Gar 1) More Next Blogs Create Blog Sign In ‘Showing posts with label Pelity-Prlims. Show all posts ‘TUESDAY, JANUARY 25, 2011 RIGHT TO INFORMATION WHAT {5 ‘RIGHT TO INFORMATION’ UNDER INDIAN CONSTITUTION? 4.WHY ? RIGHT TO INFORMATION ? BECAUSE: The Constitution of India has established democratic Republic;AND the democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to curtail corruption and to hold Governments and their instrumentalities accountable to the governed, Right to Information Act 2005 (NO. 22 OF 2008) {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. 2.HOW TO OBTAIN AN INFORMATION ? Request for obtaining information.-(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic ‘means in English or Hind! o in the official language of the area in which the ‘application is being made, accompanying such fee as may be prescribed, to- (2) the Central Publ Information Ofticer or State Publle Information Officer, 2s the case may be, of the concerned public authority; (b) the Central Assistant Public Information Officer or State Assistant Public MOTHER TERESA QUOTES Got Paid To View Ads Do not wait for leaders; do it alone, ‘person to person. Mother Teresa aa Thor was an omer in the gadget Ww OO GoocLe+ BADGE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 ar State Public Information Officer, as the case may be, shal render all reasonable assistance to the person making the requast 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, () which is held by another public aut jority; or (i) the subject matter of which Is more closely connected with the functions of another public autharty, W public authority, to which such application is made, shall transfer the application fr Such part of it as may be appropriate to that ather 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, S.WHAT IS THE TIME LIMIT AND PROCEDURE FOR FURNISHING THE INFORMATION ? Disposal of request.-The Central Public Information Officer or State Public Information Officer, as the case may be, on recelpt of a request under section 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 f ‘may be prescribed or reject the request for any of the reasons specified in sections @ and 9: Provide that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours ofthe receipt of the request, (2) If the Central Public Information Officer or State Public Information Officer, as the cease may be, falls 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 (8) 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 oF State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving- (2) the details of further fees representing the cost of providing the information as determined by him, togather with the calculations made to arrive at the amount in ‘accordance with fee prescribed under sub-section (2), requesting him to deposit that ‘ees, and the period intervening between the dispatch of the sald intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section; (0) information concerning his or her right with respect to review the decision as the amount of fees charged or the form of access provided, inclucing the particulars of the appellate authority, time limit, process and any other forms. (2) Where access to the record ar @ part thereot is required to be provided uncer this [Act and the person to wham access is to be provided is sensorily disabled, the Central Public Information Officer oF State Public Information Officer, as the case may be, shall provide assistance to enable access to the inform: including Tushar Patil G+ Fallow GO0GLE* FOLLOWERS Tushar Patil 2 Members (8) ors fb. 2. (8. 0 aes eee i 2 2 2 el ToTAL PAGEVIEWS FOLLOW BY Emaproviding such assistance as may be appropriate for the Inspection (5) Where access to information isto be provided In the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee {a5 may be prescribed Provides that the fee prescribed under sub-section (1) of section 6 and sub-sections (2) 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 fils 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 oF 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 Pubic Information officer or State Public Information Officer, as the case may be, shal communicate to the person making the request, (0) the reasons for such rejection; (i) the period within whien an appeal against such rejection may be preferred; and (il) the particulars of the appellate authority. (9) Am information shall ordinarily be provided in the form in which it's 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 4. WHAT IS THE PROCEDURE TO BE FOLLOWED TO FURNISHA 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? ‘Third party information.-(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any infermation or record, or part thereof on a request made under this Act, which relates to or has been supplied by a thied party and has been treated as confidential by that third party, the Central Public Information Officer or Stat 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 thicd Public Information Officer, 28 party to make a submission in writing or erally, 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 outwelghs In importance ‘any possiple harm of 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) ta a third party ia respect of any information or record or part thereof, the thied party shall, within ten ays from the date of receipt of such notice, be given the opportunity to make “epresentation against the proposed disclosure, (3) Notwithstanding anything contained in section 7, the Central Public Information Officer oF State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, I the third party has been given an ‘opportunity to make representation under sub-section (2), make a decision as to whether or net to disclose the information ar record ar part thereof and give in writing the notice of his decision to the thre party(4) Anotice given under sub-section (3) shall include a statement that the thied party whom the notice Is given is entitled to prefer an appeal under section 19 against the decision ‘5. IS IT NECESSARY TO KNOW THE POWERS AND FUNCTIONS OF INFORMATION COMMISSION TO EXERCISE THE RIGHT UNDER RTI? Powers and funetions of Information Commissions.-(1) Subject to the provisions of ths Act, it shallbe 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, (2) 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, oF because the Central Assistant Public Information Officer or State Assistant Pubic Information Officer, as the case may be, has refused to accept his or her application for information, appeal under this Act for forwarding the same to the Central Public Information Officer ‘oF State Public Information Officer or senior officer specified in sub-section (2) 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 {©) who has not been given a response to @ request for Information or access to information within the time limit specified under this Act; (2) who has been required to pay an amount of fee which he or she considers unreasonable; (©) who believes that he or she has been given incomplete, misleading or false Information under this Act; and (9 in respect of any records under this Act. ther matter relating to requesting or abtaining access to (2) Where the Central Information Commission of 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. (3) The Central Information Commission or State Information Commission, as the 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 (5 of 1908), in respect of the following matters, nam: (2) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on cath and to produce the documents or things; (b) requiring the discovery and inspection of documents; {€) receiving evidence on affidavit; (@) requisitioning any public record or copies thereof from any court or office; {@) Issuing summons for examination of witnesses or documents; and (9 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 Cantral 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 ofthe public authority, and no such record may be withheld from it on any grounds. WHEN & WHERE TO FILE AN APPEAL AGAINST AN AGGREIVED ORDER? ‘Appeal.-(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 &decision of the Central Put ic 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 authori Provided that such officer may acmit 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 fling the appeal in time (2) Where an appeal is preferred against an order made by @ Central Public Information Officer or @ State Public information Officer, as the case may be, under section 11 to disclose thie party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. (3) Asecond appealagainst the decision under sub-section (1) shall le 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 tne State Information Commission, asthe case may be, may admit the appeal after the expiry of the period of ninety days if i is satisfied that the appellant was prevented by sufficient cause from fling the appeal in tine (4) If the decision of the Central Public Information Officer or Sta 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 Public (5) In any appeal proceedings, the onus to prove that a denial of @ request was {justified shall be on the Central Public Information Oficer of State Public Information Officer, as the case may be, who deniad 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 offing thereof, as the cease may be, for reasons to be recorded in writing, (7) The decision ofthe Central Information Commission or State Information Commission, asthe case may be, shall be binding (8) In ts decision, the Central information Commission or State Information ‘Commission, asthe case may be, has the power to- (2) raquire the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including (0) By providing access to information, if so requested, ina particular form; (i) by appointing # Central Public Information Officer or State Public Information Officer, as the case may be; (i) By publishing certain information or categories of information; ((v) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (0) by enhancing the provision of training on the rigt to inform. Jn for its officias; (wi by providing it with an annual repart in compliance with clause (b) of sub-section (A) of section 4 (b) require the public authority to compensate the complainant for any loss or ot detriment suffered (©) impose any of the panalties provides under this Act;(@) reject the application (8) The Central Information Commission or State Information Commission, as the case may be, shall give notice ofits decision, including any right of appeal, to the complainant and the public authority (20) 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, 7.15 PENALTY IMPOSED ON CENTRAL/STATE INFORMATION OFFICER FOR HAVING REFUSED TO RECEIVE AN APPLICATION FOR INFORMATION OR HAS NOT FURNISHED INFORMATION WITHIN THE TIME SPECIFIED WITHOUT ANY REASONABLE CAUSE? Ponalties.-(1) Where the Central Information Commission or the State information Commission, as the case may be, at the time of decicing any complaint oF 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 inform information within the time specified under sub-section (1) of section 7 or maletidely enieg the request for Information or knowingly given incorrect, Incomplete or misleading Information or destroyed information which was the subject of the request fr obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till aplication 's received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: n oF has net furnished Provided that the Central Public information Officer or the State Public Informat Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further thatthe burden of proving that he acted reasonably and diligent shall be on the Central Public Information Officer ar the State Public Information Ofricer, as the case may be. (2) Where the Central Information Commission oF the State Information Commission, 25 the case may be, at the time of decising any complaint or appeal is af the opinion that the Central Public Information Officer or the State Public Information Officer, a5 the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furrishee information within the Ime specified under sub-section 1) of section 7 or malafidely denied the request {or information or knowingly given incorrect, incomplete oF misleading Information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public tnformation officer, as the case may be, under the service rules applicable to him. Practical Cases as discussed in Court Hall & decisions made: 1)MLA of Maharashtra sentenced to 1 months imprisonment in contempt proceedings! He spent most of period of imprisonment in air conditioned comfort in hospital. Application is filed by private citizen seeking information regarding medical reports of MLA during the period of imprisonment, The Division Bench of Bombay High Court held that Right to Information Act being enactment by parliament, would prevail over Indian Medical Councll( professional conduct, Etiquette and Ethics) Regulations 2002 framed under Indian Medical Counci Act. And held the said regulations will have to be read with Section 8(1)(5) of RTT Act. And the information is within the compatence of Public Information Officer to disclose such information. [NOC 635 (Bom) (DB) (B)] 2)STUDENTS KINDLY BE AWARE ! YOU HAVE AN ACCESS TO ANSWER SCRIPTS! Ina decision the Division Bench of Calcutta High Court has held that Access to answer scripts cannot be denied to Examine having written the same, on ‘grounds that it would not serve any public purpose. The Examiner dischargingpublic function must be accountable to people. &C* Answer written by ‘examinee on answer script along with the Endorsements in answer scripts made by examiner while assessing merits of answers are opinions expressed by the examiner and form part and parcel of 8C"informationSC™. Right to have answered paper with endorsements of examiner ifnot expressly barred by S.8 OF RTT Act is accessible to examinee.[NOC 424 (Cal) (DB) (E)] Posted by Tushar Pai at 8:31 PM No comments: {Got Reet ison Googe Labels: General Studios, General Stucles Polty, Paliy-Prlims Home Older Posts ‘Subscrive to: Posts (Atom) LABELS Atco (69) ‘Awards (1) Biology MCQs (1) Business Communicaion i) SAT 2 (18) Curent affairs (1280) Giamoni Alias 3043 Gul (7 meni Event: Gusstion answer (8) Daia interpretation (2) Economics (18) Editorial 213) Environment (12) ESSAY (12) Fects About (93) eis abou Maharashiva Gi) Fact Waharashira (1) General Studies: History @4) Genova Studios. 6) General Studies (18) General Stuciosl (2) General Stuaies-Polty (27) Geography MCQs (1) ‘eography optional @) GK Sores ts} “Government Poicies (13) os) GS- Science Pre (18) GS-Geography Pre (17) gemains 62) History MCQs CH) india Year Book (1) Lieai Reasoning (7) Mains @ & A sores @ MBA (24) Mock Questions for GS Mains (2) MPSC (65) Way point iy Other eaves (i) Polty Meas (2) Botiy ProneBRE and WANS Broblem Soiving 3) Bunt Administration ‘Question Bank (i) ule (t) ‘Science Tech- Mains (8) ‘Social Issues: Maina (5) UPSC Brolime 2014 28) BSC Videos 7) POPULAR POSTS BLOG ARCHIVE Eminent Telugu Rlerateur Hanumath Shasty expos > 2014 (838) ‘The renowned Telugu weter Janamadahi Hanamachhassis died on 2019 (722), 2n February 2014 n Kapada town of Andhra Pradesh, He was 90 aa > 2012 (235) 2019 (147) INDIAN NATIONAL MOVEMENT Mcas Indian National Movement 1. The Lucknow Session of 1916 ofthe > December Indian National Congress was neld, esp. > November) > October @) INDIAN NATIONAL MOVEMENT MCOs(Previous Years Questions of UPSC General studies) > September (60) INDIAN NATIONAL MOVEMENT MCas 1. Which y Janvay (i) Indian nationalist leader looked upon a war between Germany and a 8 RIGHT TO INFORMATION ‘THE CONSTITUTION (120TH AMENOMENT) BILL, 2013, ANDTHE» 2009 (32) JUDICIAL APPOINTMENTS COMMISSION BILL, 2013 APPOINTMENT OF JUDGES TO THE SUPREME COURT - PRESENT SYSTEM Constutional prowsion: Article 124(2) Clause (@) of Arte 124 int INDIAN NATIONAL MOVEMENT Mcas Indian National Movomont 1. Io the 19th century, India's struggle for Independence was a natonal mov. p See eestontc cutrune — PREHISTORIC BY CULTURE introduction - The earl. '— INDIAN NATIONAL MOVEMENT Mcas Indian National Movement 1. Lala Hardyal ofthe Ghadar ‘movement cannot be taid to have a ‘Today's Editorial 02 March 2014 ‘Case of the missing files Source: By Nitypom Som: The ‘Statesman Among the long Ist of great men to whom India owes her [GEOGRAPHY IAS MAINS : MAPPING - INDIA GEOGRAPHY IAS MAINS : MAPPING — INDIA 1991 - 2009 Mountains, His, Plateaus +. Parashnath Hil Notes of NIOS for UPSC preparation Indian Culture & Hertage Notes of NIOS Click ME Scionce & Technology Notes of NIOS Click‘SUBSCRIBE TO Posts . GAN Comments Picture Window tempiate, Powered by Blogger