Featured Entries
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Guide to drafting a good RTI application
By karira
Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional.- 1 comment
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What are some of the shocking, weirdest, silliest RTI requests made in India?
By ashakantasharma
What are some of the shocking, weirdest, silliest RTI requests made in India? As Abraham Lincoln said “Government is of the people, by the people, for the people” The government is our servant and we have no duty to explain why we seek information from them. The government holds all the information in our behalf, in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government can’t deny if you ask them how they are governing our country.- 0 comments
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PIO Acts that makes you hate RTI ACT
By Priya De
How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document. PIO Acts that makes you hate RTI ACT But naturally, it is not the way. It is an easy way for PIO to first Get to know who is an actual RTI Applicant Intimidate the applicant by various means E- 5 comments
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information supplied in language which the applicant does not understand is no information
By jps50
RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it. I append below relevant extract from a judgment of High Court of Uttarakhand. I infer that information supplied in language which the applicant does not underst- 0 comments
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32 Reasons why Information Commissioners do not impose penality
By jps50
WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY? ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow. ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement. ICs want to fo- 1 comment
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Our community blogs
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Latest Entry
Private school
PRIVATE SCHOOLS ARE COVERED UNDER RTI ACT 2005 OR NOT.
IF YES WHAT EXTENT?
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Latest Entry
I Missed Ration Card Deletion Slip
Hi. I am Ilango from Madurai. My wife name deleted in his parents ration card. But unfortunately the slip was missed. Again we back to office there not respond and scold severly. What are the way to get a ration card. We married five years back and still now we are unable to use ration card and other facilities. kindly give me a way to get a ration card.
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This blog regards to Private University like Manav Bharti etc. I check UGC website, where I found manav bharti name listed under private university of HP. However UGC has not given approval letter to this university. still people are saying this university is UGC approve.
Can anyone explain me how can an University become UGC approved like this. Please refer to below link for university list on UGC. Check last column for approval letter.
http://www.ugc.ac.in/privateuniversitylist.aspx?id=9&Unitype=3#
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Recent Entries
The Hon'ble district forum has passed an order against reputed airline for their deficiency in service to pay Rs 30000/- with 9% interest from Apr 2012 and litigation charges Rs 5000/- to the complainant. Due to flight cancellation the complainant was forced to purchase ticket in other airlines at a very high price due to short booking period and paid Rs 30000/- extra for the ticket. The forum ordered to pay the above said amount but no relief was given for compensation of Rs 2 Lakhs for mental harassment and physical agony as prayed by the complainant.
The complainant filed an appeal in state commission for enhancement of amount and prayed that Rs 2 lakhs be given for mental harassment as well as Rs 30000/- with interest. The appeal has been admitted by the court.
Please specify that, may I take the amount ordered by the district forum by filing application for execution in district forum.
Please also specify that if i take the said amount after filing execution, my case in state commission will be affected or not?
Request to advise what to I do.
Thanking you.
RR Khan
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Dear All,
I belong to a village located in Bulandshahar district (Uttar Pradesh). Here my question is related to Gram Pradhan (Sarpanch) Role and responsibility. In last 20-25 years there is no major development has happened in village, Roads are not built properly and some of are not completed yet. There is no hospital and other emergency services facility available in village, No play grounds available. I have following questions:
How can we know the responsibilities /powers of a Gram Pradhan?
Who can judge/review his performance during his tenure?
How we can know about funds/budgets allocation to him and those funds have been used properly?
Also how he can contribute in village development with new initiatives?
I will appreciate relevant & supportive replies.
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[h=3]M.V.Ruparelia, Chief Patron, All India Confederation of Senior Citizens (AISCCON).[/h][h=3]A503 RashmiUtsav, Near Jangid Estate & Vijay Park, Mira Road (East), Dist. Thane. 401 107. Mobile No.09821732855. E/Mail: mvrup@yahoo.co.in
To Date: 9-12-13.
Shri V. Narayanasamy, Hon Minister of State, Ministry of Personnel, P.G. & Pension,[/h]North Block, New Delhi.110001.
Sub: Up-dating of Central Information Commission (Appeal Procedure), 2012- GSR 603(E) dt 31-7-12 & other important Procedure Orders.
Ref: Our representation dt 12-7-13 to you not replied yet, though followed by RTI Application dt 9-9-13, 1st Appeal dt 22-10-13 and IInd Appeal dt 9-12-13.
We are very much thankful to Ministry of Personnel for expanding and elaborating the scope of Suo Motu Disclosures under Sec 4 of RTI Act through Secretary`s D.O. no.1/6/2011-IR dt 15-4-13 & 21-11-13. We are also grateful for up-dating Guide on RTI Act, 2005 under no. 1/32/2013-IR dt 28-11-13. We request that Right to Information Rules, 2012 notified under GSR 603 (E) dt 31-7-12 in Gazette of India may also be updated very early, as Citizens are facing various difficulties in dealing with CIC, as brought out in our representation dt 12-7-13 to you, Our Representation dt 21-5-12 to President of India and other representations dt 30-8-12, 5-9-12 etc. The difficulties caused in following respects of existing Rules, 2012 dt 31-7-12 are again brought out for early action:-
i) Rule 3: Application Fee: Though Fee is prescribed for Application only under sub-section (1) of Sec 6, Fee for Complaints under Sec 18 is being asked by CPIO of CIC and States. (e.g. CIC`s no.CIC/CPIO/Misc/2013/153690 dt 31-7-13). Kindly, amplify and clarify this Rule for Fee for Complaints.
ii) Rule 6: Mode of Payment of Fee: Provision for payment of fee through nominated Post Offices under Role of Department of Post Offices as per instructions from Prime Minister are not included in this Rule. CPIO of CIC is rejecting applications sent through nominated post offices with Fee paid to Post Office. (e.g. CIC/CPIO/2011/1953 DT 2-11-11).
iii) Rule 7:Appointment of Secretary: No duties of Secretary and other Registrars are laid down. After declaring RTI-CIC (Management Regulations), 2007 dt 13-6-07 by Court as null & void, it is necessary to incorporate such Management Regulation Rules in this.
iv) Rule 10: Process of Appeal: 3(b): In cases of IInd Appeals, where AA has not passed orders, CIC asks AA to give orders and asks Appellant to send IInd Appeal afresh, if not satisfied with AA`s orders instead of calling AA for hearing and/or dealing with same IInd Appeal papers, resulting in unnecessary expenses to Appellants of getting 4 copies of large number of papers typed/zeroxed etc, 2 copies for CIC, 1 for CPIO & 1 for AA!
v) Rule 11: Procedure for deciding Appeals: In many cases, ICs do not examine papers submitted by Appellants in IInd Appeals and Rejoinders and do not give opportunity to be heard to Appellants through phone and give Speaking Orders based on information given by ACPIO/Representatives of PA during hearing. This can be verified by DOPT by simple reading of CIC`s decisions in their Web Site. Rule must be amplified to lay down that IC/CIC must discuss view points of both parties in detail in Speaking Orders invariably and give reasons for arriving at his conclusion. It must also be laid down to indicate whether rejoinder was received and examined. We have given examples of several cases in which papers were not examined in our previous representations and can give still more examples of careless dealings without keeping in view even rules of Natural Justice, if required!
vi) Rule 12(2): Presence of Appellant: In many cases, Video Conferencing Centres are also 20-25 miles away and it is not physically possible for disabled/handicapped citizens and Senior Citizens of 75+ to go to such Centres. Many IC/CIC are permitting Phone Representation but some do not give this facility and do not record reasons in Speaking Orders for denying this. They are in hurry to close the cases!! Proper provision of giving opportunity to be heard on phone in deserving cases may please be provided. Many a times, 7 days clear notice for Hearing does not reach to the Appellant. If he speaks on phone or sends E/Mail for giving opportunity to be heard on phone, it should be recorded by Registrar on file and also mentioned in Speaking Orders, if rejected. Not only, Applications/Appeals sent by E/Mail are not dealt with without hard copy and that may be rightly but all communications through E/Mails are ignored, which is not correct.
vii) Rule 15: Orders of the Commission: Orders are treated as final, even if completely defective and without examining view point of Appellant as given in IInd Appeal & Rejoinders and no Review Petition lies and Appellant is asked to go to High Court for reviewing incorrect and against Natural Justice Speaking Orders!! Proper Review Petitions must be provided in these Rules. No replies are given to representations to CIC for such defective Speaking Orders in terms of para 66 & 67 of Office Manual. Large number of cases can be produced before your Ministry, if required, though some are already reported.
viii) As per Notification no.CIC/Legal/2007/006 dt 13-2-08 and minutes of meeting held by CIC on 13-12-11, it was notified for the information of general public that the Appeals and Complaints filed by senior citizens shall be taken up by the Commission on priority basis and norms & procedure for according priority to Appellants in Hearing Appeals/Complaints filed before the Commission were decided in minutes dt 13-12-11. Appeals/Complaints from senior citizens and differently abled persons were to be put up to the Bench of the Commission where such cases are registered. This is not being done for last 5 years and not a single case of senior citizen is given any preference, inspite of showing by Appellants on top of each Appeal/Complaint that preference is to be given in terms of CIC orders and age is indicated and proof of age is given. Wrong information is being given by your Ministry to MPs for Parliamentary Questions that preference is being given, when there is not a single case of preference given for last 5 years and no record is maintained for this. This is serious and may be looked into for laying down proper instructions.
ix) On cancellation of RTI-CIC (Management Regulations), 2007 by Court, it is necessary that various Rules in those Regulations are brought in these Rules, 2012. According to Rule 4(xv) of cancelled notification, Registrars were responsible to ensure compliance of decisions of IC/CIC. This responsibility is now refused by Registrars. Examples can be produced, if required. Proper provision may please be made in these Rules.
x) As per Rule 15-Personal Presence of Appellant, if Appellant is prevented from being heard, second opportunity is to be given before final decision is given. This is not followed. Many examples can be produced. Proper detailed provision for this may be made in these Rules.
xi) As per Rule 23 (2)-Finality of Decision, Special Review Appeal is laid down. On cancellation of entire Regulations from legal point of view by Court, this opportunity of Review petition is denied in each case!! This is too much!! Many examples have been brought to your Ministry`s notice and still more can be produced. Proper provision may please be made in these Rules for review.
xii) As the main Aim of RTI Act is to promote transparency & accountability in the working of all Public Authority and streamlining their working, please provide proper guidelines in these Rules that CPIO & AAs will ensure that all lacunas came or brought to their notice through dealing with Applications & Appeals are set right by bringing to the notice of concerned competent authorities of their organizations. Examples: a) All prescribed columns are not filled in Status Position of Letters, Appeals, Complaints etc in CIC Web Site. Date given by Citizens for their letters, appeals etc are not shown, resulting in difficulties to locate. B) Appeals & Complaints are not admitted and shown in Status Position for months together. c) Non-compliance cases are not chased even after 10-15 reminders. d) No preference is given to Appeals & representations of Senior Citizens. e) Large number of letters, appeals, complaints sent by registered posts are not recorded/shown in status Position with dates given by citizens.
We shall be grateful, if these important aspects are got examined and remedial action taken, giving reply to us in terms of Para 66-67 of Office Manual.
Thanking you,
Yours Sincerely,
(M.V.Ruparelia)
Copy forwarded to Smt Sushma Singh, Chief Information Commissioner, August
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Union Leaders & Babus in NJCS took "RESOLUTION" to suppress RTI & CIC order.
BACKGROUND
1.
“National Joint Committee for Steel industries” (NJCS) , earlier known as Joint Wage Negotiation committee, had been constituted to settle issues of steel workers for wage, amenities & facilities, matters pertaining to increase in productivity & various other issues related to member steel plants in India.
From Employers’ side, it represents high level officers from member steel plants of Bhilai, Durgapur, Rourkela, Bokaro, ISP, ASP, MEL & RINL.
From workers’ side, it is represented by the central trade union leaders of INTUC, AITUC, HMS & CITU along with union leaders of recognized trade unions from above mentioned steel plants.
Emphasize may be made that the NOMINATED union leaders who represent more than one Lakh permanent plus contractor workers, are not directly accountable to the workers. Individually, these leaders do NOT face elections to decide the fate of numerous workers.
MY RTI
2. During a search through internet, I discovered that authorities are rejecting RTI requests for NJCS, by citing some ‘resolution’, which was taken by the NJCS members to conceal information.
I too discovered that the NJCS which uses 80 to 85% of public fund, has been declared as a “Public Authority” by Central Information Commission (Order in Encl #1 http://www.rti.india.gov.in/cic_decisions/CIC_LS_A_2012_002516_M_100494.pdf )
With the above inputs, I filed RTI (Info Request in Encl#2) to know about the NJCS & it’s accountability towards the affected workers.
RTI REPLY
3. I was surprised to go through the RTI reply (Encl#3, No.PERS/RTI/CO/13/2064, Dtd 11/11/2013) that, not only the members have taken a written resolution (247th) to conceal information, but also they have reiterated the same resolution (272nd) even after the CIC order!
Interestingly, the ‘Netas’ have taken a unanimous resolution to hide the proceedings of NJCS, to the same workers to whom they represent!
SUPREMACY OVER LEGISLATORS & CIC ORDER!
4. At present, RTI Act is the finest of all the Acts that has so far been laid by legislators.
Under section-3 of the Act, ALL citizens have the right to information. And under section-22 of the Act, this Act has an overriding effect of any other law that contradicts the provisions the RTI Act.
Then how could these ‘Netas & Babus’ make a written resolution, that crushes the intent of legislators? Are they supreme over Parliament?
Not only that, even after cognizance of the CIC order (Public Information Officer himself attended hearing) that declares NJCS as a “Public Authority”, how the demagogues & bureaucrats reiterate (272nd) the resolution? Can they crush CIC order?
PLANNING TO GO FOR APPEAL & COMPLAINT
5. I will go for appeals to enforce the CIC decision. I will also make a complaint against NJCS, to comply with the provisions of the Act.
But that will take long time due to the backlogs at CIC. Central Information Commission should take suo motu action, as per provision under section 25 (5)/19(8)(a)of this Act. Under these sections, CIC has the Power to recommend/require to take necessary steps to secure compliance with the provisions of this Act.
(R K Mishra)
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Recent Entries
It was really very unfortunate for Mr. Rahul Gandhi as well as for the Congress that people did not want to listen to their young leader. It may due to the wrong messages being delivered by Rahul. I have observed that in many of his speeches, it has been proclaimed a big achievement of the UPA government of giving every citizen a right to ask for the information under the RTI Act, 2005. But, sorry to say that citizen can only ask, but seldom gets the right information. A good number of RTI activists have been got silenced. I have a questionnaire regarding 'status of implementation of Payment of Gratuity Amendment Act, 2009'. I doubt if the State Information Commission/Central Information Commission (SIC/CIC) will also be of any help to get the information available. It is my sincere suggestion to Mr. Rahul not to boost about the impossible things.
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i asked the information in form of weather
PIO, rejected my application stating that according to RTI information should be on documented ,and should not in form of question.
1) " weather XYZ rule applicable on the pay fixation of LDC"
2) " weather this rule also applicable senior wing"
if i requested in form of supply copy of rule, PIO wud have ans that, information not available on records.
plz guide me,if m wrong , guide how to ask in form of "weather", bcz i asked the diff information same manner from parliament, and they provide duly.and also heard there are some judgement , that we can ask information in started from Weather..plz guide
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My details are hidden or open when i file an RTI
When i file an RTI and i give my details in the application are those details open or kept as secret?
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Respected RTI activists please can any one file an RTI in Police station Bansi, District Siddhartha Nagar U.P. for the following ...
An RTI application made by me is as below --
To
PIO, C.O.,C.O. Office Bansi,
Distt- Siddhartha nagar,
U.P. Pin- 272153
Information Required under RTI Act 2005:-
Duration for which information required: 28.09.2013 to 01.10.2013.
1. Provide a certified copy of entry of General Dairy (Roznamcha) for the period 28.09.2013 to 01.10.2013 (4 days).
2. Information should contain name of persons, vehicle No., and date, time-wise of para 1.
3. Name of people arrested by Bansi Police during said period.
4. Name of People arrested from Bansi area by other Police station during said period.
5. Name of Police personal visited Bansi Thana/kotwali during said period with vehicle No. & name of police station.
Mode of delivery: Speed post
Fee Rs
Information seeker Signature
Name:
Address:
As I Have made several trial but get threaten from Police station Bansi. these information will become helpful for showing a person innocent and he got trapped by police.
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A complaint u/s18 was filed before CIC against non compliance of its decision/order passed on 28.8.12 by the Public Authority in the month of December 2012. Sh. VK Sharma Designated officer to IC had sought a compliance report from Public Authority vide letter dated 9.4.13 and PIO Public Authority on 24.5.13 had forwarded copy of misleaded & destroyed information letter dated 19.2.13.
On 29.10.13, Sh. VK Sharma Designated officer to IC had disposed off complaint without any hearing in favour of PIO by stating that Public authority (respondent) had fulfilled his responsibilities diligently and functioned in accordance with the commission order dated 28.8.12. No further correspondence in the matter will be entertained.
Though the PIO vide letter dated 19.2.13 provided the misleading and destroyed information after 150 days of CIC order and that too which is not as per the order of CIC dated 28.8.12 has been accepted by Sh. VK Sharma Designated officer to IC and disposed off the complaint filed u/s18. Sh. VK Sharma Designated officer to IC had failed to examine the time limit of 30 days and contents of provided information in the light of CIC order dated 28.8.12 and had protected the PIO with extending action in his favor so that penalty proceeding u/s20 count not initiated against the PIO
Now writ petition before High Court is the only solution to protect the spirit of RTI Act and any RTI activist has knowledge of law to guide me on filing writ petition such as drafting of writ petition, filing of writ petition and rejoinder etc. in the high court. Further also intimate that for filing writ petition before High court and appearing before High Court Advocate is mandatory.
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How to claim my PF
Please tell me the procedure how to claim my PF.
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Pending PF transfer
I have submitted transfer of 2 PF's(Bangalore based EPFO's) to my current employer(Gurgaon based EPFO) almost 1.6 year back & received an acknowledgement from my company. Looks like the amount is not yet transferred. Upon raising frequent requests on the EPF website, I got below response:
"Your claim form 13 has been referred to concerned RPFC. But transfer amount has not been received till date from concerned RPFC as per office record."
I would like to know what steps I should take now as they havent answered any of these to me. Seems like it was referred to concerned office for verification on 08.09.2012. Iam not sure if they are referring to both of my earlier PF's.
What does "concerned office" here means?
What should I do now?
Whom should I reach out to - My current EPFO or my previous 2 EPFO's?
How will I come to know if the transfers are completed & the amount is credited?
I will be moving to another organization shortly & Iam not sure if I should apply for transfer or withdrawal.
Is there a different process because of different states?
How can I get this transfer completed quickly.
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Reply of Second Appeal not given by SIC Bihar?
I filed RTI, First Appeal and Second Appeal with the concerned official of Bihar, but none replied me. Now the period of second appeal is also over. What should I do?
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Hi,
Could you please kindly let me know whether we have road tax exemptions for disabled people in tamil nadu, specifically Chennai. I have booked a Activa DX. So, i kindly am requesting to provide me a answer soon so that i will take care accordingly.
I also requesting to let me know the exemptions that we can have from tamilnadu government and government of india as well.
Thanks in Advance.
Regards,
Punniakotti
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MNC problem-need help
Hi, I was a corporate employee until 4th Nov. Basis false allegations the company tried to suppress mental harassment against me being done by my manager for 2 yes and some unethical practices within the office. They forced me to quit. When I refused they terminated on baseless grounds. I have given 100+ evidences to prove my innocence but it was not even considered. Please help
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(1) I ENROLLED FOR THE AADHAAR IN NOV 2011.AT THAT TIME NO EID WAS PROVIDED.DEPTT.OF INFORMATION TECH,GOVT OF HIMACHAL ASKED ME TO RE ENROLL.
(2) SECOND TIME I GOT ENROLLED UNDER EID 1090/11323/03914.I GOT AN SMS THAT "YOUR APPLICATION HAS BEEN REJECTED DUE TO DATA/PROCESSING ERROR.PLEASE RE ENROLL."
(3) THIRD TIME I GOT ENROLLED UNDER EID 1090/11224/40780.AGAIN I GOT AN SMS,"YOUR ENROLMENT HAS BEEN REJECTED DUE TO DUPLICATE ENROLLMENT.CNTACT 18003001947." AFTER CONTACTING AT THIS NO. THEY ADVISED ME TO RE ENROLL ONCE AGAIN.
CAN I SEEK THE INFORMATION ABOUT MY AADHAAR NO. UNDER RTI?
KINDLY HELP,HOW?
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Need help
Hi
My friend is working with some company in saket but suddenly due to bad atmosphere of office,she quit the job and not provided the notice period now after 45 days they are refused to pay the slary of last month.
so friends please suggest me what to do.
as company is a pvt ltd firm but they are not paying a single penny on the name of government tax and they are charging from their customers.
Thanks
Shashank
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Information about ESL institute
Dear Sir/madam,
I need information on the guidelines on starting an ESL institute.What are the required documentation and permits for registering my institute.Kindly assist me for the same.
Regards
Sarah Minas
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I want to know whether NEED HIGHER Education council is registered under a society act /as a trust in New Delhi,which is the office from where i can get the details regarding the registration of above said council.
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i am working in Board of intermediate education, andhra pradesh , in view of independence celebrations Board has conducted various games & cultural events, i got some prizes but i am not satisfied because the prizes are designed with the picture of telangana and the prizes has the names of Telangana association leaders . Outraged by the above i have lodged and RTI question the Board. the details of the RTI application are mentioned below.
question num 1:
How much amount was santioned by the Board to conduct games and cultural events in view of Independence celebrations 2013.
Ans given:
Rs.20000/- provided by the secretary, Board of intermediate Education to the Telangana Employess Association towards distrubution of prizes to the winners/ runners of the indoor and outdoor games.these funds are not sanctioned by the Govt/ Board.
clarification needed:
what is the meaning of "Rs.20000/- provided ". does the amount provided doesn't come under RTI ??? please explain the difference between the "provided amount" and "sanctioned amount".
Question Num 2:
How much was spent out of the sanctioned amount? furnish all the games materials on which the amount was spent against its price.
Ans given:
The funds which are not sanctioned by the Govt./Board out of the Budget amount, hence the Board never sought for expenditure details from the associations in any occasion.
Clarification needed:
The previous answer they have said" the funds are provided by the secreray" does these funds dont have accountability . does the funds provided does not come under Budget amount.??
Question Num 3:
The prizes awarded on the eve of independence day 2013 are in such a way that it clearly promotes regionalism and by giving importance to a region the Board has violated the Article 15 of the Constitution.
Ans given:
The Board is need not answer regarding any violation of personnel feelings; hence RTI is not come under RTI. in the question asked i have never mentioned the that Board has violated my personnel feelings. but they are given imaginary answer.
clarification needed:
15th August is celebrated as the Independence day of the nation , not of the region and by depicting the picture of a region , dont the Board violates Article 15 of the constitution???
Question num 4:
On what basis the board has designed the prizes with the picture of Telangana not with the map of India/Picture which may resembles the nationality. why the prizes awarded are having the names of association leaders not the winners of the events.
ans given:
the Board never Interfere in the affairs of the Associations in any manner.hence the Board need not answer the affairs of the Associations to the third parties. therfore RTI is not applicable for furnishing information.
Clarification needed: Telangana employees association has conducted the games by taking the above sanctioned amount . so every action of the association must reflects that actions are done by Board. Because the funds are provided by the board, Board must responsible for every action done by the Association.
so the Board must answer the above question??
whats ur opinion??
please help me in this regardd.................
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ST Caste certificate unavailable(Gujarat)
I am an eligible for st caste certificate still i am unable to receive what do and what documents should i present to receive it instantly in gujarat
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Municipal Council
how can i ask the municipal council about the information on sewerage system being installed in our town. I want to ask about the budget granted and time limit for the completion of the project
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The Ultimate weapon for Common Indians.
RIGHT TO INFORMATION(RTI ACT2005) IS AN ACT BY WHICH IS MEANT "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of Information Act, 2002.The Act applies to all States andUnion Territories of India except the State of JAMMU & KASHMIR. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to pro-actively Publish certain categories of information so that the citizens need minimum recourse to request for information. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. Information given inIndia was restricted by the OFFICIAL SECRET ACT-1923. and various other special laws, which the new RTI Act relaxes.
The APEX COURT for the first time gave a ruling on THREE JUDGES CASE that disclosure of information with respect to functioning of the government must be a rule rather than an exception.
The Act covers the whole of India except Jammu and Kashmir, where J&K RIGHT TO INFORMATION ACT is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act. Private bodies are not within the Act's ambit directly.
The CENTRAL INFORMATION COMMISSION (CIC) has held that the political parties are public authorities and answerable to citizens under RTI Act . The CIC, a quasi-judicial body, has said that six national parties:- CONGRESS, BJP, NCP,CPI(M ), CPI and BSP have been substantially funded indirectly by the central government and they have the character of public authority under the RTI Act as they perform public functions. On 12 August 2013, the Congress Party tabled RTI Amendment Bill 2013 in LOK SABHA to keep political parties out of RTI ambit.
HOW TO GET INFORMATION.-------
The RTI process involves reactive disclosure of information by the authorities. An RTI request initiates the process. Each authority covered by the RTI Act must appoint their Public Information Officer (PIO). Any person may submit a written request to the PIO for information. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority , it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other authority within 5 working days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The applicant is required to disclose his name and contact particulars but not any other reasons or justification for seeking information.
The CENTRAL INFORMATION COMMISSION (CIC) acts upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not having been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information.
The Act specifies time limits for replying to the request.
· If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
· If the request has been made to an APIO, the reply is to be given within 35 days of receipt.
· If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
· Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 daysbut with the prior approval of the Central Information Commission.
· However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.
Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed. If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge. Appeal processes are also defined.
AUTHORITIES UNDER EXCLUSION
Central Intelligence and Security agencies specified in the Second Schedule like IB,Directorate General of Income tax(Investigation),RAW, Central Bureau of Investigation (CBI), 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 violation could be given but only with the approval of the Central or State Information Commission.
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