Adv Niravkumar Parekh

Important Section Under Right to Information Act- 2005

Here are some of the important sections under the Right to Information Act, 2005 (RTI Act):

• Section 2(j): This section defines the term “right to information”. It states that the right to information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to:
  • Inspection of work, documents, records;
  • Taking notes, extracts or certified copies of documents or records;
  • Taking certified samples of material;
  • Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
• Section 4(1): This section lays down the obligations of public authorities under the RTI Act. It states that every public authority shall:
  • Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information under this Act;
  • Publish in the Official Gazette, or in such other manner as may be prescribed, the following particulars:
    • The names, designation and other particulars of the Public Information Officers;
    • The powers and duties of the Public Information Officers;
    • The procedure for obtaining information under this Act;
    • The fees payable for obtaining information; and
    • The manner of payment of such fees;
  • Provide to the public for inspection all its records;
  • Provide copies of its records on payment of such fees as may be prescribed;
  • Publish every year a report in the Official Gazette or in such other manner as may be prescribed, regarding the number of applications received and disposed of by it, the number of appeals filed before it, the number of appeals disposed of by it and the reasons for the delay, if any, in disposal of the applications or appeals.
• Section 6: This section deals with the procedure for making a request for information under the RTI Act. It states that a request for information can be made in writing or in electronic form. The request should be addressed to the Public Information Officer of the concerned public authority. The request should specify the information that is being sought.
• Section 7: This section deals with the disposal of a request for information under the RTI Act. It states that the Public Information Officer shall, on receipt of a request for information, take necessary steps to provide the information to the applicant within 30 days of the receipt of the request. If the information is not available or cannot be provided within 30 days, the Public Information Officer shall inform the applicant in writing about the reasons for the delay and the likely date on which the information will be provided.
• Section 8: This section deals with the exemptions from disclosure of information under the RTI Act. It states that the following information shall not be disclosed under the RTI Act:
  • Information that is likely to affect the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or the public interest;
  • Information that relates to the personal information of any individual;
  • Information that has been obtained in confidence from another public authority;
  • Information that would impede the process of investigation or apprehension or prosecution of offenders;
  • Commercial confidence, trade secrets or intellectual property; and
  • Information that is likely to cause a breach of privilege of Parliament or State Legislature.
• Section 19: This section deals with the appeals against the decisions of Public Information Officers under the RTI Act. It states that an applicant can appeal against the decision of a Public Information Officer to the State Information Commission or the Central Information Commission. The appeal should be filed within 30 days of the receipt of the decision of the Public Information Officer.

These are just some of the important sections under the RTI Act. For more information, you can refer to the Act itself or the websites of the State Information Commissions and the Central Information Commission. If you need help regarding the RTI Act in Halol, contact Nirav Parekh, an advocate in Halol.