THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005

[15th June, 2005]

An Act to provide for setting out the practical regime of right to information for citizens to secure
access to information under the control of public authorities, in order to promote transparency
and accountability in the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for matters connected therewith
or incidental thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to
its functioning and also to contain corruption and to hold Governments and their instrumentalities
accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests
including efficient operations of the Governments, optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy
of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

RTI Act

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:–

CHAPTER I

Preliminary

This Act may be called the Right to Information Act, 2005.
It extends to the whole of India except the State of Jammu and Kashmir.
The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24 , 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment.

In this Act, unless the context otherwise requires,–

a. "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly–

by the Central Government or the Union territory administration, the Central Government;
by the State Government, the State Government;

b. "Tripura Information Commission" means the Tripura Information Commission constituted under sub-section (1) of section 12;

c. "Tripura Public Information Officer" means the Tripura Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;

d. "State Chief Information Commissioner" and "State Information Commissioner" mean theState Chief Information Commissioner and State Information Commissioner appointed under sub-section (3) of section 12;

e. "competent authority" means–

the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;
the Chief Justice of India in the case of the Supreme Court;
the Chief Justice of the High Court in the case of a High Court;
the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;
the administrator appointed under article 239 of the Constitution;

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;

g. "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;

h. "public authority" means any authority or body or institution of self- government established or constituted–

a. by or under the Constitution;

b. by any other law made by Parliament;

c. by any other law made by State Legislature;

d. by notification issued or order made by the appropriate Government, and includes any–

body owned, controlled or substantially financed;
non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;

i. "record" includes–

. any document, manuscript and file;

a. any microfilm, microfiche and facsimile copy of a document;

b. any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

c. any other material produced by a computer or any other device;

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–

. inspection of work, documents, records;

i. taking notes, extracts or certified copies of documents or records;

ii. taking certified samples of material;

iii. 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;

k. "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;

l. "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;

m. "State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;

n. "third party" means a person other than the citizen making a request for information and includes a public authority.

RTI Act

CHAPTER II

Right to information and obligations of public authorities

Subject to the provisions of this Act, all citizens shall have the right to information.

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 and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
publish within one hundred and twenty days from the enactment of this Act,–

the particulars of its organisation, functions and duties;
the powers and duties of its officers and employees;
the procedure followed in the decision making process, including channels of supervision and accountability;
the norms set by it for the discharge of its functions;
the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
a statement of the categories of documents that are held by it or under its control;
the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
a directory of its officers and employees;
the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations
the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
particulars of recipients of concessions, permits or authorisations granted by it;
details in respect of the information, available to or held by it, reduced in an electronic form;
the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
the names, designations and other particulars of the Public Information Officers;
such other information as may be prescribed and thereafter update these publications every year;

publish all relevant facts while formulating important policies or announcing the decisions which affect public;
provide reasons for its administrative or quasi-judicial decisions to affected persons.

It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.
Explanation. –For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.
Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Tripura Information Commission , as the case may be:
Provided that where an application for information or appeal is given to a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.
Every State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
The State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a State Public Information Officer, as the case may be.

A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to–

the State Public Information Officer, as the case may be, of the concerned public authority;
the State Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
Where an application is made to a public authority requesting for an information,–

i. which is held by another public authority; or

ii. the subject matter of which is more closely connected with the functions of another public authority,
the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty 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 sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
If the State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the State Public Information Officer, as the case may be, shall be deemed to have refused the request.
Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving–

. the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

a. information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.
Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.
Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
Before taking any decision under sub-section (1), the State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
Where a request has been rejected under sub-section (1), the State Public Information Officer, as the case may be, shall communicate to the person making the request,–

. the reasons for such rejection;

i. the period within which an appeal against such rejection may be preferred; and

ii. the particulars of the appellate authority.

An information shall ordinarily be provided 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.

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,–

. 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 offence;

a. 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;

b. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

c. 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;

d. 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;

e. information received in confidence from foreign Government;

f. 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;

g. information which would impede the process of investigation or apprehension or prosecution of offenders;

h. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

i. 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 unless the the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

Without prejudice to the provisions of section 8, a a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
Where access is granted to a part of the record under sub-section (1), the State Public Information Officer, as the case may be, shall give a notice to the applicant, informing–

0. that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;

1. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;

2. the name and designation of the person giving the decision;

3. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

4. 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, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Tripura Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

Where a a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
Where a notice is served by the State Public Information Officer, as the case may be, under sub-section (1) to a t0

RTI Act

CHAPTER III

The Tripura Information Commission

The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Tripura Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
The Tripura Information Commission shall consist of–

the Chief Information Commissioner; and
such number of Tripura Information Commissioners, not exceeding ten, as may be deemed necessary.

The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of–

i. the Prime Minister, who shall be the Chairperson of the committee;

ii. the Leader of Opposition in the Lok Sabha; and

iii. a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.–For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognized as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.

The general superintendence, direction and management of the affairs of the Tripura Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Tripura Information Commission autonomously without being subjected to directions by any other authority under this Act.
The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
The headquarters of the Tripura Information Commission shall be at Delhi and the Tripura Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
The salaries and allowances payable to and other terms and conditions of service of –

. the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;

a. an Information Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.

The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,–

. is adjudged an insolvent; or

a. has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

b. engages during his term of office in any paid employment outside the duties of his office; or

c. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

d. has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1),

RTI Act

CHAPTER IV

The State Information Commission

Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
The State Information Commission shall consist of–

the State Chief Information Commissioner, and
such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of–

i. the Chief Minister, who shall be the Chairperson of the committee;

ii. the Leader of Opposition in the Legislative Assembly; and

iii. a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.–For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:
Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
The salaries and allowances payable to and other terms and conditions of service of–

. the State Chief Information Commissioner shall be the same as that of an Election Commissioner;

a. the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.

The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,–

. is adjudged an insolvent; or

a. has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or

b. engages during his term of office in any paid employment outside the duties of his office; or

c. is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or

d. has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.

RTI Act

CHAPTER V

Powers and functions of the Information Commissions, appeal and penalties

Subject to the provisions of this Act, it shall be the duty of the Tripura Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,–

who has been unable to submit a request to a State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Tripura Information Commission or the State Information Commission, as the case may be;
who has been refused access to any information requested under this Act;
who has not been given a response to a request for information or access to information within the time limit specified under this Act;
who has been required to pay an amount of fee which he or she considers unreasonable;
who believes that he or she has been given incomplete, misleading or false information under this Act; and
in respect of any other matter relating to requesting or obtaining access to records under this Act.

Where the Tripura Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
The Tripura Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:–

summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
requiring the discovery and inspection of documents;
receiving evidence on affidavit;
requisitioning any public record or copies thereof from any court or office;
issuing summons for examination of witnesses or documents; and
any other matter which may be prescribed.

Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Tripura Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the State Public Information Officer as the case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Where an appeal is preferred against an order made by a a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Tripura Information Commission or the State Information Commission:
Provided that the Tripura Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
If the decision of the State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Tripura Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the State Public Information Officer, as the case may be, who denied the request.
An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
The decision of the Tripura Information Commission or State Information Commission, as the case may be, shall be binding.
In its decision, the Tripura Information Commission or State Information Commission, as the case may be, has the power to–

require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including–

by providing access to information, if so requested, in a particular form;
by appointing a State Public Information Officer, as the case may be;
by publishing certain information or categories of information;
by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
by enhancing the provision of training on the right to information for its officials;
by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;

require the public authority to compensate the complainant for any loss or other detriment suffered;
impose any of the penalties provided under this Act;
reject the application.

The Tripura Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
The Tripura Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

Where the Tripura Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the the State Public Information Officer, as the case may be.
Where the Tripura Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the the State Public Information Officer, as the case may be, under the service rules applicable to him.

RTI Act

CHAPTER VI

Miscellaneous

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Tripura Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
Every notification issued under sub-section (2) shall be laid before each House of Parliament.
Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
Every notification issued under sub-section (4) shall be laid before the State Legislature.

The Tripura Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Tripura Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.
Each report shall state in respect of the year to which the report relates,–

the number of requests made to each public authority;
the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;
the number of appeals referred to the Tripura Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
the amount of charges collected by each public authority under this Act;
any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.

The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Tripura Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.
If it appears to the Tripura Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

The appropriate Government may, to the extent of availability of financial and other resources,–

develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
promote timely and effective dissemination of accurate information by public authorities about their activities; and
train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include–

the objects of this Act;
the postal and street address, the phone and fax number and, if available, electronic mail address of the State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;
the manner and the form in which request for access to an information shall be made to a State Public Information Officer, as the case may be;
the assistance available from and the duties of the State Public Information Officer, as the case may be, of a public authority under this Act;
the assistance available from the Tripura Information Commission or State Information Commission, as the case may be;
all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission
the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
the notices regarding fees to be paid in relation to requests for access to an information; and
any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
the fee payable under sub-section (1) of section 6;
the fee payable under sub-sections (1) and (5) of section 7;
the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
the procedure to be adopted by the Tripura Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
any other matter which is required to be, or may be, prescribed.

The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

i. the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

ii. the fee payable under sub-section (1) of section 6;

iii. the fee payable under sub-section (1) of section 7; and

iv. any other matter which is required to be, or may be, prescribed.

Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

The Freedom of Information Act, 2002 is hereby repealed.

RTI Act

THE FIRST SCHEDULE

[See sections 13(3) and 16(3)]
Form of oath or affirmation to be made by the State Chief Information Commissioner/the State Information Commissioner
"I, ....................., having been appointed State Chief Information Commissioner/State Information Commissioner swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".

THE SECOND SCHEDULE

(See section 24)

Intelligence and security organisation established by the Central Government

Intelligence Bureau.
Research and Analysis Wing of the Cabinet Secretariat.
Directorate of Revenue Intelligence.
Central Economic Intelligence Bureau.
Directorate of Enforcement.
Narcotics Control Bureau.
Aviation Research Centre.
Special Frontier Force.
Border Security Force.
Central Reserve Police Force.
Indo-Tibetan Border Police.
Central Industrial Security Force.
National Security Guards.
Assam Rifles.
Special Service Bureau.
Special Branch (CID), Andaman and Nicobar.
The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
Special Branch, Lakshadweep Police.

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 Government or a State Government. Bodies owned, controlled or substantially financed by the Central Government substantially financed by the Central 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

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.
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.
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
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.
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.
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 The Public Authority

Information Exempted From Disclosure

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-Section (2) of section8, however, provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be discloses if public interest in disclosure overweighs the harm to the protected interest. Further, sub-section (3) of section 8 provides that information exempt from disclosure under sub- section (1), exempted as provided in clauses (a), (c) and (i) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event etc.
It may be noted that section 8(3) of the Act does not require the public authorities to retain records for indefinite periods. The records should be retained as per the record retention schedule applicable to the form of an OM or a letter or in any other from even after destruction of the file/record. The Act requires furnishing of information so available after the lapse of 20 tears even if such information was exempt from disclosure under sub-section (1) of Section8. It means that the information `which, in normal course, is exempt from disclosure under sub-section (1) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates. However, the following types of information would continue to be exempt and there would be no obligation, even after lapse of 230 years, to give any

information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the State, relation with foreign state or lead to incitement of an offence;
information the disclosure of which would case a breach of privilege of parliament or State Legislature; or
cabinet papers including records of deliberation of the Council of Ministers, Secretaries and other Officers subject to the conditions given in proviso to clause (I) sub-section (1) of Section 8 of the Act,

Timely Supply of Information

The Act requires that except in some special circumstances, decision on an application for information should be given within 30 days of the receipt of the request. Where the information sought for concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request. If the decision on the request for information is not given within the prescribed period. It is deemed that the request has been refused. If is pertinent to note that if a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.

Right Information Vis-a-vis other Acts

The RTI Act has over-riding effect vis-a-vis other laws in as much as the provisions of the RTI Act would have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act.

Maintenance and Computerisation of Records

Proper management of records is of utmost importance for effective implementation of the provisions of the Act. A public authority should, therefore, maintain all its records properly. It should ensure that the records are duly catalogued and indexed in such a manner and from that it may facilitate the right to information.
The public authority should computerize all its records which are appropriate to be computerized, Record so computerized should be connected though a network on different systems so that access to such records is facilitated.

Guide For The Public Authority

Suo Motu Disclosure

Every public authority should provide as much information suo motu to the public through various means of communications so that the public have minimum resort to the use of the Act obtain information. Internet being one of the most effective means of communications, the information may be posted on the website.
Section 4(1)(b) of the Act, in particular, requires every public authority to publish following sixteen categories of information:

the parliament of its organization, functions and duties;
the powers and duties of its officers and employees;
the procedure followed in the decision making process, including channels of supervision and accountability;
the norms set by it for the discharge of its functions;
the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
a statement of the categories of document that are held by it or under its control;
the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
a statement of the boards, councils, committees and other bodies consisting of two more persons constituted as part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
directory of its officers and employees;
the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
the budge allocated to each of its agency, indicating the particulars of all plans, proposes expenditures and reports on disbursements made;
the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
particulars of recipients of concessions, permits or authorizations granted by it;
details in respect of the information, available to or held by it, reduced in an electronic from;
the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if reduced in an electronic from;
the names, designations and other particulars of the Public Information Officers;

Besides the categories of information enumerated above, the Government may prescribe other categories of information to be published by any public authority. It need be stressed that publication of the information as referred to above is not optional. It is a statutory requirement which every public authority is bound to meet.
Another important point to note is that it is not sufficient to publish the above information once. The public authority is obliged to update such information every year. It is advisable that, as far as possible, the information should be updated as and when any development takes place. Particularly, in case of publication on the internet, the information should be kept updated all the time.

Dissemination of Information

The public authority should widely disseminate the information. Dissemination should be done in such form and manner which is easily accessible to the public. It may be done through notice boards, newspapers, public announcements, media broadcast, the internet or nay other means. The public authority should take into consideration the cost effectiveness, local language and most effective method of communication in the local area while disseminating the information.

Guide For The Public Authority

Publication of Facts about Policies and Decision

Public authorities formulate policies and take various decisions from time to time. As provided in the Act, while formulating important policies or announcing the decisions affecting the public, the public authority should publish all relevant facts about such policies and decisions for the information of public at large.

Providing Reasons for Decisions

The public authorities take various administrative and quasi- judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication.

Designation of SPIOs etc.

Every public authority is required to designate Public Information Officers in all the administrative units or offices under it. The public authorities should also designate the First Appellate Authorities and publish the details thereof along with the details of the Public Information Officers. Every public authority is also required to designate Assistant Public Information Officers at each sub-divisional level. The Government has decided that Statel Assistant Public Information Officers (SAPIOs) appointed by the Department of posts would act as SAPIOs for all the public authorities under the Government of India.

Acceptance of Fee

According to the Right to Information (Regulation of Fee and Cost) Rules, 2005 as amended by the Right to Information (Regulation of Fee and Cost) Rules, 2006, an applicant can make payment of fee in case or by demand draft or bankers cheque or India Postal Order payable to the Accounts Officer of the public authority. The public authority should ensure that payment by any of the above modes is not denied or the applicant is not compelled to draw IPO etc. in the name of any officer other than the Accounts Officer. If any public authority does not have any Accounts Officer, an officer may be designated as such for the purpose of receiving fee under the RTI Act or rules made there under.

Transfer of Applications

The Act provides that if an application is made to a public authority requesting for an information, which is held by another public authority; or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or relevant part of it to that other public authority within five days from the receipt of the application. The public authority should sensitize its officers about this provision of the Act lest the public authority is held responsible for delay.

Compliance with the Orders of the TIC

While deciding an appeal, the Tripura Information Commission, may require the concerned public authority to take such steps as may be necessary to secure compliance with the provisions of the Act. In this regard the Commission may pass an order to provide information to an applicant in a particular form; appoint a Public Information Officer; publish certain information or categories of information; make necessary changes to its practices in relation to the maintenance, management and destruction of records; enhance the provision of training for officials; provide an annual report as prepared in compliance with clause (b) subsection (1) of section 4.
The Commission has power to pass orders requiring a public authority to compensate the complainant for any loss or other detriment suffered by him. It also has power to impose penalty on the Public Information Officer as provided in the Act. It may be noted that penalty is imposed on the Public Information Officer which is to be paid him. However, the compensation, ordered by the Commission to be paid to an applicant would have to be paid by the public authority,
The decisions of the Commission are binding. The public authority should ensure that the orders passed by the Commission are implemented. If any public authority is of the view that on order of the Commission is not the consonance with the provisions of the Act, it may approach the High Court by way of a Writ petition

Guide For The Public Authority

Annual Report of the TIC

The Tripura Information Commission, after the end each year, is required to prepare a report on the implementation of the Provisions of the Act during that year. Each Ministry or Department is required, in relation to the public authorities within its jurisdiction, Commission for preparation of the report. The report of the Commission, inter0alia, contains following information in respect of the year to which the report relates

the number of requests made to each public authority;
the number of decision where applicants were not entitled to access to the documents pursuant to the requests, the provisions of the Act under which these decisions were made and the number of times such provisions were invoked;
particulars of any disciplinary action taken against any officer in respect of the administration of the Act;
the amount of charges collected by each public authority under the Act; and
any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of the Act.

Every public authority should send necessary material to its administrative Department soon after the end of the year so that the Ministry/Department may incorporate the same in its report.
If it appears to the Tripura Information Commission that a practice of the public authority in relation to the exercise of its functions under the Act does not conform with the provisions or spirit of the Act, it may give a recommendation to the authority specifying the steps ought to be taken for promoting such conformity. The concerned public authority should take necessary action to bring its practice in conformity with the Act.

Development of Programmes etc.

It is expected of each public authority that it would develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities, as to how to exercise the rights contemplated under the Act and ensure timely and effective dissemination of accurate information about their activities. Training of the Public Information Officers and other officers of a public authority is very important for meeting these expectations and effective implementation of the provisions of the Act. The public authorities should, therefore arrange for training or their officers designated as Public Information Officer/First Appellate Authority and other officer who are directly or indirectly involved in the implementation of the provisions of the Act.

Guide For First Appellate Authority

It is the responsibility of the State Public Information Officer (SPIO) 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 SPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the SPIO. 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 Tripura Information Commission. The Tripura 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

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.
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.
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.
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.
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.
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.
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 First Appellate Authority

Information Exempted From Disclosure

Sub-section (1) of section 8 and section 9 of the Act enumerate the categories of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section(1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweight the harm to the protected interest. Further, sub-section (3) of section 8 provides that information exempt from disclosure under sub-section (1), except as provided in clauses (a), (c) and (i) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event etc.
It may be noted that section 8 (3) of the Act does not require the public authorities to retain records for indefinite period. The records should be retained as per the record retention schedule applicable to the concerned public authority. Information generated in a file may survive in the form of an OM or a letter or in any other even after destruction of the file/record. The Act requires furnishing of information so available after the lapse of 20 years even if such information was exempt from disclosure under sub-section (1) of Section 8. It means that the information which, in normal course, is exempt from disclosure under sub-section (1) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates. However, the following types of information would continue to be exempt and there would be no obligation, even after lapse of 20 years, to give any citizen -

information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the State, relation with foreign state or lead to incitement of an offence;
information the disclosure of which would cause a breach of privilege of Parliament or State Legislature; or
Cabinet papers including records of deliberation of the Council of Ministers, Secretaries and other Officers subject to the conditions gives in proviso to clause (i) of sub-section (1) of Section 8 of the Act.

Right to Information Vis-à-vis Other Acts

The RTI Act has over-riding effect vis-à-vis other laws inasmuch as the provisions of the RTI Act would have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law foe the time being in force or in any instrument having effect by virtue of any law other than the RTI Act.

Guide For First Appellate Authority

Free for Seeking Information

An applicant, along with his application, is required to pay a sum of Rs. 10/- as application fee in case or by way of a demand draft or a banker’s cheque or an Indian Postal Order payable to the Accounts Officer of the public authority,\. The applicant may also have to pay additional fee, as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005 foe supply of information as gives below:

rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper) created or copied;
actual charge or cost price of a copy in Larger size paper;
actual cost or price for samples or models;
for inspection of records, no fee for the first hour; and a fee of rupee five (Rs. 5/-) for each subsequent hour (or fraction thereof);
for information provided in diskette or floppy rupees fifty (Rs50/-) per diskette of floppy; and
for information provided in printed from at the price fixed for such publication or rupees two par page of photocopy for extracts from the publication.

If the applicant belongs to ‘below poverty line (BPL)’ category, he/she is not required to pay any fee. However. He/she should submit a proof in support of his/her claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act and, therefore, dose not entitle the applicant to get information.
It may be noted that where the SPIO decides that the information shall be provided on payment of fee in addition to the application fee, SPIO is inform the applicant:

the details of further fees required to be paid:
the calculations made to arrive at the amount of fee asked for;

Contents and Format of Application

An applicant making request for information is not required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. Also, the Act or the Rules do not prescribe any format of application for seeking information. Therefore, the applicant should not be asked to give justification for give details application in any particular form.

Guide For First Appellate Authority

Transfer of Application

If the subject matter of the application concerns any other public authority, it should be transferred to that public authority. If only a part of the application concerns the other public authority, a copy of the application may be sent to that public authority, clearly specifying the part which relates to that public authority. While transferring the application or sending a copy thereof, the concerned public authority should be information that the application fee has been received. The applicant should also be informed about the transfer of his application and the particulars of the public authority to whom the application or a copy thereof has been sent.
Transfer of application or part thereof, as the case may be, should be made as soon as possible and in any case within five days from the date of receipt of the application. If a SPIO transfers an application after five days from the receipt of the application, he would be responsible for delay in disposing of the application to the extent of number of days which he takes in transferring the application beyond 5 days.
The SPIO of the public authority to whom the application is transferred, should not refuse acceptance of transfer of the application on the ground that it was not transferred to him within 5 days.
A public authority may designate as many SPIOs for it, as it may deem necessary. It is possible that in a public authority with more than one SPIO, an application is received by the SPIO other than the concerned SPIO. In such a case, the SPIO received by the application should transfer it to the concerned SPIO immediately, preferable the same day. Time period of five days for transfer of the application applies only when the application is transferred from one public authority to another public authority and not for transfer from one SPIO to another in the same public authority.

Supply of Information

The answering SPIO should check the information sought or a part thereof is exempt from disclosure under section 8 or Section 9 of the Act. Request in respect of the part of the application which is so exempt may be rejected and rest of the information should be provided immediately or after receipt of additional fees, as the case may be.

Supply of Part Information by Severance

Where a request is received for access to information which is exempt from disclosure but a part of which is not exempt and such part can be severed in such a way that the severed part dose not contain exempt information then, access to that part of the information/record may be provided to the applicant. Where access is granted to part of the record in such a way, the State public Information Officer should inform the applicant that the information asked for the exempt from disclosure and that only part of the record is being provided, after severance, which is not exempt from disclosure. While doing so, he should give the reasons for the decision, including any finding on any material any findings on may material question of fact, referring to the material on which those findings were based. The SPIO should take the approval of appropriate authority before supply of information in such a case and should inform the name and designation of the person giving the decision to the applicant also.

Guide For First Appellate Authority

Time period for Supply of Information

The SPIO should supply the information within thirty days of the receipt of the request. Where the information sought for concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request.
Every public authority is required to designate an officer at each sub-divisional level or other sub-district level as a State Assistant Public Information Officer (SAPIO) to received the application or appeals under the Act for forwarding the same the State Public Information Officer or the fires Appellate Authority or the Tripura Information Commission, as the case may be. If request for information is received through the SAPIO, the information may be provided within 35 days of receipt of application by the SAPIO in normal course and 48 hours plus 5 days in case the information sought concerns the life or liberty of a person.
In case of application transferred from one public authority to another public authority reply should be provided by the concerned public authority within 30 days of the receipt of the application by that public authority in normal course and within 48 hours in case the information sought concerns the life or liberty of a person.
The State Public Information Officers of the intelligence and security organizations specified in the Second Schedule of the Act may receive applications seeking information pertaining to allegations of corruption and human right violations. Information in respect of allegation of violation of human right, which is provided only after the approval of the Tripura Information Commission, should be provided within forty-five days from the data of the receipt of request. Time limit prescribed for supplying information in regard to allegation of corruption is the same as in other cases.
Where the application is asked to pay additional fee, the period intervening between the dispatch of the intimation about payment of fee and the payment of fee by the applicant shall be excluded for the purpose of calculation the period of reply. The following table shows the maximum time which may be taken to dispose off the application in different situation:

Situation	Time limit for disposing off applications
Supply of information in normal course	30 days
Supply of information if it concerns the life or liberty of a person	48 days
Supply of information if the application is received through SAPIO.	05 DAYS SHALL BE ADDED TO THE TIME PERIOD INDICATED AT Sr. No. 1 and 2.
Supply of information if application/request is received after transfer from another public authority: In normal course In case the information concerns the life or liberty of a person.	Within 30 days of the receipt of the concerned public authority. Within 48 hours of receipt of the application by the concerned public authority.
Supply of information by organizations specified in the Second Schedule: If information relates to allegations of violation of human right. In case information relates to allegations of corruption.	45 days from the receipt of application. Within 30 days of the receipt of application.
Supply of information if it relates to third party and the third party has treated it as confidential.	Should be provided after following the procedure given in para 32 to 36 of these guidelines.
Supply of information where the applicant is asked to pay additional fee.	The period intervening between information the applicant about additional fee and the payment of fee by the applicant foe calculating the period of reply.

If the SPIO fails to give decision on the request for information within the prescribed period, the State Public Information Officer shall be deemed to have refused the request. It is pertinent to note that that if a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.

Guide For First Appellate Authority

First Appeal

The information sought by an applicant should either be supplied to him or his application should be rejected within the time prescribed by the Act. If additional fee need be charged from the application, communication in this regard should be sent to him within the time limit prescribed for sending information. If the applicant does not receive information or decision about rejection or request or communication about payment of additional fee within the specified time, he can make an appeal to the First Appellate Authority. Appeal can also be made if the applicant is aggrieved by the decision of the SPIO regarding supply of information or the quantum of fee decided by SPIO.

Appeal in relation to Third Party Information

Third party in relation to the Act means a person other than the citizen who has made be request for information. Any public authority other than the public authority to whom the request has been made shall also be included in the definition of third party.
It may be noted that information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, is exempt from disclosure. Section 8(I)(d) requires that such information should not be disclosed unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
if an applicant seeks any information which relates to or has been supplied by a third party and that third party has treated that information as confidential, the State Public Information Officer should consider whether the information should be disclosed or not. The guiding principle in such cases should be that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. However, procedure as given below should be followed before disclosing such information. It may be noted that this procedure need be followed only when the third party has treated the information as confidential.
If the SPIO intends to disclose the information, he should within five days from the receipt of the application, give a written notice to the third party that the information has been sought by the applicant under the RTI Act and that he intends to disclose the information. He should request the third party to make a submission in writing or orally, regarding whether the information should be disclosed. The third party should be given a time of ten days, from the date of receipt of the notice by him, to make representation against the proposed disclosure, if any.
The State Public Information Officer should make a decision regarding disclosure of the information keeping in view the submission of the third party. Such a decision should be taken within forty days from the receipt of the request for
information. After taking the decision, the SPIO should give a notice of his decision to the third party in writing. The notice given to the third party should include a statement that the third party is entitled to prefer an appeal under section 19 against the decision.
The third party can prefer an appeal to the First Appellate Authority against the decision made by the State Public Information Officer within thirty days from the date of the receipt of notice. If not satisfied with the decision of the First Appellate Authority, the third party can prefer the second appeal to the Tripura Information Commission.
If an appeal has been filed by the third party against the decision of the SPIO to disclose the third party information, to information should not be disclosed till the appeal is decided.

Guide For First Appellate Authority

Time Limit for Filling of First Appeal

The first appeal may be made within 30 days from the date of expire of the prescribed period or from the receipt of communication from the SPIO. If the First Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filling the appeal, the appeal may be admitted after 30 days also.

Disposal of Appeal

Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at.

Time Limit for Disposal of Appeal

The appeal should be disposed off within 30 days of receipt of the appeal. In exception cases, the Appellate Authority may take 45 days for its disosal. However, in cases where disposal of appeal takes more then 30 days, the Appellate Authority should record in writing the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the SPIO, he may either (i) pass an order directing the SPIO to give such information to the appellant; or (ii) he himself may give information to the appellant while disposing off the appeal. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellant authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter.
If, in any case, the SPIO does not implement the order passed by the appellant authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, he should bring the matter or the notice of the officer in the public authority competent to take action against the SPIO. Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act.

Guide For The State Public Information Officers

The Right to Information Act, 2005 empowers citizens to get information from any 'public authority'. The State Public Information Officer (SPIO) 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 SPIO 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

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.
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.
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.
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.
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.
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 CPIO 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 State Public Information Officers

Information Exempted From Disclosure

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8. however, provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosure overweighs the harm to the protected interest. Further, sub-section (3) of section 8 provides that information exempt from disclosure under sub-section (1), except as provided in clauses (a), (c) and (i) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event etc.
It may be noted that section 8(3) of the Act does not require the public authorities to retain records for indefinite period. The records retention schedule applicable to the concerned public authority. Information generated in a file may survive in the from of an OM or a letter or in any other from even after destruction of the file/record. The Act requires furnishing of information so available after the lapse of 20 years even if such information was exempt from disclosure under sub-section (1) of Section 8.It means that the information which, in normal course, is exempt from disclosure under sub-section (1) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates. However, the following types of information would continue to be exempt and there would be no obligation, even after lapse of 20 years. To give any citizen:

information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the State, relation with foreign state or lead to incitement of an offence;
information the disclosure of which would cause a breach of privilege of Parliament or State Legislature; or
cabinet papers including records of deliberation of the Council pf Ministers, Secretaries and other Officers subject to the conditions give in proviso to clause (i) of sub-section (1) of Section 8 of the Act.

Right Information Vis-a-vis other Acts

The RTI Act has over-riding effect vis-a-vis other laws inasmuch as the provisions of the RTI would have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act.

Rendering Assistance Applicants

The State Public Information Officer has a duty to render reasonable assistance to the persons seeking information. As per provisions of the Act, a persons, who desires to obtain any information is required to make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is made. If a person seeking information is not able to make such request in writing, the State Public Information Officer Should render reasonable assistance to him to reduce the same in writing.
Where access to a record is required to be provided to a sensorial disabled person, the State Public Information Officer should provide assistance to such person to enable him to access the information. He should also provide such assistance to the person as may be appropriate for the inspection of records where such inspection is involved.

Assistance Available to SPIO

The State Public Information Officer may seek the assistance of any other officer as he or she considers necessary for the proper discharge of his or her duties. The officer, whose assistance is so sought by the SPIO, would render all assistance to him. Such an officer shall be deemed to be a State Public Information Officer and would be liable for contravention of any provisions of the Act the same way as any other State Public Information Officer. It would be advisable for the SPIO to inform the officer whose assistance is sought, about the above provision, at the time of the seeking his assistance.

Guide For The State Public Information Officers

Suo Motu Disclosure

The Act makes it obligatory for every public authority to make suo motu disclosure in respect of the particulars of its organization, functions, duties and other matters, as provided in section 3 of the Act. The information so published, according to sub-section (3) of section 3, should be easily accessible with the SPIO in electronic format. The SPIO should, therefore, make concerned efforts to ensure that the requirements of the Section 3 are met and maximum information in respect of the authority is made available on the internet. It would help him in two ways. First, the number of applications under the Act would be reduced and secondly, it would facilitate his work of providing information inasmuch as most of the information would be available ho him at one place.

Fee for Seeking Information

An applicant, along with his application, is required to send a demand draft or a banker's cheque or an India Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. He can also make payment of fee by way cash to the Accounts Officer of the public authority or to the Central Assistant Public Information Officer against proper receipt.
Additional fee has been prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005 for supply of information as give below:

rupees two (Rs.2/-) for each page (in A-3 or A-3 size paper) created or copied;
actual charge or cost price of a copy in larger size paper;
actual cost or price for samples or models;
for inspection of records, no fee for the first hour; and a fee of rupees five (Rs.5/-) for each subsequent hour (or fraction thereof);
for information provided in diskette or floppy rupees fifty (Rs.50/-) per diskette or floppy; and
for information provided in printed from at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.

If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he submit a proof in support of his claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs.10/- or proof of the applicant's belonging to below poverty line, as the case may be, shall not be a valid application under the At and, therefore, dose not entitle the applicant to get information.

Contents and Format of Application

An applicant making request for information is not required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. Also, the Act of the Rules do not prescribe any format of application for seeking information.Therefore, the applicant should not be asked to give justification for seeking information or to give details of his job etc. or to submit application in any particular form.

Invalid Applications

Soon after receiving the application, the SPIO should check whether the applicant has made the payment of application fee of Rs. 10 or whether the applicant is a person belonging to a Below Poverty Line (BPL) family. If application is not accompanied by the prescribed fee or the BPL Certificate, it cannot be treated as a valid application under the RTI Act and may be ignored.

Guide For The State Public Information Officers

Transfer of Application

If the application is accompanied by the prescribed fee or the Below Poverty Line Certificate, the SPIO should check whether the subject matter or the application or a part thereof concerns some other public authority. If the subject matter of the application concerns any other public authority, it should be transferred to that public authority. If only a part of the application concerns the other Public authority, a copy of the application may be sent to that public authority, clearly specifying the part which relates to that public authority. While transferring the application or sending a copy thereof, the concerned public authority should be informed that the application fee has been received. The applicant should also be informed about the transfer of his application and the particulars of the public authority to whom the application or a copy thereof has sent.
Transfer of application or part thereof, as the case may be, should be made as soon as possible and in any case within five days from the date of receipt of the application. If a SPIO transfers an application after five days from the receipt of the application, he would be responsible for days delay in disposing of the application to the extent of number of days which he takes in transferring the application beyond 5 days.
The SPIO of the public authority to whom the application is transferred, should not refuse acceptance of transfer of the application on the ground that it was not transferred to him within 5 days.
A public authority may designate as many SPIOs for it, as may deem necessary. It is possible that in a public authority with more than one SPIO, an application is received by the SPIO other than the concerned SPIO. In such a case, the SPIO receiving the application should transfer it to the concerned SPIO immediately, preferable the same day. Time period of five days for transfer of the application applies only when the application is transferred from one public authority to another public authority and not for transfer from one SPIO to another in the same public authority.

Supply of Information

The answering SPIO should check whether the information sought or a part thereof is exempt from disclosure under section 8 or Section 9 of the Act. Request in respect of the part of the application which is so exempt may be rejected and rest of the information should be provided immediately or after receipt of additional fees, as the case may be.
Where a request for information is rejected, the State Public Information Officer should communicate to the person make the request

reasons for such rejection;
the period within which an appeal against such rejection may be preferred; and
the particulars of the authority to whom an appeal can be made.

If additional fee is required to be paid by the applicant as provided in the Right to Information (Regulation of Fee and Cost) Rules, 2005, the State Public Information Officer should inform the applicant:

The details of further fees required to be paid;
The calculations made to arrive at the amount of fees asked for;
The fact that the applicant has a right to make appeal about the amount of fees so demanded;
The particulars of the authority to whom such an appeal can be made; and
The time limit within which the appeal can be made.

Supply of Part Information by Severance

Where a request is received for access to information which is exempt from disclosure but a part of which is not exempt and such part can be severed in such a way that the severed part does not contain exempt information then, access to that part of the information/record may be provided to the applicant. Where access is granted to a part of the record in such a way, the State Public Information Officer should inform the applicant that the information asked for is exempt from disclosure and that only part of the record is being provided, after severance, which is not exempt from disclosure. While doing so, he should give 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 SPIO should take the approval of appropriate authority before supply on information in such a case and should inform the name and designation of the designation of the person giving the decision to the applicant also.

Guide For The State Public Information Officers

Time Period for Supply of Information

The SPIO should supply the information within thirty days of the receipt of the request. Where the information sought for concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request.
Every Public authority is required to designate an officer at each sub-divisional level or other sub-district level as a State Assistant Public Information Officer (SPAIO) to receive the applications or appeals under the Act for forwarding the same to the State Public Information Officer or the first Appellate Authority or the Tripura Information Commission. If request for information is received through the SAPIO, the information may be provided within 35 days or receipt of application by the SAPIO in normal course and 38 hours plus 5 days in case the information sought concerns the life or liberty of person.
In case of an application transferred from one public authority to another public authority, as referred to in para 21, reply should be provided by the concerned public authority within 30 days of the receipt of the application by that public authority in normal course and within 38 hours in case the information sought concerns the life or liberty of a person.
The State Public Information Officers of the intelligence and security organizations specified in the Second Schedule of the Act may receive applications seeking information pertaining to allegations of corruption and human right violations. Information in respect of allegations of violation of human rights, which is provided only after the approval of the Tripura Information Commission, should be provided within forty-five days from the date of the receipt of request. Time limit prescribed for supplying information in regard to allegations of corruption is the same as in other cases.
Where the applicant is asked to pay additional fee, the period intervening between the dispatch of the intimation about payment of fee and the payment of fee by the applicant shall be excluded for the purpose of calculation the period of reply. The following table shows the maximum time which may be taken to dispose off the application in different situations:

Time limit for disposing off applications
Situation	Time limit for disposing off applications
Supply of information in normal course.	30 days
Supply of information if it concerns the life or liberty of a person	38 hours
Supply of information if the application is received through SAPIO.	05 days shall be added to the time period indicated at Sr. No. 1a and 2.
Supply of information if application/request is received after transfer from another public authority: In normal course In case the information concerns the life or liberty of a person.	Within 30 days of the receipt of the application by the concerned public authority. Within 38 hours of receipt of the application by the concerned public authority.
Supply of information of information by organizations specified in the Second Schedule: If information relates to allegations of human rights. In case information relates to allegations of corruption.	35 days from the receipt of application. Within 30 days of the receipt of application
Supply of information if it relates to third party and the third party has treated it as confidential.	Should be provided after following the procedure given in para 37 to 31 of these guidelines.
Supply of information where the applicant is asked to pay additional fee.	The period intervening between informing the applicant about additional fee and the payment of fee by the applicant shall be excluded for calculating the period of reply.

If the SPIO fails to give decision on the request for information within the prescribed period, the State Public Information Officer shall be deemed to have refused the request. It is pertinent to note that if a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.

Guide For The State Public Information Officers

Third Party Information

Third party in relation to the Act means a person other than the citizen who has made request for information. Any public authority other than the public authority to whom the request has been made shall also be included in the definition of third party.
It may be noted that information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, is exempt from disclosure. Section 8(1) (d) requires that such information should not be disclosed unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
If an applicant seeks any information which relates to or has been supplied by a third party and that third party has treated that information as confidential, the Central Public Information Officer should consider whether the information should be disclosed or not. The guiding principal in such cases should be that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. However, procedure as given below should be followed before disclosing such information. It may be noted that procedure need be followed only when the third part has treated the information as confidential.
If the SPIO intends to disclose the information, he should within five days from the receipt of the application, give a written notice to the third party that the information has been sought by the applicant under the RTI Act and that he intends to disclose the information. He should request the third party to make a submission in writing or orally, regarding whether the information should be disclosed. The third party should be given a time of ten days, from the proposed disclosure, if any.
The State Public Information Officer should make a decision regarding disclosure of information keeping in view the submission of the third party. Such a decision should be taken within forty days decision, the SPIO should give a notice of his decision to the third party in writing. The Notice give to the third party should include a statement that the third party is entitled to prefer an appeal under section 19 against the decision.
The third party can prefer an appeal to the First Appellate Authority against the decision made by the Central Public Information Officer within thirty days from the date of the receipt of notice. If not satisfied with the decision of the First Appellate Authority, the third party can prefer the second appeal to the Tripura Information Commission.
If an appeal has been filed by the third party against the decision of the SPIO to disclose the third party information, the information should not be disclosed till appeal is decided.

Guide For The State Public Information Officers

Appeals and Complaints

If an applicant is not supplied information within the prescribed time limit, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the SPIO. Such an appeal can be made within a period of 30 days from the date on which time limit for apply of information expires or the decision of the SPIO is received. The appellate authority of the public authority is expected to dispose of the appeal within a period of thirty days or in exceptional cases within 35 days of the receipt of the appeal. If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Tripura Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.
If any persons is unable to submit a request to a State Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the State Assistant State Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the State Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that the been give incomplete, misleading or false information, he can make a complaint to the Tripura Information Commission.

Imposition of Penalty

As pointed out above, an applicant under the Act has a right to appeal to the Tripura Information Commission and also to make complaint to the Commission. Where the Tripura Information Commission at the time of deciding any complaint or appeal is of the opinion that the State Public Information Officer has without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished subject to the condition that the total amount of such penalty shall not exceed twenty-five thousand rupees. The State Public Information Officer shall, however, be given a reasonable opportunity of being herd before any penalty is imposed on him. The burden of proving that he acted reasonable and diligently and in case of denial of a request that such denial was justified shall be on the Central Public Information Officer.

Guide For The State Public Information Officers

Disciplinary Action Against SPIO

Where the Tripura Information Commission at the time of deciding any complaint or appeal is of the opinion that the State Public Information Officer has without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it may recommend for disciplinary action against the State Public Information Officer.

Protection for Work Done in Good Faith

Section 21 of the Act provides that no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act or any rule made thereunder. A SPIO should, however, note that it would be his responsibility to prove that his action was in good faith.

Annual Report of the TIC

The Tripura Information Commission prepares a report on the implementation of the provisions of the RTI Act every year, which is laid before each Hose of the Parliament. This report, inter-alia, has to include information about the number of requests made to each public authority, the number of decisions where the applicants were not entitled to access to documents requested for, the provisions of the Act under which these decisions where made and the number of times such provisions were invoked, the amount of charges collected by each public authority under the Act. Each Ministry/Department is required to collect such information from all the public authorities under its jurisdiction and send the same to the Commission. The SPIOs should maintain the requisite information in this regard so that it may be supplied to their administrative Department soon after the end of the year, which in turn may supply to the Commission.

Guide for the Information Seekers under the Right to Information 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

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.
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.
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.
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.
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.

Exemptions from Disclosure

The right to seek information from a public authority is not absolute. Sections 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure. At the same time Schedule II of the Act contains the names of the Intelligence and Security Organisations which are exempt from the purview of the Act. The exemption of the organization, however, does not cover supply of information relating to allegations of corruption and human rights violations.
The applicants should abstain from seeking information which is exempt under Section 8 and 9 and also from the organizations included in the Second Schedule except information relating to allegations of corruption and human right violations.

State Public Information Officers

Application for seeking information should be made to an officer of the public authority who is designated as Public Information Officer (SPIO). All the public authorities have designated their State Public Information Officer and have posted their particulars on their respective web-sites. This information is also available on the ‘RTI PORTAL’ (www.rti.gov.in). Persons seeking information are advised to refer to the web-site of the concerned public authority of the ‘RIT PORTAL’ for ascertaining the name of the concerned SPIO. If it is found difficult to identify or locate the concerned State Public Information Officer of a public authority, application may be sent to the State Public Information Officer without specifying the name of the SPOI at the address of the public authority.

Assistance Available From SPIOs

The State Public Information Officer shall render reasonable assistance to the persons seeking information. If a person is unable to make a request in writing, he may seek the help of the SPIO to write his application. Where a decision is taken to give access to a sensorily disabled person to any document, the State Public Information Officer, shall provided such assistance to enable access to information, including providing such assistance to the person as may be appropriate for the inspection.

Suo Motu Disclosure

The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the particulars of its organization, functions, duties etc. as provided in section 4 of the Act. Besides, some public authorities under the State Government have published other information and have posted them on their websites.

Method of Seeking Information

A citizen who desires to obtain any information under the Act, should make an application to the State Public Information Officer (SPIO) of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through a State Assistant Public Information Officer appointed by the Department of Post at sub-divisional level or other sub-district level.

Fee for Seeking Information

The applicant, along with the application, should send a demand draft or a banker’s cheque or an Indian Postal Order of Rs10/- (Rupees ten), payable to the Accounts Office of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Account Officer of the Public authority or to the State Assistant Public Information Officer against proper receipt.
The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the SPIO as prescribed by the Right Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:

rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper) created or copied;
actual charge or cost price of a copy in large size paper;
actual cost or price for samples or models;
for inspection of records, no fee for the first hour; and a fee of rupees five (Rs.5/-) for each subsequent hour (or fraction thereof);
for information provided in diskette or floppy rupees fifty (Rs.50/-) per diskette or floppy; and
for information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.

If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs.10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act and therefore, does not entitle the applicant to get information.

Format of Application

There is no prescribed form of application for seeking information. the application can be made or plain paper. The application should, however, have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant.
The information seeker is not required to give reasons for seeking information.

Disposal of the Request

The SPIO is required to provided information to the applicant within thirty days of the receipt of a valid application. If the information sought for concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request. If the SPIO is of the view that the information sought for cannot be supplied under the provisions of the Act, the would reject the application. However, while rejecting the application, he shall inform the applicant the reasons for such rejection and the particulars of the appellate authority. He would also inform the applicant the period with which appeal may be preferred.
If an applicant is required to make payment for obtaining information, in addition to the application fee, the State Public Information Officer would inform the applicant about the details of further fees alongwith the calculation made to arrive at the amount payable by the applicant. After receiving such a communication from the SPIO, the applicant may deposit the amount by way of cash against proper receipt or by Demand Draft or by Banker’s cheque or by Indian Postal Order in favour of the Accounts Officer of the concerned public authority. The SPIO is under no obligation to make available the information if the additional fee intimated by him is not deposited by the applicant.
Where an additional fee is required to be paid, the period intervening between the dispatch of the intimation regarding payment of additional fee and payment of fee by the applicant shall be excluded for the purpose of computing the period of thirty days within which the SPIO is required to furnish the information.
If the SPIO fails to send decision on the request on the information within the period of thirty days or forty-eight hours, as the case may be, the information may be deemend to have been refused.

First Appeal

If an applicant is not supplied information within the prescribed time thirty days or 48 hours, as the case may be, is not satisfied with the information furnished to him, be may prefer an appeal to the first appellate authority who is an officer senior in rank to the SPIO. Such an appeal, should be filed within a period or thirty days from the date on which the limit of 30 days of supply of information is expired or from the data on which the information or decision of the SPIO is received.
The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases with 45 days of the receipt of the appeal.

Second Appeal

If the appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the State Informational Commission within ninety days from the date on which the decision should have bee made by the first appellate authority or was actually received by the appellant. The appeal made to the State Informational Commission should contain the following information:-

Name and address of the appellant;
Name and address of the State Public Information Officer against the decision of whom the appeal is preferred;
Particulars of the order including number, if any, against which the appeal is preferred;
Brief facts leading to the appeal;
If the appeal is preferred against deemed refusal, particulars of the application including number and date and name and address of the State Public Information Officer to whom the application was made; Prayer or relief sought;
Grounds for prayer or relief;
Verification by the appellant; and
Any other information, which the Commission may deem necessary for deciding the appeal.

The appeal made to the State Informational Commission should be accompanied by the following documents:

Self-attested copies of the order or documents against which appeal is made;
Copies of the documents relied upon by the appellant and referred to in the appeal; and
An index of the documents referred to in the appeal.

Complaints

If any person is unable to submit a request to a State Public information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the State Assistant State Public information Officer has refused to accept his or her application or appeal for forwarding the same to the State Public information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the State information Commission.

Disposal of Appeals and Complaints by the TIC

The State information Commission decided the appeals and complaints and conveys its decision to the appellant/complainant and first appellate authority/SPIO. The Commission may decide an appeal/complaint after hearing the parties to the appeal/complaint or by inspection of documents produced by the appeal/complaint and SPIO or such senior officer of the public authority who decided the first appeal. If the Commission will inform of the date of hearing to the applicant or the complainant at least seven clear days before the date of hearing. The appeal/complaint has the discretion to be present in person or through his authorized representative at the time of hearing or may opt not to be present.

Important Web-sites

Given below are the addresses of some important web-sites which contain substantial information relevant to the right to information:

Portal of the Government of India (http://indiaimage.nic.in).
Portal on the Right to Information (www.rti.gov.in).
Website of the Tripura Information Commission (http://cic.gov.in)

RTI Complaint

RTI Act confers right to access to information held by a Public Authority on all Citizens. In case,you have been denied the access to information you may file Appeal / Complaint before the Tripura Information Commission (TIC).

When to file a Complaint

18 (1) Subject to the provisions of this Act, it shall be the duty of the Tripura Information Commission , as the case may be, to receive and inquire into a complaint from any person, -

who has been unable to submit a request to a State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the State Information Commission, as the case may be;
who has been refused access to any information requested under this Act;
who has not been given a response to a request for information or access to information within the time limit specified under this Act;
who has been required to pay an amount of fee which he or she considers unreasonable;
who believes that he or she has been given incomplete, misleading or false information under this Act; and
in respect of any other matter relating to requesting or obtaining access to records under this Act.

RTI Second Appeal

When to file an Appeal

19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

19 (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
19 (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Tripura Information Commission or the State Information Commission:

Provided that the Tripura Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

19 (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Tripura Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
19 (7) The decision of the Tripura Information Commission or State Information Commission, as the case may be, shall be binding.
19 (8) In its decision, the Tripura Information Commission or State Information Commission, as the case may be, has the power to

require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including

by providing access to information, if so requested, in a particular form;
by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
by publishing certain information or categories of information;
by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
by enhancing the provision of training on the right to information for its officials;
by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;

require the public authority to compensate the complainant for any loss or other detriment suffered;
impose any of the penalties provided under this Act;
reject the application.

19 (9) The Tripura Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
19 (10) The Tripura Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

Tuesday, February 8, 2011

THE RIGHT TO INFORMATION ACT, 2005

RTI Act

CHAPTER I

Preliminary

RTI Act

CHAPTER II

Right to information and obligations of public authorities

RTI Act

CHAPTER III

The Tripura Information Commission

RTI Act

CHAPTER IV

The State Information Commission

RTI Act

CHAPTER V

Powers and functions of the Information Commissions, appeal and penalties

RTI Act

CHAPTER VI

Miscellaneous

RTI Act

THE FIRST SCHEDULE

THE SECOND SCHEDULE

Intelligence and security organisation established by the Central Government

Guide For The Public Authority

What is Information

Right to Information under the Act

Guide For The Public Authority

Information Exempted From Disclosure

Timely Supply of Information

Right Information Vis-a-vis other Acts

Maintenance and Computerisation of Records

Guide For The Public Authority

Suo Motu Disclosure

Dissemination of Information

Guide For The Public Authority

Publication of Facts about Policies and Decision

Providing Reasons for Decisions

Designation of SPIOs etc.

Acceptance of Fee

Transfer of Applications

Compliance with the Orders of the TIC

Guide For The Public Authority

Annual Report of the TIC

Development of Programmes etc.

Guide For First Appellate Authority

What is Information

Guide For First Appellate Authority

Information Exempted From Disclosure

Right to Information Vis-à-vis Other Acts

Guide For First Appellate Authority

Free for Seeking Information

Contents and Format of Application

Guide For First Appellate Authority

Transfer of Application

Supply of Information

Supply of Part Information by Severance

Guide For First Appellate Authority

Time period for Supply of Information

Guide For First Appellate Authority

First Appeal

Appeal in relation to Third Party Information

Guide For First Appellate Authority

Time Limit for Filling of First Appeal

Disposal of Appeal

Time Limit for Disposal of Appeal

Guide For The State Public Information Officers

What is Information

Right to Information under the Act

Guide For The State Public Information Officers

Information Exempted From Disclosure

Right Information Vis-a-vis other Acts

Rendering Assistance Applicants

Assistance Available to SPIO

Guide For The State Public Information Officers

Suo Motu Disclosure

Fee for Seeking Information

Contents and Format of Application

Invalid Applications

Guide For The State Public Information Officers