Dr BK Gohain
June 15, 2005 will always be written in letters of gold in the history of our country, as a revolutionary piece of legislation giving right to information to the citizens of the country was enacted in the name and style ‘‘The Right to Information Act, 2005.’’
Do you know that a citizen has been equated to a member of Parliament or State legislature in the matter of getting information from the government? It has been laid down in the Act that the information which cannot be denied to Parliament or a State legislature shall not be denied to any person. This means that after the enactment of this Act, a citizen does not have to approach a member of Parliament or a member of Legislative Assembly to obtain information from any office or department of the government or government undertaking.
The procedure is very simple.
First, write down an application in a plain paper as to what you want to know from an office of the government/public undertaking which is called Public Authority in this Act. Say, you want to know as to how much amount was spent on a road constructed anywhere in the country, about its plan and estimate, the name of the contractor who was awarded the contract to construct it, about the details of the tender process. You write down an application, or if you are illiterate, get it written down, pay the application fee (Rs 10 for the Government of Assam and in Government of India offices) in cash or banker’s cheque or bank draft, and send it by post preferably under the certificate of posting or by registered post or hand it to the officer notified as the Public Information Officer or to anyone of the office. A receipt will be issued to you.
Second, the Public Information Officer informs you of the cost for photocopy or diskette which is Rs 2 per page for photocopy and Rs 50 for a diskette. You are to pay the cost assessed. However, if you are a BPL citizen, you do not have to pay any application fee. You simply have to enclose an attested copy of the BPL certificate issued by the authority with your RTI application.
Third, the Public Information Officer of the office will have to furnish you the information along with the photocopy of the records or with a diskette containing the information within 30 days. In case the information concerns the life or liberty of a person, the information has to be furnished to you within 48 hours.
Fourth, if the Public Information Officer does not furnish you the information within the stipulated time, you may approach the Central Information Commission if you had applied to the Government of India offices/undertakings or to the State Information Commission of the State if it relates to the State Government officers/undertakings with a complaint. The Commission will direct the Public Information officer to furnish the information immediately. The Commission has the right to discipline the Public Information Officer by way of imposition of fine at Rs 250 for each day of delay up to a maximum of Rs 25,000. He can recommend disciplinary action against the recalcitrant officer and may also compensate you if you are harassed by the office. You may also approach the Commission if you are unable to submit a request to the Public Information Officers of any office, if no Public Information Officer (PIO) has been appointed in the office, if the PIO has refused to accept your application, or you appeal for forwarding it to the First Appellate Authority (usually the Head of the Department/Office). You may also send a complaint to the Commission (1) if the PIO refuses to furnish the information and (2) if the cost charged for the information furnished to you is incomplete, misleading or false and in respect of any other matter relating to requesting or obtaining access to records under the RTI Act.
The Commission, on receipt of your complaint, if satisfied that you are justified in lodging the complaint, will cause an inquiry and give a hearing in which the PIO has to come and attend with the necessary records. If the Commission finds your complaint reasonable, it may direct the public authority to furnish information in the form in which you have sought for, may appoint PIO in the office if not done, may direct the office/department to publish certain information or categories of information, may issue direction relating to maintenance, management and destruction of records and may direct the Government to enhance the provision of training to the officers (Sections 18, 19 and 20 of the Act).
Fifth, you may appeal before the notified First Appellate Authority of the office/department if you did not receive the information in time from the PIO of the said office/department or if you are aggrieved with the decision of the PIO. The officer notified as the First Appellate Authority will hear the appeal within 30 days from the expiry of the stipulate period or after 30 days if he is satisfied that there are reasonable reasons for the delay.
Sixth, if you are not satisfied with the decision of the First Appellate Authority, you may prefer a second appeal before the Commission within 90 days. The Commission may, however, take up the appeal even after 90 days if it is satisfied that there are sufficient reasons for delay.
You must feel free to approach the Commission with your complaint or appeal by way of submitting an application which should be sent by post. You do not have to pay any fees with the applications sent to the Commission. Most importantly, you do not have to give any reason for seeking any information from the government/ government undertaking or substantially funded NGOs. If you are an illiterate person, you may approach the PIO who is bound to write down your RTI application.
There are some exemptions from disclosure of information in the Act. Section 8 of the Act deals with all such exemptions. However, in spite of these exemptions or provisions in the Official Secrets Act, 1923, a public authority may allow access to information that is of public interest if disclosure outweighs the harm to the protected interests. In case of disclosure of information relating to a third party or information supplied by the third party and treated as confidential by the third party, the PIO has to issue a notice in writing to the third party and if its disclosure is objected to by the third party, the PIO will have to keep it in view while taking a decision. Except in the case of trade or commercial secrets protected by law, disclosure of information may be allowed if the public interest outweighs the harm to the interests of the third party. The PIO also cannot furnish any information that involve a copyright infringement. Right to Information is a right given to citizens that should be exercised freely. The basic objective of this Act is to promote transparency and accountability in the working of every Public Authority (office/department of the Government) and to have an informed citizenry. Right to Information is your birth right. Exercise it for a healthy democracy so that we can have a corruption-free nation.
(The writer is Information Commissioner, Assam) THE SENTINEL
June 15, 2005 will always be written in letters of gold in the history of our country, as a revolutionary piece of legislation giving right to information to the citizens of the country was enacted in the name and style ‘‘The Right to Information Act, 2005.’’
Do you know that a citizen has been equated to a member of Parliament or State legislature in the matter of getting information from the government? It has been laid down in the Act that the information which cannot be denied to Parliament or a State legislature shall not be denied to any person. This means that after the enactment of this Act, a citizen does not have to approach a member of Parliament or a member of Legislative Assembly to obtain information from any office or department of the government or government undertaking.
The procedure is very simple.
First, write down an application in a plain paper as to what you want to know from an office of the government/public undertaking which is called Public Authority in this Act. Say, you want to know as to how much amount was spent on a road constructed anywhere in the country, about its plan and estimate, the name of the contractor who was awarded the contract to construct it, about the details of the tender process. You write down an application, or if you are illiterate, get it written down, pay the application fee (Rs 10 for the Government of Assam and in Government of India offices) in cash or banker’s cheque or bank draft, and send it by post preferably under the certificate of posting or by registered post or hand it to the officer notified as the Public Information Officer or to anyone of the office. A receipt will be issued to you.
Second, the Public Information Officer informs you of the cost for photocopy or diskette which is Rs 2 per page for photocopy and Rs 50 for a diskette. You are to pay the cost assessed. However, if you are a BPL citizen, you do not have to pay any application fee. You simply have to enclose an attested copy of the BPL certificate issued by the authority with your RTI application.
Third, the Public Information Officer of the office will have to furnish you the information along with the photocopy of the records or with a diskette containing the information within 30 days. In case the information concerns the life or liberty of a person, the information has to be furnished to you within 48 hours.
Fourth, if the Public Information Officer does not furnish you the information within the stipulated time, you may approach the Central Information Commission if you had applied to the Government of India offices/undertakings or to the State Information Commission of the State if it relates to the State Government officers/undertakings with a complaint. The Commission will direct the Public Information officer to furnish the information immediately. The Commission has the right to discipline the Public Information Officer by way of imposition of fine at Rs 250 for each day of delay up to a maximum of Rs 25,000. He can recommend disciplinary action against the recalcitrant officer and may also compensate you if you are harassed by the office. You may also approach the Commission if you are unable to submit a request to the Public Information Officers of any office, if no Public Information Officer (PIO) has been appointed in the office, if the PIO has refused to accept your application, or you appeal for forwarding it to the First Appellate Authority (usually the Head of the Department/Office). You may also send a complaint to the Commission (1) if the PIO refuses to furnish the information and (2) if the cost charged for the information furnished to you is incomplete, misleading or false and in respect of any other matter relating to requesting or obtaining access to records under the RTI Act.
The Commission, on receipt of your complaint, if satisfied that you are justified in lodging the complaint, will cause an inquiry and give a hearing in which the PIO has to come and attend with the necessary records. If the Commission finds your complaint reasonable, it may direct the public authority to furnish information in the form in which you have sought for, may appoint PIO in the office if not done, may direct the office/department to publish certain information or categories of information, may issue direction relating to maintenance, management and destruction of records and may direct the Government to enhance the provision of training to the officers (Sections 18, 19 and 20 of the Act).
Fifth, you may appeal before the notified First Appellate Authority of the office/department if you did not receive the information in time from the PIO of the said office/department or if you are aggrieved with the decision of the PIO. The officer notified as the First Appellate Authority will hear the appeal within 30 days from the expiry of the stipulate period or after 30 days if he is satisfied that there are reasonable reasons for the delay.
Sixth, if you are not satisfied with the decision of the First Appellate Authority, you may prefer a second appeal before the Commission within 90 days. The Commission may, however, take up the appeal even after 90 days if it is satisfied that there are sufficient reasons for delay.
You must feel free to approach the Commission with your complaint or appeal by way of submitting an application which should be sent by post. You do not have to pay any fees with the applications sent to the Commission. Most importantly, you do not have to give any reason for seeking any information from the government/ government undertaking or substantially funded NGOs. If you are an illiterate person, you may approach the PIO who is bound to write down your RTI application.
There are some exemptions from disclosure of information in the Act. Section 8 of the Act deals with all such exemptions. However, in spite of these exemptions or provisions in the Official Secrets Act, 1923, a public authority may allow access to information that is of public interest if disclosure outweighs the harm to the protected interests. In case of disclosure of information relating to a third party or information supplied by the third party and treated as confidential by the third party, the PIO has to issue a notice in writing to the third party and if its disclosure is objected to by the third party, the PIO will have to keep it in view while taking a decision. Except in the case of trade or commercial secrets protected by law, disclosure of information may be allowed if the public interest outweighs the harm to the interests of the third party. The PIO also cannot furnish any information that involve a copyright infringement. Right to Information is a right given to citizens that should be exercised freely. The basic objective of this Act is to promote transparency and accountability in the working of every Public Authority (office/department of the Government) and to have an informed citizenry. Right to Information is your birth right. Exercise it for a healthy democracy so that we can have a corruption-free nation.
(The writer is Information Commissioner, Assam) THE SENTINEL
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