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Indian Laws and Acts
RTI Act, 2005
Right to Information Act
RTI Information: What information can we get under RTI?
Right to Information Act
RTI Information: What information can we get under RTI?
Sanjeet Kumar
RTI Information: What information can be given under RTI
Many
of us think that we can ask everything from government under Right to
Information Act, 2005, but that is not correct. RTI Act, 2005 clearly
defines “information”, and puts some limitation on the type of
information we can ask. Thus, it is important to understand what is RTI
Information? What information can be given under RTI?
RTI Information: Definition of “Information” and “Right to Information” under RTI Act:
Definition of “Record” under RTI Act
Definition of “Right to Information” under RTI Act
RTI Information: Observation of Supreme Court on definition of “Information” and “Right to Information”:
RTI Information: Definition of “Information” and “Right to Information” under RTI Act:
Definition
of “Information” under RTI Act: As per Section 2(f), “information”
means any material in any form, 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 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;
Definition of “Record” under RTI Act
As per Section 2(i), “record” includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other device;
Definition of “Right to Information” under RTI Act
As
per Section 2(j), 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-
i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv)
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 3: Right to Information: Subject to the provisions of this Act, all citizens shall have the right to information.
Thus,
it is clear from section 3 of the RTI Act that citizen can not get
every information but only those information that are in line with the
provisions of the RTI Act.
RTI Information: Observation of Supreme Court on definition of “Information” and “Right to Information”:
Honorable Supreme Court took opportunity to interpret what is RTI Information? What information can be given under RTI?
Honorable
Supreme Court on Right to Information Act, 2005 in Civil Appeal No.6454
of 2011, arising out of SLP[C] No.7526/2009 in the case of Central
Board of Secondary Education & Anr. Vs Ajitya Bandopadhyay & Ors
clarified coverage of information with following observation:
“At
this juncture, it is necessary to clear some misconceptions about the
RTI Act. The RTI Act provides access to all information that is
available and existing. This is clear from a combined reading of section
3 and the definitions of `information’ and `right to information’ under
clauses (f) and (j) of section 2 of the Act. If a public authority has
any information in the form of data or analyzed data, or abstracts, or
statistics, an applicant may access such information, subject to the
exemptions in section 8 of the Act. But where the information sought is
not a part of the record of a public authority, and where such
information is not required to be maintained under any law or the rules
or regulations of the public authority, the Act does not cast an
obligation upon the public authority, to collect or collate such non-
available information and then furnish it to an applicant. A public
authority is also not required to furnish information which require
drawing of inferences and/or making of assumptions. It is also not
required to provide `advice’ or `opinion’ to an applicant, nor required
to obtain and furnish any `opinion’ or `advice’ to an applicant. The
reference to `opinion’ or `advice’ in the definition of `information’
in section 2(f) of the Act, only refers to such material available in
the records of the public authority. Many public authorities have, as a
public relation exercise, provide advice, guidance and opinion to the
citizens. But that is purely voluntary and should not be confused with
any obligation under the RTI Act.”
Accordingly,
you can get all information, except information pertaining to section 8
& 9 of the RTI Act, from government that is available and existing.
I will clarify this further with examples:
You can ask government to provide following information:
What is status of your Passport Application? What action has been taken on your application till date?
What is the status of your Income Tax Refund?
Certified copies of your Answer Sheet?
Expenditures in any government project?
Status and actions taken on your complaints submitted in government office, etc.
These documents are available with government. Thus, you have right to get these information.
But
you can’t ask government to provide information which requires drawing
of inferences and/or making of assumptions. For example:
What will be government actions if some tragedy happens ( if it has been not been documented)?
What will be government steps for empowering women after 5 years (if it has been not been documented)?
Such information requires making assumptions, and PIO is not bound to provide information that requires making assumptions.
The
above mentioned provisions of RTI Act, and observations of Supreme
Court clearly outline what is RTI Information? What information can be
given under RTI? If you still have doubts whether information required
by you can be sought under RTI Act or not, you can ask through comment
box.
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Can Questions be asked under RTI Act? What/Why/How/When? Best AnswerIn “Right to Information Act”
RTI Complaint Format in English: Template for RTI Complaint under Section 18In “RTI Application Forms”
RTI Application Form for Inspection of Records: TemplateIn “RTI Application Forms”
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About The Author
Sanjeet Kumar
I
have passed my Bachelor of Engineering in Electronics and Communication
Engineering, and Master of Technology in Telecommunication from
National Institute of Technology Calicut. I have filed many RTI
Applications, First Appeals, Second Appeals, and Complaints. I have also
filed few Writ Petitions in High Court, and Supreme Court. At present, I
am General Secretary at Bharat Electronics Officers Association, and
General Secretary at Bharat Electronics Officers’ Club.
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VOICE of ABORIGINAL AWAKENED VOICE
I
DONT CARE says Murderer of democratic institurtons (Modi) of BJP
(Bevakoof Jhoothe Psychopaths) who had resorted to fraudulent way of
tampering the electronic voting machines (EVMs) to Gobble the Master Key
BJP
and company had used the EVMs in 2014 itself to win the General
Election. Voters thought that it was the mandate against the
scams-ridden and scandals-tainted rule of Congress. But the election
results of the five states
held in March 2017 have exposed the EVM scandal of BJP.
MODI
CARES TRUST gobbling lakhs of crores of Rupees fund is exclusively
meant for the Foreigners thrown out from Bene Israel, Tibet,Africa,
Eastern Europe, Western Germany, Northern Europe, South,Russia,Hungary,
etc.,chitpavan brahmins of RSS (Rowdy Rakshasa Swayam sevaks) which
raises funds through unaccounted tax free Guru Dhakshana is followed by
own mother’s flesh eaters, stooges, slaves and boot lickers who must be
forced to quit Prabuddha Bharat.
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