This book is a definitive guide to the Right to Information Act, 2005 (RTI Act). Drawn from an in-depth study of over 1,00,000 orders from the Central Information Commission and landmark court judgments, this book categorises a wide array of case laws topic-wise, allowing readers to swiftly pinpoint the relevant case law for their RTI application or appeal. Additionally, it provides a section-wise breakdown for ease of reference.
This book is tailored to guide government officials responsible for the RTI Act’s implementation, including the PIO, deemed PIO, FAA, and nodal officer. It is also equally invaluable for lawyers, information commissioners, and curious citizens eager to familiarise themselves with authoritative case laws on the Act.
The Present Publication is the 2nd Edition, authored by Dr. Rajesh Kumar Verma & Dr. Anuradha Verma, with the following noteworthy features:
[Real-life Cases] to gain a deeper understanding of the RTI Act’s intricacies[Guidelines for PIOs and FAAs] to efficiently address issues and avoid potential penalties or compensations
[Evolving Role of the RTI Act and Strategies] to counteract its misuse
[Latest Amendments and Diverse Interpretations] of the RTI Act for a lucid perspective
Comprehensive and detailed information
The structure of the book is as follows:
The book provides a comprehensive overview of the RTI Act, beginning with its background, objectives, primary provisions, and significance of the Preamble. It delves into various pertinent topics, including:
Interpretation of terms and concepts in the RTI Act
Definitions of ‘Information’ and ‘Public Authority’ from which one can procure details
The pathway of an RTI application, response timelines, fee structures, and regulations related to third-party information
Obligatory proactive disclosure criteria, its methods, and third-party audit compliance
Duties of the PIO, deemed PIO, and FAA
Exceptions under sections 8 and 9 for denying information access and their application
Management of records, especially regarding information over two decades old
Entities outside the RTI Act’s scope and scenarios where they must disclose information
Mechanisms for the first and second appeal processes
Various case laws related to grievances addressed to the Information Commission, be it for penalty imposition or compensation claims
Chapters dedicated to recurring topics like APAR, exams, service matters, vigilance and medical cases, banks, financial institutions, Income Tax, etc., where multiple Act sections come into play
The conclusion emphasises the growing role of the RTI Act in fostering transparency and accountability. It also addresses instances of the Act’s misuse
The detailed contents of the book are as follows:
Introduction
Which Organisations Are Covered?
Designation of Officers – PIO, APIO, FAA
Pro-active Disclosures
Who Can File an Application?
What Can be Sought under the RTI Act?
Has the Application Been Filed Properly?
Is the Payment of Fee as per Law?
Has the ‘Life or Liberty’ been Claimed?
Accessing Information from the Records
Role of the PIO/APIO/Deemed PIO
Dealing with an Application
Disposal of First Appeal
Third-Party Information
Application Seeking Voluminous Information
Overriding Powers under the Act
Organisations Beyond the Purview of the Act
Considerations for Passing an Order
Invoking Exemptions under Section 8(1)(a)
Invoking Exemptions under Section 8(1)(b)
Invoking Exemptions under Section 8(1)(c)
Invoking Exemptions under Section 8(1)(d)
Invoking Exemptions under Section 8(1)(e)
Invoking Exemptions under Section 8(1)(f)
Invoking Exemptions under Section 8(1)(g)
Invoking Exemptions under Section 8(1)(h)
Invoking Exemptions under Section 8(1)(i)
Invoking Exemptions under Section 8(1)(j)
Public Interest
Information Older than 20 Years
Infringement of Copyright
Working of the Information Commission
Filing of Appeal and Complaint
Penalty under the Act
Claim for Compensation
Recommendations by the CIC
Medical Cases
Examination
Banks and other Financial Institutions
Income Tax
Service Matters
ACR/APAR
Vigilance Cases
Expanding Scope of the Act
Conduct of an Applicant
Misuse of the Act
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