The Right to Information Act, 2005
Proposal
The implementation of the Right to Information Act – 2005 has brought better control over the government / semi-government institutions. Also, due to this act, information about how government work is being done, how various government welfare schemes are being implemented, and the stages / processes at various levels will be open to all the general public. Also, as the government’s affairs become transparent, the doubts in the minds of the public will decrease. Also, delays in paperwork and corruption will automatically be curbed.
This right includes the following:
1. Inspection of work, documents, records.
2. Obtaining certified copies of documents or records and taking notes on them.
3. Obtaining certified copies of literature.
4. Obtaining information in the form of printouts, CDs, floppy disks, tapes, video records or any other.
5. Obtaining through electronic media.
What form of information can be obtained under this law?
• Right to Information means information held by any government, semi-government, aided office or under its control and obtainable under this rule. It is the right of every citizen to know the necessary information and obtain its documents and it is a fundamental right. This right has been given to everyone in the year 2005.
• By exercising this right, one can get information about the works going on in the area. For example, the name of the office, address, telephone number, office hours, names of public information officers, working method of the office, objectives, information available in the office, various application forms, names of employees and other information, available funds, list of beneficiaries, information about schemes, expenditure incurred on schemes or beneficiaries, circulars, available publications and their cost, salary of employees, budget.
Who is a Public Information Officer?
These officers are appointed by the public authorities in all administrative departments or offices. They are responsible for providing the citizens with the necessary information they require. If they take the help of an assistant for this work, then such a person is also treated as a Public Information Officer.
Who can’t get information from?
• Information cannot be sought under this Act from any sector sensitive to national security, individual, private company, unlisted institution, private electricity supplier company, etc. Also, any information which is likely to endanger the sovereignty and integrity, security, scientific or economic affairs, foreign relations, etc. of India or which may encourage any crime.
• Information which has been refused to be published by any court or which would be in contempt of court, information which, if disclosed, would prejudice the independence of Parliament or the legislature.
• Information which, if disclosed, would prejudice the competitive position of a third party, including commercial confidentiality, trade secrets or intellectual property. That is, if the opposing party does not object to the disclosure of such information, this information can be disclosed.
• Information obtained from a person’s trusted connections. However, this information can be disclosed if the opposing party does not object to the disclosure of the information.
• Information obtained from a foreign government. Information which, if disclosed, may endanger the life of a person or which may reveal the name of a person who is secretly assisting in the enforcement of a law or information which is for security reasons. Information which may hinder the investigation or the action against the accused.
• Details of discussions between the Cabinet, the Secretary and other officers and other cabinet documents.
• Information which has no connection with social work or public interest, such as personal information or any information which, if disclosed, may violate the privacy of a person or invade his private life.
• However, such information may be disclosed if the inconvenience caused to the person or party in an incident is less important than the public interest.
How to apply?
1. An application should be submitted to the Public Information Officer in English, Hindi or the official language of the state in writing or electronically, giving details of the information sought.
2. It is not mandatory for the applicant to explain the reason for seeking information
3. The prescribed fee should be paid
4. Is there any cost for obtaining information?
5. Yes, the cost of documents for information is as follows
6. However, if the applicant is below the poverty line, there is no cost
o Description of the document:- Cost
o Xerox of various documents:- Rs. 2 per page
o CD or floppy of necessary information:- Rs. 50 each
o If the documents are to be viewed in the office, there is no cost for the first hour.
o If the time for viewing is more than one hour:- Rs. 5 for each hour
o If the required information is required by post:- Postage charges have to be paid.
The applicant can appeal to the appropriate committee to re-examine this fee. If the Public Information Officer fails to provide the information within the stipulated time, he is bound to provide that information to the applicant free of cost.
How can an applicant appeal?
• If the information sought by the applicant is incomplete, incorrect, misleading or if the information is denied, the applicant can appeal against the Public Information Officer to the Appellate Officer. This appeal can be made within 30 days. This Appellate Officer is more experienced than the Public Information Officer and is knowledgeable about all aspects of the work. He should use his experience and authority impartially.
• While submitting the application for appeal, a court stamp of Rs. 20 should be affixed on the paper.
• The name, address, details of the Public Information Officer should be given on the application. The expected information should be mentioned in it. The overall nature of the complaint/reason for the appeal should be clearly written. Finally, the application should be signed and submitted. Acknowledgement of the application should be taken.
• After filing an appeal with the Appellate Officer, information can be obtained within 45 days from the date of application.
How to make a second appeal?
• If the applicant does not receive the information sought by the appellate officer or if it is incorrect, incomplete or not satisfactory, the applicant can file a second appeal with the State Information Commissioner within 90 days.
• While submitting the application for appeal, a court stamp of Rs. 20 should be affixed on the paper. The name, address, details of the Public Information Officer should be given on the application. It should mention which expected information was not received. The overall nature of the complaint/reason for appeal should be clearly written. Finally, the application should be signed and submitted. Acknowledgement of the application should be taken.
Sample application for obtaining information under the Right to Information Act, 2005
To get information: Addendum- A Form A (PDF, 0.027 MB)
First appeal application: Addendum- B Form B (PDF, 0.025 MB)
Second appeal application : Addendum- C Form C (PDF, 0.022 MB)
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