Right to Information- A Boucher

Article

Right to Information- A Boucher

 

Short title, extent and commencement: The Act is known as “Right to Information Act, 2005”. It has come into force w.e.f. 12th October, 2005. 


It extends to whole of India, including Jammu & Kashmir.

 

Preamble to the Act: It sets out a practical regime to secure access to information under the control of Government or its agencies known as public authority; 

  • Fosters a culture of openness & transparency;
  • Improves the democratic process by giving greater access to information about the workings of government and public bodies;
  • Makes government more accountable.  
  • Nearly four crore applicants have availed of its benefit.

 

Coverage: It covers all the three wings of government i.e. Executive; Legislature; and Judiciary:

 

•  Covers all public authorities, bodies or institutions constituted by Parliament/ Legislative Assembly, from Panchayat to President’s Office -

•       Includes Parliament & Assemblies; Supreme Court/High Court/Lower Courts; Bodies owned, controlled and substantially financed.

•         Including Non-government organizations substantially financed directly or indirectly.

•       Government is empowered to notify or issue orders to include such other bodies as are Controlled, Governed and Financed by government, such as Non-aided schools, Hospitals, Nursing Homes, Banks, Licensed dealers, etc.

 

Citizens made the “Master”: The Act provides for giving almost all information to citizens of India barring a few exceptions.

 

Whatever can be given to elected representatives i.e. MPs/MLAs etc. can be given to the citizens as a matter of right and vice-versa.

 

Social Audit: It gives a chance to citizens to conduct social audit of public authorities and carry out inspection of works etc. After getting information the citizens may critically examine facts with reference to the ground realities to find out shortcomings, omissions and commissions etc. like an Inspector, Auditor, Vigilance Officer, etc.

 

A large number of social audits have been done by individuals and associations etc. which showed dismal picture. They have taken up the issue at appropriate forums for taking action against the offenders.

 

Definition of Information: Information means material in any form & includes: -

•    Records, documents, memos, e-mail, opinion, advice, orders, log book, contract,  reports, papers, samples, models, data , material in any electronic form etc. Including Note-sheets reflecting decision making process.

•        Includes information relating to any private body which can be accessed by a public authority under any other law

 

Right to Information: It includes: 

  • Inspection of works, documents, records;
  • Taking notes, extracts, certified copies of documents;
  • Taking certified sample of material;
  • Obtaining computerized information in floppies, tapes etc. 

Provision for Suo-Motu Information: It seeks to provide maximum information about organizations and their working suo-motu through leaflets, website, booklets, etc.

 

Implementation Officers: For proper implementation of the Act every organization is required to designate one or more:

 

•         Central/State Assistant Public Information Officer (CAPIO)

•         Central/State Public Information Officer (CPIO)

•         First Appellate Authority

 

Filing of Application: Application can be filed orally; or in writing on plain paper; or through electronic means accompanying fee to the CPIO of concerned public authority.  Reasons for seeking information not required to be given.

 

Where to file RTI Application: Application can be filed in concerned organization either in person; or by post; or through

E-Mail. It can also be filed-

 

•         With APIOs of any other organization, even if it does not concern them

•         More than 4000 Major Post Offices

•         On line portals:

            https://rtionline.gov.in/

            https://rtionline.delhi.gov.in/

 

Assistance: Assistance of PIO can be sought in writing down request or filing application.

 

Prescribed Fee under RTI Rules, 2012:. The following fee has been prescribed for Non-BPL:

 

Application Fee                                            Rs. 10/-

Additional Page                                           Rs 2/ per page A-4 or A-3

Large size paper/ Sample or Model            Actual Charges

Inspection of records                                   First Hour No fee, thereafter Rs 5/- per hour

Floppy/Diskette                                            Rs.50/-


Appeals                                                                     No Fee

BPL                                                                            No Fee

 

Mode of payment: The fee can be paid in Cash or Demand Draft/Banker cheque/ Postal Order - Payable to “Accounts Officer” Payable at New Delhi.

 

Third Party Information: Where information is sought about third party that has been given by the 3rd party and treated as confidential, a notice will be given to third party within 5 days to make a submission in writing or orally.

 

Third party may make representation within 10 days from the date of receipt of such notice. An opportunity of hearing may be given to both.

 

Time frame for disposal: Reply may be sent as expeditiously as possible, subject to maximum of 30 days:

 

•         35 days  if application is received through CAPIO or other authority;

•         48 hours if information concerns life or liberty;

•         40 days - in case of third party information;

•      45 days - in case of exempted organizations information relating to Human Rights Violation and allegations regarding Corruption.

 

Guidance for appeal: CPIO to give reasons for rejection of application and also to provide name and address of  First Appellate Authority  for filing appeal and time frame within which appeal can be filed.

 

Exemption from disclosure of information: As per section 8(1) the following type of information shall not be obligatory to be given:

 

a)      Concerning security and integrity of India.

b)      Forbidden to be published by the court of law.

c)      Disclosure of which leads to breach of privilege of Parliament/ Assembly.

d)      Commercial confidence trade secrets and intellectual property.

e)      Information received in fiduciary relationship

f)       Information received in confidence from foreign governments

g)      Disclosure of which may endanger some one’s life and liberty.

h)     Which impedes the process of investigation.

i)       Cabinet Papers including record or deliberation.

j)        Personal information which has no relationship to any public activity.

 

Appeals: Appeal lies at two levels:

 

•   First appeal may be filed within department/ organization to senior officer to Public Information Officer within 30 days.

•         First appeal to be decided within 30-45 days.

•       Second appeal or Complaint may be filed before the Central/ State Information Commission within 90 days.

•       No time frame fixed for disposal of second appeal at Commission’s level.

 

Address of CIC: Central Information Commission Bhawan, Baba Gang Nath Marg, Munirka, New Delhi, 110067.

 

Penalty: the Information Commissions are empowered to impose penalty @ Rs. 250/- for each day of delay subject to a maximum of Rs. 25,000/-.per application. Penalty goes to government account.

 

Compensation Provisions: Commission is empowered to grant compensation for economic loss suffered by applicants due to non-provision of information.

Location: India

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