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| 9. |
Who
is excluded? |
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Central
Intelligence and Security agencies specified in the Second Schedule
like IB, R&AW, Directorate of Revenue Intelligence, Central
Economic Intelligence Bureau, Directorate of Enforcement, Narcotics
Control Bureau, Aviation Research Centre, Special Frontier Force,
BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau,
Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB,
Dadra and Nagar Haveli and Special Branch, Lakshadweep Police.
Agencies specified by the State Governments through a Notification
will also be excluded. The exclusion, however, is not absolute and
these organizations have an obligation to provide information
pertaining to allegations of corruption and human rights violations.
Further, information relating to allegations of human rights
valuations could be given but only with the approval of the Central
or State Information Commission, as the case may be. [S.24)]
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| 10. |
Who
are 'Third Parties'? |
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A
third party means a person other than the citizen making a request
for information and includes a public authority. Third parties have
a right to be heard in respect of applications and appeals dealing
with information submitted by them to the Government in confidence.
[S.2(n) and S.11] |
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| 11. |
Who
are Public Information Officers (PIOs)? |
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PIOs
are officers designated by the public authorities in all
administrative units or offices under it to provide information to
the citizens requesting for information under the Act. Any officer,
whose assistance has been sought by the PIO for the proper discharge
of his or her duties, shall render all assistance and for the
purpose of contraventions of the provisions of this Act, such other
officer shall be treated as a PIO. |
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| 12. |
What
are the duties of a PIO? |
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- PIO shall
deal with requests from persons seeking information and where
the request cannot be made in writing, to render reasonable
assistance to the person to reduce the same in writing.
- If the
information requested for is held by or its subject matter is
closely connected with the function of another public authority,
the PIO shall transfer, within 5 days, the request to that other
public authority and inform the applicant immediately.
- PIO may
seek the assistance of any other officer for the proper
discharge of his/her duties.
- PIO, on
receipt of a request, shall as expeditiously as possible, and in
any case within 30 days of the receipt of the request, either
provide the information on payment of such fee as may be
prescribed or reject the request for any of the reasons
specified in S.8 or S.9.
- Where the
information requested for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of
the receipt of the request.
- If the PIO
fails to give decision on the request within the period
specified, he shall be deemed to have refused the request.
- Where a
request has been rejected, the PIO shall communicate to the
requester - (i) the reasons for such rejection, (ii) the period
within which an appeal against such rejection may be preferred,
and (iii) the particulars of the Appellate Authority.
- PIO shall
provide information in the form in which it is sought unless it
would disproportionately divert the resources of the Public
Authority or would be detrimental to the safety or preservation
of the record in question.
- If allowing
partial access, the PIO shall give a notice to the applicant,
informing:
-
that
only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being
provided;
-
the
reasons for the decision, including any findings on any material
question of fact, referring to the material on which those
findings were based;
-
the
name and designation of the person giving the decision;
-
the
details of the fees calculated by him or her and the amount of
fee which the applicant is required to deposit; and
-
his
or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee
charged or the form of access provided.
-
If
information sought has been supplied by third party or is
treated as confidential by that third party, the PIO shall give
a written notice to the third party within 5 days from the
receipt of the request and take its representation into
consideration.
-
Third
party must be given a chance to make a representation before the
PIO within 10 days from the date of receipt of such notice.
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| 13. |
What
is the Application Procedure for requesting information? |
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- Apply in writing or through
electronic means in English or Hindi or in the official language
of the area, to the PIO, specifying the particulars of the
information sought for.
- Reason for seeking
information are not required to be given;
- Pay fees as may be
prescribed (if not belonging to the below poverty line
category).
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| 14. |
What
is the time limit to get the information? |
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- 30 days
from the date of application
- 48 hours
for information concerning the life and liberty of a person
- 5 days
shall be added to the above response time, in case the
application for information is given to Assistant Public
Information Officer.
- If the
interests of a third party are involved then time limit will be
40 days (maximum period + time given to the party to make
representation).
- Failure to
provide information within the specified period is a deemed
refusal.
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| 15. |
What
is the fee? |
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- Application
fees to be prescribed which must be reasonable.
- If further
fees are required, then the same must be intimated in writing
with calculation details of how the figure was arrived at;
- Applicant
can seek review of the decision on fees charged by the PIO by
applying to the appropriate Appellate Authority;
- No fees
will be charged from people living below the poverty line
- Applicant must be provided information free of cost if the PIO
fails to comply with the prescribed time limit.
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| 16. |
What
could be the ground for rejection? |
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- If it is covered by exemption from disclosure. (S.8)
- If it infringes copyright of any person other than the State.
(S.9)
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| 17. |
Who
are the Appellate Authorities? |
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- First
Appeal: First appeal to the officer senior in rank to the PIO in
the concerned Public Authority within 30 days from the expiry of
the prescribed time limit or from the receipt of the decision
(delay may be condoned by the Appellate Authority if sufficient
cause is shown).
- Second
Appeal: Second appeal to the Central Information Commission or
the State Information Commission as the case may be, within 90
days of the date on which the decision was given or should have
been made by the First Appellate Authority. (delay may be
condoned by the Commission if sufficient cause is shown).
- Third Party
appeal against PIO's decision must be filed within 30 days
before first Appellate Authority; and, within 90 days of the
decision on the first appeal, before the appropriate Information
Commission which is the second appellate authority.
- Burden of
proving that denial of Information was justified lies with the
PIO.
- First
Appeal shall be disposed of within 30 days from the date of its
receipt. Period extendable by 15 days if necessary. (S.19)
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| 18. |
How
is Central Information Commission constituted? |
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- Central
Information Commission to be constituted by the Central
Government through a Gazette Notification.
- Commission
includes 1 Chief Information Commissioner (CIC) and not more
than 10 Information Commissioners (IC) who will be appointed by
the President of India.
- Oath of
Office will be administered by the President of India according
to the form set out in the First Schedule.
- Commission
shall have its Headquarters in Delhi. Other offices may be
established in other parts of the country with the approval of
the Central Government.
- Commission
will exercise its powers without being subjected to directions
by any other authority. (S.12)
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| 19. |
What
is the eligibility criteria and what is the process of appointment
of CIC/IC? |
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- Candidates
for CIC/IC must be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration
and governance.
- CIC/IC
shall not be a Member of Parliament or Member of the Legislature
of any State or Union Territory. He shall not hold any other
office of profit or connected with any political party or
carrying on any business or pursuing any profession. (S.12)
- Appointment
Committee includes Prime Minister (Chair), Leader of the
Opposition in the Lok Sabha and one Union Cabinet Minister to be
nominated by the Prime Minister.
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| 20. |
What
is the term of office and other service conditions of CIC? |
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- CIC shall
be appointed for a term of 5 years from date on which he enters
upon his office or till he attains the age of 65 years,
whichever is earlier.
- CIC is not
eligible for reappointment.
- Salary will
be the same as that of the Chief Election Commissioner. This
will not be varied to the disadvantage of the CIC during
service. (S.13)
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| 21. |
What
is the term of office and other service conditions of IC? |
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- IC shall
hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five
years, whichever is earlier and shall not be eligible for
reappointment as IC.
- Salary will
be the same as that of the Election Commissioner. This will not
be varied to the disadvantage of the IC during service.
- IC is
eligible for appointment as CIC but will not hold office for
more than a total of five years including his/her term as IC.
(S.13)
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| 22. |
How
is the State Information Commission constituted? |
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- The State
Information Commission will be constituted by the State
Government through a Gazette notification. It will have one
State Chief Information Commissioner (SCIC) and not more than 10
State Information Commissioners (SIC) to be appointed by the
Governor.
- Oath of
office will be administered by the Governor according to the
form set out in the First Schedule.
- The
headquarters of the State Information Commission shall be at
such place as the State Government may specify. Other offices
may be established in other parts of the State with the approval
of the State Government.
- The
Commission will exercise its powers without being subjected to
any other authority.
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| 23. |
What
is the eligibility criterion and what is the process of appointment
of State Chief Information Commissioner/State Information
Commissioners? |
|
The
Appointments Committee will be headed by the Chief Minister. Other
members include the Leader of the Opposition in the Legislative
Assembly and one Cabinet Minister nominated by the Chief Minister.
The
qualifications for appointment as SCIC/SIC shall be the same as that
for Central Commissioners.
The salary of
the State Chief Information Commissioner will be the same as that of
an Election Commissioner. The salary of the State Information
Commissioner will be the same as that of the Chief Secretary of the
State Government. (S.15)
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| 24. |
What
are the powers and functions of Information Commissions? |
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- The Central
Information Commission/State Information Commission has a duty
to receive complaints from any person -
| a) |
who
has not been able to submit an information request
because a PIO has not been appointed ; |
| b) |
who
has been refused information that was requested; |
| c) |
who
has received no response to his/her information
request within the specified time limits ; |
| d) |
who
thinks the fees charged are unreasonable ; |
| e) |
who
thinks information given is incomplete or false or
misleading ;and |
| f) |
any
other matter relating to obtaining information under
this law. |
- Power to
order inquiry if there are reasonable grounds.
- CIC/SCIC
will have powers of Civil Court such as -
| a) |
summoning
and enforcing attendance of persons, compelling them
to give oral or written evidence on oath and to
produce documents or things; |
| b) |
requiring
the discovery and inspection of documents; |
| c) |
receiving
evidence on affidavit ; |
| d) |
requisitioning
public records or copies from any court or office |
| e) |
issuing
summons for examination of witnesses or documents |
| f) |
any
other matter which may be prescribed. |
- All records
covered by this law (including those covered by exemptions) must
be given to CIC/SCIC during inquiry for examination.
- Power to
secure compliance of its decisions from the Public Authority
includes-
| a) |
providing
access to information in a particular form; |
| b) |
directing
the public authority to appoint a PIO/APIO where none
exists; |
| c) |
publishing
information or categories of information; |
| d) |
making
necessary changes to the practices relating to
management, maintenance and destruction of records ; |
| e) |
enhancing
training provision for officials on RTI; |
| f) |
seeking
an annual report from the public authority on
compliance with this law; |
| g) |
require
it to compensate for any loss or other detriment
suffered by the applicant ; |
| h) |
impose
penalties under this law; or |
| i) |
reject
the application. (S.18 and S.19) |
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| 25. |
What
is the reporting procedure? |
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- Central
Information Commission will send an annual report to the Central
Government on the implementation of the provisions of this law
at the end of the year. The State Information Commission will
send a report to the State Government .
- Each
Ministry has a duty to compile reports from its Public
Authorities and send them to the Central Information Commission
or State Information Commission, as the case may be.
- Each report
will contain details of number of requests received by each
Public Authority, number of rejections and appeals, particulars
of any disciplinary action taken, amount of fees and charges
collected etc.
- Central
Government will table the Central Information Commission report
before Parliament after the end of each year. The concerned
State Government will table the report of the State Information
Commission before the Vidhan Sabha (and the Vidhan Parishad
wherever applicable). (S.25)
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| 26. |
What
are the penalty provisions? |
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Every
PIO will be liable for fine of Rs. 250 per day, up to a maximum of
Rs. 25,000/-, for -
- not
accepting an application;
- delaying
information release without reasonable cause;
- malafidely
denying information;
- knowingly
giving incomplete, incorrect, misleading information;
- destroying
information that has been requested and
- obstructing
furnishing of information in any manner.
The Information
Commission (IC) at the Centre and the State levels will have the
power to impose this penalty. The Information Commission can also
recommend disciplinary action for violation of the law against an
erring PIO. (S.20) |
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| 27. |
What
is the jurisdiction of courts? |
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Lower
Courts are barred from entertaining suits or applications against
any order made under this Act. (S.23) However, the writ jurisdiction
of the Supreme Court and High Courts under Articles 32 and 225 of
the Constitution remains unaffected. |
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| 28. |
What
is the role of Central/State Governments? |
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- Develop
educational programmes for the public especially disadvantaged
communities on RTI.
- Encourage
Public Authorities to participate in the development and
organization of such programmes.
- Promote
timely dissemination of accurate information to the public.
- Train
officers and develop training materials.
- Compile and
disseminate a User Guide for the public in the respective
official language.
- Publish
names, designation postal addresses and contact details of PIOs
and other information such as notices regarding fees to be paid,
remedies available in law if request is rejected etc. (S.26)
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| 29. |
Who
has the Rule making power? |
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Central
Government, State Governments and the Competent Authority as defined
in S.2(e) are vested with powers to make rules to carry out the
provisions of the Right to Information Act, 2005. (S.27 & S.28) |
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| 30. |
Who
has the power to deal with the difficulties while implementing this
act? |
|
If
any difficulty arises in giving effect to the provisions in the Act,
the Central Government may, by Order published in the Official
Gazette, make provisions necessary/expedient for removing the
difficulty. (S.30) |
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