• RIGHT TO INFORMATION

    The Right to Information Act, 2005 was passed by the Lok Sabha on 11th May, 2005 and by the Rajya Sabha on 12th May , 2005 and it received the assent on 15th June , 2005.


    THE RIGHT TO INFORMATION ACT , 2005

    The Act overrides the official Secrets Act , 1923, that information commission can allow access to information if public interest overweighs harm to protected persons .


    PUBLIC INFORMATION OFFICERS

    • • Public Information Officers (PIOs) are officers designated by the public authorities in all administrative units or offices under it o provide information under the Act.

    • • The duties of a PIO are following :

    • • PIO Shall deal with requests from persons seeking information and where the request cannot be made in writing , to render reasonable assistance .

    • • PIO shall either provide the information within 30 days of receipt of the request .

    • • Where a request has been rejected, the PIO shall communicate to the reasons for such rejection.

    • What Information Excluded From disclosure:

    • • That affect the sovereignty & integrity of India.

    • • Expressly forbidden by any court or tribunal to be published .

    • • Cause a breach of privilege of Parliament of the state Legislature commercial confidence , trade secrets or intellectual property available to a person in his fiduciary relationship.

    • • Received in confidence from foreign government , the disclosure of which would endanger the life or physical safety of any person .

    • • Impede process of investigation .

    • • Cabinet papers including records of deliberations of the Council of Ministers .

    • • Personal information, the disclosure of which has no relationship to any public .

    • • All exempted information can be disclosed after 20 years with few exemptions .

    Applications for information

    • •Application procedure for requesting information is to applying writing or through electronic means in English or Hindi or in the official language of the area , to the PIO ; reasons for seeking information are required to be given .

    • • The time limit to get the information.

    • • 30 day from the date of application .

    • • 48 hours for information concerning the life or liberty of a person liberty of a person .

    • • If the interests of a third party are involved then time limit will be 40 days .

    • • No fees will be charged from people living below the poverty line.

    • • It carries strict penalties for failing to provide information which include departmental proceedings against the erring official, and a fine of Rs . 250 per day (subject to a maximum of Rs 25000) if information is delayed beyond 30 days without reasonable cause.

    • • The appeal against denial of information lies first to superior PIO , then to Information Commission and then to High Court .

    1. From Centre :: PM as Chairman + All union Cabinet Minister (Since 1967) .

    2. From States : : All CMs + administrators of UTs .

    3. Members of Planning Commission .

    Secretary of PC also acts as the Secretary to NDC.