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S-1. RTI AND OTHER LAWS IN INDIA By M.L. Sharma Central Information Commissioner. S-2. Right to Information Act, 2005, aims at promoting transparency and accountability in public life.

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  1. S-1 RTI AND OTHER LAWS IN INDIA By M.L. Sharma Central Information Commissioner

  2. S-2 Right to Information Act, 2005, aims at promoting transparency and accountability in public life. • Also aims to contain corruption and to hold Govts. and its instrumentalities accountable to the governed by informed citizenry.. • Section 3 confers all citizens of India the right to have information. • Section 4 mandates every public authority to maintain all its records duly catalogued, indexed and compurtised so as to facilitate release of information. • Request for information can be made u/s 6 and is disposed of u/s 7.

  3. Other laws in India can broadly be divided in 03 categories. S-3 • Laws which provided for maintenance of public records; • Laws which provide for disclosure of public documents; & • Laws which deal with matters of commercial confidence, trade secrets or intellectual property etc, which essentially bar disclosure.

  4. Public records Act, 1993, falls in first category S-4 • Section 2 (e) defines ‘Public Records’ • Section 3 empowers Central Govt. to coordinate, regulate and supervise operations connected with administration and management of Public Records. • Section 6 (1) enumerates responsibilities of Record Officer. • These provisions are in line with section 4 (1) of the RTI Act.

  5. S-5 Laws which provide for disclosure of information:- • Indian Evidence Act – Section 76 • Code of Criminal Procedure – Section 91 (1) • Income Tax Act – Section 138 (1) (b) of IT Act. • The Trade Marks Act, 1999 – Section 148 • The Geographical Indications of Goods (Registration and Protection) Act, 1999 – Section 78 Contd………

  6. S-5A • The Designs Act, 2000 – Sections 17 & 18 • The Protection of Plant Varieties and Farmers Rights Act, 2001 – Section 84 • The Semi-conductor Integrated Circuits Lay Out Design Act, 2000 – Section 87 • The Biological Diversity Act, 2000. • The Factories Act, 1948 – Sec. 41B • The Environment Protection Act, 1986 Contd………

  7. S-5B • The Companies Act, 1956. • The Delimitation Act, 2002 – Sections 10 & 11 • The Representation of Peoples Act, 1951 – Sections 33A, 33B, 38, 71-75, 75A, 78A, 78B. • The Water (Prevention and Control of Pollution) Act, 1974 – Sections 20, 23 & 46 • Central Govt. to incorporate disclosure provisions in existing laws as to in laws to be enacted in future. • This may reduce pressure on CPIOs & AAs.

  8. S-6 Laws which bar disclosure of information, viz. • A Copy Rights Act, 1957. • The Patents Act, 1970. • The Official Secrets Act, 1923. • However, the provisions of RTI Act, override provisions of existing laws. Section 8 (2) of the RTI Act permits disclosure of information, if public interested in disclosure out weighs the harm to protected interests.

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