Main Article - Dec, 2005
RIGHT TO INFORMATION ACT: 2005
Ch. Srinivasa Rao, Under Secretary, CSIR, New Delhi
Genesis
In recorded history, the “Right to Information” was strongly advocated by Spartcus way back in BC 73. Roussoe and Voltaire were known for their penchant for spreading awareness about the rights of the people. American (1776) and French (1789) Revolutions were glaring facade for developing such an urge.
World scenario
The foremost country that had realized the need for Right to Information was Sweden which had enacted the Act way back in 1766. It had prompted the Scandinavian countries such as Finland (1951) Denmark and Norway (1970) to follow suit. The USA enacted the Act in 1966. During 1974, the Act had undergone amendments which enabled the Americans even to move a Court of Law on denial of information. France, the Netherlands, Austria have introduced the Act in 1970; while Canada, Australia and New Zealand have done in 1982-83. During 1997, Japan, Thailand and Ireland have made it a constitutional right.
Constitutional provisions
In fact, Article 19 of the Indian Constitution provided for Right to Information; but the Official Secrets Act, 1923 was the main hurdle for dissemination of information. It is felt that unless the Indian Evidence Act, 1872 (particularly Section 123 & 124) is suitably modified, ‘Right to Information’ cannot be pursued to the full extent. Even Acts like Commission of Enquiries Act and Publication of Parliamentary Proceedings Act, 1956 were also said to be hurdles in its progress.
Ground work
Way back in the year 1977, Shri Morarji Desai, the then Prime Minister under Janata Government had constituted a Committee to examine the feasibility of “Right to Information”. Surprisingly, the Committee was reluctant to suggest amendments to the Official Secrets Act, 1923. Once again during 1977 itself Shri L.K. Advani, the then Minister for Information & Broadcasting proposed a bill but it did not get through. Even during 1989, Shri V.P. Singh has contemplated to do something about it but his efforts got drowned in the agitation against recommendations of "Mandal Commission".
The NDA Government had introduced the “Freedom to Information” Act. In fact, there have not been much efforts to create public awareness about it. With this backdrop, the UPA Government has given the present form to the “Right to Information Act”. It was signed by the President of India on 15th June and the Gazette notification was issued on 21st June this year. Finally, the Act came into force w.e.f. 12th October, 2005.
Interestingly, in spite of certain short-comings in its implementation, various State Governments [Goa & Tamil Nadu (1997); Madhya Pradesh (1998), Rajasthan, Maharashtra, Karnataka (2000), Delhi and Assam (2001)] have introduced the Act much before the Central Government. The Act in these states is yet to gain momentum, as it was not propagated sufficiently.
"Right to Information" includes the right to inspection of work, documents, records; taking notes, extracts or certified copies of documents or records; taking certified samples of material; obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs where such information is stored in a computer or in any other device.
Basic tenets
The following are considered to be the basic tenets of “Right to Information”:
i)the democracy requires an informed citizenry and transparency of information which are vital to its functioning; to contain corruption; and also to hold Govts. and their instrumentalities accountable;
ii)revelation of information in actual practice is likely to bring conflict with other public interests including efficient operations of the Govts., optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; and
iii)to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal.
Accordingly, it is felt expedient to provide the citizens access to information under the control of public authorities. In order to promote transparency and accountability in the working of every public authority, and to provide for setting constitution of a Central Information Commission and State Information Commissions for matters connected.
Definitions
"Information" has been defined as “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.”
It is also termed as “source of information”
"Record" has been defined as “any document, manuscript and file; any microfilm, microfiche and facsimile copy of a document; any reproduction of image or images embodies in such microfilm and any other material produced by a computer or any other device.
Scope
According to the Act, the information is also to be disseminated through various means including signboards, wall posters, advertisements, etc. depending upon availability of funds. If we were to make the Act effective, the mindset of the bureaucrats has to be changed first.
The Govt. has been contemplating digitalization of information in all the Govt. Offices but it has not prescribed any time limits for such digitalization. It is a known fact that a good number of Govt. Offices are lacking necessary equipment like computers, scanners, etc. There is an urgent need for strengthening the Information Network for the purpose.
Maintenance of records
Every public authority is required to maintain its records duly catalogued and indexed in a manner and the form to facilitate dissemination of information and ensure that all the records that are appropriate to be computerized, subject to availability of resources are to be computerized and connected through a network all over the country on different systems within a reasonable time.
Limitations
Information which involves sovereignty of the country, integrity and financial issues, international relations, any thing that abets crime, cases of contempt of court, rights of Parliament/Legislative Assembly, trade secrets, source of information, information that may affect the progress of investigation, proceedings of the Cabinet, etc. cannot be provided. It may be noted that the proceedings of the Cabinet meetings need not be made public even after 20 years.
Information received in confidence from foreign Government; information which may endanger the life or physical safety of any person or identity the source of information or assistance given in confidence for law enforcement or security purposes, 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 cannot be provided. Commercial transactions are also exempt from the operation of this Act.
Information relating to about 18 Governmental agencies such as Intelligence Bureau, Research & Analysis Wing, Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotic Control Bureau, Central Reserve Police Force, Indo-Tibetan Boarder Police, Central Industrial Security Force, Boarder Security Force, etc. cannot be provided.
However, issues relating to corruption, human rights in the above organizations can be sought and obtained.
Who can ask ?
Any citizen can ask and obtain information without assigning any reasons or purpose. Except their address to which such information has to be sent, the applicants need not give any personal details.
What can be asked ?
Information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Wherever a request for providing access is considered to involve infringement of copy right subsisting in a person other than the State, such request cannot be accepted.
Discretionary powers
The Officers who are handling important information are allowed to use their discretion as to whether any such information can be made public or not. While countries like Canada, Australia, New Zealand, Japan, Ireland, and even Thailand made it a constitutional right to seek information, in India even Courts cannot interfere in such discretionary power. However, the Central/ State Information Commissionerates can entertain appeals.
Who would provide ?
Officers designated as "Public Information Officers" and "Assistant Public Information Officers" in all Govt. Departments and Offices, organizations set up on Statutory Orders, Parliament, Organizations set up by Parliament / State Legislatures/ Governments, Secretariat, Revenue, Agriculture, Civil Supplies, Police, Courts, and similar other agencies are expected to provide information.
Prescription of fee
While no fee is charged in cases at village level, some fee at Mandal, Division level has to be paid. Cost of making copies at prescribed rates has to be borne by the applicant. For inspection of records, no fee has been prescribed for the first hour. Beyond one hour, a fee of Rs.5/- for each subsequent hour or fraction thereof has been prescribed.
Time limits
The Public Information Officers are supposed to provide information as early as possible but not later than 30 days from the date of application. Information relating to “right to live” and “right to individual freedom” has to be provided within 48 hours. Under Section 8 and 9 of RTI Act, if any information is rejected, reasons are to be given. If such information is not available with a particular department, it is the responsibility of the Information Officer to forward such an application to an agency where such information is expected to be available.
If information is denied ?
If the Public Information Officer rejects an application without assigning any reasons, or if no information is provided, appeal can be filed with the Central Information Commission within 30 days. Such appeals are required to be disposed of by the Commission within 30-45 days.
Under Section 20 (1) of RTI Act, complaints can be filed, if the application is not accepted by the Information Officer or the information has not been given within a reasonable time, or insufficient / wrong information is given, or wrongly guided, or even if information is destroyed or if any hurdles are created, a penalty of Rs.250/- per day will be imposed on the Information Officer concerned by the Information Commission besides initiating disciplinary action against the persons responsible.
Reckoning the delay
The delay has to be reckoned till the application which was rejected earlier is accepted by the Information Officer or the date of providing information asked for where the application is received but information has not been provided.
Appointment of Public Information Officer
At Central level, a Committee consisting of the Prime Minister, Leader of the Opposition, and a Cabinet rank Minister shall suggest a suitable person for the post of Information Commissioner. Similarly at State level, the Chief Minister, Leader of the Opposition and Cabinet rank Minister shall complete this exercise. Such recommendations will be sent to the President of India at Central level, and the Governor at State level.
Information Commissionerates have been established at Central and State level consisting of Chief Information Commissioner, and up to 10 Information Commissioners, with Assistant Information Commissioners at Division level. Such appointees will be called as Central/State Public Information Officers (CPIO/SPIO) as the case may be.
Functions & Powers
i) deal with requests from persons seeking information and render appropriate assistance;
ii) to receive applications for information or appeals for forwarding the same to the Officers concerned shall process the same as soon as practicable but in no case later than 5 days from the date of receipt;
iii) seek assistance of any other Officer as considered necessary for proper discharge of duties;
iv) shall see to it to provide information concerning the life or liberty of a person within 48 hours of the receipt of the request;
v) shall provide the information on payment of fee where a decision is taken to provide the information, advise the applicant on payment of any further fee representing the cost of providing such information; or reject the request duly providing the reasons for such rejection; the period within which an appeal against such rejection may be preferred; and the particulars of the appellate authority; and
vi) if fails to give decision on the request for information within the specified period, it shall be deemed to have refused the request.
Appeal mechanism
Who can appeal ?
i) Any person who has not been given response to a request for information within the time limit specified:
ii) who has not been given a response to request for information within the time limit specified;
iii) who has asked to pay an amount of fee which he or she considers unreasonable;
iv) who believes that incomplete, misleading or false information was given;
v) in respect of any other matter relating to requesting or obtaining access to records where the Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry; and
vi) any person who does not receive a decision within the time specified or is aggrieved by a decision of the Information Officer may within 30 days from the expiry of such period prefer an appeal.
Central Information Commission Rules
With a view to provide necessary appeal mechanism, the “Central Information Commission (Appeal Procedure) Rules, 2005 have been formulated.
The salient features of the above rules are:
Contents of appeal
An appeal to the Commission shall contain:
a) name and address of the appellant;
b) name and address of the PIO against the decision of whom the appeal is preferred;
c) particulars of the order including number, if any, against which the appeal is preferred;
d) brief facts leading to the appeal;
e) if the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the PIO to whom the application was made;
f) prayer or relief sought;
g) grounds for the prayer or relief;
h) verification by the appellant; and
i) any other information which the Commission may deem necessary for deciding the appeal.
Modus operandi of appeal
In deciding the appeal, the Commission may:
i) hear oral or written evidence on oath or on affidavit from concerned or interested person;
ii) inspect documents, public records or copies thereof;
iii) inquire through an authorized Officer for further details or facts;
iv) hear PIO/APIO or such senior Officer who decide the first appeal, or such person against whom the complaint is made;
v) hear the third party; and
vi) receive evidence on affidavits from PIO/APIO such senior Officer who decided the first appeal, such person against whom the complaint lies or the third party.
Notice to be issued by the Commission may be served in any of the following modes:
a) service by the party itself;
b) by hand delivery through Process Server;
c) by Registered Post with Ack. Due; or
d) through Head of Office or Department.
Presence of the appellant
i) The appellant/complainant shall in every case be informed of the date of hearing at least seven clear days before that date.
ii) The appellant/complainant may at his discretion at the time of hearing of the appeal by the Commission be present in person or through his duly authorized representative.
iii) Where the Commission is satisfied that the circumstances do exist due to which the appellant/complainant is being prevented from attending the hearing of the Commission, it may afford the appellant/ complainant another opportunity of being heard before a final decision is taken or take any other appropriate action, as it may deem fit.
iv) the appellant/complainant may seek the assistance of any person, other than a legal practitioner, in the process of the appeal while presenting his points.
Order of the Commission
Order of the Commission shall be pronounced in open proceedings and will be in writing duly authenticated by the Registrar or any other authorized Officer.
Functions of Information Commission
The main function of the Commission is to receive and inquire into a complaint from any person whose application, either for information or for appeal, is refused by the PIO.
Judicial powers
While inquiring into any matter have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of:
i) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and also to produce the documents or things;
ii) requiring the discovery and inspection of documents;
iii) receiving evidence on affidavit;
iv) requisitioning any public record or copies thereof from any Court/Office;
v) issuing summons for examination of witnesses or documents; and
vi) any other matter which may be prescribed
An appeal shall be disposed of within 30 days or within such extended period not exceeding a total of 45 days from the date of filing for reasons to be recorded in writing.
The decision of the Information Commission shall be binding and it has the power to require the public authority to take any such steps as may be necessary to secure compliance including:
i) by providing access to information, if so requested, in a particular form;
ii) by appointing a Public Information Officer;
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 Right to Information for its Officials;
vi) by providing an Annual Report
vii) require the public authority to compensate the complainant for any loss or other detriment suffered;
viii) impose any of the penalties provided under this Act;
ix) reject the application
x) The Commission shall prepare an Annual Report and cause a copy of the report to be laid before each House of Parliament/ State Legislature.
xi) The Commission shall make necessary recommendations for reform, development, improvement, modernization, amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access to information.
Imposing penalties
At the time of deciding the appeal, if it is of the opinion that without any reasonable cause refused to receive an application, it shall impose a penalty of Rs.250/- each day on the Public Information Officer till the application is accepted or information is furnished. However, the total penalty shall not exceed Rs.25,000/-.
In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the PIO who denied the request.
The onus of proving that the PIO has acted reasonably and diligently shall be on the Public Information Officer.
No suit, prosecution or other legal proceedings shall be against any person for any thing which is in good faith done or intended to be done under the Act.
No court shall entertain any suit, application or other proceeding in respect of any order made under this Act.
Obligations of the Govt.
i) develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under the Act;
ii) encourage public authorities to undertake and participate in the development and organization programmes;
iii) promote timely and effective dissemination of accurate information about their activities; and
iv) train Public Information Officers of public authorities and produce relevant training material for use by the public authorities.
References
1. The "Right to Information Act, 2005" (No.22 of 2005 -- 15th June, 2005]
2. “Saraina vyavasthaku samachara hakkey punaadi”, Uppuloori Muralikrishna, ENAADU (Telugu), June 18, 2005
3. “Samacharam pondochchila”, ENAADU, Oct. 12, 2005
4. “Padune leni samachara khadgam”, by Satya Srinivasu, ENAADU (Telugu), Oct. 23, 2005.
5. “Paalana ika paaradarshakam”, “Pratibha” (A Supplement), ENAADU, Oct. 29, 2005
7. GoI MPPG&P DoPT Gazette Ntfn. F. No. 34012/8(s)/2005-Estt.(B) dt. 27-10-2005, published in Part-II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary dt. 27-10-2005; CSIR Endt. No.9(13)/2005-E.III dt. 8-12-2005
8. GoI MPPG&P DoPT Gazette Ntfn. dt. 28-10-2005, published in Part-II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary; CSIR Endt. No.9(13)/ 2005-E.III dt. 8-12-2005
Ch. Srinivasa Rao, Under Secretary, CSIR, New Delhi
Genesis
In recorded history, the “Right to Information” was strongly advocated by Spartcus way back in BC 73. Roussoe and Voltaire were known for their penchant for spreading awareness about the rights of the people. American (1776) and French (1789) Revolutions were glaring facade for developing such an urge.
World scenario
The foremost country that had realized the need for Right to Information was Sweden which had enacted the Act way back in 1766. It had prompted the Scandinavian countries such as Finland (1951) Denmark and Norway (1970) to follow suit. The USA enacted the Act in 1966. During 1974, the Act had undergone amendments which enabled the Americans even to move a Court of Law on denial of information. France, the Netherlands, Austria have introduced the Act in 1970; while Canada, Australia and New Zealand have done in 1982-83. During 1997, Japan, Thailand and Ireland have made it a constitutional right.
Constitutional provisions
In fact, Article 19 of the Indian Constitution provided for Right to Information; but the Official Secrets Act, 1923 was the main hurdle for dissemination of information. It is felt that unless the Indian Evidence Act, 1872 (particularly Section 123 & 124) is suitably modified, ‘Right to Information’ cannot be pursued to the full extent. Even Acts like Commission of Enquiries Act and Publication of Parliamentary Proceedings Act, 1956 were also said to be hurdles in its progress.
Ground work
Way back in the year 1977, Shri Morarji Desai, the then Prime Minister under Janata Government had constituted a Committee to examine the feasibility of “Right to Information”. Surprisingly, the Committee was reluctant to suggest amendments to the Official Secrets Act, 1923. Once again during 1977 itself Shri L.K. Advani, the then Minister for Information & Broadcasting proposed a bill but it did not get through. Even during 1989, Shri V.P. Singh has contemplated to do something about it but his efforts got drowned in the agitation against recommendations of "Mandal Commission".
The NDA Government had introduced the “Freedom to Information” Act. In fact, there have not been much efforts to create public awareness about it. With this backdrop, the UPA Government has given the present form to the “Right to Information Act”. It was signed by the President of India on 15th June and the Gazette notification was issued on 21st June this year. Finally, the Act came into force w.e.f. 12th October, 2005.
Interestingly, in spite of certain short-comings in its implementation, various State Governments [Goa & Tamil Nadu (1997); Madhya Pradesh (1998), Rajasthan, Maharashtra, Karnataka (2000), Delhi and Assam (2001)] have introduced the Act much before the Central Government. The Act in these states is yet to gain momentum, as it was not propagated sufficiently.
"Right to Information" includes the right to inspection of work, documents, records; taking notes, extracts or certified copies of documents or records; taking certified samples of material; obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs where such information is stored in a computer or in any other device.
Basic tenets
The following are considered to be the basic tenets of “Right to Information”:
i)the democracy requires an informed citizenry and transparency of information which are vital to its functioning; to contain corruption; and also to hold Govts. and their instrumentalities accountable;
ii)revelation of information in actual practice is likely to bring conflict with other public interests including efficient operations of the Govts., optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; and
iii)to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal.
Accordingly, it is felt expedient to provide the citizens access to information under the control of public authorities. In order to promote transparency and accountability in the working of every public authority, and to provide for setting constitution of a Central Information Commission and State Information Commissions for matters connected.
Definitions
"Information" has been defined as “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.”
It is also termed as “source of information”
"Record" has been defined as “any document, manuscript and file; any microfilm, microfiche and facsimile copy of a document; any reproduction of image or images embodies in such microfilm and any other material produced by a computer or any other device.
Scope
According to the Act, the information is also to be disseminated through various means including signboards, wall posters, advertisements, etc. depending upon availability of funds. If we were to make the Act effective, the mindset of the bureaucrats has to be changed first.
The Govt. has been contemplating digitalization of information in all the Govt. Offices but it has not prescribed any time limits for such digitalization. It is a known fact that a good number of Govt. Offices are lacking necessary equipment like computers, scanners, etc. There is an urgent need for strengthening the Information Network for the purpose.
Maintenance of records
Every public authority is required to maintain its records duly catalogued and indexed in a manner and the form to facilitate dissemination of information and ensure that all the records that are appropriate to be computerized, subject to availability of resources are to be computerized and connected through a network all over the country on different systems within a reasonable time.
Limitations
Information which involves sovereignty of the country, integrity and financial issues, international relations, any thing that abets crime, cases of contempt of court, rights of Parliament/Legislative Assembly, trade secrets, source of information, information that may affect the progress of investigation, proceedings of the Cabinet, etc. cannot be provided. It may be noted that the proceedings of the Cabinet meetings need not be made public even after 20 years.
Information received in confidence from foreign Government; information which may endanger the life or physical safety of any person or identity the source of information or assistance given in confidence for law enforcement or security purposes, 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 cannot be provided. Commercial transactions are also exempt from the operation of this Act.
Information relating to about 18 Governmental agencies such as Intelligence Bureau, Research & Analysis Wing, Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotic Control Bureau, Central Reserve Police Force, Indo-Tibetan Boarder Police, Central Industrial Security Force, Boarder Security Force, etc. cannot be provided.
However, issues relating to corruption, human rights in the above organizations can be sought and obtained.
Who can ask ?
Any citizen can ask and obtain information without assigning any reasons or purpose. Except their address to which such information has to be sent, the applicants need not give any personal details.
What can be asked ?
Information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Wherever a request for providing access is considered to involve infringement of copy right subsisting in a person other than the State, such request cannot be accepted.
Discretionary powers
The Officers who are handling important information are allowed to use their discretion as to whether any such information can be made public or not. While countries like Canada, Australia, New Zealand, Japan, Ireland, and even Thailand made it a constitutional right to seek information, in India even Courts cannot interfere in such discretionary power. However, the Central/ State Information Commissionerates can entertain appeals.
Who would provide ?
Officers designated as "Public Information Officers" and "Assistant Public Information Officers" in all Govt. Departments and Offices, organizations set up on Statutory Orders, Parliament, Organizations set up by Parliament / State Legislatures/ Governments, Secretariat, Revenue, Agriculture, Civil Supplies, Police, Courts, and similar other agencies are expected to provide information.
Prescription of fee
While no fee is charged in cases at village level, some fee at Mandal, Division level has to be paid. Cost of making copies at prescribed rates has to be borne by the applicant. For inspection of records, no fee has been prescribed for the first hour. Beyond one hour, a fee of Rs.5/- for each subsequent hour or fraction thereof has been prescribed.
Time limits
The Public Information Officers are supposed to provide information as early as possible but not later than 30 days from the date of application. Information relating to “right to live” and “right to individual freedom” has to be provided within 48 hours. Under Section 8 and 9 of RTI Act, if any information is rejected, reasons are to be given. If such information is not available with a particular department, it is the responsibility of the Information Officer to forward such an application to an agency where such information is expected to be available.
If information is denied ?
If the Public Information Officer rejects an application without assigning any reasons, or if no information is provided, appeal can be filed with the Central Information Commission within 30 days. Such appeals are required to be disposed of by the Commission within 30-45 days.
Under Section 20 (1) of RTI Act, complaints can be filed, if the application is not accepted by the Information Officer or the information has not been given within a reasonable time, or insufficient / wrong information is given, or wrongly guided, or even if information is destroyed or if any hurdles are created, a penalty of Rs.250/- per day will be imposed on the Information Officer concerned by the Information Commission besides initiating disciplinary action against the persons responsible.
Reckoning the delay
The delay has to be reckoned till the application which was rejected earlier is accepted by the Information Officer or the date of providing information asked for where the application is received but information has not been provided.
Appointment of Public Information Officer
At Central level, a Committee consisting of the Prime Minister, Leader of the Opposition, and a Cabinet rank Minister shall suggest a suitable person for the post of Information Commissioner. Similarly at State level, the Chief Minister, Leader of the Opposition and Cabinet rank Minister shall complete this exercise. Such recommendations will be sent to the President of India at Central level, and the Governor at State level.
Information Commissionerates have been established at Central and State level consisting of Chief Information Commissioner, and up to 10 Information Commissioners, with Assistant Information Commissioners at Division level. Such appointees will be called as Central/State Public Information Officers (CPIO/SPIO) as the case may be.
Functions & Powers
i) deal with requests from persons seeking information and render appropriate assistance;
ii) to receive applications for information or appeals for forwarding the same to the Officers concerned shall process the same as soon as practicable but in no case later than 5 days from the date of receipt;
iii) seek assistance of any other Officer as considered necessary for proper discharge of duties;
iv) shall see to it to provide information concerning the life or liberty of a person within 48 hours of the receipt of the request;
v) shall provide the information on payment of fee where a decision is taken to provide the information, advise the applicant on payment of any further fee representing the cost of providing such information; or reject the request duly providing the reasons for such rejection; the period within which an appeal against such rejection may be preferred; and the particulars of the appellate authority; and
vi) if fails to give decision on the request for information within the specified period, it shall be deemed to have refused the request.
Appeal mechanism
Who can appeal ?
i) Any person who has not been given response to a request for information within the time limit specified:
ii) who has not been given a response to request for information within the time limit specified;
iii) who has asked to pay an amount of fee which he or she considers unreasonable;
iv) who believes that incomplete, misleading or false information was given;
v) in respect of any other matter relating to requesting or obtaining access to records where the Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry; and
vi) any person who does not receive a decision within the time specified or is aggrieved by a decision of the Information Officer may within 30 days from the expiry of such period prefer an appeal.
Central Information Commission Rules
With a view to provide necessary appeal mechanism, the “Central Information Commission (Appeal Procedure) Rules, 2005 have been formulated.
The salient features of the above rules are:
Contents of appeal
An appeal to the Commission shall contain:
a) name and address of the appellant;
b) name and address of the PIO against the decision of whom the appeal is preferred;
c) particulars of the order including number, if any, against which the appeal is preferred;
d) brief facts leading to the appeal;
e) if the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the PIO to whom the application was made;
f) prayer or relief sought;
g) grounds for the prayer or relief;
h) verification by the appellant; and
i) any other information which the Commission may deem necessary for deciding the appeal.
Modus operandi of appeal
In deciding the appeal, the Commission may:
i) hear oral or written evidence on oath or on affidavit from concerned or interested person;
ii) inspect documents, public records or copies thereof;
iii) inquire through an authorized Officer for further details or facts;
iv) hear PIO/APIO or such senior Officer who decide the first appeal, or such person against whom the complaint is made;
v) hear the third party; and
vi) receive evidence on affidavits from PIO/APIO such senior Officer who decided the first appeal, such person against whom the complaint lies or the third party.
Notice to be issued by the Commission may be served in any of the following modes:
a) service by the party itself;
b) by hand delivery through Process Server;
c) by Registered Post with Ack. Due; or
d) through Head of Office or Department.
Presence of the appellant
i) The appellant/complainant shall in every case be informed of the date of hearing at least seven clear days before that date.
ii) The appellant/complainant may at his discretion at the time of hearing of the appeal by the Commission be present in person or through his duly authorized representative.
iii) Where the Commission is satisfied that the circumstances do exist due to which the appellant/complainant is being prevented from attending the hearing of the Commission, it may afford the appellant/ complainant another opportunity of being heard before a final decision is taken or take any other appropriate action, as it may deem fit.
iv) the appellant/complainant may seek the assistance of any person, other than a legal practitioner, in the process of the appeal while presenting his points.
Order of the Commission
Order of the Commission shall be pronounced in open proceedings and will be in writing duly authenticated by the Registrar or any other authorized Officer.
Functions of Information Commission
The main function of the Commission is to receive and inquire into a complaint from any person whose application, either for information or for appeal, is refused by the PIO.
Judicial powers
While inquiring into any matter have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of:
i) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and also to produce the documents or things;
ii) requiring the discovery and inspection of documents;
iii) receiving evidence on affidavit;
iv) requisitioning any public record or copies thereof from any Court/Office;
v) issuing summons for examination of witnesses or documents; and
vi) any other matter which may be prescribed
An appeal shall be disposed of within 30 days or within such extended period not exceeding a total of 45 days from the date of filing for reasons to be recorded in writing.
The decision of the Information Commission shall be binding and it has the power to require the public authority to take any such steps as may be necessary to secure compliance including:
i) by providing access to information, if so requested, in a particular form;
ii) by appointing a Public Information Officer;
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 Right to Information for its Officials;
vi) by providing an Annual Report
vii) require the public authority to compensate the complainant for any loss or other detriment suffered;
viii) impose any of the penalties provided under this Act;
ix) reject the application
x) The Commission shall prepare an Annual Report and cause a copy of the report to be laid before each House of Parliament/ State Legislature.
xi) The Commission shall make necessary recommendations for reform, development, improvement, modernization, amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access to information.
Imposing penalties
At the time of deciding the appeal, if it is of the opinion that without any reasonable cause refused to receive an application, it shall impose a penalty of Rs.250/- each day on the Public Information Officer till the application is accepted or information is furnished. However, the total penalty shall not exceed Rs.25,000/-.
In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the PIO who denied the request.
The onus of proving that the PIO has acted reasonably and diligently shall be on the Public Information Officer.
No suit, prosecution or other legal proceedings shall be against any person for any thing which is in good faith done or intended to be done under the Act.
No court shall entertain any suit, application or other proceeding in respect of any order made under this Act.
Obligations of the Govt.
i) develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under the Act;
ii) encourage public authorities to undertake and participate in the development and organization programmes;
iii) promote timely and effective dissemination of accurate information about their activities; and
iv) train Public Information Officers of public authorities and produce relevant training material for use by the public authorities.
References
1. The "Right to Information Act, 2005" (No.22 of 2005 -- 15th June, 2005]
2. “Saraina vyavasthaku samachara hakkey punaadi”, Uppuloori Muralikrishna, ENAADU (Telugu), June 18, 2005
3. “Samacharam pondochchila”, ENAADU, Oct. 12, 2005
4. “Padune leni samachara khadgam”, by Satya Srinivasu, ENAADU (Telugu), Oct. 23, 2005.
5. “Paalana ika paaradarshakam”, “Pratibha” (A Supplement), ENAADU, Oct. 29, 2005
7. GoI MPPG&P DoPT Gazette Ntfn. F. No. 34012/8(s)/2005-Estt.(B) dt. 27-10-2005, published in Part-II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary dt. 27-10-2005; CSIR Endt. No.9(13)/2005-E.III dt. 8-12-2005
8. GoI MPPG&P DoPT Gazette Ntfn. dt. 28-10-2005, published in Part-II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary; CSIR Endt. No.9(13)/ 2005-E.III dt. 8-12-2005
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