RTI ACT :-
RTI Act was made in 2005 and it became effective from october12, 2005. Article 19 also gives the right to information with regard to freedom of speech and expression.
Features of the act :–
1. The RTI act is expended to all states except J&K.
2. It provides a very definite day for its commencement i.e.120 days from its enactment.
3. It applies to every public authority.
4. All citizens have the RTI, subject to provision of the act.
5. The public information officers /assistant public information officer will be responsible to deal with the requests for information.
6. Fee will be payable by the applicant depending upon the nature of information sought.
Definition :-
“Right to information” means right to information accessible under the act which is held by or under the control of public authority.
1. Taking notes , summary and certified copies of document & records.
2. Inspection of work, documents and records.
3. Take certified copies of sample material.
4. Obtain the information on internet, diskette, tapes , vcds etc.
Request for obtaining information :-
1. Application need to submitted in written or electronic mode with the prescribed fee.
2. Information to be provided within 30 days.
3. 48 hours when life or liberty is involved.
4. 35 days when request is given to assistant Public information officer.
5. Time taken for calculation and intimation of fee excluded from the time frame.
6. No action on application for 30 days is a deemed refusal.
Exemption for disclosure :- ( section 8)
Certain categories of information have been exempted from disclosure if it affects:
1. Sovereignty and integrity of india.
2. Expressly forbidden by court or tribunal
3. Breach of privilege of parliament
4. Commercial confidence & trade secrets or intellectual property.
5. Information received in confidence from foreign government.
6. Cabinet papers.
Rejection of request :- (section 9)
The PIO can reject to give information where it can cause to infringement of copyright subsisting in a person would be involved.
Who is excluded?
1. Directorate of Revenue intelligence
2. Central economic intelligence Bureau
3. Narcotics control Bureau
4. BSF, CRPF,ITBP,CISF , NSF
5. Agencies specified by the state govt. through a notification will also be excluded.
Regards
Renu
CAclubindia
