Taxmann PIO’s Guide to RTI by R.K. Verma & Anuradha Verma – 2nd Edition 2023

Description

This book is a definitive guide to the Right to Information Act, 2005 (RTI Act). Drawn from an in-depth study of over 1,00,000 orders from the Central Information Commission and landmark court judgments, this book categorises a wide array of case laws topic-wise, allowing readers to swiftly pinpoint the relevant case law for their RTI application or appeal. Additionally, it provides a section-wise breakdown for ease of reference.

This book is tailored to guide government officials responsible for the RTI Act’s implementation, including the PIO, deemed PIO, FAA, and nodal officer. It is also equally invaluable for lawyers, information commissioners, and curious citizens eager to familiarise themselves with authoritative case laws on the Act.

The Present Publication is the 2^nd Edition, authored by Dr. Rajesh Kumar Verma & Dr. Anuradha Verma, with the following noteworthy features:

• [Real-life Cases] to gain a deeper understanding of the RTI Act’s intricacies
• [Guidelines for PIOs and FAAs] to efficiently address issues and avoid potential penalties or compensations
• [Evolving Role of the RTI Act and Strategies] to counteract its misuse
• [Latest Amendments and Diverse Interpretations] of the RTI Act for a lucid perspective
• Comprehensive and detailed information

The structure of the book is as follows:
The book provides a comprehensive overview of the RTI Act, beginning with its background, objectives, primary provisions, and significance of the Preamble. It delves into various pertinent topics, including:

• Interpretation of terms and concepts in the RTI Act
• Definitions of ‘Information’ and ‘Public Authority’ from which one can procure details
• The pathway of an RTI application, response timelines, fee structures, and regulations related to third-party information
• Obligatory proactive disclosure criteria, its methods, and third-party audit compliance
• Duties of the PIO, deemed PIO, and FAA
• Exceptions under sections 8 and 9 for denying information access and their application
• Management of records, especially regarding information over two decades old
• Entities outside the RTI Act’s scope and scenarios where they must disclose information
• Mechanisms for the first and second appeal processes
• Various case laws related to grievances addressed to the Information Commission, be it for penalty imposition or compensation claims
• Chapters dedicated to recurring topics like APAR, exams, service matters, vigilance and medical cases, banks, financial institutions, Income Tax, etc., where multiple Act sections come into play
• The conclusion emphasises the growing role of the RTI Act in fostering transparency and accountability. It also addresses instances of the Act’s misuse

The detailed contents of the book are as follows:

• Introduction
• Which Organisations Are Covered?
• Designation of Officers – PIO, APIO, FAA
• Pro-active Disclosures
• Who Can File an Application?
• What Can be Sought under the RTI Act?
• Has the Application Been Filed Properly?
• Is the Payment of Fee as per Law?
• Has the ‘Life or Liberty’ been Claimed?
• Accessing Information from the Records
• Role of the PIO/APIO/Deemed PIO
• Dealing with an Application
• Disposal of First Appeal
• Third-Party Information
• Application Seeking Voluminous Information
• Overriding Powers under the Act
• Organisations Beyond the Purview of the Act
• Considerations for Passing an Order
• Invoking Exemptions under Section 8(1)(a)
• Invoking Exemptions under Section 8(1)(b)
• Invoking Exemptions under Section 8(1)(c)
• Invoking Exemptions under Section 8(1)(d)
• Invoking Exemptions under Section 8(1)(e)
• Invoking Exemptions under Section 8(1)(f)
• Invoking Exemptions under Section 8(1)(g)
• Invoking Exemptions under Section 8(1)(h)
• Invoking Exemptions under Section 8(1)(i)
• Invoking Exemptions under Section 8(1)(j)
• Public Interest
• Information Older than 20 Years
• Infringement of Copyright
• Working of the Information Commission
• Filing of Appeal and Complaint
• Penalty under the Act
• Claim for Compensation
• Recommendations by the CIC
• Medical Cases
• Examination
• Banks and other Financial Institutions
• Income Tax
• Service Matters
• ACR/APAR
• Vigilance Cases
• Expanding Scope of the Act
• Conduct of an Applicant
• Misuse of the Act