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Right to Information Act, 2005

The Right to Information Act, 2005 (RTI) has came into existence in year 2005, but large portion of our country citizen are still unaware about this Act. The objective to write this book is to bring awareness of this act in simple and understandable language to citizen of our country.

RTI is weapon to fight for good governance, Transparency and against corruption. There are many NGOs working to spread knowledge of the RTI. Lakhs of citizens have benefited by using RTI, but no doubt thousands are still struggling to get results.

The use of RTI has opened up the working pattern of government authorities and also other connected bodies. It has helped in numbers of cases to reduce corruption, transparency in working of government departments and also helped for better governance.

What is Right to Information?: (Section 2)

Section 2(j) in the Act States:
Right to Information Means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to:
  1. Inspection of work, documents, records,
  2. Taking notes, extracts, or certified copies of documents or records,
  3. Taking certified samples of material,
  4. Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

What is Open Under RTI Act:- (Section 8):

  • You need information from government activity or some government project
  • Some communication via post letter, email or any other written communication done to any government department and same reply not received from department RTI can be done government department for same asking reason in delay for giving information.
  • Any wrongdoing is some department or activity. The mere asking of information sometimes reduces illegal acts, since threatened by exposures.

What is Not Open Under RTI Act:- (Section 8)

  • Information that would prejudicial affect the sovereignty, integrity, security scientific or economic interest and relation with a foreign state.
  • Information which would lead to commission of an offence.
  • Information whose release is forbidden by a court or tribunal or disclosure which might constitute contempt of court.
  • Information whose release may lead to breach of privileges of Parliament or State Legislatures.
  • Commercial and trade secrets, intellectual property etc. that would harm competitive position of third party.
  • Information available to a person in his fiduciary relationship (information shared between client and lawyer or landlord and tenant or patient and doctor).
  • Information received in confidence from a foreign government
  • If information disclosure endangers life and physical safety of any person

How to do RTI Application:

RTI can be done by filling RTI Application Form Annexure A

FIRST Appeal Procedure:
If PIO Fail to give information or refused to give reply for RTI Application, Applicant can go further for 1st Appeal under section 19(1) of the RTI Act, 2005

Second Appeal Procedure:
If PIO Fail to give information or refused to give reply for 1st Appeal Application, Applicant can go further for 2nd Appeal under section 19(3) of the RTI Act, 2005

RTI Application Fees:

  • A person, who is desires to obtain any information under this act, shall make a request accompanied by such fee as may be prescribed.
  • No such fee shall be charged from person who is below poverty line as may be determined by the appropriate Government.
  • Court Fees prescribed for making RTI application & appeal.
 
Government Fees Prescribed As Per Annexure
Annexure A (Rs) Annexure B (Rs) Annexure C (Rs)
Maharashtra 10 20 20
Gujarat 20 20 20
Central 10 20 20

Time Limit:
  • 30 days from date of Application
  • 48 hours for information concerning the life and liberty of a person
  • Time taken for calculation of fees and intimation of the same to the applicant will be excluded from 30 days period
  • If the interest of a third Party are involved the time limit will be 40 days
  • No action on application for 30 days is deemed refusal

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