Act and Rules
WHAT IS RIGHT TO INFORMATION ACT 2005?
1. The Government of India has enacted "The Right to Information Act 2005" which has come into effect w.e.f. 12.10.2005 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 Public authorities.
WHAT DOES RIGHT TO INFORMATION MEAN?
- It includes the right to access to the information which is held by or under the control of any public authority and includes the right to inspect the works, documents, records, take notes, extracts or certified copies of documents or records and take certified samples of the materials and obtain information in the form of printouts diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.
WHO CAN ASK FOR INFORMATION?
- Subject to the provisions of the Act, all citizens have the right to information. Since as per the Act information can be furnished only to citizens of India, the applicant for request will have to give citizen status. The applicant for request should also give contact details (postal address, telephone number, Fax number, e-mail address)
WHICH INFORMATION IS EXEMPT FROM DISCLOSURE?
- The Act provides under Sections 8 and 9, certain categories of information that are exempt from disclosure to the citizens. The citizens may therefore, refer to the aforesaid sections of the Act before submitting a request for information.
PROCEDURE FOR REQUEST FOR INFORMATION:
- A request seeking information shall be made to Central Public Information Officer in writing or through electronic means in English or Hindi or in the Official Language of the area in which application is made, specifying the particulars of information sought for along with the prescribed fee. Reasonable assistance shall be rendered to reduce the oral request to writing.
PAYMENT OF PRESCRIBED FEE:
- A request for obtaining information under sub-section (1) of Section 6 shall be accompanied by an application fee of rupees ten (Rs. 10/-) by way of cash against proper receipt or by demand draft or bankers cheque payable to the Bank and or by Indian Postal Order.
- For providing the information under sub-section (1) of Section 7, the fee shall be charged by way of cash against proper receipt or by demand draft or bankers cheque payable to the Bank at the following rates :- Rupees two (Rs. 2/-) for each page (in A4 or A3 size paper) created or copied : Actual charge or cost price of a copy in larger size paper Actual cost or price for samples or models; and For inspection of records, no fee for the first hour and a fee of rupees five (Rs. 5/-) for each subsequent hour (or fraction thereof)
- For providing the information under sub-section (5) of Section 7 the fee shall be charged by way of cash against proper receipt or by demand draft or bankers cheque payable to the Bank at the following rates :- For information provided in diskette or floppy rupees fifty (Rs. 50/-) per diskette or floppy : and For information provided in printed form at the price fixed for such publication or rupees two (Rs. 2/-) per page of photocopy for extracts from the publication.
- If further fees representing the cost of providing information is determined, then the same will be intimated in writing with calculation details of how the amount has been arrived at.
- Exemption for payment of Application Fee and cost of expenditure incurred in providing the information, in certain cases. Applicants who are below poverty line are exempted.
PROCESSING OF REQUEST AND GROUNDS FOR REJECTION IN CERTAIN CASES :
- The CPIO shall process the request for providing the information and dispose of the same either by providing the information or rejecting the request within the time.
- Central Public Information Officer may reject a Request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
PARTIAL DISCLOSURE OF INFORMATION:
- Access may be provided to that part of the record, which does not contain any information, which is exempt from disclosure, and which can reasonably be severed from any part that contains exempt information.