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RTI Act

CA.MANISH MALHOTRA , Last updated: 06 December 2010  
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Friends you all might hear about RIGHT TO INFORMATION (RTI). RTI ACT, 2005 is not just only an act but its power in your hand to change your country.

 

First I am giving you an idea about RTI:

 

As on date, over 85 countries have enactedand are implementing such legislation(s) in some form or the other.

 

Chronology of Some National FoI-Freedom of Information Legislations in the World

 

-Sweden 1766 

Colombia 1888

_ Finland 1951

_ United States of America 1966

_ Denmark, Norway 1970

_ France 1978

_ Australia, New Zealand 1982

_ Canada 1983

 

 

In India:

 

Article 19(1)(a)of the Constitution of Indiaguarantees to all its citizens the‘Fundamental Right’ to ‘Freedom of Speech and Expression.

 

Evolution of RTI in India

 

1.The Chief Ministers Conference on “Effective and Responsive Government”, held on 24th May, 1997 at New Delhi, unanimously recognised the need toenact a law on RTI.

 

2. The Department of Personnel, Government of India (GoI) decided to set-up a ‘Working Group’ (on ‘RTI and Promotion of Open and Transparent Government’) in January 1997 under the chairmanship of Mr. H. D. Shouri.

 

3. The ‘Working Group’ submitted its comprehensive and detailed report and the draft Bill on FoI in May 1997.

 

4. The ‘Press Council of India’, the ‘Press Institute ofIndia’, the ‘National Campaign for People’s RTI’ and the ‘Forum for RTI’ unanimously submitted a resolution to GoI in February, 2000 – to amend the proposed Bill.

 

5.The Government of India (GoI) introduced the ‘Freedom of Information (FoI) Bill, 2000’ (Bill No.98 of 2000) in the Lok Sabha on 25th July, 2000.

 

6. The Bill, which cast an obligation upon public authorities to furnish such information wherever asked for, was passed by the Parliament as the ‘FoI Act, 2002’.

 

However, the Act could not be brought into force because the date from which the Act could come into force, was not notified in the Official Gazette.

 

The ‘National Advisory Council’ (NAC) set up by the United Progressive Alliance (UPA) Government at the Centre, which came into power in 2004, suggested important changes to be incorporated in the FOI Act.

 

These suggestions were examined by the Government, which decided to make the FOI Act more progressive, participatory and meaningful.

 

Later, the UPA Government decided to repeal theFOI Act, and enacted a new legislation, the ‘RTI Act, 2005’

 

Also, RTI Bill introduced in Lok Sabha 23.12.2004

 

Lok Sabha passes the RTI Bill 11.05.2005

 

Rajya Sabha passes the RTI Bill 12.05.2005

 

President of India assents the Act few provisions come into force 15.06.2005

 

The RTI Act, 2005 is published in theGazette of India, Part II, 21.06.2005 Sec. 1, Ext.No. 25 The RTI Act, 2005 comes into full force. 12.10.2005

 

How Can we use the power of RTI?

 

Section 2(j) of RTI ACT, 2005 provides- Citizens Right to Information.

 

Section 2(f) of RTI ACT, 2005 describe meaning of Information.

 

For seeking information An information seeker should make an application in writing or through electronic means to the PIO / APIO of the PA concerned… in English / Hindi / …official language of the area in which the application is being made,

 

The application can be sent by post or through electronic means or the information seeker can deliver it personally in the office of the PA.

 

The application should specify particulars of the information sought accompanying such fee as maybe prescribed… [Section. 6(1)] If a person is unable to make a request in writing, the PIO shall render all reasonable assistance to the person making the request orally to reduce the same in writing. Where a decision is taken to give access to a sensorial disabled person to any document, the PIO shall provide such assistance to the person as maybe appropriate for the inspection of records.

 

An applicant shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for Contacting [Section. 6(2)]

 

Fees of Application is Rupee 10/- Cash/DD/Banker’s Cheque Accounts Officer of Public Authority

 

 

for any question use this thread /forum/rti-act-115471.asp

 

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Published by

CA.MANISH MALHOTRA
(CA, CWA)
Category Others   Report

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