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1. |
When does it
come into force? |
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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). |
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2. |
Who is
covered? |
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The Act extends to the
whole of India except the State of Jammu and Kashmir. [S.(12)] |
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3. |
What does
information mean? |
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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)]. |
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4. |
What does
Right to Information mean? |
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It includes
the right to -
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inspect works, documents, records.
- take
notes, extracts or certified copies of documents or records.
- take
certified samples of material.
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obtain information in form of printouts, diskettes,
floppies, tapes, video cassettes or in any other electronic
mode or through printouts.[S.2(j)]
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5. |
What are the
obligations of public authority? |
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It shall
publish within one hundred and twenty days of the enactment:-
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the
particulars of its organization, functions and duties;
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the
powers and duties of its officers and employees;
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the
procedure followed in its decision making process, including
channels of supervision and accountability;
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the norms
set by it for the discharge of its functions;
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the
rules, regulations, instructions, manuals and records used
by its employees for discharging its functions;
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a
statement of the categories of the documents held by it or
under its control;
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the
particulars of any arrangement that exists for consultation
with, or representation by the members of the public, in
relation to the formulation of policy or implementation
thereof;
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a
statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted by it.
Additionally, information as to whether the meetings of
these are open to the public, or the minutes' of such
meetings are accessible to the public;
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a
directory of its officers and employees;
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the
monthly remuneration received by each of its officers and
employees, including the system of compensation as provided
in its regulations;
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the
budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports
on disbursements made;
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the
manner of execution of subsidy programmes, including the
amounts allocated and the details and beneficiaries of such
programmes;
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particulars of recipients of concessions, permits or
authorizations granted by it;
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details
of the information available to, or held by it, reduced in
an electronic form;
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the
particulars of facilities available to citizens for
obtaining information, including the working hours of a
library or reading room, if maintained for public use;
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the
names, designations and other particulars of the Public
Information Officers.[S.4(1)(b)]
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6. |
What is not
open to disclosure? |
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The following
is exempt from disclosure [S.8)]
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information, disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security,
strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an
offence
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information which has been expressly forbidden to be
published by any court of law or tribunal or the disclosure
of which may constitute contempt of court;
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information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature;
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information including commercial confidence, trade secrets
or intellectual property, the disclosure of which would harm
the competitive position of a third party, unless the
competent authority is satisfied that larger public interest
warrants the disclosure of such information;
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information available to a person in his fiduciary
relationship, unless the competent authority is satisfied
that the larger public interest warrants the disclosure of
such information;
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information received in confidence from foreign Government;
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information, the disclosure of which would endanger the life
or physical safety of any person or identify the source of
information or assistance given in confidence for law
enforcement or security purposes;
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information which would impede the process of investigation
or apprehension or prosecution of offenders;
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cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers;
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information which relates to personal information the
disclosure of which has no relationship to any public
activity or interest, or which would cause unwarranted
invasion of the privacy of the individual;
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Notwithstanding any of the exemptions listed above, a public
authority may allow access to information, if public
interest in disclosure outweighs the harm to the protected
interests.
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7. |
Is partial
disclosure allowed? |
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Only that
part of the record which does not contain any information which
is exempt from disclosure and which can reasonably be severed
from any part that contains exempt information, may be provided.
[S.10] |
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8. |
What does a
"public authority" mean? |
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It means any
authority or body or institution of self-government established
or constituted: [S.2(h)]
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by or
under the Constitution;
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by any
other law made by Parliament;
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by any
other law made by State Legislature;
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by
notification issued or order made by the appropriate
Government.and includes any-
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body
owned, controlled or substantially financed
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non-Government organization substantially financed directly
or indirectly by the appropriate Government.
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9. |
Who is
excluded? |
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Central
Intelligence and Security agencies specified in the Second
Schedule like IB, R&AW, Directorate of Revenue Intelligence,
Central Economic Intelligence Bureau, Directorate of
Enforcement, Narcotics Control Bureau, Aviation Research Centre,
Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam
Rifles, Special Service Bureau, Special Branch (CID), Andaman
and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and
Special Branch, Lakshadweep Police. Agencies specified by the
State Governments through a Notification will also be excluded.
The exclusion, however, is not absolute and these organizations
have an obligation to provide information pertaining to
allegations of corruption and human rights violations. Further,
information relating to allegations of human rights valuations
could be given but only with the approval of the Central or
State Information Commission, as the case may be. [S.24)] |
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10. |
Who are
'Third Parties'? |
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A third party
means a person other than the citizen making a request for
information and includes a public authority. Third parties have
a right to be heard in respect of applications and appeals
dealing with information submitted by them to the Government in
confidence. [S.2(n) and S.11] |
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11. |
Who are
Public Information Officers (PIOs)? |
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PIOs are
officers designated by the public authorities in all
administrative units or offices under it to provide information
to the citizens requesting for information under the Act. Any
officer, whose assistance has been sought by the PIO for the
proper discharge of his or her duties, shall render all
assistance and for the purpose of contraventions of the
provisions of this Act, such other officer shall be treated as a
PIO. |
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12. |
What are the
duties of a PIO? |
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- PIO
shall deal with requests from persons seeking information
and where the request cannot be made in writing, to render
reasonable assistance to the person to reduce the same in
writing.
- If
the information requested for is held by or its subject
matter is closely connected with the function of another
public authority, the PIO shall transfer, within 5 days, the
request to that other public authority and inform the
applicant immediately.
- PIO
may seek the assistance of any other officer for the proper
discharge of his/her duties.
- PIO,
on receipt of a request, shall as expeditiously as possible,
and in any case within 30 days of the receipt of the
request, either provide the information on payment of such
fee as may be prescribed or reject the request for any of
the reasons specified in S.8 or S.9.
- Where
the information requested for concerns the life or liberty
of a person, the same shall be provided within forty-eight
hours of the receipt of the request.
- If
the PIO fails to give decision on the request within the
period specified, he shall be deemed to have refused the
request.
- Where
a request has been rejected, the PIO shall communicate to
the requester - (i) the reasons for such rejection, (ii) the
period within which an appeal against such rejection may be
preferred, and (iii) the particulars of the Appellate
Authority.
- PIO
shall provide information in the form in which it is sought
unless it would disproportionately divert the resources of
the Public Authority or would be detrimental to the safety
or preservation of the record in question.
- If
allowing partial access, the PIO shall give a notice to the
applicant, informing:
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that only
part of the record requested, after severance of the record
containing information which is exempt from disclosure, is
being provided;
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the
reasons for the decision, including any findings on any
material question of fact, referring to the material on
which those findings were based;
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the name
and designation of the person giving the decision;
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the
details of the fees calculated by him or her and the amount
of fee which the applicant is required to deposit; and
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his or
her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee
charged or the form of access provided.
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If
information sought has been supplied by third party or is
treated as confidential by that third party, the PIO shall
give a written notice to the third party within 5 days from
the receipt of the request and take its representation into
consideration.
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Third
party must be given a chance to make a representation before
the PIO within 10 days from the date of receipt of such
notice.
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13. |
What is the
Application Procedure for requesting information? |
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- 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.
- Reason for seeking
information are not required to be given;
- Pay fees as may be
prescribed (if not belonging to the below poverty line
category).
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14. |
What is the
time limit to get the information? |
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- 30
days from the date of application
- 48
hours for information concerning the life and liberty of a
person
- 5
days shall be added to the above response time, in case the
application for information is given to Assistant Public
Information Officer.
- 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).
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Failure to provide information within the specified period
is a deemed refusal.
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15. |
What is the
fee? |
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Application fees to be prescribed which must be reasonable.
- If
further fees are required, then the same must be intimated
in writing with calculation details of how the figure was
arrived at;
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Applicant can seek review of the decision on fees charged by
the PIO by applying to the appropriate Appellate Authority;
- No
fees will be charged from people living below the poverty
line
- Applicant must be provided information free of cost if
the PIO fails to comply with the prescribed time limit.
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16. |
What could be
the ground for rejection? |
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- If it is covered by exemption from disclosure. (S.8)
- If it infringes copyright of any person other than the
State. (S.9)
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17. |
Who are the
Appellate Authorities? |
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- First
Appeal: First appeal to the officer senior in rank to the
PIO in the concerned Public Authority within 30 days from
the expiry of the prescribed time limit or from the receipt
of the decision (delay may be condoned by the Appellate
Authority if sufficient cause is shown).
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Second Appeal: Second appeal to the Central Information
Commission or the State Information Commission as the case
may be, within 90 days of the date on which the decision was
given or should have been made by the First Appellate
Authority. (delay may be condoned by the Commission if
sufficient cause is shown).
- Third
Party appeal against PIO's decision must be filed within 30
days before first Appellate Authority; and, within 90 days
of the decision on the first appeal, before the appropriate
Information Commission which is the second appellate
authority.
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Burden of proving that denial of Information was justified
lies with the PIO.
- First
Appeal shall be disposed of within 30 days from the date of
its receipt. Period extendable by 15 days if necessary.
(S.19)
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18. |
How is
Central Information Commission constituted? |
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Central Information Commission to be constituted by the
Central Government through a Gazette Notification.
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Commission includes 1 Chief Information Commissioner (CIC)
and not more than 10 Information Commissioners (IC) who will
be appointed by the President of India.
- Oath
of Office will be administered by the President of India
according to the form set out in the First Schedule.
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Commission shall have its Headquarters in Delhi. Other
offices may be established in other parts of the country
with the approval of the Central Government.
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Commission will exercise its powers without being subjected
to directions by any other authority. (S.12)
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19. |
What is the
eligibility criteria and what is the process of appointment of
CIC/IC? |
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Candidates for CIC/IC must be persons of eminence in public
life with wide knowledge and experience in law, science and
technology, social service, management, journalism, mass
media or administration and governance.
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CIC/IC shall not be a Member of Parliament or Member of the
Legislature of any State or Union Territory. He shall not
hold any other office of profit or connected with any
political party or carrying on any business or pursuing any
profession. (S.12)
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Appointment Committee includes Prime Minister (Chair),
Leader of the Opposition in the Lok Sabha and one Union
Cabinet Minister to be nominated by the Prime Minister.
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20. |
What is the
term of office and other service conditions of CIC? |
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- CIC
shall be appointed for a term of 5 years from date on which
he enters upon his office or till he attains the age of 65
years, whichever is earlier.
- CIC
is not eligible for reappointment.
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Salary will be the same as that of the Chief Election
Commissioner. This will not be varied to the disadvantage of
the CIC during service. (S.13)
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21. |
What is the
term of office and other service conditions of IC? |
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- IC
shall hold office for a term of five years from the date on
which he enters upon his office or till he attains the age
of sixty-five years, whichever is earlier and shall not be
eligible for reappointment as IC.
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Salary will be the same as that of the Election
Commissioner. This will not be varied to the disadvantage of
the IC during service.
- IC is
eligible for appointment as CIC but will not hold office for
more than a total of five years including his/her term as
IC. (S.13)
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22. |
How is the
State Information Commission constituted? |
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- The
State Information Commission will be constituted by the
State Government through a Gazette notification. It will
have one State Chief Information Commissioner (SCIC) and not
more than 10 State Information Commissioners (SIC) to be
appointed by the Governor.
- Oath
of office will be administered by the Governor according to
the form set out in the First Schedule.
- The
headquarters of the State Information Commission shall be at
such place as the State Government may specify. Other
offices may be established in other parts of the State with
the approval of the State Government.
- The
Commission will exercise its powers without being subjected
to any other authority.
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23. |
What is the
eligibility criterion and what is the process of appointment of
State Chief Information Commissioner/State Information
Commissioners? |
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The
Appointments Committee will be headed by the Chief Minister.
Other members include the Leader of the Opposition in the
Legislative Assembly and one Cabinet Minister nominated by the
Chief Minister.
The
qualifications for appointment as SCIC/SIC shall be the same as
that for Central Commissioners.
The salary
of the State Chief Information Commissioner will be the same as
that of an Election Commissioner. The salary of the State
Information Commissioner will be the same as that of the Chief
Secretary of the State Government. (S.15) |
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24. |
What are the
powers and functions of Information Commissions? |
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- The
Central Information Commission/State Information Commission
has a duty to receive complaints from any person -
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who has not been able to submit an information
request because a PIO has not been appointed ; |
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who has been refused information that was
requested; |
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who has received no response to his/her
information request within the specified time
limits ; |
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who thinks the fees charged are unreasonable ; |
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who thinks information given is incomplete or
false or misleading ;and |
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any other matter relating to obtaining
information under this law. |
- Power
to order inquiry if there are reasonable grounds.
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CIC/SCIC will have powers of Civil Court such as -
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summoning and enforcing attendance of persons,
compelling them to give oral or written evidence
on oath and to produce documents or things; |
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requiring the discovery and inspection of
documents; |
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receiving evidence on affidavit ; |
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requisitioning public records or copies from
any court or office |
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issuing summons for examination of witnesses or
documents |
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f) |
any other matter which may be prescribed. |
- All
records covered by this law (including those covered by
exemptions) must be given to CIC/SCIC during inquiry for
examination.
- Power
to secure compliance of its decisions from the Public
Authority includes-
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a) |
providing access to information in a particular
form; |
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b) |
directing the public authority to appoint a
PIO/APIO where none exists; |
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c) |
publishing information or categories of
information; |
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d) |
making necessary changes to the practices
relating to management, maintenance and
destruction of records ; |
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e) |
enhancing training provision for officials on
RTI; |
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f) |
seeking an annual report from the public
authority on compliance with this law; |
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g) |
require it to compensate for any loss or other
detriment suffered by the applicant ; |
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h) |
impose penalties under this law; or |
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i) |
reject the application.
(S.18 and S.19) |
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25. |
What is the
reporting procedure? |
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Central Information Commission will send an annual report to
the Central Government on the implementation of the
provisions of this law at the end of the year. The State
Information Commission will send a report to the State
Government .
- Each
Ministry has a duty to compile reports from its Public
Authorities and send them to the Central Information
Commission or State Information Commission, as the case may
be.
- Each
report will contain details of number of requests received
by each Public Authority, number of rejections and appeals,
particulars of any disciplinary action taken, amount of fees
and charges collected etc.
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Central Government will table the Central Information
Commission report before Parliament after the end of each
year. The concerned State Government will table the report
of the State Information Commission before the Vidhan Sabha
(and the Vidhan Parishad wherever applicable). (S.25)
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26. |
What are the
penalty provisions? |
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Every PIO
will be liable for fine of Rs. 250 per day, up to a maximum of
Rs. 25,000/-, for -
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not accepting an application;
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delaying information release without reasonable cause;
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malafidely denying information;
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knowingly giving incomplete, incorrect, misleading
information;
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destroying information that has been requested and
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obstructing furnishing of information in any manner.
The
Information Commission (IC) at the Centre and the State levels
will have the power to impose this penalty. The Information
Commission can also recommend disciplinary action for violation
of the law against an erring PIO. (S.20) |
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27. |
What is the
jurisdiction of courts? |
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Lower Courts
are barred from entertaining suits or applications against any
order made under this Act. (S.23) However, the writ jurisdiction
of the Supreme Court and High Courts under Articles 32 and 225
of the Constitution remains unaffected. |
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28. |
What is the
role of Central/State Governments? |
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Develop educational programmes for the public especially
disadvantaged communities on RTI.
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Encourage Public Authorities to participate in the
development and organization of such programmes.
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Promote timely dissemination of accurate information to the
public.
- Train
officers and develop training materials.
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Compile and disseminate a User Guide for the public in the
respective official language.
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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)
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29. |
Who has the
Rule making power? |
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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) |
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30. |
Who has the
power to deal with the difficulties while implementing this act? |
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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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