வேளாண் துறை, புதுச்சேரி அரசு DEPARTMENT OF AGRICULTURE Union Territory of Puducherry

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RIGHT TO INFORMATION ACT, 2005 (NO. 22 OF 2005)


Guide For The Public Authority

Public authorities are the repository of information which the citizen have right to have under the Right to Information Act, 2005. As defined in the Act, a "Public authority" is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central ⁄ State Government or a State Government. Bodies owned, controlled or substantially financed by the Central ⁄ State Government substantially financed by the Central ⁄ State Government or State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.

The Act casts important obligation on public authorities so as to facilitate the citizens or the country to access the information held under their control. The obligations of the authority are basically the obligations of the head of the authority, which should ensure that these are met in right earnest. Reference made to public authority in this document is, in face, a reference to the head of the public authority.

What is Information

Information is not an abstract concept under the RTI Act. It is conceived as being contained in any material including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. If also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Right to Information under the Act

  1. A citizen has a right to seek such information from a public authority which is held by the public authority or which held under its control. This right includes inspection on work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under control of the public authority.
  2. The Act gives the citizen a right to information at per with the Members of Parliament and the Members of State Legislatures. According to Act, the information, which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.
  3. A citizen has a right to obtain an information in the from of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be transferred to diskettes etc
  4. The information to the applicant should ordinarily be provided in the form in which it is sough. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
  5. The Act gives the right to information only to the citizen of India. It does not make provision for giving information to Corporations, Associations, and Companies etc. Which are legal entities/persons, but not citizens. However, if an application is made by an employee or office - bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
  6. Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority, It is not required under the Act to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

Guide For First Appellate Authority

It is the responsibility of the Central ⁄ State Public Information Officer (CPIO) of a public authority to supply correct and complete Information within the specified time to any person seeking information under the RTI Act, 2005. There are possibilities that a CPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the CPIO. The Act contains provision of two appeals to tide over such situations. The first appeal lies within the public authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPOI. The second appeal lies with the Central ⁄ State Information Commission. The Central ⁄ State Information Commission (Appeal Procedure) The Guidelines contained in this document are meant for the First Appellate Authorities.

In order to perform his/her duties effectively, the Appellate Authority should study the Act carefully and understand its provisions correctly. This document explains some of the important aspects of the Act which a First Appellate Authority should, in particular, be conversant with.

What is Information

  1. Information is nay material in any form. It includes records, documents, memos, e-mail, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic relating to any private body which can be accessed by the public authority under any law for the time being in force.
  2. A citizen has a right to seek such information form a public authority with is held by the public authority or witch is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of document or records; and taking certified samples of material held by the public authority or held under the control of the public authority.
  3. The act gives the citizen a right to information at per with the Members of Parliament and the Members of State Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature, shall not be denied to nay person.
  4. A citizen has a right to obtain to an information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be transferred to diskettes etc.
  5. The information to the applicant should ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular from would disproportionately divert the resources of the public authority or any cause harm to the safety or preservation of the records, supply of information in that from may be denied.
  6. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to corporation, Associations, Companies etc. which are legal entities⁄persons, but not citizens. However, if an application is made by an employee or office - bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
  7. Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. It is beyond the scope of the Act to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

Guide For The Central ⁄ State Public Information Officers

The Right to Information Act, 2005 empowers citizens to get information from any 'public authority'. The Central ⁄ State Public Information Officer of a public authority plays a pivotal role in making the right of a citizen to information a reality. The casts specific duties on him and makes him liable for penalty in case of default. It is, therefore, essential for a CPIO to study the Act carefully and understand its provisions correctly. Following aspects should particularly be kept in view while dealing with the applications under the Act.

What is Information

Information is any material in any from. If includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic from. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Right to Information under the Act

  1. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority.
  2. The Act gives the citizens a right to information at par with he Members of Parliament and the Members of States Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.
  3. A citizen has a right to obtain an information in the from of diskettes, floppies, tapes, video cassettes or in any other electronic mode or though print -outs provided such information is already stored in a computer or in any other device from which the information may be transferred to diskettes etc.
  4. The information to the applicant should ordinarily be provided in the from in which it is sought. However, if the supply of information sought in a particular from would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in the that form may be denied.
  5. The Act gives the right to information only to the citizen of India. It dose not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities⁄persons, but not citizens. However, if an application is made by employee or office- bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee⁄office bearer is a citizen of India, information may be supplied to him⁄her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
  6. Only such information is requires to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The PIO is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

Guide For the Information Seekers Under the RTI Act, 2005

Object of the Right to Information Act

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.

What is Information

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Right to Information under the Act

  1. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copied of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.
  2. The public authority under the RIT Act is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. Only such information can be had under the Act which already exists with the public authority.
  3. A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-out provided information is already stored in a computer or in any other device from which the information may be transferred to diskettes.
  4. The information to the applicant shall ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
  5. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any Corporation, Association, Company, NOG etc. who is also a citizen of India, information shall be supplied to him/her, provided the applicant given his/her full name. In such cases, it will be presumed that a citizen has sought information at the address of the Corporation etc.

Exempted Organisations

The List of 22 exempted organizations is given below:

  • Intelligence Bureau, Ministry of Home Affairs
  • Directorate of Revenue Intelligence, Ministry of Finance
  • Central Economic Intelligence Bureau, Ministry of Finance
  • Directorate of Enforcement, Ministry of Finance
  • Narcotics Control Bureau
  • Aviation Research Centre
  • Special Frontier Force
  • Border Security Force, Ministry of Home Affairs
  • Central Reserve Police Force, Ministry of Home Affairs
  • Indo-Tibetan Border Police, Ministry of Home Affairs
  • Central Industrial Security Force, Ministry of Home Affairs
  • National Security Guard, Ministry of Home Affairs
  • Research & Analysis Wing of The Cabinet Secretariat
  • Assam Rifles, Ministry of Home Affairs
  • Sashastra Seema Bal, Ministry of Home Affairs
  • Special Protection Group
  • Defence Research and Development Organisation, Ministry of Defence
  • Border Road Development Organisation
  • Financial Intelligence Unit, India
  • Directorate General Income Tax (Investigation)
  • National Technical Research Organisation
  • National Security Council Secretariat