salient features of Right to Information Act, 2005

 Q. Discuss the salient features of Right to Information Act, 2005. 

Ans. The salient features of Right to Information Act, 2005 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. The 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. This Act is applicable to all public authorities such as all central and state government ministries, departments, organisations, undertakings, autonomous bodies, municipalities, Panchayat, etc. enacted by law and also covers the Union Territories, Election Commission, Auditor General, Public Service Commission and the judiciary and the legislature are covered under its purview. Interal and Foreign private institutions situated (working) within the country have been kept out of its purview. 

5. The Act requires the public authority and its officers to maintain and keep ready its records and machinery so as to facilitate the right to Information.

6. 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. 

7. 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. 

8. The fee for seeking information shall be reasonable. There shall be no fee for citizens below poverty line.

9. The Act provides for Constitution of a Central Information Commission at the highest level and State Information Commission at state level. There shall be Chief Information Commissioner and Information Commissioner in both the Commissions. 

10. The Act provides for two-level forum for making appeal, i.e. appeal shall be filed at two levels.

– One within the organisation to the senior officer to the Public Information officer known as First Appellate Authority.

– The second appeal shall be filed with the Central or State Information Commission, as the case may be. 

11. The Act provides that if the concerned Public Information Officer does not 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 a 30 days of the receipt of the appeal or within such extended period not exceeding a total of 45 days from the date of filling.

12. The provisions of this Act are of overriding nature and these provisions cannot be made ineffective by proceedings of the lower courts. 

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 forward a copy 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 (मिली हुई है) under this Act, shall check out programmes 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 per day for the delay period subject to the total amount of such penalty not exceeding ₹ 25,000.

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 other, 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.

The salient features of Right to Information Act, 2005