- Right to Information
Introduction
- It is a law of citizen empowerment and Under this law, every citizen of India can demand information.
- Before this law, there was no method or mechanism to use the right to information and this law provides the complete mechanism
- This law was enacted on 12th Oct. 2005 and this day is celebrated as “Information Day”
Meaning of information:-
The following are included in the information.
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Any document or record. |
Right to information :-
The following are included in this right:-
| Examining any file or document. ↓ Extracting notes during examination ↓ Obtaining certified copies. ↓ Obtaining certified samples of material being used in govt. works ↓ Obtaining electronic/soft copy or printout of electronic information. |
Process of Application:-
The RTI application must be in writing.
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If the applicant is unable to write then be can verbally demand the information from the information officer and the information officer shall arrange to write his information.
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A frees of Rs.10 is payable with application.
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There are no fees for BPL families.
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The reason for obtaining information is not required.
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The personal information of the applicant can not be asked.
Public Authority:-
- Institutions est. under a special act of parliament.
- Institutions est. under a special act of state legislative assembly.
- Institutions financed by govt.
- Intuitions est. under the constitution.
- Institutions full or owned by the government.
- Under RTI information about public authority can be obtained.
Duties of Public Authority :-
- To provide maximum information to the public at own motion so that the requirement of RTI become minimal.
- Public authority shall arrange the information in systematic way so that immediate information can be provided on requirement basis.
- To appoint an officer as information officer.
- To appoint officer senior to him as appeal officers.
Disposal of RTI Application:-
1. To provide information
2. Rejection of application
3. Transfer of application
- It the application is rejected then a reply in writing is required to the applicant.
- The reason of rejection shall be informed.
- It the applicant is not satisfied with the rejection then he may file an appeal.
- Therefore name of the appeal officer and the time for filing the appeal shall be informed.
- It the information demanded doesn’t pertain to receiving officer then he shall transfer the application to respective department within 5 days & shall inform the applicant in this regard.
The time limit for providing information:-
- Generally, the information must be given within 30 days but if information is related to someone’s life then it must be provided in 48 hours.
- If information is related to a third party then the additional time of 10 days is permissible.
- If the application is received through a transfer then additional time of 5 days is allowed.
Third-Party:-
If the information is requested by any person other than a citizen then they will be considered as 3rd party.
or If information about another person or organization is requested from public authority then such person or organization is also treated as 3rd party. But the public authority must have the right to obtain the information under any law.
The following information can not be asked:-
- Information affecting the sovereignty, integrity, and security of India.
- Information prohibited under any law or by the court.
- Information obtained from foreign countries under trust.
- Information infringing privilege of parliament or state assembly.
- Documents of cabinet.
- Information results in infringement of copyright
- Information covered by the official secrecy act.
- Information affecting trade competitiveness of business entity.
Appeal:-
The following may be reasons for appeal
a. Not providing information.
b. Delayed information
c. Misleading information
d. Rejection of application
e. Inappropriate charges for application.
Penalty :
A penalty at the rate of Rs. 250 per day can be imposed however maximum penalty cannot exceed 25000