The Right to Information Act, 2005 (15th June, 2005)

ØIt is expedient for a public authority to provide certain information to the citizens who desire to have it.

ØObligation for public authority

  

Objectives:

lTo ensure greater and more effective access to information under the control of public authorities

 lTo promote transparency and accountability in working of public institutions/organizations

  

What does it include?

 

lStatutory provisions made for right to information

lPublic Authority is under the obligation to provide information within 30 days form the date of request in normal cases or within 48 hours  if information is a matter of life or liberty of a person

 What does RIGHT TO INFORMATION mean?

The right to

lInspection of  work, document records

lTaking notes, extracts, or certified copies of documents or records;

lTaking certified samples of material;

What does INFORMATION  mean?

It means any material in any form including

lrecords

ldocuments

lmemos

le-mails

lopinions

ladvices

lpress releases

                                                                                                                       

  

RECORD means

nAny document manuscript and file

nAny microfilm, microfiche and facsimile copy of a document

nAny reproduction of image embodied in such microfilm

nAny other material produced  by a computer or any other device

Institutional setup

1.                                                                                                                                                                                                                                   LEVEL 1

l          Individual Institution/ Organization / Department/ office/ Establishment will have

l         Public Information officer PIO (designated)

lAssistant PIO (designated)

PIO/APIO may seek the assistance of ANY OTHER OFFICER  and  this officer for the purpose of contravention of the provisions of this act shall be treated as a PIO/APIO
·        Appellant Authority

          2.      LEVEL 2   At state Government Level will have     The State Information Commission  The State Chief Information Commissioner  State Information Commissioners ( not  exceeding 10) 

       3.      LEVEL 3    At Central Government Level will have   The Central Information Commission   The Chief Information Commissioner     Central Information Commissioners ( <  10 )   Making Request !

TO WHOM?

PIO

APIO

How  to REQUEST ?

                                                                                                                       

lin writing or through electronic means

lin English or Hindi or official language

lAccompanying fees ( prescribed)

FREE FOR BPL

                                                                                                                     

  DISPOSAL of Request !

l Register the request

l Acknowledge the receipt of FEES( BPL no)

Information with another Authority – transfer it immediately ( within 5 days, with intimation)

  

REJECTION ?

lIf decision is not given in writing within 30 days ----- DEEMED TO HAVE REFUSED

Communicate  in WRITING

Reasons for rejection

The period of appeal

The particulars of appellate authority

EXEMPTION from disclosure

lInformation affecting:

Ø  Sovereignty  and integrity of INDIA

ØThe Security

ØThe strategic scientific or economic interests of the state

ØForeign Relations

ØLeading to incitement of offences

ØInformation forbidden to be published by any court of law / constituting contempt of court

§If public  interest  in  disclosure  outweighs the harm to the protected interest

§ the information which cannot  be denied to the Parliament or State Legislature  hall not be denied to  any personSeverability/ Part Information

lSevere from any part that contains exempt information

lIf access is given to the part of  Record

  

Third Party Information

lMeans a person other than the citizen making the request and includes A PUBLIC AUTHORITY

lInformation which

relates to    or supplied by  a 3rd party andtreated as confidential by 3rd party

   

Appeal

lAny person who

ldoes not receive the decision within 30 days or

laggrieved by a decision

lMay prefer Appeal with

lOfficer Senior in rank to PIO

lWithin 30 days form ( condonation  allowed) the receipt to decision


Penalities

lFor what ?

Refusal to receive the request

Information not given

Malafidely  denied the request

Knowingly given the incorrect, incomplete or misleading information

Destroying information which was the subject of request

Obstruction in any manner in  furnishing the information

  

Bar of jurisdiction of courts

lNo jurisdiction of civil courts

Monitoring and Reporting

lCIC/SIC will make annual report of its implementation and report to the GOVT

l    Each public authority shall provide such information to SIC/CIC

lREPORT of

Number of such requests

No. of decisions

No. of appeals referred to CIC/SIC, nature and out come of the appeals

Particulars of any disciplinary actions taken against any offices

Included are!

lThe houses of Parliament

lThe State Legislature

lThe Supreme Court

lThe High Court and all other courts

lConstitutional Authorities like EC, CAG, UPSC

lInstitutions of Self Government

Organizations/ Institutions Excluded

Central Intelligence and Security Agencies

IB , RAW

Directorate of Revenue Intelligence

Dir. Enforcement

Narcotics Control Bureau

Aviation research Center

Special Frontiers Force

All others mentioned in Schedule II

Exemptions not applicable

lInformation to legislature

lIf public interest in disclosure outweighs the harm to the protected interest

lOccurrences, events after 20 years except

Security

Contempt of court

Cabinet

 

Points to Remember!

lIt comes into force on the 12th October, 2005

lSome provisions have already come in to force viz.

Obligations of the public authorities

Designations of PIOs / APIOS/ by 28th, Sep 2005

Constitution  of CIC and State Info. Comm.

Non applicability of act to Intelligence and Security Agencies

Power to make rules

 

 

Obligations of Public Authorities

 

lTo maintain and catalogue all the record  or computerize the record and connect through network

lTo publish within 120 days ( form 15.6.2005)

Particulars of organizations, functions, duties

All the relevant information pertaining to the organization ( as stated in sec 4)

lDisseminate information easily accessible to the public