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1. When does it come into force?
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28). |
2. Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)] |
3. What does information mean?
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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[S.2(f)]. |
4. What does Right to Information mean?
It includes the right to -
- inspect works, documents,
records.
- take notes, extracts or
certified copies of documents or records.
- take certified samples of
material.
- obtain information in form
of printouts, diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts.[S.2(j)]
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5. What are the obligations of public authority?
It shall publish
within one hundred and twenty days of the enactment:-
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the particulars of
its organization, functions and duties;
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the powers and
duties of its officers and employees;
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the procedure
followed in its decision making process, including channels of
supervision and accountability;
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the norms set by
it for the discharge of its functions;
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the rules,
regulations, instructions, manuals and records used by its employees for
discharging its functions;
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a statement of the
categories of the documents held by it or under its control;
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the particulars of
any arrangement that exists for consultation with, or representation by
the members of the public, in relation to the formulation of policy or
implementation thereof;
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a statement of the
boards, councils, committees and other bodies consisting of two or more
persons constituted by it. Additionally, information as to whether the
meetings of these are open to the public, or the minutes' of such
meetings are accessible to the public;
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a directory of its
officers and employees;
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the monthly
remuneration received by each of its officers and employees, including
the system of compensation as provided in its regulations;
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the budget
allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements
made;
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the manner of
execution of subsidy programmes, including the amounts allocated and the
details and beneficiaries of such programmes;
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particulars of
recipients of concessions, permits or authorizations granted by
it;
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details of the
information available to, or held by it, reduced in an electronic
form;
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;
the names,
designations and other particulars of the Public Information
Officers.[S.4(1)(b)]
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6. What is not open to disclosure?
The following is exempt from disclosure [S.8)]
- information, disclosure of
which would prejudicially affect the sovereignty and integrity of India,
the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence
- information which has been
expressly forbidden to be published by any court of law or tribunal or
the disclosure of which may constitute contempt of court;
- information, the disclosure
of which would cause a breach of privilege of Parliament or the State
Legislature;
- information including
commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third
party, unless the competent authority is satisfied that larger public
interest warrants the disclosure of such information;
- information available to a
person in his fiduciary relationship, unless the competent authority is
satisfied that the larger public interest warrants the disclosure of
such information;
- information received in
confidence from foreign Government;
- information, the disclosure
of which would endanger the life or physical safety of any person or
identify the source of information or assistance given in confidence for
law enforcement or security purposes;
- information which would
impede the process of investigation or apprehension or prosecution of
offenders;
- cabinet papers including
records of deliberations of the Council of Ministers, Secretaries and
other officers;
- information which relates to
personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion
of the privacy of the individual;
- Notwithstanding any of the
exemptions listed above, a public authority may allow access to
information, if public interest in disclosure outweighs the harm to the
protected interests.
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7. Is partial disclosure allowed?
Only 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, may be provided. [S.10] |
8. Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)] |
9. Who are 'Third Parties'?
A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. [S.2(n) and S.11] |
10. Who are Public Information Officers (PIOs)?
PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. |
11. What is the Application Procedure for requesting information?
- Apply in writing or through electronic
means in English or Hindi or in the official language of the area, to
the PIO, specifying the particulars of the information sought
for.
- Reason for seeking information are not
required to be given;
- Pay fees as may be prescribed (if not
belonging to the below poverty line category).
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12. What is the fee?
- Application fees to be
prescribed which must be reasonable.
- If further fees are
required, then the same must be intimated in writing with calculation
details of how the figure was arrived at;
- Applicant can seek review of
the decision on fees charged by the PIO by applying to the appropriate
Appellate Authority;
- No fees will be charged from
people living below the poverty line
- Applicant must be provided information
free of cost if the PIO fails to comply with the prescribed time
limit.
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13. What could be the ground for rejection?
- If it is covered by exemption from
disclosure. (S.8)
- If it infringes copyright of any person
other than the State. (S.9)
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14. What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners?
The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.
The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government. (S.15) |
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