, UPSC
Institutions of Self Government
Organizations/ Institutions Excluded
Central Intelligence and Security Agencies
–Directorate of Revenue Intelligence
–Dir. Enforcement
–Narcotics Control Bureau
–Aviation research Center
–Special Frontiers Force
–All others mentioned in Schedule II

Exemptions not applicable
Information to legislature
If public interest in disclosure outweighs the harm to the protected interest
Occurrences, events after 20 years except
–Contempt of court

Points to Remember!

It comes into force on the 12th October, 2005
Some provisions have already come in to force viz.
–Obligations of the public authorities
–Designations of PIOs / APIOS/ by 28th, Sep 2005
–Constitution of CIC and State Info. Comm.
–Non applicability of act to Intelligence and Security Agencies
–Power to make rules

Obligations of Public Authorities

To maintain and catalogue all the record or computerize the record and connect through network
To publish within 120 days ( form 15.6.2005)
–Particulars of organizations, functions, duties
–All the relevant information pertaining to the organization ( as stated in sec 4)
Disseminate information easily accessible to the public




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