Right to Information
Act, 2005
Guidelines for seeking information from Noida Authority
Short title, extent and commencement
Known as Right to Information Act, 2005.
Extends to whole of India except J&K.;
Has become enforceable with effect from 12th October,
2005
It is more powerful and stringent than Delhi RTI 2001
Coverage
Covers all public authorities, bodies or institutions
constituted by Parliament, Legislative Assembly.
Includes Parliament, Supreme Court/High Court/Lower
Courts, Bodies owned, controlled and substantially
financed.
Including Non-government organizations substantially
financed directly or indirectly.
Govt. empowered to notify or issue orders to include
such other bodies.
Citizens made the Master
The act provides for giving almost all information to
citizens barring a few exceptions.
It makes the citizen the Master.
They can now do social audit of any work through
getting information and examining it critically and
posing inconvenient questions.
Public Information Officers to give information
Public Information Officers to be appointed by Public
Authorities for handling applications received under the
Act (by 22.9.2005).
Assistant Public Information Officer to be appointed to
receive applications on behalf of the Public Authority
by( 22.9.2005.)
Assistant Public Information officers to be appointed
in each Sub-Division/Sub-Districts by (22.9.2005).
First Appellate Authority to be within the
department/organization by Public Authority
Right to Information
Right to Information includes:
Inspection of works, documents, records.
Taking notes, extracts, certified copies.
Taking certified samples of material.
Obtaining information in floppies, tapes etc.
Definition of Information
Information means any material in any form &
includes: -
Records, documents, memos, e-mail, opinion, advice,
orders, log book, contract, reports, papers, samples
etc.
Filing of application
Forms prescribed.
Applicant can file application in writing or through
electronic means in English or Hindi or local language.
PIO to assist disabled persons in writing down
requests.
Reasons for seeking information not required.
Personal information about applicant not to be asked
except for delivery of reply.
Fee
The following fee has been prescribed by GOI &
U.P.Govt.:
--Application Fee Rs 10/-
--Additional Page Rs 2/ per page A-4 or A-3
--Large size paper Actual Charges
--Sample or Model Actual cost
--Inspection of records First hour no fee there after
Rs 5/- per 15 minutes
--Floppy/Diskette Rs 50/-
--NO fee for Below Poverty Line
Mode of payment
The fee can be paid in any of the following modes:
--Cash
--Demand Draft
--Banker cheque
--Indian Postal Order
Disposal of request
In cases information is sought concerning life or
liberty, it is to be given in 48 hours.
Reply in other cases to be given in 30 days.
5 days to be added if the application is received
through SAPIO.
In case of third party 40 days.
Appeals
Appeals lie at two levels.
First appeal within department/ organization to senior
officer to State Public Information Officer within 30
days.
Second appeal before Central Information Commission
within 90 days.
Appeals to be decided within 30 days.
Third Party Information
Where information about third party is sought by the
applicant, a notice will be given to third party to
present his case within 5 days.
An opportunity of hearing will be given within 10 days.
Third party will have right to appeal.
Exemption from disclosure of information
As per section 8 the following type of information
shall not be obligatory to be given.
Concerning security and integrity of India.
Forbidden to be published by the court of law.
Disclosure of which leads to breach of privilege of
Parliament/Assembly.
Commercial confidence trade secrets and intellectual
property.
Information received in fiduciary relationship.
Information received in confidence from foreign
government.
Disclosure of which may endanger life and liberty.
Which impedes the process of a investigation.
Cabinet Papers including record or deliberation.
Personal information which has no relationship to any
public activity.
Leads to infringement of copyright.
Penalty Provisions
Can impose penalty @ Rs. 250/- for each day of delay
subject to a maximum of Rs. 25,000/-.
Can issue directions for disciplinary action against
PIO in cases of persistent default.
Opportunity of hearing to be given.
Need for prompt attention
All Officer and staff members need to be sensitized to
pay proper attention to this act.
Necessary preparatory measures for implementation
should be completed as per prescribed schedule in the
Act.
Officials need to be vigilant in disposal of requests
received under the Act.
All requests received under the Act need to be dealt
within time frame prescribed.
Other Important Points
Assistant Public Information Officer can receive
applications for any PIO.
First Appellate Authority should be senior to PIO.
PIO should be senior officers who should be able to
control work and dig out information as they have to
perform a quasi judicial information.
Clear demarcation of work should be done amongst the
PIO and Appellate Authorities to avoid confusion.
Notify the substantially financed bodies to bring them
under the purview of RTI.
Arrangement for receipt for application.
Arrangements for receipt of application & fee
should be suitably be made to facilitate the work.
Information counters should be setup near reception
counters.
The APIO/PIO/Appellate Authority should be easily
accessible to public.
Board depicting room number etc of PIO/APIO should be
available at the main entrance.
Role of Secretaries /HODs/CEOs
Appoint PIO/APIO
Appoint first appellate authority.
Identify bodies substantially financed to be brought
under the purview of the act.
Give wide publicity about the provisions of the act.
Organize internal workshops for sensitization of
officers and staff.
Ensure proper arrangements for receipt of
application/fee etc.
Provide requisite number of counters for guidance.
Prepare suo motu information and disseminate to the
maximum.
Monitor and control the working of all concerned
officers. |