Right to Information Act 2005,RTI ACT 2005
| RTI Act 2005,Right to information Act,2005,Right to information act explained,RTI Act,RTI News |
PRLog (Press Release) – Feb 11, 2011 – Guidelines For Seeking Information Under (RTI)Right to Information Act, 2005
Object of the Right to Information Act
The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.
What is Information
Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Right to Information under the Act
1. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copied of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.
2. The public authority under the RIT Act is not supposed to create information;
3. A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-out provided information is already stored in a computer or in any other device from which the information may be transferred to diskettes.
4. The information to the applicant shall ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
5. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any Corporation, Association, Company, NOG etc. who is also a citizen of India, information shall be supplied to him/her, provided the applicant given his/her full name. In such cases, it will be presumed that a citizen has sought information at the address of the Corporation etc.
Exemptions from Disclosure
The right to seek information from a public authority is not absolute. Sections 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure. At the same time Schedule II of the Act contains the names of the Intelligence and Security Organisations which are exempt from the purview of the Act. The exemption of the organization, however, does not cover supply of information relating to allegations of corruption and human rights violations.
The applicants should abstain from seeking information which is exempt under Section 8 and 9 and also from the organizations included in the Second Schedule except information relating to allegations of corruption and human right violations.
Central Public Information Officers
Application for seeking information should be made to an officer of the public authority who is designated as Central Public Information Officer (CPIO). All the public authorities have designated their Central Public Information Officer and have posted their particulars on their respective web-sites. This information is also available on the ‘RTI PORTAL’ (www.rti.gov.in)
Assistance Available From CPIOs
The Central Public Information Officer shall render reasonable assistance to the persons seeking information. If a person is unable to make a request in writing, he may seek the help of the CPIO to write his application. Where a decision is taken to give access to a sensorily disabled person to any document, the Central Public Information Officer, shall provided such assistance to enable access to information, including providing such assistance to the person as may be appropriate for the inspection.
Suo Motu Disclosure
The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the particulars of its organization, functions, duties etc. as provided in section 4 of the Act. Besides, some public authorities under the Central Government have published other information and have posted them on their websites.
Method of Seeking Information
A citizen who desires to obtain any information under the Act, should make an application to the Central Public Information Officer (CPIO) of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through a Central Assistant Public Information Officer appointed by the Department of Post at sub-divisional level or other sub-district level.
Fee for Seeking Information
The applicant, along with the application, should send a demand draft or a banker’s cheque or an Indian Postal Order of Rs10/- (Rupees ten), payable to the Accounts Office of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Account Officer of the Public authority or to the Central Assistant Public Information Officer against proper receipt.
Object of the Right to Information Act
The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.
What is Information
Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Right to Information under the Act
1. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copied of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.
2. The public authority under the RIT Act is not supposed to create information;
3. A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-out provided information is already stored in a computer or in any other device from which the information may be transferred to diskettes.
4. The information to the applicant shall ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
5. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any Corporation, Association, Company, NOG etc. who is also a citizen of India, information shall be supplied to him/her, provided the applicant given his/her full name. In such cases, it will be presumed that a citizen has sought information at the address of the Corporation etc.
Exemptions from Disclosure
The right to seek information from a public authority is not absolute. Sections 8 and 9 of the Act enumerate the categories of information which are exempt from disclosure. At the same time Schedule II of the Act contains the names of the Intelligence and Security Organisations which are exempt from the purview of the Act. The exemption of the organization, however, does not cover supply of information relating to allegations of corruption and human rights violations.
The applicants should abstain from seeking information which is exempt under Section 8 and 9 and also from the organizations included in the Second Schedule except information relating to allegations of corruption and human right violations.
Central Public Information Officers
Application for seeking information should be made to an officer of the public authority who is designated as Central Public Information Officer (CPIO). All the public authorities have designated their Central Public Information Officer and have posted their particulars on their respective web-sites. This information is also available on the ‘RTI PORTAL’ (www.rti.gov.in)
Assistance Available From CPIOs
The Central Public Information Officer shall render reasonable assistance to the persons seeking information. If a person is unable to make a request in writing, he may seek the help of the CPIO to write his application. Where a decision is taken to give access to a sensorily disabled person to any document, the Central Public Information Officer, shall provided such assistance to enable access to information, including providing such assistance to the person as may be appropriate for the inspection.
Suo Motu Disclosure
The Act makes it obligatory for every public authority to make suo-motu disclosure in respect of the particulars of its organization, functions, duties etc. as provided in section 4 of the Act. Besides, some public authorities under the Central Government have published other information and have posted them on their websites.
Method of Seeking Information
A citizen who desires to obtain any information under the Act, should make an application to the Central Public Information Officer (CPIO) of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through a Central Assistant Public Information Officer appointed by the Department of Post at sub-divisional level or other sub-district level.
Fee for Seeking Information
The applicant, along with the application, should send a demand draft or a banker’s cheque or an Indian Postal Order of Rs10/- (Rupees ten), payable to the Accounts Office of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Account Officer of the Public authority or to the Central Assistant Public Information Officer against proper receipt.
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