Features of RTI
ACT 2005
·
Replaced Freedom of Information Act 2002.
·
Jammu and Kashmir has separate Right To
Information Act – RTI 2009.
·
RTI relaxes restrictions placed by Official
Secrets Act 1923. Sec
22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing
Acts including Officials Secrets Act.
·
31
sections and 6 chapters in the act.
·
Section 8
deals with information exempted under the purview of this act. If the sought
information is in public interest then the exemptions enumerated in Section 8
of the RTI Act, 2005 can also be disclosed.
Information means
- Any material in any form
including records, documents, memos, E-Mails, Opinions, advices, press
releases, circulars, orders, logbooks, contracts, reports, papers,
samples, models, data, material etc.,
- In any electronic form and
information relating to any private body which can be accessed by a public
authority under any other law for the time being in force.
Record Means
- any document, manuscript on
file
- any microfiche and facsimile
copy of a document.
- any reproduction of image or
images embodied in such micro film whether enlarged or not
- any other material produced
by a computer or any other device
- File notings are
an integral part of the government file and are subject to disclosure
under the Act.
Who is a public authority?
Any authority or body or
institution of self-government established or constituted
- by or under the
Constitution.
- by any other law made by
parliament
- by any other law made by
State Legislature.
- by notification issued or
order made by the Government , and includes any
- Body owned , controlled or
substantially financed
- Non-Government organization
substantially funded directly or indirectly by the Government
- All private
bodies, which are owned, controlled or substantially financed by the
Government are directly covered.
Applicant
Any person seeking information should file an application
in writing or through electronic means in English or Hindi (or in the official
language of the area) along with the application fees with the PIO/APIO
(section 6(1)).
Besides the applicant’s contact details, the applicant is
not required to either give any reasons for requesting the information or any
other personal details (section 6(2)).
A reasonable application fee (Rs 10/- as
prescribed by the Central Government, whereas in other states the fee amount
may vary.
No form has been prescribed for filing RTI application or 1st Appeal.
Flow of Information
In each
department, at least one officer has been designated as a public information
officer (PIOs). He/She accepts the request forms and provides information
sought by the people (section 5(1)).
·
3 Levels – Public Information Officer, First
Appellate Authority, Central Information Commission(CIC).
·
Time period for Public Information Officer :
Expeditiously or within 30 days from the date of receipt by
public authority.
·
If
a PIO fails to furnish the information asked for under the Act or fails to
communicate the rejection order, within the time specified, the PIO will be
liable to pay a penalty of Rs 250 per day for each day of delay, subject to a
maximum of Rs 25,000 (section 20(1)). The information commission can also
recommend disciplinary action against the concerned PIO, under the service
rules applicable to him/her (section 20(2)).
·
If
the PIO feels that the sought information does not pertain to his department
then it shall be his responsibility to forward the application to the
related/relevant department within 5 days and also inform the applicant about
the same. In such instance, the stipulated time limit for provision of
information would be 35 days (u/s 6(3)).
·
Maximum
time gap for 1st appeal : 30 days since limit of supply of information is
expired.
In
case a person fails to get a response from the PIO within the prescribed period
or is aggrieved by the response received, or misuses Section 8 of the Act, then
he/she canfile an appeal within 30 days with an officer superior in rank to the
PIO( first appellate authority) (section 19(1)).
·
Time period for Appellate Authority : Within 30
days or in exceptional cases 45 days from the date of receipt by
public authority.
·
If
the appellant is not happy with the 1st appeal then he/she can file a 2nd
appeal with the State Information Commission or the Central Information
Commission within 60 days (u/s 19(3).
·
Maximum
time gap for 2nd appeal : 90 days since limit of supply of information is
expired.
