RIGHT TO INFORMATION ACT, 2005

The act was passed by the Parliament and after giving assent of the President, it came
into effect w.e.f. 12/10/2005. It extends to whole of India except J & K.

Users: All citizens have the right to seek information under the Act. Companies
/Corporate not being citizens are not eligible to get information under the act.

Coverage: “Public Authority” means the Central Govt. or State Govt or any
agency/organization, which is owned/controlled/substantially financed by funds provided
by such Govt. Therefore, all Public Sector Banks including Regional Banks come under
purview of this act. It is not applicable to certain inspection & security agencies owned
by Govt as specified.

Information provider: U/s 5 of the act, every public authority is required to designate
some of its officers as Public Information Officers (PIO) in all administrative offices
within 100 days of the introduction of this act to provide information to persons
requesting for the same. At HO, the designated person will be called CPIO and at other
ROs/ZOs, it will be called CAPIO (Central Assistant Public Relation Officer). Under the
act, only CPIO is authorized to provide information, and CAPIOs would obtain prior
approval from CPIO before furnishing information under this act.

Procedure: The request can be made in writing, by electronic mode or even orally (later
on it need to be reduced in writing) along with the prescribed fee of Rs. 10 (No fee for
BPL people and where time limit is not adhered to by CPIOs). Where request for copies
of records or inspection, additional fee is payable.

Time Limit: (i) PIO is to provide the information or reject the request within 30 days of
the receipt of the application. (ii) The time limit is 40 days where 3rd party interests are
involved (iii) in case information involves the life or liberty of a person, it is to be given
within 48 hours.

Refusal of the information: (i) PIO can refuse, if the requested information relates to
exempted category. (ii) He has to communicate the reasons for refusal along with the
particulars of the appellate authority and time frame for making appeal. (iii) Where the
information is not provided within the time, it is deemed to be refused.

Appeal: (i) The information seeker should 1st go for the departmental Sr. Officer who
has been designated as Appellate Authority. (ii) If not satisfied with the disposal of
appellate authority, he can go for the 2nd appeal to the Information Commission of the
State/Center for direction. (iii) The appeal can be preferred within 30 days from the date
of decision and be disposed off within 30 days (extendable to 45 days).

Exempted Categories: Information likely to affect (i) sovereignty, integrity, security,

scientific or economic interest of the State; (ii) investigation of offences; (iii) Trade &
commercial secrets; (iv) Court decisions; (v) Breach of privileges to the parliament and
state legislature; (vi) Personal safety of any other person (viii) information having no
relation with public activity.

Penalty: Delay in providing information without reasonable cases will attract a penalty of
Rs. 250/- per day of delay subject to a maximum penalty of Rs. 25000/-.