Right to Information Act, 2005 - Wikipedia Right to Information Act, 2005 This article is about the Indian federal law. For freedom of information in other countries, see Freedom of information legislation. Right to Information Act, 2005 It is an act to provide for setting out the practical regime of right to information for citizens to under 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. Citation Act No. 22 of 2005 Territorial extent Whole of India except Jammu and Kashmir Enacted by Parliament of India Date enacted 15 - June - 2005 Date assented to 22 - June - 2005 Date commenced 12 - October - 2005 Status : In force A receipt for payment of fee for collecting information under RTI act Right to Information ( RTI ) is an Act of the Parliament of India to provide for setting out the practical regime of the right to information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a `` public authority '' ( a body of Government or `` instrumentality of State '' ) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The first RTI application was filed at a police station in Pune by Shahid Raza Burney. The first RTI application in Delhi was filed to the office of President about article 370 in Jammu & Kashmir. Every day, over 4800 RTI applications are filed. In the first ten years of the commencement of the act over 17,500,000 applications have been filed. Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. Right to Information codifies a fundamental right of the citizens of India. Contents 1 Scope 1.1 Private bodies 1.2 Political parties 2 Governance and Process 2.1 Fees 3 Controversies 3.1 Digital Right to Information System 3.2 Activism around an efficient Right to Information 3.3 Attacks on RTI Activists and Protection Suggestions 3.4 Intellectual Property Rights 4 See also 5 References 6 External links Scope The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It covers all the constitutional authorities, including executive, legislature and judiciary ; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies `` owned, controlled or substantially financed '' by government, or non-Government organizations `` substantially financed, directly or indirectly by funds ''. Private bodies Private bodies are not within the Act 's ambit directly. In a decision of Sarbjit roy vs Delhi Electricity Regulatory Commission, the Central Information Commission also reaffirmed that privatised public utility companies fall within the purview of RTI. As of 2014, private institutions and NGOs receiving over 95 % of their infrastructure funds from the government come under the Act. Political parties The Central Information Commission ( CIC ) held that the political parties are public authorities and are answerable to citizens under the RTI Act. The CIC said that six national parties - Congress, BJP, NCP, CPI ( M ), CPI and BSP and BJD - has been substantially funded indirectly by the Central Government and have the character of public authorities under the RTI Act as they perform public functions. But in August 2013 the government introduced a Right To Information ( Amendment ) Bill which would remove political parties from the scope of the law. Currently no parties are under the RTI Act and there has a case been filed for bringing all political parties under it. Governance and process The Right to information in India is governed by two major bodies : Central Information Commission ( CIC ) -- Chief Information commissioner who heads all the central departments and ministries - with their own public Information officers ( PIO ) s. CICs are directly under the President of India. State Information Commissions - State Public Information Officers or SPIOs -- Heading over all the state department and ministries the SPIO office is directly under the State Governor. State and Central Information Commissions are independent bodies and Central Information Commission has no jurisdiction over the State Information Commission. Fees A citizen who desires to seek some information from a public authority is required to send, along with the application ( a Postal order or DD ( Demand draft ) or a bankers cheque ) payable to the Accounts Officer of the public authority as fee prescribed for seeking information. If the person is from a disadvantaged community, he / she need not pay. 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 PIO as prescribed by the RTI ACT Controversies The Right to information in India has been mired with controversies ranging from their use in political battles, asking for educational degrees of political rivals, or cases of blatant refusals to provide information on high profile projects to allegations of misuse by civil society. Digital Right to Information System A digital portal has been set up, RTI Portal, a gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the Government of India as well as the State Governments. Though there are recent efforts on digital governance, Right to Information implementation has seen a digitalisation neglect even after 11 years of its enactment. A recent research on ' BallotBoxIndia ' outlines that though central ministries are covered by a single Digital window to file Right to Information requests with integrated payment gateways and tracking mechanism none of the states have yet came forward to implement their versions or use the existing Right to Information Digital Infrastructure. The research report covering 29 states and union territories also highlights the responses from the SPIOs ( State Public Information Officers ). Researchers in the study focussed on the Digital implementation and asked about plans or timeline to provide such facility. 64 % State Public Information failed to respond while the rest of the responses merely took cognizance without any hard timelines. The research also covers in details - the difficulty in filing manual Right to Information requests with the states with delays ranging many months of wait time and various follow ups and rejections. Every state in India has different rules and fee structures to file an application through registered post without any tracking mechanism as covered in details in the report. Activism around an efficient Right to Information Researchers and activists have been proposing changes to make the process easier, efficient and meaningful. One of it demands state and central information systems under one Digital System to streamline information flow and provide proactive information backed by streamlined mandatory reporting. Right to Information ( RTI Act 2005 ) - One RTI campaign flyer started by ballotboxIndia researchers after doing a survey with 28 states SPIOs and Central CIC. The Right to information ( RTI Act 2005 ) was touted as one law which would bring in transparency and eradicate corruption by civil society direct involvement. Failure to implement it in a thoroughly and efficiently has led to rough loss estimate of $245 million yearly as per one estimate. India being a federal state has many items in concurrent list and projects have multiple departments working on them, and sometimes projects are moved from one department to another. With Central and State information commissions working in such a disconnect, and manual transfers of the request for information between departments lead to big delays, confusion, and loss of traceability. It not only denies timely information, creates high barriers to information only a few with very strong motivations and means can cross, but puts a common citizen at the risk by exposing them directly to the departments and agencies which they are trying to find information on. Digital RTI Mission was initiated by a policy think tank based in Kochi ( CPPR ) to make Kerala the first RTI digital state in India. Attacks on RTI activists and protection suggestions Main article : Attacks on RTI activists in India Commonwealth Human Rights Initiative ( CHRI ) data points to over 310 cases across India where people were either attacked, murdered, physically or mentally harassed or had their property damaged because of the information they sought under RTI. The data throws up over 50 alleged murders and two suicides that were directly linked with RTI applications filed. There is a consensus felt that there is a need to amend the RTI Act to provide for the protection of those seeking information under the Act. The Asian Centre for Human Rights recommends that a separate chapter, `` Protection of those seeking information under the ( RTI ) Act '', be inserted into the Act. Protection measures suggested include : Mandatory, immediate registration of complaints of threats or attacks against RTI activists on the First Information Report and placing such FIRs before the magistrate or judge of the area within 24 hours for issuance of directions for protection of those under threats and their family members, and periodic review of such protection measures Conducting inquiry into threats or attacks by a police officer not below the rank of Deputy Superintendent of Police / Assistant Commissioner of Police to be concluded within 90 days and we also use RTI and get it 's benefit. Intellectual Property Rights Many civil society members have recently alleged the subversion of the right to information Act by the invocation of Intellectual Property rights argument by the government agencies from time to time. Most notable are : The Right to Information denied by RBI on Demonetization citing Intellectual Property Laws. The Right to Information Denied by Uttar Pradesh Irrigation Department after more than 8 months of a wait on under construction Gomti Riverfront Development Project. A group of researchers requested for environment Impact and Project Report on the project which is flagged for negative impacts, tax money wastage by environmental scientists and research reports. See also Attacks on RTI activists in India National Data Sharing and Accessibility Policy -- Government of India References Jump up ^ `` Law and behold ''. theweek.in. Retrieved 2018 - 04 - 07. Jump up ^ `` NPGRC Official Page ''. www.npgrc.in. Retrieved 2018 - 04 - 07. Jump up ^ SHARMA, NIDHI ( 2016 - 10 - 06 ). `` 1.75 crore RTI applications filed since 2005 : Study ''. The Economic Times. Retrieved 2018 - 04 - 07. Jump up ^ http://www.rti.india.gov.in/cic_decisions/Decision_30112006_12.pdf Jump up ^ http://articles.economictimes.indiatimes.com/2011-10-03/news/30238465_1_rti-act-public-information-officer-pio. Missing or empty title = ( help ) Jump up ^ Nayak, N. Dinesh. `` Private institutions, NGOs now come under RTI Act : Information Commissioner ''. thehindu.com. Jump up ^ PTI. `` Khurshid sounds warning note on R.T.I ruling ''. The Hindu. Archived from the original on 10 June 2013. Retrieved 4 June 2013. Jump up ^ PTI. `` Political parties under RTI : Congress rejects CIC order ''. The Hindu Newspaper. Archived from the original on 27 October 2013. Retrieved 4 June 2013. Jump up ^ Subrahmaniam, Vidya ( 12 August 2013 ). `` First - ever amendment to historic RTI Act tabled in Lok Sabha ''. The Hindu. Retrieved 1 December 2014. ^ Jump up to : `` FAQ Central Information Commission ''. cic.gov.in. Retrieved 2017 - 02 - 11. Jump up ^ http://rti.gov.in/RTICorner/Guide_2013-issue.pdf ^ Jump up to : `` Gomti River front Development - Irrigation Department Denied Information ''. Gomti River front Development - Irrigation Department Denied Information. 2016 - 12 - 09. Retrieved 2017 - 02 - 11. Jump up ^ `` PM Modi degree issue : HC stays CIC order on 1978 DU records ''. The Indian Express. 2017 - 01 - 24. Retrieved 2017 - 02 - 11. Jump up ^ Gandhi, Shailesh. `` Right to information is misused, but those who do so make up less than 5 % of total applicants ''. Scroll.in. Retrieved 2017 - 02 - 11. Jump up ^ `` About RTI Portal ''. rti.gov.in. Retrieved 2018 - 01 - 30. ^ Jump up to : `` Right to information ( RTI Act 2005 ) India - One Nation # OneRTI ''. BallotBoxIndia. Retrieved 2017 - 02 - 11. Jump up ^ `` Gomti Riverfront Development - Lucknow Development Authority ( LDA ) officially transferred the application of request on Gomti River Front Development DPR and EIA to the Irrigation Department ''. Gomti Riverfront Development - Lucknow Development Authority ( LDA ) officially transferred the application of request on Gomti River Front Development DPR and EIA to the Irrigation Department. 2016 - 09 - 15. Retrieved 2017 - 02 - 11. Jump up ^ `` Centre for Public Policy Research ''. Wikipedia. 2017 - 09 - 25. Jump up ^ digitalrtimission.com. `` RTI DIGITAL MISSION ''. www.digitalrtimission.com. Retrieved 2018 - 01 - 30. Jump up ^ `` Maharashtra, Gujarat Top in Attacks, Killing of RTI Users - The Wire ''. The Wire. Retrieved 2018 - 04 - 07. Jump up ^ `` Maharashtra tops country in attacks, murder of RTI activists - Times of India ''. The Times of India. Retrieved 2018 - 01 - 30. Jump up ^ Central Information Commission - The Commission strongly recommends the Government of India to provide statutory protection to seekers of information that embarrasses the corrupt public servants. http://164.100.161.46/cicapp/cause-list-report-web/download?filename=MTc4MTM4LnBkZg%3D%3D Jump up ^ `` RBI 's refusal to share details under RTI is sheer arrogance, says activist Shailesh Gandhi ''. Firstpost. 2016 - 12 - 31. Retrieved 2017 - 02 - 11. External links Right To Information Ministry Websites and their RTI links Search RTI Act PDF and RTI Application form for all the States Government of India links Complete text of the Right to Information Act ONLINE RTI CIC - The Central Information Commission is empowered to decide complaints and appeals arising from use of the Right to Information Act, 2005. CIC Online - New website of the Central Information Commission for filing complaints and appeals arising from use of the Right to Information Act, 2005. DoPT - The Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions, is charged with being the nodal agency for the Right to Information Act, 2005. It has the powers to make rules regarding appeals, fees, etc. Right to Information Act Portal Freedom of information laws by country Canada France India United Kingdom United States Elsewhere Indian legislation Constitution of India ( amendments ) Indian Penal Code Code of Criminal Procedure, 1973 Acts of the Parliament Ordinance In Force Consumer Real Estate ( Regulation and Development ) Act, 2016 Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Corruption Benami Transactions ( Prohibition ) Act, 1988 Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act, 2015 Prevention of Corruption Act, 1988 The Lokpal and Lokayuktas Act, 2013 Mines and Minerals ( Development and Regulation ) Act, 1957 Prevention of Money Laundering Act, 2002 Whistle Blowers Protection Act, 2011 Criminal Armed Forces ( Special Powers ) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act, 1950 Criminal Law ( Amendment ) Act, 2013 Cigarettes and Other Tobacco Products Act Indian Evidence Act Juvenile Justice ( Care and Protection of Children ) Act, 2015 National Security Act ( India ) Protection of Women from Domestic Violence Act, 2005 Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities ) Act, 1989 Education Indian Institutes of Management Act, 2017 Institutes of Technology Act, 1961 National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act, 2009 University Grants Commission Act, 1956 Environment Air ( Prevention and Control of Pollution ) Act Biological Diversity Act, 2002 CAMPA bill Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Prevention of Cruelty to Animals Act Protection of Plant Varieties and Farmers ' Rights Act, 2001 Wildlife Protection Act, 1972 Financial Aadhaar ( Targeted Delivery of Financial and other Subsidies, benefits and services ) Act, 2016 Banking Regulation Act, 1949 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Depositories Act The Electricity Act, 2003 Expenditure Tax Act, 1987 Finance Act ( India ) Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution ( Regulation ) Act, 2010 Foreign Exchange Management Act Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Government Securities Act, 2006 Indian Contract Act, 1872 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code, 2016 Insurance Act, 1938 Negotiable Instruments Act, 1881 Securities Laws ( Amendment ) Act, 2014 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Competition Act, 2002 The High Denomination Bank Notes ( Demonetisation ) Act, 1978 The Income - tax Act, 1961 Transfer of Property Act 1882 Urban Land ( Ceiling and Regulation ) Act, 1976 Healthcare Central Council of Homoeopathy Act, 1973 Clinical Establishments ( Registration and Regulation ) Act, 2010 Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies ( Objectionable Advertisements ) Act, 1954 Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985 Mental Health Care Act, 2017 Labour Bonded Labor System ( Abolition ) Act, 1976 Factories Act, 1948, India Industrial Disputes Act, 1947 Interstate Migrant Workmen Act 1979 Maternity Benefit ( Amendment ) Act, 2017 Minimum Wages Act 1948 National Rural Employment Guarantee Act, 2005 Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal ) Act, 2013 Unorganised Workers ' Social Security Act 2008 Personal Hindu Adoptions and Maintenance Act ( 1956 ) Majority Act ( India ) Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Hindu Marriage Act, 1955 The Indian Christian Marriage Act, 1872 The Muslim Women ( Protection of Rights on Divorce ) Act 1986 Social Rights of Persons with Disabilities Act, 2016 Child Labour ( Prohibition and Regulation ) Act Indecent Representation of Women ( Prohibition ) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 The Prohibition of Child Marriage Act, 2006 The Scheduled Tribes and Other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 Street Vendors Act, 2014 State Laws Anti-Superstition and Black Magic Act The Bombay Prohibition Act, 1949 Bombay Prohibition ( Gujarat Amendment ) 2009 Chhattisgarh Food Security Act, 2012 Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws ( Amendment ) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act State Reorganisation Andhra Pradesh Reorganisation Act, 2014 Bihar Reorganisation Act, 2000 Madhya Pradesh Reorganisation Act, 2000 Punjab Reorganisation Act, 1966 States Reorganisation Act, 1956 Uttar Pradesh Reorganisation Act, 2000 Terrorism Unlawful Activities ( Prevention ) Act Transport Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002 Organisation / Body Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats ( Extension to Scheduled Areas ) Act 1996 Reserve Bank of India Act, 1934 The Indian Partnership Act, 1932 Societies Registration Act, 1860 The Limited Liability Partnership Act, 2008 Repeal Repealing and Amending Act, 2015 Repealing and Amending ( Second ) Act, 2015 Repealing and Amending Act, 2016 Repealing and Amending Act, 2017 Repealing and Amending ( Second ) Act, 2017 Other All India Services Act, 1951 Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Official Secrets Act ( India ) Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India ( Prohibition of Improper Use ) Act, 2005 The Foreigners Act, 1946 Repealed Pre-Independence Age of Consent Act, 1891 Caste Disabilities Removal Act, 1850 Criminal Tribes Act Hindu Widows ' Remarriage Act, 1856 English Education Act 1835 Prevention of Seditious Meetings Act, 1907 Post-Independence Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants ( Determination by Tribunal ) Act, 1983 Interest Tax Act, 1974 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities ( Prevention ) Act The Gold ( Control ) Act, 1968 Wealth Tax Act, 1957 Bills Proposed Foreign Education Providers Bill, 2013 Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Lapsed Judges Assets Bill Women 's Reservation Bill Retrieved from `` https://en.wikipedia.org/w/index.php?title=Right_to_Information_Act,_2005&oldid=854688045 '' Categories : Freedom of information legislation in India 2005 in law 2005 in India Politics of India Acts of the Parliament of India 2005 Right to Information in India Privacy in India Hidden categories : Pages with citations lacking titles Pages with citations having bare URLs Use Indian English from August 2016 All Wikipedia articles written in Indian English Use dmy dates from August 2016 All articles with unsourced statements Articles with unsourced statements from June 2017 Talk Contents About Wikipedia Wikisource অসমীয়া বাংলা ગુજરાતી हिन्दी Bahasa Indonesia ಕನ್ನಡ മലയാളം मराठी ଓଡ଼ିଆ ਪੰਜਾਬੀ தமிழ் తెలుగు اردو 4 more Edit links This page was last edited on 13 August 2018, at 03 : 19 ( UTC ). 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Question: when did the right to information act come in to force
Answer: 12 October 2005