12 March 2012

RIGHT TO INFORMATION ACT 2005 [ TO GET THE ANY INFORMATION(RECRUITMENT,CONSTRUCTIONS ,LAND,.....) FROM GOVERNMENT



 Right to Information (RTI) Act

The Right to Information Act is an act to provide for setting out the practical regime of right to information for citizens 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, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The Government of India enacted the RTI Act 2005(External website that opens in a new window), which came into effect on 12th October 2005.
Information means any material in any form including records, documents, memos, e-mails, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any form, be it electronic or manual. Information relating to any private body can be accessed by a public authority under any other law for the time being in force but does not include "file noting".
Right to Information involves:
  • Inspection of works, documents, Record.
  • Taking extracts or certified copies of documents or records.
  • Taking certified samples of material.
  • Obtaining information in form of printouts, diskettes, floppies, tapes, and videocassettes or in any other electronic mode or through printouts.
RTI Portal Gateway to the citizens for Quick search of information, web published by various departments in Government. That aims to help the citizens in effective searching of information by the various government Ministries/Departments and states. The Government of India has launched the Right to Information Portal(External website that opens in a new window), which provides an opportunity for citizens to exercise their right to information on any Government information and/or its undertakings.

IMPORTANT LINKS


About Right to Information


 1. 
When does it come into force?
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).
Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]
What does information mean?
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 held 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 but does not include "file notings". [S.2(f)].
What does Right to Information mean?
It includes the right to -
                 i.inspect works, documents, records.
                ii.take notes, extracts or certified copies of documents or records.
               iii.take certified samples of material.
              iv.obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]

Procedure for Request of Information




What is the Application Procedure for requesting information?
1.               Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
2.               Reason for seeking information are not required to be given;
3.               Pay fees as may be prescribed (if not belonging to the below poverty line category).
What is the time limit to get the information?
1.               30 days from the date of application
2.               48 hours for information concerning the life or liberty of a person
3.               5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.  
4.               If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).  
5.               Failure to provide information within the specified period is a deemed refusal.
What is the fee?
1.               Application fees to be prescribed which must be reasonable.
2.               If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3.               Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4.               No fees will be charged from people living below the poverty line
5.               Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
What could be the ground for rejection?
1.               If it is covered by exemption from disclosure. (S.8)
2.               If it infringes copyright of any person other than the State. (S.9)

Role of the Governments


What is the role of Central/State Governments?
1.               Develop educational programmes for the public especially disadvantaged communities on RTI. 
2.               Encourage Public Authorities to participate in the development and organization of such programmes. 
3.               Promote timely dissemination of accurate information to the public.
4.               Train officers and develop training materials.
5.               Compile and disseminate a User Guide for the public in the respective official language.
6.               Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc. (S.26)
Who has the Rule making power?
Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
Who has the power to deal with the difficulties while implementing this act?
If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)





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