The Right to Information Act, 2005 (2005)
The Right to Information Act, 2005, Act No. 22 of 2005, was enacted by Parliament on 15 June 2005 to give citizens access to information held or controlled by public authorities and to promote transparency and accountability. The supplied version is amended, including the omission made by Act 34 of 2019 with effect from 31 October 2019, and it requires public authorities to maintain, publish and provide access to records, subject to the Act.
What the Act governs
The Right to Information Act, 2005 establishes a practical system through which citizens may obtain information held by or under the control of public authorities. It extends to the whole of India and also provides for the Central Information Commission and State Information Commissions.
Information includes records, documents, files, contracts, reports, circulars, orders, electronic data, opinions and advice. It can also include information about a private body where a public authority can access that information under another law.
Who may be affected
The Right to Information Act, 2005 applies to citizens seeking information and to public authorities responsible for holding or controlling it. A public authority includes bodies established under the Constitution, laws made by Parliament or a State Legislature, or a government notification or order. It also includes bodies owned, controlled or substantially financed by government funds, and non-government organisations substantially financed by those funds.
For a property buyer, owner or professional, the Act may provide access to relevant records held by a public authority, subject to its provisions. The source also lists exemptions, rejection grounds and third party information as matters governed by the Act.
Key rights and duties
The Right to Information Act, 2005 provides that:
- Citizens may inspect work, documents and records.
- Citizens may take notes, extracts or certified copies of documents and records.
- Citizens may obtain certified samples of material.
- Information may be supplied electronically or through printouts where stored on a computer or other device.
- Public authorities must catalogue and index records in a way that supports access.
- Appropriate records should be computerised within a reasonable time, subject to available resources.
- Public authorities must publish information about their organisation, duties, decision-making procedures, rules, document categories, budgets, concessions, permits, authorisations and Public Information Officers.
- Important policy facts must be published, and affected persons must receive reasons for administrative or quasi-judicial decisions.
- Published information must be updated every year and made widely and easily accessible, considering local language and effective local communication methods.
Information officers
The Right to Information Act, 2005 requires public authorities to designate Central Public Information Officers or State Public Information Officers in their offices. These officers deal with requests and must provide reasonable assistance. Assistant Public Information Officers receive applications and appeals and forward them to the appropriate officer, senior officer or Information Commission.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I use the Right to Information Act to inspect government property records?
A citizen may seek inspection of documents and records held by or under the control of a public authority, subject to the provisions of the Right to Information Act, 2005.
Can I ask for certified copies instead of only inspecting a file?
Yes. The right to information includes taking certified copies or extracts of documents and records.
Does the Act cover information held electronically?
Yes. Information includes electronic data, and citizens may obtain it through an electronic mode or as printouts where it is stored on a computer or another device.
Must public authorities publish information without waiting for a request?
Yes. Public authorities must regularly publish specified organisational, financial and administrative information and should provide as much information proactively as possible so that people need to make fewer requests.
