Sunday, August 16, 2009

RIGHT TO INFORMATION ACT 2005

The law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005 .The law gives right to the citizen of india to question any central or state body(EXCLUDING JAMMU AND KASHMIR) ,also it covers private sector ,judiciary and bureaucracy . But there are certain organisations within them ,whose information is vital for country or for that particular organisation and can't be disclosed by the law.Previous to this , the information disclosure was hitherto restricted by the Official Secrets Act 1923
Freedom of Information Act
The first attempt to draft a national-level bill was done in 2000 under H D SHOURIE.But due to strong criticism of the bill, it never came into force.
STATE LEVEL LAW
Besides this law many states has their own law for right to information .In case of conflict , national law supersedes the state one .
STATES HAVING THEIR OWN LAW
Tamil Nadu (1997),Goa (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya Pradesh (2003), Assam (2002) and Jammu and Kashmir (2004). The Delhi RTI Act is still in force. Jammu & Kashmir, has its own Right to Information Act of 2009.
TIME LIMITS
If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
If the request has been made to an APIO, the reply is to be given within 35 days of receipt.
If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission.
However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours
Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed.
If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge.
FEES AND PROCESS
Fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for each hour of inspection after the first hour. If the applicant is a Below Poverty Card holder, then no fee shall apply. Such BPL Card holders have to provide a copy of their BPL card along with their application to the Public Authority.Under the Act, all authorities covered must appoint their Public Information Officer (PIO). A person have to submit a request to the PIO for information in writing. It is the PIO's obligation to provide information under the Act. If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The citizen making the request is not obliged to disclose any information except his name and contact particulars.

3 comments:

  1. i want to know what are the facilities available under DGHCin Darjeeling.?

    ReplyDelete
  2. does this law provides information on national security systems

    ReplyDelete
  3. is the law applicable over those who have immunity or constitutional cover over them

    ReplyDelete