Right to information 2005
Right to information and obligations of public authorities
sec. 3. Subject to the provisions of this Act, all citizens shall have the right to information.
4. (1) Every public authority shall—
a) maintain all its records duly catalogued and indexed in a manner and the
form which facilitates the right to information under this Act and ensure that
all records that are appropriate to be computerised are, within a reasonable
time and subject to availability of resources, computerised and connected
through a network all over the country on different systems so that access to
such records is facilitated;
b) publish within one hundred and twenty days from the enactment of this
Act,—
(i) the par ticulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process,
including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by
it or under its control or used by its employees for discharging
its functions;
(vi) a statement of the categories of documents that are held by it or
under its control;
(vii) the particulars of any arrangement that exists for consultation
with, or representation by, the members of the public in relation
to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its part
or for the purpose of its advice, and as to whether meetings of
those boards, councils, committees and other bodies are open to
the public, or the minutes of such meetings are accessible for
public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided
in its regulations;
(xi) the budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports on
disbursements made;
(xii) the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such
programmes;
(xiii) particulars of recipients of concessions, permits or
authorisations granted by it;
(xiv) details in respect of the information, available to or held by it,
reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading
room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii) such other information as may be prescribed;
and thereafter update these publications every year;
c)
publish all relevant facts while formulating important
policies or announcing the decisions which affect public;
d) provide reasons for its administrative or quasi-judicial
Right to
information
SEC. 1 THE GAZETTE OF INDIA EXTRAORDINARY
5
decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in
accordance with the requirements of clause (b) of sub-section (1) to provide as much
information suo motu to the public at regular intervals through various means of
communications, including internet, so that the public have minimum resort to the use
of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated
widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication in that
local area and the information should be easily accessible, to the extent possible in
electronic format with the Central Public Information Officer or State Public
Information Officer, as the case may be, available free or at such cost of the medium
or the print cost price as may be prescribed.
Explanation.—For the purposes of sub-sections (3) and (4), "disseminated" means
making known or communicated the information to the public through notice boards,
newspapers, public announcements, media broadcasts, the internet or any other means,
including inspection of offices of any public authority.
5. (1) Every public authority shall, within one hundred days of the enactment of
this Act, designate as many officers as the Central Public Information Officers or State
Public Information Officers, as the case may be, in all administrative units or offices
under it as may be necessary to provide information to persons requesting for the
information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every public authority
shall designate an officer, within one hundred days of the enactment of this Act, at
each sub-divisional level or other sub-district level as a Central Assistant Public
Information Officer or a State Assistant Public Information Officer, as the case may
be, to receive the applications for information or appeals under this Act for forwarding
the same forthwith to the Central Public Information Officer or the State Public
Information Officer or senior officer specified under sub-section (1) of section 19 or
the Central Information Commission or the State Information Commission, as the case
may be:
Provided that where an application for information or appeal is given to a Central
Assistant Public Information Officer or a State Assistant Public Information Officer,
as the case may be, a period of five days shall be added in computing the period for
response specified under sub-section (1) of section 7.
(3) Every Central Public Information Officer or State Public Information Officer,
as the case may be, shall deal with requests from persons seeking information and
render reasonable assistance to the persons seeking such information.
(4) The Central Public Information Officer or State Public Information Officer,
as the case may be, may seek the assistance of any other officer as he or she considers
it necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall
render all assistance to the Central Public Information Officer or State Public
Information Officer, as the case may be, seeking his or her assistance and for the
purposes of any contravention of the provisions of this Act, such other officer shall be
treated as a Central Public Information Officer or State Public Information Officer, as
the case may be.
Designation
of Public
Information
Officers.
6 THE GAZETTER OF iNDIA EXTRAORDINARY [PART II—
6. (1) 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—
(a) the Central Public Information Officer or State Public Information Officer,
as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public
Information Officer or State Public Information Officer, as the case may be, shall
render all reasonable assistance to the person making the request orally to reduce the
same in writing.
(2) 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.
(3) Where an application is made to a public authority requesting for an
information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the
functions of another public authority,
the public authority, to which such application is made, shall transfer the application
or such part of it as may be appropriate to that other public authority and inform the
applicant immediately about such transfer:
Request for
obtaining
information.
Disposal of
request.
Provided that the transfer of an application pursuant to this sub-section shall be made
as soon as practicable but in no case later than five days from the date of receipt of the
application.
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to subsection (3) of section 6, the Central Public Information Officer or State Public
Information Officer, as the case may be, on receipt of a request undersection 6 shall,
as expeditiously as possible, and in any case within thirty days of the receipt of the
request, either provide the information on payment of such fee as may be prescribed or
reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person,
the same shall be provided within forty-eight hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public Information Officer,
as the case may be, fails to give decision on the request for information within the
period specified under sub-section (1), the Central Public Information Officer or State
Public Information Officer, as the case may be, shall be deemed to have refused the
request.
(3) Where a decision is taken to provide the information on payment of any
further fee representing the cost of providing the information, the Central Public
Information Officer or State Public Information Officer, as the case may be, shall send
an intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the
information as determined by him, together with the calculations made
Right to information 2005
Right to information and obligations of public authorities
x
Comments
Post a Comment