Monday, 14 February 2022

What is Right to information act ?

 Right to Information:

Right to information means the statutory right of a citizen of India to seek information from government and public sector offices, institutions and non-government organisations which are situated in India and are owned, controlled or substantially financed by funds provided directly or indirectly by the Central Government or State Government, regarding their functions and activities. It also includes the right to -

  • Inspect works, documents, records, 
  • take notes, extracts or certified copies of documents or records, 
  • take certified samples of material,
  • obtain information in the form of disketters, 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. 

Objectives of Right to Information Act:

The basic objective of Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption and make the democracy work for the people in real sense. Thus, this act was passed with the following objectives :

  • To provide for setting out practical regime of right to information for citizens to secure access to information under the control of public authorities. 
  • To promote transparency and accountability in the working of every public authority. 
  • To set up Central Information Commission and State Information Commission for the matters concerned therewith. 
  • To contain corruption and to hold governments and their instrumentalities accountable to the governed. 
  • To harmonise revelation of information with public interests including efficient operations of the governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitized information. 

Silent features of Right to Information Act, 2005 -

The silent features of Right to Information Act are as under :

  1. This act may be called Right to Information act, 2005.
  2. This act defines 'Appropriate Government' which may be termed as public authority. 
  3. This Public Authority is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the Central Government or the Union Territory or State Government. 
  4. Public Authority means any authority or body or institution of self-government established or constituted by or under the Constitution, by any other law made by Parliament, by any other law made by State Legislature, by notification issued or order made by the Appropriate Government and includes any- body owned, controlled or substantially financed, non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government. 
  5. This act is applicable to all public authorities viz., all central and state government ministries, departments, organisations, municipalities, panchayat, etc. enacted by law and also covers the Union Territories. Election Commission, Comptroller and Auditor General, Public Service Commission, the judiciary and the legislature including the Parliament and State Legislature are also covered under it's purview. Internal and Foreign private institutions situated (working) within the country have been kept out of its purview. 
  6. The act requires the public authority and it's officers to maintain and keep ready it's records and machinery so as to facilitate the right to information. 
  7. The act provides that if the information sought for relates to another office or another public information officer, then the Public Information Officer receiving the application for information can transfer the application to the Public Information Officer of the concerned office. 
  8. In general cases, normally the request for information shall be disposed by the concerned information officer within 30 days of the receipt of request. Where the information sought relates (pertains) to third party, the same shall be provided within 40 days of the receipt of request. But if the information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours of the receipt of request. 
  9. The fee for seeking information shall be reasonable. There shall be no fee for citizens below poverty line. 
  10. The act provides for Constitution of a Central Information Commission at the highest level and State Information Commissions at state level. There shall be Chief Information Commissioner and Information Commissioners in both the Commissions. 
  11. The act provides that if the concerned Public Information Officer soes new furnish the required information within specified period or refuses to provide information, the applicant making request for information shall file an appeal within 30 days of the date of such refusal. An appeal shall be disposed of within 30 days of the receipt of the appeal or within such extended period exceeding a total of 45 days from the date of filing. 
  12. The provisions of this act are of overriding nature and these provisions cannot be made ineffective by proceedings of the lower courts. No lower court shall entertain any suit, application or other proceeding in respect of a by order made under this act, i.e., lower courts are barred from entertaining suits or applications against any order made under this Act. 
  13. The Central and State Information Commissions shall, after the end of each year, prepare a report on the implementation of this Act during that year and foreword a copy thereof to the appropriate Government which shall be laid down before each House of Parliament or State Legislature as the case may be. 
  14. The Central Government, by using power vested under this Act, shall chalk out programs to advance the understanding of the public and develop (promote) the information machinery. 
  15. If any Public Information Officer neither furnishes the information nor refuses to furnish the information within specified time, he shall be penalised with 250 rupees per day for the delay period subject to the total amount of such penalty not exceeding 25,000 rupees. 
  16. The amount of fee deposited by the applicant for seeking information shall have to be returned, if information is not furnished within specified period. 
  17. If any person, with one reason or the order, is unable to give written application for seeking information, he can tell it orally to the concerned Public Information Officer and it will be taken as his oral request for seeking information. 
In such cases, the concerned Public Information Officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing. 

Note-
  • This act may be called the Right to Information Act, 2005.
  • It extends to the whole India. 
  • This Act came into force on the 12 th October, 2005.

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