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right to information accessible under the RTI Act which is held by or under the control of any public authority

and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

Right to Information Act became effective from 12.10.05 and is applicable to the whole of India except Jammu & Kashmir. The law grants a right to the citizens to question their governments, inspect government records, take copies thereof and participate in day-to-day governance. Nothing is secret anymore. Before the Central law was enacted, Right to Information laws were passed by nine state Governments in the country viz, Tamil Nadu, Goa, Karnataka, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Assam and Jammu & Kashmir. After the enactment of the Central RTI Act, these state laws have become redundant now. Tamil Nadu was the first State to introduce the Right to Information Act in April 1996. Goa was the second State to enact the Right to Information legislation in 1997. Jammu & Kashmir passed the Jammu & Kashmir Right to Information Act in 2004. Section 6 of this Act provides 7 restrictions on right to information.

Section 3 of the Information [Section 2 (f)] any material in any form, including: records, circulars, orders, documents, logbooks, memos, contracts, e-mails, reports, opinions, advices, press releases papers samples

models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

It is very interesting to mention that the battle of RTI in India was fought by a common man living in far areas of Rajasthan. ARUNA ROY has been the motivational force behind the movement of RTI in India. She resigned the civil services job to become a social activist. Mazdoor Kisan Shakti Sangthan (MKSS) is a grassroots organization was founded in 1990 by Aruna Roy. MKSS has launched many campaigns and movement against administrative corruption and other malpractices. MKSS is famous for its JAN SUNVAI Campaigns.

CHRI (Commonwealth Human Rights Initiative) a NGO and National Campaign for Peoples Right to Information (NCPRI) both have put their efforts for introdicing the Bill. The Shourie committees report and draft law were published in 1997. the draft was criticized for not adopting the high standards of disclosure and was never introduced in Parliament.

Later on the Shourie draft was reworked into the Freedom of Information Bill, 2000. This bill was passed in December 2002. but a date for coming into force of bill was never notified. In May 2004, UPA Common Minimum Program (CMP) promised to make RTI act more progressive, participatory and meaningful. The Act formally came into force on 12 October, 2005.

Article 19 (Part III) of the Constitution of India, guarantees to all citizens, among other things, the Fundamental Right to Freedom of Speech and Expression, subject to certain reasonable restrictions. Right to receive and right to impart information have been held to be a part of freedom of speech and expression guaranteed by Article 19 (1) (a). Thus Right to know or Right to Information Act has been covered under Article 19.

Government runs on the money paid by people as taxes. People have a right to know how their money is being used. Right to Information allows people to do that. In a democracy, people are the masters. Government exists to serve them. People have a right to know how they are being governed. The Supreme Court has observed that Right to Information is a part of Right to Speech & Expression, which is a fundamental right under Article 19(1) of the Constitution. According to the Supreme Court, Right to Speech & Expression cannot be exercised without Right to Information. Ours is a representative democracy. We elect our representatives who then rule us in our name. We should have a right to question on them what decisions they take on our behalf and why such decisions are being taken.

Covers central, state and local governments, and all bodies owned, controlled or substantially financed; non-government organization substantially financed, directly or indirectly by funds provided by the appropriate Government . Covers executive, judiciary and legislature . Includes information relating to private bodies, which can be accessed under any other law for the time being in force .

Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO). Envisages PIO/APIO in each department/agency to receive requests and provide information. These will be existing officers. Information to be provided within 30 days. 48 hours where life or liberty is involved. 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/intelligence agencies. Time taken for calculation and intimation of fees excluded from the time frame. No action on application for 30 days is a deemed refusal. No fee for delayed response

First appeal with senior in the department. Second appeal with Information Commission. Appeal to be disposed of in 30-45 days.

Complaints against violation of the Act to Information Commission, which can impose penalties. For unreasonable delay Rs 250 per day up to Rs 25,000. For illegitimate refusal to accept application, malafide denial, knowingly providing false information, destruction of information, etc. up to Rs. 25,000 fine.

The Right to Information Act, 2005 envisages a legalinstitutional framework to establish and promote the practical regime of Right to Information for every citizen of the country. This framework comprises some critical authorities as follows: Public Authority is defined under Section 2 (h) of the Act as an authority or body or institutions of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government

1. Public Authorities

Central Public Information Officer or State Public Information Officer designated under the Act: to deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information, taking the assistance of any other officer, if considered necessary by him or her for the proper discharge of duties. to dispose request for information under the Act, either providing the information requested on payment of prescribed fee or rejecting the request for reasons to be specified within the time period stipulated.

Central Assistant Public Information Officer or State Assistant Public Information Officer designated under the Act: to receive applications for information or appeals under the Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or Appellate Officer or the Central Information Commission or the State Information Commission, as the case may be

Designated Appellate Officer (officer senior in rank to Public Information Officer) shall deal with and dispose appeals from any person who, does not receive a decision on request for information within the stipulated time or is aggrieved by a decision of the Public Information Officer. Appeal by a third party against an order made by a PIO

shall receive and inquire into complaints from any person relating to access to information held by or under the control of public authorities (may require public authorities to compensate the complainants, impose penalties on erring Public Information Officers and recommend disciplinary action against them. shall deal with and dispose appeals against the decisions of the designated appellate officers (may impose penalties on and recommend disciplinary action against erring Public Information Officers

In every Government Department whether State or Central Department one or more officers have been designated as Public Information Officers (PIOs). The PIO acts as the nodal officer for the implementation of Right to Information in that Department. He is supposed to receive applications from the people, collect information from that Department and then provide that information to the applicant. In some Departments, which are very huge, a number of officers have been designated as PIOs. Any person desirous of obtaining information should apply on a plain paper (some state governments have prescribed their own application forms) to the concerned PIO. You should deposit Rs 10 application fee. This could be deposited either in cash or through DD or postal order. However, these rules and fee are different for different state governments. For details, either see the website www.righttoinformation.org or contact respective department

it is very important the way you draft your questions. The information that you ask for should be very precise. If you ask vague questions, you will get vague answers. The trick is that you try to put yourself into the shoes of the PIO and ask yourself how would you have dodged the questions if you were the PIO and did not wish to provide information. This way, please try and sharpen your question as much as you can. Also, do not ask too many questions in one application. Though there is no bar on the number of questions that can be asked, however, it gives them an excuse that you have asked too many questions and are frivolous. So, if you wish to ask too much information, please break it up in several applications.

To, The Public Information Officer (Name of the Public Authority) (Address of the Public Authority) Sir / Madam: Sub: Request for Information under the Right to Information Act, 2005 [if applicable] Kindly, provide me the following information:. (Mention the information you want as specifically and clearly as possible and the period of time to which the information pertains) .......... .......... [if applicable] I request for receipt of the information in the following format(s) true copy / print out / diskette / floppy / tape / video cassettes / certified copies of documents or records in person / by post / by e-Mail. [if applicable] I would like to inspect the following works / documents / records / take notes / extracts.. (Mention clearly and specifically what is wanted for inspection). Kindly inform

[if applicable] Kindly, provide me certified samples of material (Mention specifically and clearly the material). I request for receipt of the certified samples (Describe) ... The details of fees paid be me are as follows (Specify)... /I belong to the Below Poverty Line Category [if applicable, attach a photocopy of the proof] and I am not required to pay any fees. Sincerely, (Applicants signature/Thumb Impression) Applicants Name: Applicants Address: Applicants Phone Number/e-Mail Address (optional): Place: Date:

If you do not receive information within 30 days or if you are not satisfied with the response received, you can file an appeal. The first appeal is to be filed with the officer senior to the PIO in the same Department. He is to take a decision within 30 days of your filing the appeal. If you do not get a satisfactory response within 30 days from the first appellate authority also, please file the second appeal with Information Commission. If you asked for information from a state government department, your appeal will go to State Information Commission. If it is Central government department, your appeal will go to Central Information Commission.

Don't pay bribes. Use Right to Information. Sanitation. Keep a check on government expenditure in your area. Public Distribution System Inspect Government works Hold your MLA accountable. Keep a check on misuse of official vehicles by bureaucrats and politicians. Hold the vigilance wing of the government accountable. Seek accountability from the Grievance Redressal Machinery of any Department

In a government of responsibility like ours where the agents of the public must be responsible for their conduct there can be but a few secrets. The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearings . Supreme Court in State of UP vs Raj Narain in 1975

Shri Satyananda Mishra Chief Information Commissioner Room No.306, II Floor August Kranti Bhavan Bhikaji Cama Place New Delhi - 110 066. Phone:- 011 - 26717355 E-mail :- s.mishra@nic.in www.cic.gov.in

Shri R.I. Singh State Chief Information Commissioner State Information Commission Punjab, SCO No.84-85, Sector 17-C, Chandigarh http://www.infocommpunjab.com

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