Date : 25.09.

2006

ON
Presentation by

K.A.Thippeswamy
ORGANIZED BY

State Information Commissioner,

Department
of Public Instruction
Karnataka
State Information
Commission,
Bangalore.
and Sarva
Siksha Abhiyan

Notable Initiatives / Peoples Right to

Information Movement in India
Though freedom of information obviously guaranteed or provided
for under article 19(1)(A) of our constitution which reads all citizens
have the right to freedom of speech and expression, we have not
been able to create a culture and climate where values of freedom,
right and a democratic way of life are respected. What we have
achieved is that we have erected a fairly impressive looking
structure on a shaky foundation. Late Jayaprakash Narayan said
that such structures are built up on sand and we call it democratic
government. Therefore, enactment of right to information act, which
is a primarily human right is to help create this culture.

Notable Initiatives / Peoples Right to

Information Movement in India
Rajaram Mohan Roy said in the context of abolition of SATI system that
a mere enactment of law without creating peoples movement will not
succeed in abolishing the cruel system.
The well known organizations in creation of peoples awareness in the
right information are :
1. Peoples Union for Civil Liberties (PUCL) The Union has fought
many crusades against the human rights violations, free and fair
elections and freedom of discussions and right to information. The
notable personalities associated with the this organisation were Late
Jayaprakash Narayan, Late Justice Tarakunde, R.M.Pal etc.,

Notable Initiatives / Peoples Right to

Information Movement in India
2. Mazdur Kisan Shakti Sanghatan Movement of Rajasthan : The
first notable movement started in India was Mazdur Kisan Shakti
Sanghatan (MKSS). A Gross route organisation founded by Aruna
Rai, Shankar Singh and Nikhil Dev in Rural Rajasthan as early as
1990 which was born out of the land struggle against a feudal land
owner of village Sohan Ghar in Deogarh Tehesil of Raja Samand
district of Rajasthan.
3. Public Affairs Centre Bangalore : This centre is involved in
creating awareness in the civil society in respect of the working of the
Government, Government undertakings such as BMP, BWSSB etc.,
the person actively associates with this centre is Mr.Samuel Paul.

There are 57 countries in the world which

have enacted freedom information
legislation

United states of America has enacted

legislation as early as 1964.

In India early to enactment of the central

legislation, 14 states including Karnataka
enacted state acts for providing
information to the citizen.

To provide for setting out the practical

regime of

right to information for

citizens

to

information

secure

under

the

access

to

control

of

public authorities, in order to promote

transparency

and accountability in

the working of every public authority.

The Act has become fully operational from

12th October, 2005.

Any authority or body or institution of self

government established or constituted by or under the Constitution;
by any other law made by Parliament;
by other law made by State Legislature;
by notification issued or order made by the
appropriate Govt, and includes any
body owned , controlled or substantially financed,
(i)
Non Govt, organization substantially financed,
directly , indirectly by funds provided by the
appropriate government.

Any material in any form, including records,

documents,

memos,

e-mails,

opinions,

advises, press releases, circulars, orders, log

books, 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.

1.

Any document, manuscript and file;

2.

any microfilm, microfiche

copy of a document ;

3.

any reproduction of image or images

embodied in such microfilm (whether
enlarged or not ); and

4.

any other material produced by a computer

or any other device;

and facsimile

Right to access to information which is held by or

under the control of any public authority and
includes the right to1.
inspection of works, documents, records;
2.
taking notes, extracts;
3.
taking certified samples of material;
4.
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.

Role & Function of PIOs / APIOs

SALIENT FEATURES

Right to Information Act, 2005 has been enacted

in order promote openness, transparency and
accountability in administration.

It enables in only Indian citizen to secure access

to information in the possession of the public
authorities. But incorporated bodies like Limited
Companies, Trusts and other Institutions and
also non citizens which would also includes
foreign nationals living in India shall not have
any right to information under the Act.

It also provides for maintenance of records duly

catalogued, indexed and computerized and
connected through network all over the Country.
[Preamble, Section 2, 3 and 4]

Role & Function of PIOs / APIOs

DATE OF EFFECTIVENESS OF THE ACT

It has come fully operational from 12th

October
2005
(120th
day
of
its
enactment on 15th June,2005)

Role & Function of PIOs / APIOs

STRUCTURE OF THE MACHINERY FOR PROVIDING
INFORMATION
The RTIA provides three level regime for accessing
information

First level of the regime, every public authority has

designated officers for receiving applications
[Section 5]

Second level, every public authority has designated

senior officers to look into those cases where
citizens request for information have been refused
i.e., Departmental Appellate Authority [Section 19
(1)]

Third
level,
an
independent
Central/State
Information Commissions has been constituted to
look into those cases where citizens are not satisfied
with the action / decision of the PIO and on the
decision of DAA [Section 12,13,15,16,18 and 19(3)]

Role & Function of PIOs / APIOs

STRUCTURE OF THE MACHINERY FOR PROVIDING
INFORMATION

Designation of Public Information officers

It is the responsibility of the Public

Authorities to designate Public Information
Officers and Asst. Public Information Officers
within 100 days of its enactment [Section 5(1)
and 5 (2)]

The PIOs/APIOs are not only responsible for

the request from the citizens but also to
assist them in seeking information [Section 5
(3)].

Role & Function of PIOs / APIOs

APPOINTMENT OF PUBLIC INFORMATION OFFICERS

Public Information Officers are 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 [Section 5 (1)]

The public authorities shall also designate

Assistant Public Information Officers at the
sub-divisional or sub-district level [Section 2]

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 officers shall
be treated as a PIO [Section 5 (4) and 5 (5)]

Role & Function of PIOs / APIOs

ROLE

PIO shall deal with requests from persons seeking

information and where the request can not be made in
writing, to render reasonable assistance to the person
to reduce the same in writing. [Section 5 (3) and 6 (1)]

If the applicant is sensorily disabled (blindness or

some other disability) PIO required to provide
reasonable assistance to such persons to accessing
information. [Section 7 (4)

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.
[Section 6 (3)]

PIO may seek the assistance of any other officer for

the proper discharge of his / her duties. [Section 5 (4)]

Role & Function of PIOs / APIOs

DUTIES & FUNCTIONS :

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
Section 8 or section 9. [Section 7 (1)]

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. [Section 7 (1)]

If the PIO fails to give decision on the request

within the period specified, he shall be
deemed to have refused the request. [Section
7 (2)]

Role & Function of PIOs / APIOs

DUTIES & FUNCTIONS :
Where a request has been rejected, the PIO shall
communicate to the applicant

i.

the reason for such rejection.

ii.

the period within which an appeal against such

rejection may be preferred, and

iii.

The particulars of the Appellate Authority.

[Section 7 (8)]

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.
[Section 7 (9)]

Role & Function of PIOs / APIOs

DUTIES & FUNCTIONS :

If allowing partial access, the PIO shall give a

notice to the applicant, informing :

that only part of the record requested, after

severance of the record containing information
which is exempt from disclosure, is being
provided ;
The reasons for the decision, including any
findings on any material question of fact,
referring to the material on which those
findings were based ;
The name and designation of the person giving
the decision;
The details of the fees calculated by him or her
and the amount of fee which the applicant is
required to deposit ; and
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. [Section 10]

Role & Function of PIOs / APIOs

DUTIES & FUNCTIONS :

If information sought has been supplied by third

party and has been treated as confidential by that
third part, 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. [Section 11 (1)]

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. [Section 11 (2)]

Role & Function of PIOs / APIOs

DUTIES OF ASSISTANT PUBLIC INFORMATION OFFICER

to receive the applications for information or

appeals to forward them to

a) the Central / State Public Information

Officer,
b) First appellate authority
c) the Central Information Commission /
State Information Commission
As the case may be.
[Section 5 (2)]