Thursday, October 22, 2009

Right To Information Act !

       In the year 2005 Indian Government introduce Right to Information (RTI) Act which is basically an instrument by the government to Indian public to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. Barring Jammu and Kashmir state RTI Act implemented in all the states and Union Territories of India. Right to Information means right to Information accessible under this Act which is held by or under the control of any public authority and includes the right to-
  • Inspection of work, documents, records.
  • Taking notes, extracts or certified copies of documents or records .
  • Taking certified samples of material.
  • Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or any other device.
How to obtain Information - 6 (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed to -
  • The Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority.
  • The Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
  • An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
     Where an application is made to a public authority requesting for an information -
  • which is held by another public authority
  • the subject matter of which is more closely connected with the functions of another public authority
     The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer, Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
     If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request. The Act requires that except in some special circumstances, decision on an application for information should be given within 30 days of the receipt of the request. Where the information sought for concerns the life or liberty of a person, the same should be provided within 48 hours of the receipt of the request. If the decision on the request for information is not given within the prescribed period, it is deemed that the request has
been refused. It is pertinent to note that if a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.
Appeal- 19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
     According to the Right to Information (Regulation of Fee and Cost)Rules, 2005 as amended by the Right to Information (Regulation of Fee and Cost) Rules, 2006, an applicant can make payment of fee in cash or by demand draft or banker's cheque or Indian Postal Order payable to the Accounts Officer of the public authority. The public authority should ensure that payment by any of the above modes is not denied or the
applicant is not compelled to draft or IPO etc. in the name of any officer other than the accounts officer. If any public authority does not have any Accounts Officer, an officer may be designated as such for the purpose of receiving fee under the RTI Act or rules made there under.
    To get help online or information relating to right to information act one can right click to the below coded link
             http://www.righttoinformation.gov.in/
   It is a very effective and transparent act for the common people to access any government department and they are bound to provide desire information under stipulated time otherwise concerned are entitle for fine.

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WELCOME n Thanx for yourgoodself's valuable thoughts, certainly for me these words are Gem and will give me direction.........Nartan Gulal