Contents

Foreword —Pgs. 7

Preface —Pgs. 9

1. Definition of ‘Information’ – ‘File Noting’ Covered under the Definition of ‘Information’ 2(f) —Pgs. 15

2. Definition of ‘Right to Information’ and ‘Sample of Material’ 2(j) —Pgs. 38

3. Determination of ‘Public Authority’ 2(h) —Pgs. 54

4. Definition of ‘Citizen of India’ 3 —Pgs. 69

5. Record Management and Provision of information suo motu 4 —Pgs. 78

6. Designation of Central/State Public Information Officers and their Role and Responsibility 5 —Pgs. 96

7. Filing of RTI Applications by Citizens of India 6 —Pgs. 105

8. Timeframe for Disposal of RTI Requests Including Life or Liberty and Voluminous Information 7 —Pgs. 118

9. Withholding Information Concerning ‘Sovereignty and Integrity of India’ 8(1)(a) —Pgs. 130

10. Withholding Information ‘Expressly Forbidden by Court’ 8(1)(b) —Pgs. 141

11. Withholding Information which may Lead to ‘Breach of Privilege of Parliament/ State Legislature’ 8(1)(c) —Pgs. 149

12. Withholding Information Relating to ‘Trade and Commerce Secrets’ 8(1)(d) —Pgs. 155

13. Withholding Information Available in ‘Fiduciary Relationship’ Including Examination and Service Matters 8(1)(e) —Pgs. 169

14. Withholding Information Received in ‘Confidence from Foreign Government’ 8(1)(f) —Pgs. 189

15. Withholding Information Leading to ‘Endangering Life or Liberty’ 8(1)(g) —Pgs. 195

16. Withholding Information that may ‘Impede the Process of Investigation’ 8(1)(h) —Pgs. 202

17. Withholding Information Relating to ‘Cabinet/Board Meeting Papers’ 8(1)(i) —Pgs. 215

18. Withholding ‘Personal Information’, Disclosure of which has no relationship to any public activity 8(1)(j) —Pgs. 222

19. Disclosure of Information ‘if public interest outweighs’ and ‘Twenty-year- old’ information 8(2)(3) —Pgs. 243

20. ‘Infringement of Copyright’ 9 —Pgs. 250

21. ‘Severability’ of Information 10 —Pgs. 255

22. Disclosure of ‘Third Party’ Information 11 —Pgs. 262

23. Appointment and Removal of ‘Central —Pgs. and State Information Commissioners’ and their Terms and Conditions of Service 12 to 17 —Pgs. 276

24. Powers and Functions of the ‘Information Commissions’ relating to Inquiry into Complaints 18 —Pgs. 282

25. Filing of First and Second Appeal—Role and Responsibility of ‘First Appellate Authority and the Commissions’ 19 —Pgs. 289

26. Powers of Central/State Information Commissions with regard to ‘Penalty and Compensation’ 20 —Pgs. 309

27. ‘Overriding effect of RTI Act’ on the Official Secrets Act 22 —Pgs. 326

28. Withholding information relating to ‘Exempted Intelligence and Security Organizations’ Barring ‘Corruption and Human Rights Violation’ 24 —Pgs. 331

29. Miscellaneous Provisions of the RTI Act 21, 23, 25-31 —Pgs. 339

30. ‘Fee and Cost Matters’ Right to Information (Regulation of Fee and Cost) Rules 2005 — Pgs. 345

Abbreviations Used  — Pgs. 359

Dr. K.B. Rai is presently working as a Consultant in New Delhi Municipal Committee (NDMC). He retired as Deputy Director, Administrative Reforms Department, Government of NCT of Delhi. Known for his keen interest and knowledge in the fields of Administrative Reforms, Good Governance and Right to Information, he directed the implementation of Delhi Right to Information Act, 2001 and Right to Information Act, 2005 in GNCT of Delhi. A Ph.D. in Public Administration from Punjab University and LL.B. from University of Delhi, he has co-authored a number of books and conducted more than 500 workshops and seminars on RTI.