HOW TO DECIDE WHICH RULES TO FOLLOW?

RTI Rules framed by Central or State Govts. prescribe formats for application or appeal, amount of fees, mode of payment of fees, other charges, etc. Following guidelines will facilitate decision as to which rules are to be followed while applying under RTI Act 2005:

1. If you want information from public authorities which are part of Central Govt. then follow rules of Central Govt, irrespective of location of the office of public authority. For example, for information from Income Tax Dept.... [Read More]

Time limits specified in the RTI Act

Notes:

• 3^rd Party can be anyone other than the citizen applying for information
• Please account for adequate time for postal delays

Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.


Following are the various time limits specifie... [Read More]

What are the obligations of a Public Authority under the RTI Act

The Public Authority has certain obligations under the RTI Act 2005:

1. It shall publish within one hundred and twenty days of the enactment (by end October 2005) :-

• the particulars of its organization, functions and duties;
• the powers and duties of its officers and employees;
• the procedure followed in its decision making process, including channels of supervision and accountability;
• the norms set by it for the discharge of its functions;
• the rules, regulations, inst

... [Read More]

What are the Penalty and Compensation provisions under the RTI Act 2005

Penalty provision

As per Section 20(1) of the RTI Act, the CIC or the SIC, has the powers to impose a penalty on the PIO, while deciding on a complaint or a second appeal.

Penalty can be imposed, if the PIO has:

1. Refused to receive an application
2. Not furnished the requested information within 30 days of receiving the application
3. Malafidely denied the request for information
4. Knowingly given incorrect, incomplete or misleading information
5. Destroyed information which wa

... [Read More]

What are the duties of a Public Information Officer, PIO?

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 off... [Read More]

Who is Public Information Officer?

PIOs Public Information Officer, 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.

But why should the Government provide information under Right to Information Act?

In 1975, Hon'ble Supreme Court said in the case of Raj Narain vs Union of India:



... [Read More]

If it is a fundamental right, then why do we need right to information laws?

Right to Information laws provide the machinery for the use of this right. Suppose you go to a Government office and demand an officer to show all his files because this is your fundamental right, in most probability he will not do that or he does not have the machinery to do that.

So, the Right to Information laws provide formalization by way of forms in which you can apply, where you can apply, in how many days you should get information, what if you do not get information, enforc... [Read More]

What is Right to Information?

Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information includes the right to:

1. Inspect works, documents, records.
2. Take notes, e

... [Read More]

When does Right to Information came 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 Organization... [Read More]

Who can ask for information under Right to Information?

Any citizen can ask for information under these laws.The Act extends to the whole of India except the State of Jammu and Kashmir.

OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) card holders can also ask for information under the RTI Act.

For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy/Consulate/High Commission and they will inform you regarding the amount of application fee in local... [Read More]