Q. Explain the features and procedure of obtaining information under right to information act, 2005. [KUK 2017-18]
Ans. FEATURES OF RIGHT TO INFORMATION ACT,
PROCEDURE OF OBTAINING INFORMATION UNDER RIGHT TO INFORMATION ACT, 2005: The procedure of obtaining information under Right to Information Act is as under:
1. Request of obtaining information: A person, who desires to obtain any information under this act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed to the Public Information Officer (PIO) or Assistant Public Information Officer (APIO) as the case may be. Public Information Officer is an officer designated by the Public Authority in all administrative offices or units under it and Assistant Public Information Officer is an officer designated by the Public Authority at each sub-divisional or block levels. The duties of these officers are to receive the applications from the information seekers and provide them necessary information. If there is any prescribed format of seeking information, then the information-seeker must use that form. If there is no prescribed format of application for seeking information, the application can be made on plain paper. The application should have details of the information required as well as the name and complete postal address of the applicant.
Where request for obtaining information cannot be made by the applicant in writing, the concerned information officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
2. Depositing fees for obtaining information: For obtaining any information, the applicant is required to deposit a certain fees as prescribed by Central and State Governments. Different states have different fees for seeking information. The application fees for Central Government Departments is ₹ 10. The applicant may also be required to pay further fee towards the cost of providing information, the details of which shall be intimated (familiar) to the applicant by the public information officer. For obtaining information from Central Departments, the applicant is required to pay ₹ 2 for every page. The amount of fees differs from state to state. Similarly, for the inspection of documents a certain fees has been prescribed. Both at Centre and State levels, no fee for inspection of records, if such an inspection is made for one hour only. However, for every subsequent hour after one hour or a fraction thereof, the fee is ₹ 5. This position (fee structure) is applicable to Central Government Departments. State Governments have different fee rules. The fee is deposited in the name of concerned Public Information Officer/Assistant Public Information Officer. The modes of paying fees are Cash, Demand Draft, Banker’s Cheque, Indian Postal Order or Treasury Challan. Different State Governments have framed different rules for depositing application fee for seeking information.
There is no fee (Application fee or other additional fee) for citizens below poverty line.
3. Disposal of Request
Following are the provisions of Right to Information Act regarding Disposal of Request for obtaining information:
(i) In general cases, normally the request for information shall be disposed by the concerned information officer within 30 days of receipt of request.
(ii) where the information sought for concerns with the life or liberty of a person, the same shall be provided within 48 hours of the receipt of the request.
(iii) where the information sought (relates) to third party, the same shall be provided within 40 days of the receipt of request.
(iv) If the information sought relates to allegations of human rights violations against the listed intelligence and security organisations, the same shall be provided within 45 days of the receipt of request.
(v) If the concerned information officer does not provide information within the specified period, it shall be taken as a deemed refusal against which the applicant seeking information can file his first appeal to the next senior rank information officer.
(vi) Where a request has been rejected, the concerned Public Information Officer shall communicate to the person making request:
(a) The reason for such rejection,
(b) The period within which an appeal against such rejection and to whom may be preferred, and
(c) The particulars of the appellate authority.
4. Appeals: The applicant can file appeal if there is delay in disposal of request or the information has been denied or the information given is found to be incorrect. Appeal can 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 may be filed with the Central or State information commission, as the case may be. The Central and State Governments have framed rules laying down the procedure for filing appeals. The appeals in respect of Union Territories can be filed before the Central Information Commission.
First Appeal:
Any person who does not receive a decision or request for information within the stipulated (specified) time or is aggrieved by a decision of the Public Information Officer may file first appeal of the Right to Information Act. First appeal can be filed within 30 days from the receipt of decision of Public Information Officer, and if no decision is given within 60 days from the date of making a request for information. No fee is charged for filling first appeal, though some states have prescribed a certain fee.
No format has been prescribed for filing first appeal. So, the first appeal can be filed on a plain paper. A copy of the original application which was sent to Public Information Officer for desired information along with reply letter of the Public Information Officer (if any) must be attached to the appeal application. First appeal has to be disposed of within 30 days from the date of its receipt. This period is extendable by 15 days if necessary. So if you do not obtain desired information even after making first appeal, you can file second appeal to the next level Appellate officer (Authority).
Second Appeal:
Second appeal is the last resort (help) for obtaining information under Right to Information Act. Second appeal can be filed with the information commission. A second appeal against the decisions of the State Government Departments can be filed with State Information Commission whereas appeal against Central Government Departments can be filed with the Central Information Commission. Though no fees has been prescribed for filing appeals before the Central Information Commission, some states have fixed fees for filing appeals with their State Commission. In case the applicant is still aggrieved by the decision of the First Appellate Authority, then he can file one more appeal (second appeal) with the commission. The second appeal shall lie within 90 days from the date on which decision should have been made or was actually received. However, the Central or State information commission may admit the appeal after the expiry of period of 90 days if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
No format has been prescribed for filing second appeal too. So, the second appeal can also be filed on a plain paper. Though there is no time limit for the disposal of appeal by the commission but Central or State Commission gives its decision within 90 days of filing the appeal. The decision of Central or State Commission gives its decision within 90 days of filing the appeal. The decision of Central or State Commission shall be binding but an appeal can be filed in the High Court and Supreme Court against the decision of the Commission.
features and procedure of obtaining information under right to information act, 2005.
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