Tuesday 22 November 2011

THE RIGHT TO INFORMATION ACT 2005

               We always cry about lack of transparency in government procedure,recruitment, tenders , project allocation and what not. The natural question comes -" what we do about it?"  Lot of corrupt practices go on in various organisations . What we do about it?  Well whenever such a question is asked there is a escape way to it -- " We cant do anything ." , " What a single man can do? ,  " This country is hopeless?"
Those who vote they think once in five year when they will vote then that's it. Role is finished.These kind of people don't deserve to cry about transparency and corruption.And for the people who don't vote; they are  burden to the society and country . So lets not waist time and energy talking about them.
                                                                             
                   You know the beauty of the democracy is that it has to listen to the voices of very people who choose the leaders who in turn run the democracy Whether reluctantly or otherwise.One such reluctant move was the Right to information act 2005. The Central government accepted Maharashtra Governments structure of Right to information Act and passed it.(Maharashtra govt was reluctant to pass the act but because of civil societies pressure and movement of Anna Hazare at that time within Maharashtra ; the act was passed).Maharashtra state was first in country to pass the act ( of course because of pressure of movements !!!)

               The Act itself is a beauty and a very powerful tool to check on corrupt practices.But the irony is very few among us use this tool. Well leave aside the use;  how many of us actually know the act? Ask the question to yourself . How many of us really know about the act? If answer is negative then we simply do not deserve to cry about corruption and transparency. We choose to believe that this is a work of some NGOs or some civil societies or some FOOL individuals.We are so wrong.It's time to change this very thought.

Here are some facts about the act.( GENERAL FACTS .Please go through the act for in depth information)
According to Act :
INFORMATION :-
 It is any material in any form.It includes records,documents,memos,e-mails,opinions, advice's,press release,circulars,orders,log books, contracts , reports,papers , samples, models ,data material held in any electronic form.
The Right also includes inspection of any work , documents and records ,taking notes ,extracts or certified copies of documents and / or records.

EXEMPTION :
The right is not absolute . Sections 8 and 9 of the act enumerate the categories of information which are exempt from disclosure. Schedule II of the act contains names of intelligence and security organisation which are exempted from purview of the act excluding the allegations of corruption and human rights violation.

HOW TO GET INFORMATION:
A citizen who desires to obtain the information under the act,should make an application (no standard format for the application , it can be made on plane simple paper) to the central public information officer of the organisation in Hindi/English/working language of that area.Application also can be sent by the Register post / Speed post to the concerned department.

FEES:
Applicant is required to pay the fees towards the cost of providing the information.The fees is different for state and Central govt. For Central govt it is normally 10 rupees.Any additional cost for the information is conveyed to the applicant by the Central Public Information officer (CPIO), which has to be paid to get the required information.

DISPOSAL OF REQUEST:
The CPIO is required to provide the information to applicant within 30 Days of receipt of the valid application.If the information sought for concerns life or liberty of the person ,the information shall be provided with-in 48 hours of the receipt of the request.

If the applicant is not provided with the information within 30 days / 48 hours as the case may be or if the applicant is not satisfied with the given information ; he may appeal to the first appellate authority (officer senior in rank to CPIO ). Such an application must be made within 30 days of CPIO's rejection of first application /  within 30 days counting starting after CPIO has provided information.At this stage the first appellate authority should provide the information within 30 days.(45 days in exceptional circumstances)

If appellate authority fails to provide the information within the stipulated time or applicant is not satisfied with the information he may appeal to the Central Information Commission.

FURTHER INFORMATION :
1) www.rti.gov.in
2) www.cic.gov.in
3) india.gov.in


ONE SAMPLE  FORMAT FOR RTI APPLICATION :


                           

To,
Centeral Public Information officer / Asst Public information officer,
NAME OF OFFICE WITH ADDRESS


Sub : Information under RTI act , 2005.

Sir/Madam,
The undersigned here by require the following perticulars of information.

(a) Subject mateer : ----------------------------------------------------------
         1.
         2.
         3.
Preferred Language of the said information is --------------------------

In case the subject matter or any of the information or any part of the information is held by or related to any other public authority you are requested to transfer the application or such part of it as may be appropriate to that other public authority with an intimation to the undersigned[section 6(3) of RTI act].

Furthur it is stated that the information is required by speed post / via a email / will be collected in person upon intimation.

                                                                                                           Signature/thumb impression.
                                                                                                                         NAME of applicant
                                                                                                                         ADDRESS of applicant.
                                                                                                                        *Email of applicant


Enclousers.
                    1. Cash receipt of fees paid for the information (normally 10 ruppes ).        


(*- if information is sought via e-mail)


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