CategoryLegislation & Law

High Court ruling on ‘information’ under the Right to Information Act

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A recent directive clarifies that the definition of ‘information’ under the Right to Information Act, 2005, does not encompass answers to ‘why’ questions. This means that public information authorities are not obligated to provide justifications or reasons for actions taken, as these fall outside the scope of what is considered ‘information’ under the Act. The...

Clarification on ‘Why’ Questions Under the Right to Information Act

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This office memorandum clarifies that under the Right to Information Act, 2005, ‘why’ questions are not considered part of the definition of ‘information’. This interpretation stems from a Bombay High Court ruling in the case of Dr. Elsa Pinto vs. Goa State Information Commission. The ruling states that citizens can seek information but cannot demand reasons or...

Office Memorandum: Clarification on Disclosure of File Noting under the Right to Information Act, 2005

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This memorandum clarifies the disclosure of ‘file noting’ under the Right to Information Act, 2005. It is hereby stated that file notings can be disclosed, with the exception of those containing information that is exempt from disclosure as per Section 8 of the Act. This clarification is to be brought to the notice of all concerned parties, including various government ministries and...

Office Memorandum regarding disclosure of file noting under the Right to Information Act, 2005

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This memorandum clarifies that file notings are generally disclosable under the Right to Information Act, 2005. However, any file noting containing information exempt from disclosure under Section 8 of the Act should be excluded. This clarification is being issued as various ministries and departments have been seeking guidance on the matter. The memorandum is to be brought to the notice of all...

Minutes of Pre-Bid Meeting on Proactive Disclosure Study

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This document details the minutes of a pre-bid meeting concerning a study on proactive disclosure, conducted under the Right to Information (RTI) Act, 2005. The meeting, chaired by JS(AT&A), involved shortlisted organizations tasked with the study. Key discussions included the scope of the study, which will focus on central public authorities but exclude state government entities. The study...

Consolidated Guide on the Right to Information Act, 2005

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This guide provides updated information on the Right to Information Act, 2005, consolidating previous guidelines to assist all stakeholders. It clarifies the definition of ‘information’ and ‘public authority,’ outlines the roles of Public Information Officers and Assistant Public Information Officers, and details citizens’ rights to seek information. The document...

Office Memorandum on Maintenance of Records under the RTI Act

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This Office Memorandum from the Ministry of Personnel, Public Grievances and Pensions emphasizes the critical importance of proper record maintenance for the success of the Right to Information (RTI) Act. It highlights a directive from the Central Information Commission noting that systematic failures in record-keeping lead to incomplete and misleading information, violating Section 4(1)(a) of...

Directions for Maintenance of Records as per the Right to Information Act

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This office memorandum from the Ministry of Personnel, Public Grievances and Pensions emphasizes the importance of maintaining records properly, as mandated by Section 4 of the Right to Information Act. The Central Information Commission has highlighted that a lack of systematic record-keeping leads to incomplete and misleading information being provided by Public Information Officers. The...

Training on RTI for Nodal Officers/CPIOs Rescheduled

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A 3-day training program focused on the Right to Information (RTI) Act, designed for Nodal Officers and Chief Public Information Officers (CPIOs), has been rescheduled. This initiative, part of a Centrally Sponsored Plan Scheme aimed at strengthening capacity building and awareness for the effective implementation of the RTI Act, was initially planned for March 22-24, 2010. The training will now...

Summary of Proceedings of Brainstorming with Civil Society Organisations on RTI Implementation

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This document summarizes a brainstorming session held with Civil Society Organisations (CSOs) to discuss the implementation of the Right to Information (RTI) Act. Key takeaways include the need for better record management, more proactive disclosure of information, and simplified application processes. Participants highlighted issues such as the inconsistent implementation of Section 4 of the...