How to File RTI- Step By
Step Procedure
RTI Act
·
The Right to
Information Act (RTI) is an Act of the Parliament of India "to
provide for setting out the practical regime of right to information for
citizens" and replaces the erstwhile Freedom of information Act, 2002.
·
The Act applies to
all States and Union Territories of India except “Jammu
& Kashmir”.
·
Under the provisions
of the Act, any citizen 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 computerise their records for wide dissemination and to proactively certain
categories of information so that the citizens need minimum recourse to request
for information formally.
·
This law was passed
by Parliament on 15 June 2005 and came fully into force on 12 October 2005.
·
The first
application was given to a Pune police station. Information disclosure in India
was restricted by the Official Secrets Act
1923 and various other special laws,
which the new RTI Act relaxes. It codifies a fundamental right of citizens.
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Exclusions:
·
Central Intelligence and Security
agencies specified in the Second Schedule like IB, Directorate General of
Income tax(Investigation), RAW, Central Bureau of Investigation (CBI),
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 etc. will be
excluded.
·
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 violation could be given but only with the approval of the
Central or State Information Commission.
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The following is exempt from disclosure under section 8 of the Act:-
·
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 offense;
·
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;
·
Information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature;
·
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;
·
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;
·
Information received in confidence from
foreign Government;
·
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;
·
Information which would impede the process
of investigation or apprehension or prosecution of offenders;
·
Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers;
·
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 (but it is also provided that the information which cannot be denied
to the Parliament or a State Legislature shall not be denied by this
exemption);
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. However, this does not apply to
disclosure of "trade or commercial secrets protected by law ".
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