India’s Right to Information Act had become a tool for the public to challenge the country

The New York Times reported on the 28th that corruption is deeply entrenched in India, but India implemented the Right to Know Act five years ago, and poor people gained the power to question the government and became a weapon for the public to challenge the government.

Although this law helps many poor people get government help, some believe that the right to know law cannot eradicate corruption and the lack of accountability mechanisms makes this law useless.


RTI Act 2005 diluted by the Government

In fact, it is wrong to say that the act has been diluted. For the corrupt, its now a protective shield rather. Now it is absolutely useless and it has rather made the responsible immune to information disclosure so the RTI Act is acting as a tool to hide corruption. Now appointment and removal of commissioner is absolutely in the hands of government so its impossible that the commissioner would issue any such order that goes against the government.

 

Chanchala Devi lives in a remote village in India. She hopes to own a brick house instead of living in a house made of mud. When she heard that the Indian government had launched a plan that would provide her with about $ 700 to build her dream house, Devi immediately submitted an application to the government.

Devi belongs to the lower caste class, is a temporary worker who is paid on a daily basis, and lives very poorly. It should have been an ideal applicant for the government's rescue plan. However, she waited for four years for this, watching the wealthy neighbor get government funding and build a house. She and her three children could only live in a leaky house.

 

Right to Information Law

However, two months ago, the Right to Information law, which was warmly welcomed by Indian residents, helped her. With the help of a local political activist, Devi submitted an application to the local government office, asking the government to track down who had received government funding while she was waiting hard for government assistance, and hoped to find out why. Good news came a few days later, Devi's application was approved, and funding was quickly available.

 

Devi's good luck is only part of India's information revolution. Although India may be the largest democracy in the world, it is also a huge and powerful bureaucratic country.

India is an Empire State Building based on feudalism, and the public has very limited ways of understanding government actions. But the far-reaching law of the Right to Know Act grants power to 1.2 billion residents of India, giving them the right to obtain almost all information from the Indian government and making the government transparent.

If Indian officials refuse to provide information, they will be subject to high fines, which ensures the rapid implementation of the Right to Know Act.

 

Right to Information Act 2005 of India

Since India’s Right to Know Act passed parliamentary approval five years ago, it has become a tool for rural residents in India and has changed the balance of power in India. In the three years before the bill was introduced, Indian residents submitted a total of 2 million applications.

The Indian government has long favored the interests of government officials and politicians.


Right to Information Act 2005

Wajahat Habibullah, Chief Information Commissioner of the Central Government of India, said:

“The Indian government has always given the impression that government officials are the rulers and the people are the rulers. The Law on the Right to Know makes residents feel the sense of responsibility of the Indian government to the people.

 

Former Indian Prime Minister Rajiv Gandhi once said that only 15% of the Indian government’s allocation for poor residents reached residents, and other funds were either wasted or corrupted.

Although this data may have improved over the past few decades, Indian residents still question the government.

India plans to allocate about 47 billion U.S. dollars to help poor Indian citizens this year, but some people suspect that a lot of funds have disappeared.

 

Although the Indian government pays more attention to the demands of the people, this does not mean that corruption will be reduced.

Sunil Kumar Mahato, a political activist in Jharkhand, India, said the use of this law to expose corruption is meaningless. He mentioned a road construction project, saying: "The money was spent, but the road was not seen."

When Mahato submitted an application to the government to find out the reason, the Indian government re-funded the road. But the Indian government has not taken any action to deal with corrupt people.


Mahato said:

"The connections between politicians, contractors and bureaucrats are very close and it is very difficult to take action against these people."

 

Some commentators question whether the bill is just a pressure valve that allows people to obtain basic needs without challenging the status quo.

Venkatesh Nayak, a member of the Commonwealth Human Rights Initiative, said: "This law is very successful in eradicating small corruption, but our accountability mechanism is relatively weak, and increasing transparency in the absence of accountability is meaningless.

However, some people think that In India, which has emerged from colonial and feudal rule, combating corruption is only a secondary task. Granting citizen rights is the main goal. This law gives Indian citizens the power to question the government.



India's right to know law becomes a national challenge to the people, the government must be fully transparent

India is an emerging global power, but it is also a country with deep-rooted bureaucratic rule. As an "Empire State Building" based on feudal culture, ordinary people have very limited ways of understanding government actions. On June 21, 2005, India's "Information Rights Law 2005" was formally promulgated.

The aim is to grant power to India’s 1.2 billion residents, giving them the right to obtain almost all information from the Indian government, and to make the government transparent.

However, some critics say that although this law has helped many poor people get government help, it cannot eradicate corruption, and the lack of accountability mechanisms makes this law useless.

 

Indian Information Rights Law brings certain benefits to ordinary people

 

India's Right to Information Act 2005

    China.com, June 29. According to a report by the New York Times on the 28th, corruption is deeply entrenched in India, but India implemented the Right to Know Act five years ago, and poor people gained the power to question the government and became a weapon for the public to challenge the government.

 Although this law helps many poor people get government help, some believe that the right to know law cannot eradicate corruption and the lack of accountability mechanisms makes this law useless.

 

Chanchala Devi lives in a remote village in India. She hopes to own a brick house instead of living in a house made of mud. When she heard that the Indian government had launched a plan that would provide her with about $ 700 to build her dream house, Devi immediately submitted an application to the government.

Devi belongs to the lower caste class, is a temporary worker who is paid on a daily basis, and lives very poorly. It should have been an ideal applicant for the government's rescue plan. However, she waited for four years for this, watching the wealthy neighbor get government funding and build a house. She and her three children could only live in a leaky house.

 

However, two months ago, the Law of the Right to Know (also known as the Information Rights Legislative Editor’s Note), which was warmly welcomed by Indian residents, helped her.

With the help of a local political activist, Devi submitted an application to the local government office, asking the government to track down who had received government funding while she was waiting hard for government assistance, and hoped to find out why. Good news came a few days later, Devi's application was approved, and funding was quickly available.

 

Devi's good luck is only part of India's information revolution. Although India proudly calls itself "the world's largest democratic country," internal bureaucratic rule is deeply entrenched. This Empire State Building, built on the basis of feudalism, has a very limited way for the public to understand government actions.

But the far-reaching law of the Right to Know Act grants power to 1.2 billion residents of India, giving them the right to obtain almost all information from the Indian government and making the government transparent. If Indian officials refuse to provide information, they will be subject to high fines, which ensures the rapid implementation of the Right to Know Act.

 

Since India’s Right to Know Act was approved by Parliament five years ago, it has become a tool for rural residents in India and has changed the balance of power in India.

In the three years before the bill was introduced, Indian residents submitted a total of 2 million applications.

The Indian government has long favored the interests of government officials and politicians.

Wajahat Habibullah, Chief Information Commissioner of the Central Government of India, said: “The Indian government has always given the impression that government officials are the rulers and the people are the rulers. The Law on the Right to Know makes residents feel the sense of responsibility of the Indian government to the people.

 

Former Indian Prime Minister Rajiv Gandhi once said that only 15% of the Indian government’s allocation for poor residents reached the residents, and other funds were either wasted or corrupted.

Although this data may have improved over the past few decades, Indian residents still question the government. India plans to allocate about 47 billion U.S. dollars to help poor Indian citizens this year, but some people suspect that a lot of funds have disappeared.

 

Although the Indian government pays more attention to the demands of the people, this does not mean that corruption will be reduced.

Sunil Kumar Mahato, a political activist in Jharkhand, India, said the use of this law to expose corruption is meaningless.

He mentioned a road construction project, saying: "The money was spent, but the road was not seen." When Mahato submitted an application to the government to find out the reason, the Indian government re-funded the road. But the Indian government has not taken any action to deal with corrupt people.

Mahato said: "The connections between politicians, contractors and bureaucrats are very close and it is very difficult to take action against these people."

 

Some evaluators question whether this bill is just a pressure valve that allows people to obtain basic needs without challenging the status quo.

Venkatesh Nayak, a member of the Commonwealth Human Rights Initiative, said: "This law is very successful in eradicating small corruption, but our accountability mechanism is relatively weak, and increasing transparency in the absence of accountability is meaningless.

However, some people think that In India, which is free from colonial and feudal rule, combating corruption is only a secondary task, and the granting of civil rights is the main goal. This law gives Indian citizens the power to question the government. It is a big step forward.

 

    The 21st century is the century of India? Interpretation of the knots of India's great powers:

    Global Magazine News before India’s independence, Nehru, who later became India’s first prime minister, wrote his vision of the country in India’s Discovery- India wants to become a first-class power with “sound and color”. When India finally got rid of British colonial rule, the "great power" became a knot of the social elites.

 

    Today, the dream of a big country is no longer the patent of a small number of Indian social elites, but the will of the people. The goals of the big powers have also become clear from ambiguity, that is, the total economic volume occupies the forefront of the world, the industrial structure has entered the post-industrial era, the democratization of the political system, the influence of national culture has expanded, and the international status has been greatly improved, etc.

 

    India's flying dream encountered multiple stumbling blocks:

    1. Corruption issue: Corruption exposure of Indian officials: promotion and salary increase of children retired at the age of five

    China News Service Nintromjo died in 1985, but "continued" to receive a pension, and even got promoted a few years later. When his family asked for information about Nintromjo’s pension, they were turned away by the authorities, but in the end they were told that Nintromcho was promoted in 1998 and received a sum of money three years later, pension.

Nintemjo’s son said: “Someone used false materials to get my dad ’s salary, and later took his pension for granted.”

 

   2. The remnants of feudalism: the tragedy of the Indian caste system couples were honoured

   International Online: The bodies of 9-year-old Asha Sini and 21-year-old Jogsh Kumar were recently discovered in the slums of New Delhi. The death showed that the legs and arms of the two were bound, and the hands and feet were marked with electric shocks.

A police investigation found that Sini and Kumar were originally a close lover, but because of the low caste level of the Kumar family, their love affair was strongly opposed by the female family.

In order to protect the family honor, Sini’s uncle and other relatives decided to execute “honorary execution” on the two.

 

    3. Bureaucracy: the convenience of doing business is at a lower position and the reform encounters many resistances

    Guangzhou Daily News In a report of the World Bank, it ranked the convenience of doing business in 178 countries in the world, of which India ranked 120th. The report said that India lags behind some countries in this respect.

Although India’s reforms over the past decade have made the economy’s growth rate compelling and attracted investors from all over the world, investors still find that India’s bureaucratic minefield is difficult to overcome. Analysts and business people said that this issue is still the biggest stumbling block for India to attract foreign investment.

 

     Analyze the influence of India's diverse society on national character, including tolerance and conflict:

     Global Magazine News From the perspective of ethnic composition, almost all ethnic groups in the world today live here, forming more than 100 ethnic groups. In addition, there are hundreds of tribal groups distributed around. They use 700 officially registered languages ​​(dialects of less than 1,000 people are not listed here), and the main languages ​​are as many as 18.

From the perspective of religion, there are not only Hinduism, Buddhism, Jainism and Sikhism that originated in the local area, but also Islamism, Christianity and Suoyaoistism spread from other regions. From the perspective of culture and art, various regions of India have distinctive folk arts such as music, dance, sculpture, and painting.

From the perspective of political power, India has as many as more than 1,000 officially registered political parties, whose political opinions are varied and their organizational structures vary widely.

 

Indian-style democracy is more localized and fights hard against corruption:

    Global Magazine News India's current political system has fully accepted the three-party parliamentary democratic system transplanted from the United Kingdom and the supporting administrative system.

However, the political system originating in the West has mutated in the land of India, and has produced more and more local colors.

The shadow of the "family politics" that has emerged from the one-party monopoly is still lingering, and the Nehru family's exclusive status in Indian politics has not disappeared. Indian-style democracy has been very different from the Western model.

On the one hand, it has at least built a platform for people to express their political will, and on the other hand, it has manifested obvious immaturity. Prevalent and other stubborn illnesses are struggling hard.


Following is a copy of the RTI Act as is Original:

THE RIGHT TO INFORMATION ACT, 2005

 

No. 22 of 2005

 

[15th June, 2005.]

 

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.

 

WHEREAS the Constitution of India has established democratic Republic;

 

AND WHEREAS democracy requires an infaimed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

 

AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

 

2                                             THE GAZETTER OF INDIA EXTRAORDINARY                              {PART II—

 



Short title, extent and commencemen

 

  

Definitions.

 

 

 

AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

 

NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it.

 

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

 

CHAPTER I

 

Preliminary

1.  (1) This Act may be called the Right to Information Act, 2005.

 

(2)   It extends to the whole of India except the State of Jammu and Kashmir.

 

(3)   The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment.

 

2.  In this Act, unless the context otherwise requires,—

 

(a)   “appropriate Government” means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—

 

(i)         by the Central Government or the Union territory administration, the Central Government;

 

(ii)                 by the State Government, the State Government;

 

(b)   “Central Information Commission” means the Central Information Commission constituted under sub-section (1) of section 12;

 

(c)    “Central Public Information Officer” means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;

 

(d)   “Chief Information Commissioner” and “Information Commissioner” mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12.

 

(e)   “competent authority” means:

 

(i)        the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State.

 

(ii)         the Chief Justice of India in the case of the Supreme Court.

(iii)     the Chief Justice of the High Court in the case of a High Court.

 

(iv)     the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution.

(v)       the administrator appointed under article 239 of the Constitution.

 

(f)   “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

 

SEC.1                                          THE GAZETTE OF INDIA EXTRAORDINARY                                                3

 

 

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.

 

(g)   “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be.

 

 

 

 

(h)     “public authority” means any authority or body or institution of self-government established or constituted-

 

(a)     by or under the Constitution.

 

(b)       by any other law made by Parliament.

 

(c)     by any other law made by State Legislature.

 

(d)    by notification issued or order made by the appropriate Government.

 

and includes any—

 

(i)                   body owned, controlled or substantially financed.

 

(ii)                   non-Government organisation substantially financed.

 

directly or indirectly by funds provided by the appropriate Government.

 

(i)   “record” includes-

 

(a)     any document, manuscript and file.

 

(b)     any microfilm, microfiche and facsimile copy of a document.

 

(c)     any reproduction of image or images embodied in such microfilm (whether enlarged or not, and

 

(d)     any other material produced by a computer or any other device.

 

(j)  “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-

 

(i)       inspection of work, documents, records.

 

(ii)     taking notes, extracts or certified copies of documents or records.

 

(iii)    taking certified samples of material.

 

(iv)   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 in any other device.

 

(k)     “State Information Commission” means the State Information Commission constituted under sub-section (1) of section 15.

 

(1) “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15.

 

(m)  “State Public Information Officer” means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5.

 

(n)    “third party” means a person other than the citizen making a request for information and includes a public authority.

 

4

THE GAZETTE OF INDIA EXTRAORDINARY

 

[PART II—

 

 

 

 

CHAPTER II

 

 

 

 

 

Right to information and obligations of public authorities

 

 

 

3. Subject to the provisions of this Act, all citizens shall have the right to information.

Right to

 

4. (1) Every public authority shall-

 

 

 

 

information

 

 

 

 

 

 

 

a) maintain all its records duly catalogued and indexed in a manner and the

 

 

form which facilitates the right to information under this Act and ensure that

 

 

all records that are appropriate to be computerised are, within a reasonable

 

 

time and subject to availability of resources, computerised and connected

 

 

through a network all over the country on different systems so that access to

 

 

such records is facilitated;

 

 

 

 

 

 

b)   publish within one hundred and twenty days from the enactment of this

 

 

Act,—

 

 

 

 

 

 

 

 

 

(i)

the par ticulars of its organisation, functions and duties;

 

 

 

 

(ii)

the powers and duties of its officers and employees;

 

 

 

 

(iii)

the procedure followed in the decision making process,

 

 

 

 

including channels of supervision and accountability;

 

 

 

 

(iv)

the norms set by it for the discharge of its functions;

 

 

 

 

(v)

the rules, regulations, instructions, manuals and records, held by

 

 

 

 

it or under its control or used by its employees for discharging

 

 

 

 

its functions;

 

 

 

 

 

 

 

(vi)

a statement of the categories of documents that are held by it or

 

 

 

 

under its control;

 

 

 

 

 

 

 

(vii)

the particulars of any arrangement that exists for consultation

 

 

 

 

with, or representation by, the members of the public in relation

 

 

 

 

to the formulation of its policy or implementation thereof;

 

 

 

 

(viii)a statement of the boards, councils, committees and other

 

 

 

 

bodies consisting of two or more persons constituted as its part

 

 

 

 

or for the purpose of its advice, and as to whether meetings of

 

 

 

 

those boards, councils, committees and other bodies are open to

 

 

 

 

the public, or the minutes of such meetings are accessible for

 

 

 

 

public.

 

 

 

 

 

 

 

(ix)

a directory of its officers and employees.

 

 

 

 

 

(x)

the monthly remuneration received by each of its officers and

 

 

 

 

employees, including the system of compensation as provided

 

 

 

 

in its regulations

 

 

 

 

 

 

 

(xi)

the budget allocated to each of its agency, indicating the

 

 

 

 

particulars of all plans, proposed expenditures and reports on

 

 

 

 

disbursements made

 

 

 

 

 

 

 

(xii)

the manner of execution of subsidy programmes, including the

 

 

 

 

amounts allocated and the details of beneficiaries of such

 

 

 

 

programmes

 

 

 

 

 

 

 

(xiii)particulars of recipients of concessions, permits or

 

 

 

 

authorisations granted by it

 

 

 

 

 

 

(xiv)

details in respect of the information, available to or held by it,

 

 

 

(xv)

reduced in an electronic form

 

 

 

 

 

 

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

 

 

 

 

 

(xvi)

the names, designations and other particulars of the Public

 

 

 

 

Information Officers

 

 

 

 

 

 

(xvii)

such other information as may be prescribed

 

 

and

thereafter

update

these

publications

every

year

 

 

c)

 

 

publish all relevant facts while formulating important

 

 

policies or announcing the decisions which affect public

 

 

 

 

d)

 

 

provide reasons for its administrative or quasi-judicial

 

 

SEC. 1                                           THE GAZETTE OF INDIA EXTRAORDINARY                                                              5

 

decisions to affected persons.

 

 

(2)   It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.

 

(3)   For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

 

(4)     All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.

 

Explanation.-For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

 

5.  (1) Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.

 

(2)   Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.

 

Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

 

(3)  Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

 

(4)   The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

 

(5)   Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.

 

 

 

 

 

Designation of Public Information Officers.

 

6

Disposal of

 

request.

 

 

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II]

6. (1) A person, who desires to obtain any information under this Act, shall make

Request for

a request in writing or through electronic means in English or Hindi or in the official

obtaining

language of the area in which the application is being made, accompanying such fee as

information.

 

may be prescribed, to-

 

(a)     the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority

 

(b)     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.

 

(2)  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.

 

(3)    Where an application is made to a public authority requesting for an information,—

 

(i)                   which is held by another public authority; or

 

(ii)                  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.

 

7.  (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty 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 sections 8 and 9.

 

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

(2)  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.

 

(3)   Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving-

 

(a)  the details of further fees representing the cost of providing the information as determined by him, together with the calculations made

 

SEC. 1                                           THE GAZETTE OF INDIA EXTRAORDINARY

 

to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

 

(b)     information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

 

(4)   Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.

 

(5)   Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:

 

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

 

(6)   Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

 

(7)    Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.

 

(8)   Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—

 

(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.

 

(9)  An information shall ordinarily be provided 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.

 

 

8.  (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,

 

(a)   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;

 

(b)   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;

 

 

Exemption

 

from

 

disclosure of

 

information.

 

 

8

 

19 of 1923.

 

THE GAZETTER OF INDIA EXTRAORDINARY                                             [PART II]

 

(c)    information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.

 

(d)    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.

 

(e)   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.

 

(f)information received in confidence from foreign Government.

 

(g)    information, the disclosure of which would endanger the life or physical safety of any person or identif’ the source of information or assistance given in confidence for law enforcement or security purposes.

 

(h)      information which would impede the process of investigation or apprehension or prosecution of offenders;

 

(i)    cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.

 

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

 

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed.

 

(j)   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 unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

 

(2)   Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

 

(3)   Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

 

 

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

 

SEC.1

 

Grounds for rejection to access in certain cases.

 

Severability

 

 

 

 

Third party information.

 

 

THE GAZETTE OF INDIA EXTRAORDINARY

9

 

9.   Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

 

10.   (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

 

(2)    Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing-

 

(a)     that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided.

 

(b)     the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based.

 

(c)                               the name and designation of the person giving the decision

 

(d)     the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

 

(e)     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, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

 

11.   (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

 

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

 

(2)   Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

 

(3)     Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in

 

10                                              THE GAZETTE OF INDIA EXTRAORDINARY                                              [PART II]

 

writing the notice of his decision to the third party.

 

(4)   A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

 

 

 

CHAPTER III

 

The Central Information Commission

 

12.   (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

 

(2)  The Central Information Commission shall consist of-

 

(a)     the Chief Information Commissioner, and

 

(b)     such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

 

(3)   The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of-

 

(i)       the Prime Minister, who shall be the Chairperson of the committee;

(ii)      the Leader of Opposition in the Lok Sabha, and

 

(iii)    a Union Cabinet Minister to be nominated by the Prime Minister.

 

Explanation.-For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.

 

(4)   The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.

 

(5)   The Chief Information Commissioner and Information Commissioners shall 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.

 

(6)  The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

 

(7)   The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

 

 

 

 

 

 

 

Constitution of Central Information Commission

 

SEC.1                                          THE GAZETTE OF INDIA EXTRAORDINARY                                                11

 

 

13.   (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

 

Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

 

(2)   Every Information Commissioner 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 such Information Commissioner:

 

Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:

 

Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.

 

(3)    The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

 

(4)   The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:

 

Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.

 

(5) The salaries and allowances payable to and other terms and conditions of service

 

of

 

 

Term of office and conditions of service

 

 

(a)     the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner

 

(b)     an Information Commissioner shall be the same as that of an Election Commissioner.

 

Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity.

 

Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits.

 

Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their

 

12                                              THE GAZETTER OF INDIA EXTRAORDINARY                                             [PART II]

 

disadvantage after their appointment

 

 

(6)   The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

 

 

14.     (1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.

 

(2)   The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

 

(3)   Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—

 

(a)      is adjudged an insolvent; or

 

(b)     has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

 

(c)     engages during his term of office in any paid employment outside the duties of his office; or

 

(d)     is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

 

(e)      has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

 

(4)  If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section

 

(1), be deemed to be guilty of misbehaviour.

 

CHAPTER IV

 

The State Information Commission

 

15.    (1)  Every State Government shall, by notification in the Official Gazette,

constitute a body to be known as the (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

 

(2)  The State Information Commission shall consist of-

 

(a)     the State Chief Information Commissioner, and

 

(b)     such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

 

 

Removal of Chief Information Commissioner or Information Commissioner

  

 

 

Constitution of State Information

 

Commission.

 

 

SEC.1

 

 

Term of office and conditions of service.

 

THE GAZETTE OF INDIA EXTRAORDINARY

13

 

(3)      The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of-

 

(i)                   the Chief Minister, who shall be the Chairperson of the committee;

 

(ii)     the Leader of Opposition in the Legislative Assembly; and

 

(iii)    a Cabinet Minister to be nominated by the Chief Minister

 

Explanation-For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

 

(4)   The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.

 

(5)      The State Chief Information Commissioner and the State Information Commissioners shall 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.

 

(6)   The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

 

(7)   The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

 

 

16.  (1) The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

 

Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

 

(2)   Every State Information Commissioner 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 such State Information Commissioner.

 

Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15.

 

Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.

 

(3) The State Chief Information Commissioner or a State Information Commissioner,

 

14                                              THE GAZETTER OF INDIA EXTRAORDiNARY                                               [PART II]

 

shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

 

(4)   The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:

 

Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

 

(5) The salaries and allowances payable to and other terms and conditions of service

of-

 

 

(a)              the State Chief Information Commissioner shall be the same as that of an Election Commissioner.

 

(b)              the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government.

 

Provided that if the State Chief Information Commissioner or a State Infonnation Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Govermnent of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

 

Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits.

 

Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.

 

(6)  The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

 

 

17.   (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

 

(2)   The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of

 

 

 

 

Removal of State Chief Information Commissioner or State Information Commissioner

 

SEC.1

 

Powers and functions of Information Commissions

 

 

THE GAZETTE OF INDIA EXTRAORDINARY

15

 

the Supreme Court on such reference.

 

(3)    Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be-

 

(a)     is adjudged an insolvent; or

 

(b)     has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or

 

(c)     engages during his term of office in any paid employment outside the duties of his office; or

 

(d)     is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or

 

(e)     has acquired such fmancial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

 

(4)  If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section

 

(1), be deemed to be guilty of misbehaviour.

 

 

CHAPTER V of the RTI Act


 

Powers and functions of the Information Commissions, appeal and penalties

 

 

18.   (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—

 

(a)     who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;

(b)     who has been refused access to any information requested under this Act;

 

(c)     who has not been given a response to a request for information or access to information within the time limit specified under this Act;

 

(d)     who has been required to pay an amount of fee which he or she considers unreasonable;

 

(e)     who believes that he or she has been given incomplete, misleading or false information under this Act; and

 

 (f)   in respect of any other matter relating to requesting or obtaining access to records under this Act.

 

(2)   Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

 

16                                             THE GAZETTE OF INDIA EXTRAORDINARY                               [PART II]

 

(3) The Central Information Commission or State Information Commission, as the 5 of 1908 case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure,

1908, in respect of the following matters, namely:-

 

 

(a)     summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things.

(b)      requiring the discovery and inspection of documents

 

(c)     receiving evidence on affidavit

 

(d)     requisitioning any public record or copies thereof from any court or office.

(e)       issuing summons for examination of withesses or documents; and

(f)      any other matter which may be prescribed.

 

(4)  Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.

 

 

Appeal under the RTI Act 2005

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.

 

(2)  Where an appeal is preferred against an order made by a Central Public

 

Information Officer or a State Public Information Officer, as the case may be, under section

 

11 to disclose third party information, the appeal by the concerned third party shall be

 

made within thirty days from the date of the order.

 

(3) A second appeal against the decision under sub-section (1) shall lie within ninety

 

days from the date on which the decision should have been made or was actually received,

 

with the Central Information Commission or the State Information Commission:

 

Provided that the Central Information Commission or the State Information

 

Commission, as the case may be, may admit the appeal after the expiry of the period of

 

ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing

 

the appeal in time.

 

(4)     If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

 

(5)   In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

 

(6)   An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be

 

 

SEC.1

 

 

 

 

Penalties under the Right to Information Act 2005


 

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recorded in writing.

 

(7)     The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

 

(8)     In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—

 

(a)  require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—

 

(i)       by providing access to information, if so requested, in a particular form;

 

(ii)     by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;

 

(iii)    by publishing certain information or categories of information;

 

(iv)   by making necessary changes to its practices in relation to the maintenance, management and destruction of records;

 

(v)     by enhancing the provision of training on the right to information for its officials;

(vi)   by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;

 

(b)   require the public authority to compensate the complainant for any loss or other detriment suffered;

 

(c)      impose any of the penalties provided under this Act;

 

(d)      reject the application.

 

(9)   The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

 

(10)    The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

 

20.     (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section

 

(1)    of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:

 

Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:

 

Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.

 

(2)   Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case

 

18

 

Protection of action taken in good faith

 

 

Act to have

overriding

 

effect

 

 

 

Bar of

 

jurisdiction of

 

courts

 

 

 

Act not to apply to certain organisations