Jump to content

Search the Community

Showing results for tags 'rti act'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Request for Community Support
    • Ask for RTI Support
    • Post your RTI Success here
    • Ask for Non RTI Support
  • Connect with Community
    • Discussions on RTI
    • Off Topic
  • Learn about RTI
    • RTI Act Circulars
    • RTI Appeals decisions
  • Website News & Support
    • Announcements
    • RTI in Media
  • Read RTI News & Stories
  • RTI Act Critics's RTI Act Critics Topics
  • Fans of RTI India's Fans of RTI India Topics
  • Insurance Consumer's Insurance Consumer Topics
  • Activists of Transparency and Accountability's Activists of Transparency and Accountability Topics
  • Issues with BWSSB's Issues with BWSSB Topics
  • Law+Order-Bangalore-32's Law+Order-Bangalore-32 Topics
  • Issues With Electricity Board's Issues With Electricity Board Topics
  • RTI Activists's RTI Activists Topics
  • YOGA's YOGA Topics
  • help each other's help each other Topics
  • forest and wild life's forest and wild life Topics
  • Indian Police Officials not following Cr.P.C.'s Indian Police Officials not following Cr.P.C. Topics
  • RTI Activist+Politics's RTI Activist+Politics Topics
  • hostels and lodging places's hostels and lodging places Topics
  • RTI Activists in Rajasthan.'s RTI Activists in Rajasthan. Topics
  • RTI info warriors in Haryana's RTI info warriors in Haryana Topics
  • DisABILITY Rights and RTI's DisABILITY Rights and RTI Topics
  • Govt Servant, Local Bodies or PSU Employees using RTI.'s Govt Servant, Local Bodies or PSU Employees using RTI. Topics
  • Eco club's Eco club Topics
  • Self Employment in Sport's Self Employment in Sport Topics
  • RTI related to land issue's RTI related to land issue Topics
  • Open SourceTechnology support to RTI's Open SourceTechnology support to RTI Topics
  • TRAP group's TRAP group Topics
  • Odisha RTI Activists's Odisha RTI Activists Topics
  • right to information activists's right to information activists Topics
  • Mumbai's Mumbai Topics
  • RTI ACTIVISTS FROM KARNATAKA's RTI ACTIVISTS FROM KARNATAKA Topics
  • Chartered Accountants's Chartered Accountants Topics
  • ngosamachar's ngosamachar Topics
  • Growing INDIA's Growing INDIA Topics
  • we are all friends.'s we are all friends. Topics
  • RTI for Government employees's RTI for Government employees Topics
  • Dhanus - Pending Salaries's Dhanus - Pending Salaries Topics
  • Insurance Surveyor & Loss Assessors's Insurance Surveyor & Loss Assessors Topics
  • Mahamumbai's Mahamumbai Topics
  • FREE LEGAL HELP AND SUGGESTIONS's FREE LEGAL HELP AND SUGGESTIONS Topics
  • M.Sc/MCA and ME/M.Tech's M.Sc/MCA and ME/M.Tech Topics
  • Corruption's Corruption Topics
  • ASSOCIATION FOR HUMAN RIGHTS & ENVIRONMENTAL PROTECTION's ASSOCIATION FOR HUMAN RIGHTS & ENVIRONMENTAL PROTECTION Topics
  • MAHARASHTRA- ADVOCATE/LAWYERS's MAHARASHTRA- ADVOCATE/LAWYERS Topics
  • INDIAN WOMEN- LAWYERS /ADVOCATES's INDIAN WOMEN- LAWYERS /ADVOCATES Topics
  • minority engineering colleges in maharashtra's minority engineering colleges in maharashtra Topics
  • AAKANKSHA's AAKANKSHA Topics
  • RTI AGAINST INDIAN AIR FORCE MALPRACTISE's RTI AGAINST INDIAN AIR FORCE MALPRACTISE Topics
  • RiGhTs's RiGhTs Topics
  • ram's ram Topics
  • JVG DUPED CUST.'s JVG DUPED CUST. Topics
  • anti corrupt police's anti corrupt police Topics
  • Save Girl in Punjab's Save Girl in Punjab Topics
  • Rent Apartment in US's Rent Apartment in US Topics
  • RTI Kerala's RTI Kerala Topics
  • maharashtra's maharashtra Topics
  • Right Way Of India(RTI)'s Right Way Of India(RTI) Topics
  • Whistle- Blowers against corrupt India's Whistle- Blowers against corrupt India Topics
  • Navi Mumbai's Navi Mumbai Topics
  • electricity curruption in up's electricity curruption in up Topics
  • SHARE n STOCKS trading's SHARE n STOCKS trading Topics
  • WEWANTJUSTICE's WEWANTJUSTICE Topics
  • Civil Engineers-CAD's Civil Engineers-CAD Topics
  • Nitin Aggarwal's Nitin Aggarwal Topics
  • MEWAT EDUCATION AWARENESS's MEWAT EDUCATION AWARENESS Topics
  • ex-serviceman activities's ex-serviceman activities Topics
  • SSCC's SSCC Topics
  • Remove Corrupt Bueraucrates's Remove Corrupt Bueraucrates Topics
  • jharkhand RTI activist group's jharkhand RTI activist group Topics
  • Suhail's Suhail Topics
  • govt.servant's govt.servant Topics
  • RTI Uttar pradesh's RTI Uttar pradesh Topics
  • anti-corruption team's anti-corruption team Topics
  • Manaism's Manaism Topics
  • Insurance's Insurance Topics
  • sonitpur datri sewa samity's sonitpur datri sewa samity Topics
  • indian youth manch's indian youth manch Topics
  • HUDA Co- Operative Group Housing Societies's HUDA Co- Operative Group Housing Societies Topics
  • youth's youth Topics
  • aastha's aastha Topics
  • RTI for Citizens's RTI for Citizens Topics
  • ALL PUBLIC INFORMATION OFFICERS OF INDIA's ALL PUBLIC INFORMATION OFFICERS OF INDIA Topics
  • learn always's learn always Topics
  • R.T.I.'s R.T.I. Topics
  • Karnataka Karmika Kalyana Prathishtana's Karnataka Karmika Kalyana Prathishtana Topics
  • Akhil Bhart anti corruption sangathna's Akhil Bhart anti corruption sangathna Topics
  • MBA, business and new entrepreneur.....'s MBA, business and new entrepreneur..... Topics
  • students seeking help's students seeking help Topics
  • UN-DO CORRUPTION's UN-DO CORRUPTION Topics
  • RTI Corporate's RTI Corporate Topics
  • Electrical group's Electrical group Topics
  • V4LRights's V4LRights Topics
  • Pirated software in GOvt oofice and sc hool's Pirated software in GOvt oofice and sc hool Topics
  • Gaming's Gaming Topics
  • WE Born to help's WE Born to help Topics
  • help the elderly citizen's help the elderly citizen Topics
  • NATIONAL ISSUE's NATIONAL ISSUE Topics
  • Ballygunge Government Hogh School Alumni Association's Ballygunge Government Hogh School Alumni Association Topics
  • Corruption free Country's Corruption free Country Topics
  • surajyam's surajyam Topics
  • kanpurvictims's kanpurvictims Topics
  • Railway Group A Services's Railway Group A Services Topics
  • RTI BALLIA's RTI BALLIA Topics
  • Encroachment of public property by private giants's Encroachment of public property by private giants Topics
  • Case Status - Anti Corruption's Case Status - Anti Corruption Topics
  • RTI ACTIVISTS FROM MEERUT's RTI ACTIVISTS FROM MEERUT Topics
  • Aam Aadmi (The Common Man)'s Aam Aadmi (The Common Man) Topics
  • Court Marriage in Punjab's Court Marriage in Punjab Topics
  • ALL's ALL Topics
  • Youth India Social Group (YISG)'s Youth India Social Group (YISG) Topics
  • ye kya fandda h's ye kya fandda h Topics
  • mindset's mindset Topics
  • anti corruption's anti corruption Topics
  • activism's activism Topics
  • common's common Topics
  • state group's state group Topics
  • social help group's social help group Topics
  • landlords of uttar pradesh's landlords of uttar pradesh Topics
  • Concern Citizens Forum for India's Concern Citizens Forum for India Topics
  • edusystem's edusystem Topics
  • Ratna Jyoti's Ratna Jyoti Topics
  • development in indian village's development in indian village Topics
  • technovision's technovision Topics
  • Mighty India's Mighty India Topics
  • Against Corporate Fraud's Against Corporate Fraud Topics
  • Stop crime's Stop crime Topics
  • PUBLIC INTEREST LITIGATION.'s PUBLIC INTEREST LITIGATION. Topics
  • NVS - Navodaya Vidyalaya Samiti's NVS - Navodaya Vidyalaya Samiti Topics
  • Authenticated Public Plateform's Authenticated Public Plateform Topics
  • shalin's shalin Topics
  • terminater's terminater Topics
  • RTI Wind Energy's RTI Wind Energy Topics
  • AMICE (INDIA)'s AMICE (INDIA) Topics
  • HELPING HAND !'s HELPING HAND ! Topics
  • Go..................?'s Go..................? Topics
  • Co-Op Housing Society's Co-Op Housing Society Topics
  • we are equal's we are equal Topics
  • Phoenix Deals's Phoenix Deals Topics
  • AHMEDABAD ACTIVISTS's AHMEDABAD ACTIVISTS Topics
  • Theft Cases in chandigarh's Theft Cases in chandigarh Topics
  • Economically Weaker Section Certificate & Benifits's Economically Weaker Section Certificate & Benifits Topics
  • Solar Systems's Solar Systems Topics
  • Get aware about ur Education and related rights's Get aware about ur Education and related rights Topics
  • Save Mumbai's Save Mumbai Topics
  • Complaints to MCD & Delhi Jal Board's Complaints to MCD & Delhi Jal Board Topics
  • ashayen's ashayen Topics
  • unemployment's unemployment Topics
  • Employee Solution's Employee Solution Topics
  • is kanpur university against sc/st's is kanpur university against sc/st Topics
  • URBAN PLANNER PROFESSIONAL's URBAN PLANNER PROFESSIONAL Topics
  • RTI HELP INDIA's RTI HELP INDIA Topics
  • prayatna's prayatna Topics
  • Parking woes's Parking woes Topics
  • Helping RTI INDIA web development's Helping RTI INDIA web development Topics

Categories

  • Uncategorized
  • Section 18 (1)
  • Section 11
  • For Common Man
  • Section 16
  • Section 2(h)
  • Section 8 (1)(j)
  • Simplified RTI
  • Government Employee and RTI
  • RTI Act 2005
  • Success Stories
  • Exempt Organisation
  • DG IT
  • Section 8 (1) (e)
  • Section 2 (h) (d) (i)
  • Supreme Court Decisions
  • Section 2 (j) (i)
  • Section 2
  • Section 8
  • Section 20
  • Section 19
  • SIC Punjab
  • High Court Decisions
  • Section 9
  • Section 24
  • DoPT
  • RTI Awareness
  • Section 6 (3)
  • Section 6
  • Section 2 (f)
  • Opinion
  • Department of Posts
  • Ministry of Railways
  • Departments
  • Ministry of Home Affairs
  • Ministry of Corporate Affairs
  • Ministry of Law & Justice
  • Government of NCT of Delhi
  • Delhi Police
  • Ministry of Human Resource Development
  • Staff Selection Commission
  • Court Decisions
  • CIC Decisions
  • Activism
  • Section 25
  • University
  • Section 7
  • Ministry of Agriculture
  • Section 3
  • RTI Discussions
  • Section 19 (8) (b)
  • BSNL & MTNL
  • Section (1) (d)
  • Section 8 (1) (d)
  • DIrectorate of Education
  • Govt of NCT of Delhi
  • Cooperative Housing Society
  • RTI for School
  • Member RTI
  • Municipal Corporation
  • Ministry of Defence

Categories

  • RTI Directory
  • Important RTI Decisions
  • Other Important Court Decisions
  • Sample RTI
  • Acts & Circulars

Blogs

There are no results to display.

There are no results to display.

Calendars

There are no results to display.

There are no results to display.


Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Found 119 results

  1. The plea that was filed by RTI activists Commodore Lokesh Batra (retired) along with Anjali Bhardwaj and Amrita Johri on 24 April will be heard by the top court when it reopens Monday after the summer break. The plea suggests that despite huge backlogs of appeals and complaints in many information commissions across the country, information commissioners have not been appointed. This has resulted in information commissions taking months, and in some cases even years, to decide appeals. “Currently, there are four vacancies in the Central Information Commission, even as more than 23,500 appeals and complaints are pending,” the petitioners claim. According to the petition, the State Information Commission (SIC) of Andhra Pradesh is completely non-functional since no information commissioner has been appointed there. Similarly, the Maharashtra SIC has four vacancies resulting in a backlog of around 40,000 cases. In Kerala, just one officer is manning the commission and has to adjudicate on more than 14,000 pending appeals and complaints. Recounting the state of affairs in various state commissions, the plea has noted that there are six vacancies in the SIC of Karnataka even though 33,000 cases are pending there. Odisha and Telangana are the only states where appointments have been made. There too the backlog goes up to 10,000 and 15,000 appeals respectively. The situation in West Bengal is particularly grim with two commissioners hearing appeals/complaints that were filed almost 10 years ago, the plea points out. “Further, several commissions like that of Gujarat, Nagaland and Maharashtra are functioning without the chief information commissioner, even though the RTI Act envisages a crucial role for the chief commissioner, with the administration and superintendence of the commission vesting with the chief,” the plea reads. “The effective functioning of information commissions, the final adjudicators under the RTI Act, is critical for the health of the transparency regime in the country,” the activists argue in their plea.
  2. New Delhi: The Supreme Court next week will hear a petition alleging that the Centre and various state governments have “stifled” the implementation of the Right to Information (RTI) Act by failing to ensure appointments of information commissioners. The plea that was filed by RTI activists Commodore Lokesh Batra (retired) along with Anjali Bhardwaj and Amrita Johri on 24 April will be heard by the top court when it reopens Monday after the summer break. The plea suggests that despite huge backlogs of appeals and complaints in many information commissions across the country, information commissioners have not been appointed. This has resulted in information commissions taking months, and in some cases even years, to decide appeals. “Currently, there are four vacancies in the Central Information Commission, even as more than 23,500 appeals and complaints are pending,” the petitioners claim. According to the petition, the State Information Commission (SIC) of Andhra Pradesh is completely non-functional since no information commissioner has been appointed there. Similarly, the Maharashtra SIC has four vacancies resulting in a backlog of around 40,000 cases. In Kerala, just one officer is manning the commission and has to adjudicate on more than 14,000 pending appeals and complaints. Recounting the state of affairs in various state commissions, the plea has noted that there are six vacancies in the SIC of Karnataka even though 33,000 cases are pending there. Odisha and Telangana are the only states where appointments have been made. There too the backlog goes up to 10,000 and 15,000 appeals respectively. The situation in West Bengal is particularly grim with two commissioners hearing appeals/complaints that were filed almost 10 years ago, the plea points out. “Further, several commissions like that of Gujarat, Nagaland and Maharashtra are functioning without the chief information commissioner, even though the RTI Act envisages a crucial role for the chief commissioner, with the administration and superintendence of the commission vesting with the chief,” the plea reads. “The effective functioning of information commissions, the final adjudicators under the RTI Act, is critical for the health of the transparency regime in the country,” the activists argue in their plea. View full entry
  3. Shrawan

    Has The RTI Act Become Toothless?

    Are we as citizens giving less importance to seeking information that we have the right to know? Are politicians only adept at evading questions by diverting attention to another subject? With posts lying vacant in the Central Information Commission, grievances of people and queries posted under RTI take months or even years before they are attended to. Has the RTI become in all aspects helpless against apathy by public servants? We discuss. (Audio in Hindi) Read full https://www.ndtv.com/video/shows/prime-time/right-to-information-act-got-sick-484034?yt
  4. Are we as citizens giving less importance to seeking information that we have the right to know? Are politicians only adept at evading questions by diverting attention to another subject? With posts lying vacant in the Central Information Commission, grievances of people and queries posted under RTI take months or even years before they are attended to. Has the RTI become in all aspects helpless against apathy by public servants? We discuss. (Audio in Hindi) Read full https://www.ndtv.com/video/shows/prime-time/right-to-information-act-got-sick-484034?yt View full record
  5. In reply to RTI, the DoPT has stated that "The matter regarding amendment in the RTI Act, 2005 is under consideration and has not reached finality. As per section 8(1)(i) of the RTI Act, 2005, information requested by you cannot be supplied at this stage." Even as the central government has confirmed that the matter regarding amendment in the Right to Information (RTI) Act is under consideration, the Department of Personnel and Training refused to provide details of the proposed amendment bill. "The government has confirmed that it is planning to amend the RTI Act but has illegally refused to share details of the amendment bill in response to an RTI application." Bharjwaj also said: "It has refused to even disclose the dates on which the proposal to amend the RTI Act was prepared by the DoPT and date on which it was forwarded to the cabinet by the DoPT, which cannot be covered under Section 8(1)(i)." Expressing concern over the media reports that the amendment the government was planning to bring was regressive, Bhardwaj said: "What is worrisome is they are planning to reduce the stature of the Information Commissioners and weaken the Information Commissions in the country. "At the moment, the salaries and allowances of the Commissioners are same as that of a SC judge. But, now the government will have the discretion to decide their salaries. That is very dangerous. It erodes the independence of the Commission. "There is a powerful law in place. There is no need to make changes. What the government should instead do is appoint Information Commissioners. At the CIC, there are four vacancies and four more to come this year including the Chief Information Commissioner who is retiring. Why is the government trying to tinker with the law and amend the law and dilute it.
  6. Sir, I had made an application on date 16/08/2017 asking details of two landlines number, asking details as the date of installation of the said numbers, installation address of the above numbers, whether the number is owned by business, ownership details documents submitted before installation and if its been operational / functional till date. This was due to the fact on record of MCGM the said area is declared as Residence incompltete with no property / assessment tax levied.The lease papers and registration dates back to 2010, and a nursing home function with no record found with the local health department. The APIO MTNL, vide dat 19/09/2017, replied stating the information relates to personal information of third party, the disclosure of which has no relationship to any public activity or interest. the APIO states, had communicated for consent from the third party under section 11(1) of RTI act 2005 and since third party has objection for disclosing any such information, therfore the information sought can not be disclosed under RTI act 8(1)j of 2005. . Please suggest if the above is a personal information sought, as the MTNL itself publishes directory with detailed information, but additional query sought by me was date of installation and the documents furnished for installation, which is generally asked by MTNL. can such documents be denied and was a communication for consent necessary from the owner of the said landline. Thanks for your advise.
  7. I am drafting an RTI application to obtained information from HPSC (Haryana Public Service Commission). I want to know on following points :- 1. Can I ask for personal details (Like Name, address, Roll Number etc) of candidates who faced interview ? 2.Can I ask for copy of answer sheet for screening test of all candidates who appeared in interview ? Can HPSC shared it ? 3.Can I ask for educational certificates and other related document for all the concerned candidates ? Requesting to all respected senior members to clarify my doubts point wise.
  8. Version

    6 downloads

    India being a socialist, democratic and secular democratic republic, the quest to obtain the information about the religion professed or not professed by a citizen cannot be in any event, be considered to be in public interest, which information is strictly confidential as per Section 15 of the Census Act, 1948. Mere terming of the members of the 'family' in respect of which the information is sought as public figures and the leaders of nation, cannot change the statutory impact of the above provisions. It is thus evident that the petitioner is making efforts to make unjustified inroads into the privacy of said individuals even if they are public figures. Consequently, the information supplied to the Census Officer cannot be made public in view of the statutory bar imposed by Section 15 of the Census Act which is not inconsistent with Section 22 read with section 8(1)(j) of the Right to Information Act, 2005. Accordingly, we find no merit in this appeal which stands dismissed.- Punjab & Haryana High Court
  9. Shrawan

    The Second Schedule

    (See section 24) Intelligence and security organisation established by the Central Government Intelligence Bureau. Research and Analysis Wing of the Cabinet Secretariat. Directorate of Revenue Intelligence. Central Economic Intelligence Bureau. Directorate of Enforcement. Narcotics Control Bureau. Aviation Research Centre. Special Frontier Force. Border Security Force. Central Reserve Police Force. Indo-Tibetan Border Police. Central Industrial Security Force. National Security Guards. Assam Rifles. Sashastra Seema Bal. Directorate General of Income-tax (Investigation) . National Technical Research Organisation. Financial Intelligence Unit, India. Special Protection Group. Defence Research and Development Organisation. Border Road Development Board. National Security Council Secretariat Central Bureau of Investigation (CBI) National Investigation Agency (NIA) National Intelligence Grid (NATGRID) Strategic Forces Command sfc.pdf information-format-rti-clarification.pdf transfer_of_application_rti.pdf deemed-cpio.pdf
  10. Shrawan

    THE FIRST SCHEDULE

    THE FIRST SCHEDULE Form of oath or affirmation THE FIRST SCHEDULE [See sections 13 (3) and 16(3)] Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner “I, …………………, having been appointed Chief Information Commissioner /Information Commissioner / State Chief Information Commissioner / State Information Commissioner swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”.
  11. Shrawan

    Section 31: Repeal

    Section 31: Repeal The Freedom of Information Act, 2002 is hereby repealed
  12. Section 30: Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
  13. Shrawan

    Section 29: Laying of rules

    Section 29: Laying of rules Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
  14. Section 28: Power to make rules by competent authority (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4; (ii) the fee payable under sub-section (1) of section 6; (iii) the fee payable under sub-section (1) of section 7; and (iv) any other matter which is required to be, or may be, prescribed
  15. Section 27: Power to make rules by appropriate Government (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4; (b) the fee payable under sub-section (1) of section 6; © the fee payable under sub-sections (1) and (5) of section 7; (d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16; the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and any other matter which is required to be, or may be, prescribed.
  16. Section 26: Appropriate Government to prepare programmes (1) The appropriate Government may, to the extent of availability of financial and other resources,— (a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act; (b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves; © promote timely and effective dissemination of accurate information by public authorities about their activities; and (d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves. (2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act. (3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include— (a) the objects of this Act; (b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5; © the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be; (d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act; (e) the assistance available from the Central Information Commission or State Information Commission, as the case may be; (f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission; (g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4; (h) the notices regarding fees to be paid in relation to requests for access to an information; and (i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act. (4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
  17. Section 25: Monitoring and Reporting (1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. (2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. (3) Each report shall state in respect of the year to which the report relates,— (a) the number of requests made to each public authority (b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; © the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; (d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act; (e) the amount of charges collected by each public authority under this Act; (f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act; (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information. (4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House. (5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
  18. Section 24: Act not to apply to certain organisations (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. (4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
  19. Section 23: Bar of jurisdiction of courts No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
  20. Section 22: Act to have overriding effect The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
  21. Chapter VI Miscellaneous Section 21: Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
  22. Shrawan

    Section: 20 Penalties

    Section: 20 Penalties (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so, however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub- section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
  23. Shrawan

    Section 19: Appeal

    Section 19: Appeal (1) Any person who, does not receive a decision within the time specified in sub- section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including— (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; © impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
  24. Chapter V Powers and functions of the Information Commissions, appeal and penalties Edit Section 18: Powers and functions of Information Commissions (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub- section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; © who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. (3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure , in respect of the following matters, namely:— (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; © receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and any other matter which may be prescribed; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
  25. Section 17: Removal of State Chief Information Commissioner or State Information Commissioner (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed. (2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,— (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or © engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner. (4) If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
×

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy