Articles by "RTI"

 RTI Act 2005 of India

Government information disclosure is conducive to the development of transparent government management, strict performance of responsibilities and obligations, and improvement of public participation. It is also conducive to the establishment of a more just and effective government governance model, which helps to enhance public confidence in the government.

However, the disclosure of government information is likely to conflict with other government events, such as how the government operates effectively, how to better use government financial resources, and how to strengthen the protection of sensitive and confidential information.

India’s RTI Act 2005 aka Right to Information Act, 2005 published in 2005 stipulates that the public has the right to obtain information, and public management agencies have the obligation to provide information, which provides legal protection for the Indian public to obtain government information and improve the transparency of government work.

 

India's Right to Information Act, 2005 was formally promulgated on June 21, 2005. Some provisions of the bill will be implemented from the date of approval, and other provisions will take effect on October 120, 2005, the 120th day after the promulgation of the law.

The introduction of the bill made India join the 55 countries that have enacted a bill to protect the right to public information.

The bill includes central and state government agencies, village councils, local groups, and some non-governmental organizations. All areas except Jammu and Kashmir must comply with the bill.

The Right to Information Act, 2005 is a revision based on the Freedom of Information Act 2002. The "Information Freedom Act 2002" is repealed from the date of promulgation of the "Information Rights Act 2005".



    I. Main provisions of the Right to Information Act, 2005

    The "Information Rights Law 2005" addresses issues such as the management of government information disclosure, government information disclosure applications and application processing procedures, information exempt from disclosure and agencies that do not apply to the law, third-party agencies, and annual implementation summary and training. Regulations.

     

    (1) Management of government information disclosure

    The law stipulates that each public authority (PA, Public Authority) must establish its own directory of information resources within 120 days of the publication of the bill, including documents, notices, statements, and government civil servants.

    At the same time, public administration agencies should also consider transmitting government information to the public in the most effective way through local languages.

    Within 100 days after the promulgation of the bill, public management agencies should establish a public information officer (PIO), including a central government public information officer and a state government public information officer, responsible for processing public information requests and providing information to the public. Designate an auxiliary public information officer to assist the public information officer in carrying out his work.

     

    Another important provision in the Right to Information Act, 2005 is the establishment of information management committees, including the Central Information Management Committee and the State Information Management Committee.

    The responsibility of the Information Management Committee is to protect the public’s right to know and provide the public with access to information. At the same time, the Information Management Committee also has the power of a civil court.


    When the public’s right to know is violated, it can appeal to the Information Management Committee within 30 days after receiving the notice.

     

    RTI Act 2005 India. Right to Information Act, 2005

    The Central Information Management Committee is established by the Central Government, with its headquarters in New Delhi and branches in various regions of the country.

    At present, the Central Information Management Committee of India has been established, and appointed one chief information committee and four central information committees, and clarified their respective responsibilities and tasks.

    The establishment of information management committees of various states is also proceeding in an orderly manner in accordance with the provisions of the Information Rights Act 2005.

     

    (2) Government information disclosure application and application processing flow

    If the public needs information from a certain department (must be within the scope of the Act), it must submit an application to the department’s public information officer and pay the fee. After receiving the application and fee, the public information officer must respond within 30 days.

    If the application involves another government agency that controls the information, the response time is allowed to be extended for 15 days.

    But when it involves personal life and freedom, the public information officer must reply within 48 hours.

    If the application is determined to be approved, the public information officer will send the applicant more detailed information including information costs.

    If the application is rejected, the public information officer must inform the applicant of the reason for rejection, and the applicant can appeal if he is not satisfied with the treatment.

    The Act also stipulates that institutions that fail to provide information in a timely manner and refuse to process information applications, provide wrong, incomplete or misleading information, and destroy information should be penalized accordingly.

     

    At present, India has opened the "Information Rights Act 2005" portal website (www.rti.gov.in), which will collect information from public information officers of various government departments, information management committees, domestic information disclosure progress and foreign Information Rights Act 2005's views and related news, etc.

    At the same time provide links to various government departments, so that the public can more easily access government information.

    At present, various government agencies in India have begun to appoint their own information disclosure officials and set up related agencies, establish information databases or complaint databases, and answer questions raised by the public at any time.

    The same time, the website also provides an application processing process for government information disclosure.

     

    (3) Information exempted from disclosure and government agencies not applicable to the law

    Right to Information Act, 2005 clearly stipulates the information exemption clause, which aims to protect special types of information.

     

    Information exempted from disclosure includes:

    information whose disclosure may affect national sovereignty, security, strategy, scientific and technological and economic interests, etc., or lead to national defense security

    Iinformation restricted by any court and tribunal, or contempt of court information.

    Its public disclosure will Information that would undermine the interests of parliament or state legislature; information containing trade secrets, transaction secrets or intellectual property, whose disclosure would damage the rights and interests of third parties.

    Existing information on personal credit (unless guaranteed by a government agency)

    Information secretly obtained from foreign governments.

    Iinformation that poses a danger to personal life or physical safety and is used to help enforce law enforcement.

    Information that hinders the investigation, arrest, or prosecution of criminal acts.

    Cabinet documents, including the records of ministerial meetings and Opinions and suggestions made by or for government agencies and their ministers.

    Personal information that is not related to any public behavior and public interest, without the consent of the Central Public Information Officer and the State Public Information Officer or the Appellate Body, once leaked will violate the personal information Right to privacy.

    If the public interest exceeds protector of the interests of the public body may allow viewing of information.

     

    Right to Information Act, 2005 Exemptions

    Although the Right to Information Act, 2005 stipulates information exemptions, it does not mean that all materials containing exempt information will not be disclosed by the government.

    If the public interest exceeds the interest of the protected person, the information will be made public. At the same time, the law also stipulates the principle of severability.

    The government should provide all publicly available information that can be separated from materials that are exempt from disclosure.

     

    The Information Rights Act 2005 also stipulates institutions and organizations that do not apply the law, mainly intelligence and security organizations established by the central government, including: Intelligence Bureau, Central Economic Intelligence Agency, World Security Agency, Central Reserve Police, National Security Forces , Special Service Bureau, Aerospace Research Center, Narcotics Control Bureau, etc.

     

    (4) Third-party organizations

    The Information Rights Act 2005 also stipulates that if the information to be disclosed involves a third-party organization or needs to be provided by a third-party organization, the Central Public Information Officer and State Public Information Officer must give the third-party organization within 5 days of receiving the request a written notice asking the third party to provide information, the third party will consider whether the information is made public.

    Under the premise that commercial confidential information is protected by law, if the public interest is higher than the interest of third parties, the information can be disclosed.

    The third party agency will respond to the notice within 10 days of receiving the notice.

    After the third-party organization determines whether the information can be disclosed, the Central Public Information Officer and the State Public Information Officer determine whether it will be disclosed within 40 days of receiving the request.

     

    (5) Annual summary and training

    India’s Right to Information Act, 2005 requires the Central Information Management Committee or State Information Management Committee to submit annual reports on the implementation of the law, including:

    The number of applications for information disclosure received by the department

    The number of applications processed, and the processing Time

    Tthe number of appeals filed with the Information Management Committee and the outcome of appeals

    The total fees charged by the department, and other management reforms.


    Information Management Committee

    Each public agency has the responsibility to collect information on the implementation of the law by the department for the Information Management Committee and assist the Information Management Committee in completing the report.

     

    At the same time, the law encourages the government to develop and carry out training projects to train public information officers for the government, and to raise the awareness of government officials and the public about government information disclosure.

    To train the regulations in the bill to improve public understanding and awareness of the bill.

    Government departments at all levels should participate in the development and organization of information disclosure projects in accordance with the provisions of the Right to Information Act, 2005:

    Encourage and supervise the provision of accurate information to the public

    Train public information officers and develop training materials

    Publish user guides to increase public awareness and understanding of government information disclosure.

     

    II. The Enlightenment of India's Right to Information Act, 2005

    (1) Promote government information disclosure in the form of legislation

    Information disclosure is an inevitable requirement of modern democratic politics for national administrative organs, and it is also a common practice of modern governments.

    The United States, the United Kingdom and other countries have formulated relevant laws and regulations in recent years, such as the Information Disclosure Law and the E-Government Law.

    Government information is public.

    The Chinese government has been discussing the issue of government information disclosure for a long time, and local governments in various regions have also issued their own "Information Disclosure Regulations".

    China should establish and improve the government information disclosure system as soon as possible, strictly implement it in the actual work of government departments at all levels, further promote government information disclosure, and expand the public’s right to know.

     

    (2) Designate special government agencies and government officials to be responsible for information disclosure

    India’s Right to Information Act, 2005 stipulates that the Information Management Committee and the Public Information Officer shall be responsible for matters related to information disclosure, and gives the Information Management Committee the power of civil courts, which provides institutional and legal guarantees for ensuring government information disclosure.

    China should further improve the corresponding government information disclosure management system on the basis of establishing and perfecting relevant systems, and regulate, supervise and restrict the management system to ensure that the public’s right to know information is not infringed.

     

    (3) Take public interest as the highest interest

    For information exempt from disclosure, India’s Right to Information Act, 2005 stipulates that if the public interest is greater than the interests of the protected person, the information should be disclosed. The law always regards "public interest" as the highest interest.

    In formulating information disclosure laws or systems, China should also take the interests of the people as the highest interest, clarify the principles of information disclosure and confidentiality, and delimit the scope of government information that can be disclosed.

     

    (4) Formulate strict government information disclosure process

    Disclosure of government information will involve different government departments, with many work contents and complicated work links. In order to ensure the smooth progress of information disclosure, government departments at all levels in our country should formulate a standard workflow for government information disclosure.

     

    In short, we should systematically analyze and learn from the laws and regulations on government information disclosure in countries around the world, actively promote and steadily promote government information disclosure on the premise of ensuring national secrets, business secrets and personal privacy, and gradually establish the government information disclosure system, including institutions and management systems, promotes the process of government information disclosure and maximizes the development and use of China's government information resources.

     


    Sample RTI Petition under the Right to Information Act 2005

    Right to Information Act Sample Petition Draft simulation via pictoral view, RTI Act 2005 application Draft Sample
    RTI Act



    The Public Information Officer
    Home Department
    First, Second and Third Floor,
    Lal Bahadur Shastri Bhawan ( Annexy Building )
    ______________________ ,
    _______________________
    Ph. No.: ++++++++++++++++++++++| Fax : ++++++++++++| Email: s++++++++@nic.in

    SUBJECT: Information sought under clause 7(1) of the RTI Act 2005. Section 6/3 to be used where ever applicable.


    1.    Has any complaint dealt by ______ Officer of police viz. Mr. _______ during the calendar year 2017 and 2018 that was made via IGRS portal (jansunwai portal) against the accused ___________?

    2.    As asked in point 1 above were call records obtained by the CO Mr _______? If yes, were the calls being made from the complainant to the accused Mr. _______  or the accused to the complainant?

    3.    In the case referred to in the point 1 above has any complaint been made against the then CO _____________, and what is the status?

    4.    Has the CO Ghaziabad viz. ____________ issued a report against the complainant as in point 1 above? What were his findings and the base or proof thereof?

    5.    Has the appropriate procedure followed by the CO ______ according to the relevant rules in handling the complaint in point 1 above. Specify all the rules and corresponding actions taken or inactions made by _________.

    Requisite RTI fees has been enclosed vide rupees note no. _________.

    Yours faithfully,

    ________________
    +++++++++++Ph. ++++++++++| _______@______.org| http://_______




    RTI Petition 2

    The Public Information Officer
    Room No.- 305, (Third Floor) Lal Bahadur Shastri Bhawan,
    (Annexy Building ) __________________________
    Sir,
    SUBJECT: Information sought under clause 7(1) of the RTI Act 2005.
      1.     To who all does Mr. __________, who was serving as Circle Officer, _______ Police at least during February, 2018 report to? Please specify names, designations and posting locations currently.
      2.     Who all directly report to does Mr. __________, who was serving as Circle Officer, ___________ Police at least during February, 2018?
      3.     How many total complaints have been received against Mr. __________ as referred to above since his joining ______ police services including fake encounters, creating fabricated cases or implicating innocent people in crimes, and what is the status of such complaints? Which complaints against him have been lodged in his service records?
      4.     Has any departmental action ever been taken against Mr. __________ as referred to above since his joining ______ police services including those on CM office order?
      5.     During police services above referred Mr. __________ uses prefix as Dr. to his name. Are records of his degree available with the police department that confers him using such title as Dr.? In case it is not available with the police department please enable such degree copy and furnish as information as ideally it should be with the police department as he uses such title while police official work and the RTI Act provides for facilitation of information which should ideally be there under ordinary course of work of the department.
      6.     Please furnish full service records of above mentioned Mr. __________ since his joining ____ police along with the procedure followed for his appointment, postings and promotions till date.
      7.     Is any complaint under Human Rights pending against above mentioned Mr. __________.
      8.     Since April 2010 how much petrol in quantity has been consumed by above mentioned Mr. __________ for his government provided vehicle?
      9.     List all the facilities along with budget for each enjoyed by above mentioned Mr. __________ from government funds under his police service?
      10.    Is any corruption or criminal misconduct based complaint pending against above mentioned Mr. __________ with Public Ombudsman (Lokayukta), ____?
    Please use section 6/3 of the RTI Act positively, where ever needed. 

    Requisite RTI fees has been enclosed vide postal order no. ______________.

    Yours faithfully,

    ____________
    ___________________________________| ++++@+++++.com| https://_____.com



    Right to Information Draft Petition Infographic

    Drafting and sending RTI with Example

    One can take this RTI petition as a sample petition and draft their petition accordingly under the right to information.  
    Information seekers can send this RTI online or via post or via any APIOs or the CPIO himself.

    Do not forget to attach the relevant fee unless you are exempted.

    Application Petition under the RTI Act Section 6



     
     
     
     
     

    The Manual of Goa Laws (Vol. IV)–123–Right to Information Act and Rules

     

     

    Right to Information Act, 2005 Copy

    (Central Act No. 22 of 2005)

     

    The Manual of Goa Laws (Vol. IV)–124–  Right to Information Act & Rules 

     

    THE RIGHT TO INFORMATION ACT, 2005 

    1. The Right to Information Act, 2005, published in the Official Gazette, Series I No. 14 dated 7thJuly,2005.

    2. The Goa State Information Commission (Appeal Procedure) Rules, 2006.

    3. The Goa Right to Information (Regulation of Fee and Cost) Rules, 2006.

    • The Goa Right to Information (Regulation of Fee and Cost) (Amendment) Rules, 2007.
    • The Goa Right to Information (Regulation of Fee and Cost) (Second Amendment) Rules, 2008. 

    4.The Goa State Information Commission (Salaries, Allowance, Terms and Conditions of Services of Officers and other Employees) Rules, 2006.

     

    a. Notification u/s 24(4) of the Act.Arrangement of Sections

    1. Short title, extent and commencement

    2.  Definitions

    3. Right to information

    4. Obligations of public authorities

    5. Designation of Public Information Officers

    6. Request for obtaining information

    7 Disposal of request

    8. Exemption from disclosure of information

    9. Grounds for rejection to access in certain cases

    10.  Severability

    11. Third party information

    12. Constitution of Central Information Commission

    13. Term of office and conditions of service

    14. Removal of Chief Information Commissioner or Information Commissioner

    15. Constitution of State Information Commission

    16. Term of office and conditions of service

    17. Removal of State Chief Information Commissioner or State InformationCommissioner

    18. Powers and functions of Information Commissions

    19. Appeal

    20. Penalties

    21. Protection of action taken in good faith

    22. Act to have overriding effect

    23. Bar of jurisdiction of courts

    24. Act not to apply to certain organizations

    25. Monitoring and reporting

    26. Appropriate Government to prepare programmes

    27. Power to make rules by appropriate Government

    28. Power to make rules by competent authority

    29. Laying of rules

    30. Power to remove difficulties

    31. Repeal

    32. Government of Goa Notification

     

    The Manual of Goa Laws (Vol. IV)–125–Right to Information Act& Rules

    GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division__Notification10/2/2005-LAThe Right to Information Act, 2005 (Central Act No. 22 of 2005), which has been passed by the Parliament and assented to by the President of India on 15-6-2005 and published in the Gazette of India, Extraordinary, Part II, Section 1dated 21-6-2005, is hereby published for general information of the public. S. G. Marathe, Under Secretary (Drafting). Panaji, 7th July, 2005.

     

    The Right to Information Act, 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 Commission and for matters connected therewith or incidental thereto.Whereas the Constitution of India has established democratic Republic;.

    And whereas democracy requires an informed 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;

    And whereas it is necessary to harmonies 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.

     

    The Manual of Goa Laws (Vol. IV)–126–Right to Information Act& Rules

     

    Be it enacted by Parliament in the Fifty-sixth year of the Republic of India as follows: CHAPTER I Preliminary 

     

    1. Short title, extent and commencement-

     

    (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. Definitions

    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 means 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

     

    The Manual of Goa Laws (Vol. IV)–127–Right to Information Act & Rules

    (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 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

     

    The Manual of Goa Laws (Vol. IV)–129–Right to Information Act& Rules

     

    (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, reduced in an electronic form

     (xv) 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 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.

     

    The Manual of Goa Laws (Vol. IV)–132–Rightto Information Act& Rules

     

    (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.

     

     Exemption from disclosure of information-

    (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

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

     

     
     
     


    Tags: #RTI #Right to Information #Right to Information Act 2005 #RTI Amendment Act 2019 #RTI Petition #How to file RTI #Public Information Officer #PIO #CPIO, Copy of RTI Act 2005



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