India’s Right to Information Act had become a Tool for the Public to Challenge the Country Babus
The New York Times reported sometime ago that corruption is
deeply entrenched in India, but India implemented the Right to Know Act in 2005, and poor people gained the power to question the government and
became a weapon for the public to challenge the government.
Although this law
helps many poor people get government help, some believe that the right to know
law cannot eradicate corruption and the lack of accountability mechanisms makes
this law useless.
RTI Act 2005 diluted by the Government
In
fact, it is wrong to say that the act has been diluted. For the
corrupt, its now a protective shield rather. Now it is absolutely
useless and it has rather made the responsible immune to information
disclosure so the RTI Act is acting as a tool to hide corruption. Now
appointment and removal of commissioner is absolutely in the hands of
government so its impossible that the commissioner would issue any such
order that goes against the government.
Chanchala Devi lives in a remote village in India. She hopes
to own a brick house instead of living in a house made of mud. When she heard
that the Indian government had launched a plan that would provide her with
about $ 700 to build her dream house, Devi immediately submitted an application
to the government.
Devi belongs to the lower caste class, is a temporary worker who is paid on a daily basis, and lives very poorly. It should have been an ideal applicant for the government's rescue plan. However, she waited for four years for this, watching the wealthy neighbor get government funding and build a house. She and her three children could only live in a leaky house.
Right to Information Law
However, two months ago, the Right to Information law, which was warmly welcomed by Indian residents, helped her. With the help of a local political activist, Devi submitted an application to the local government office, asking the government to track down who had received government funding while she was waiting hard for government assistance, and hoped to find out why. Good news came a few days later, Devi's application was approved, and funding was quickly available.
Devi's good luck is only part of India's information
revolution. Although India may be the largest democracy in the world, it is
also a huge and powerful bureaucratic country.
India is an Empire State Building based on feudalism, and the public has very limited ways of understanding government actions. But the far-reaching law of the Right to Know Act grants power to 1.2 billion residents of India, giving them the right to obtain almost all information from the Indian government and making the government transparent.
If Indian officials refuse to provide information, they will be subject to high fines, which ensures the rapid implementation of the Right to Know Act.
Right to Information Act 2005 of India
Since India’s Right to Know Act passed parliamentary
approval five years ago, it has become a tool for rural residents in India and
has changed the balance of power in India. In the three years before the bill
was introduced, Indian residents submitted a total of 2 million applications.
The Indian government has long favored the interests of government officials
and politicians.
Wajahat Habibullah, Chief Information Commissioner of the
Central Government of India, said:
“The Indian government has always given the impression that government officials are the rulers and the people are the rulers. The Law on the Right to Know makes residents feel the sense of responsibility of the Indian government to the people.
Former Indian Prime Minister Rajiv Gandhi once said that only
15% of the Indian government’s allocation for poor residents reached
residents, and other funds were either wasted or corrupted.
Although this data
may have improved over the past few decades, Indian residents still question
the government.
India plans to allocate about 47 billion U.S. dollars to help poor Indian citizens this year, but some people suspect that a lot of funds have disappeared.
Although the Indian government pays more attention to the
demands of the people, this does not mean that corruption will be reduced.
Sunil Kumar Mahato, a political activist in Jharkhand, India, said the use of this law to expose corruption is meaningless. He mentioned a road construction project, saying: "The money was spent, but the road was not seen."
When Mahato submitted an application to the government to find out the reason,
the Indian government re-funded the road. But the Indian government has not
taken any action to deal with corrupt people.
Mahato said:
"The connections between politicians, contractors and bureaucrats are very close and it is very difficult to take action against these people."
Some commentators question whether the bill is just a pressure
valve that allows people to obtain basic needs without challenging the status
quo.
Venkatesh Nayak, a member of the Commonwealth Human Rights Initiative,
said: "This law is very successful in eradicating small corruption, but
our accountability mechanism is relatively weak, and increasing transparency in
the absence of accountability is meaningless.
However, some people think that In India, which has emerged from colonial and feudal rule, combating corruption is only a secondary task. Granting citizen rights is the main goal. This law gives Indian citizens the power to question the government.
India's right to know law becomes a national challenge to the people, the government must be fully transparent
India is an emerging global power, but it is also a country with deep-rooted bureaucratic rule. As an "Empire State Building" based on feudal culture, ordinary people have very limited ways of understanding government actions. On June 21, 2005, India's "Information Rights Law 2005" was formally promulgated.
The aim is to grant power to India’s 1.2 billion residents,
giving them the right to obtain almost all information from the Indian
government, and to make the government transparent.
However, some critics say that although this law has helped many poor people get government help, it cannot eradicate corruption, and the lack of accountability mechanisms makes this law useless.
Indian Information Rights Law brings certain benefits to ordinary people
India's Right to Information Act 2005
China.com, June 29. According to a report by the New York Times on the 28th, corruption is deeply entrenched in India, but India implemented the Right to Know Act five years ago, and poor people gained the power to question the government and became a weapon for the public to challenge the government.
Although this law helps many poor people get government help, some believe that the right to know law cannot eradicate corruption and the lack of accountability mechanisms makes this law useless.
Chanchala Devi lives in a remote village in India. She hopes to own a brick house instead of living in a house made of mud. When she heard that the Indian government had launched a plan that would provide her with about $ 700 to build her dream house, Devi immediately submitted an application to the government.
Devi belongs to the lower caste class, is a temporary worker who is paid on a daily basis, and lives very poorly. It should have been an ideal applicant for the government's rescue plan. However, she waited for four years for this, watching the wealthy neighbor get government funding and build a house. She and her three children could only live in a leaky house.
However, two months ago, the Law of the Right to Know (also known as the Information Rights Legislative Editor’s Note), which was warmly welcomed by Indian residents, helped her.
With the help of a local political activist, Devi submitted an application to the local government office, asking the government to track down who had received government funding while she was waiting hard for government assistance, and hoped to find out why. Good news came a few days later, Devi's application was approved, and funding was quickly available.
Devi's good luck is only part of India's information revolution. Although India proudly calls itself "the world's largest democratic country," internal bureaucratic rule is deeply entrenched. This Empire State Building, built on the basis of feudalism, has a very limited way for the public to understand government actions.
But the far-reaching law of the Right to Know Act grants power to 1.2 billion residents of India, giving them the right to obtain almost all information from the Indian government and making the government transparent. If Indian officials refuse to provide information, they will be subject to high fines, which ensures the rapid implementation of the Right to Know Act.
Since India’s Right to Know Act was approved by Parliament
five years ago, it has become a tool for rural residents in India and has
changed the balance of power in India.
In the three years before the bill was
introduced, Indian residents submitted a total of 2 million applications.
The Indian government has long favored the interests of government officials and politicians.
Wajahat Habibullah, Chief Information Commissioner of the Central Government of India, said: “The Indian government has always given the impression that government officials are the rulers and the people are the rulers. The Law on the Right to Know makes residents feel the sense of responsibility of the Indian government to the people.
Former Indian Prime Minister Rajiv Gandhi once said that only
15% of the Indian government’s allocation for poor residents reached the
residents, and other funds were either wasted or corrupted.
Although this data may have improved over the past few decades, Indian residents still question the government. India plans to allocate about 47 billion U.S. dollars to help poor Indian citizens this year, but some people suspect that a lot of funds have disappeared.
Although the Indian government pays more attention to the demands of the people, this does not mean that corruption will be reduced.
Sunil Kumar Mahato, a political activist in Jharkhand, India,
said the use of this law to expose corruption is meaningless.
He mentioned a road construction project, saying: "The money was spent, but the road was not seen." When Mahato submitted an application to the government to find out the reason, the Indian government re-funded the road. But the Indian government has not taken any action to deal with corrupt people.
Mahato said: "The connections between politicians, contractors and bureaucrats are very close and it is very difficult to take action against these people."
Some evaluators question whether this bill is just a pressure valve that allows people to obtain basic needs without challenging the status quo.
Venkatesh Nayak, a member of the Commonwealth Human Rights Initiative, said: "This law is very successful in eradicating small corruption, but our accountability mechanism is relatively weak, and increasing transparency in the absence of accountability is meaningless.
However, some people think that In India, which is free from colonial and feudal rule, combating corruption is only a secondary task, and the granting of civil rights is the main goal. This law gives Indian citizens the power to question the government. It is a big step forward.
The 21st century is the century of India? Interpretation of the knots of India's great powers:
Global Magazine News before India’s independence, Nehru, who later became India’s first prime minister, wrote his vision of the country in India’s Discovery- India wants to become a first-class power with “sound and color”. When India finally got rid of British colonial rule, the "great power" became a knot of the social elites.
Today, the dream of a big country is no longer the patent of a small number of Indian social elites, but the will of the people. The goals of the big powers have also become clear from ambiguity, that is, the total economic volume occupies the forefront of the world, the industrial structure has entered the post-industrial era, the democratization of the political system, the influence of national culture has expanded, and the international status has been greatly improved, etc.
India's flying dream encountered multiple stumbling blocks:
1. Corruption issue: Corruption exposure of Indian officials: promotion and salary increase of children retired at the age of five
China News Service
Nintromjo died in 1985, but "continued" to receive a pension, and
even got promoted a few years later. When his family asked for information
about Nintromjo’s pension, they were turned away by the authorities, but in
the end they were told that Nintromcho was promoted in 1998 and received a sum
of money three years later, pension.
Nintemjo’s son said: “Someone used false materials to get my dad ’s salary, and later took his pension for granted.”
2. The remnants of feudalism: the tragedy of the Indian caste system couples were honoured
International Online:
The bodies of 9-year-old Asha Sini and 21-year-old Jogsh Kumar were recently
discovered in the slums of New Delhi. The death showed that the legs and arms
of the two were bound, and the hands and feet were marked with electric shocks.
A police investigation found that Sini and Kumar were originally a close lover, but because of the low caste level of the Kumar family, their love affair was strongly opposed by the female family.
In order to protect the family honor, Sini’s uncle and other relatives decided to execute “honorary execution” on the two.
3. Bureaucracy: the convenience of doing business is at a lower position and the reform encounters many resistances
Guangzhou Daily News In a report of the World Bank, it ranked the convenience of doing business in 178 countries in the world, of which India ranked 120th. The report said that India lags behind some countries in this respect.
Although India’s reforms over the past decade have made the economy’s growth rate compelling and attracted investors from all over the world, investors still find that India’s bureaucratic minefield is difficult to overcome. Analysts and business people said that this issue is still the biggest stumbling block for India to attract foreign investment.
Analyze the influence of India's diverse society on national character, including tolerance and conflict:
Global Magazine News From the perspective of ethnic composition, almost all ethnic groups in the world today live here, forming more than 100 ethnic groups. In addition, there are hundreds of tribal groups distributed around. They use 700 officially registered languages (dialects of less than 1,000 people are not listed here), and the main languages are as many as 18.
From the perspective of religion, there are not only
Hinduism, Buddhism, Jainism and Sikhism that originated in the local area, but
also Islamism, Christianity and Suoyaoistism spread from other regions. From
the perspective of culture and art, various regions of India have distinctive
folk arts such as music, dance, sculpture, and painting.
From the perspective of political power, India has as many as more than 1,000 officially registered political parties, whose political opinions are varied and their organizational structures vary widely.
Indian-style democracy is more localized and fights hard against corruption:
Global Magazine
News India's current political system has fully accepted the three-party
parliamentary democratic system transplanted from the United Kingdom and the
supporting administrative system.
However, the political system originating in the West has mutated in the land of India, and has produced more and more local colors.
The shadow of the "family politics" that has
emerged from the one-party monopoly is still lingering, and the Nehru family's
exclusive status in Indian politics has not disappeared. Indian-style democracy
has been very different from the Western model.
On the one hand, it has at least built a platform for people to express their political will, and on the other hand, it has manifested obvious immaturity. Prevalent and other stubborn illnesses are struggling hard.
Following is a copy of the RTI Act as is Original:
THE RIGHT TO INFORMATION ACT, 2005
No. 22 of 2005
[15th June, 2005.]
An Act to provide for setting
out the practical regime of right to information for
citizens to secure access to
information under the control of public
authorities, in order to
promote transparency and accountability in the
working of every public
authority, the constitution of a Central Information
Commission and State
Information Commissions and for matters connected
therewith or incidental thereto.
WHEREAS the Constitution of
India has established democratic Republic;
AND WHEREAS democracy requires
an infaimed citizenry and transparency of information which are vital to its
functioning and also to contain corruption and to hold Governments and their
instrumentalities accountable to the governed;
AND WHEREAS revelation of information in
actual practice is likely to conflict with other public interests including
efficient operations of the Governments, optimum use of limited fiscal
resources and the preservation of confidentiality of sensitive information;
2 THE
GAZETTER OF INDIA EXTRAORDINARY {PART
II—
Short title, extent and commencemen
Definitions.
AND WHEREAS it is necessary to harmonise these
conflicting interests while preserving the paramountcy of the democratic ideal;
NOW, THEREFORE, it is expedient to provide for
furnishing certain information to citizens who desire to have it.
BE it enacted by Parliament in the Fifty-sixth
Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be
called the Right to Information Act, 2005.
(2) It extends to the whole
of India except the State of Jammu and Kashmir.
(3) The
provisions of sub-section (1) of section 4, sub-sections (1) and (2) of
section 5, sections 12, 13, 15,16, 24, 27 and
28 shall come into force at once, and the remaining provisions of this Act
shall come into force on the one hundred and twentieth day of its enactment.
2. In this Act, unless the context
otherwise requires,—
(a) “appropriate
Government” means in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by funds provided
directly or indirectly—
(i) by
the Central Government or the Union territory administration, the Central
Government;
(ii) by
the State Government, the State Government;
(b) “Central Information
Commission” means the Central Information Commission constituted under
sub-section (1) of section 12;
(c) “Central Public Information
Officer” means the Central Public Information Officer designated under
sub-section (1) and includes a Central Assistant Public
Information Officer designated as such under sub-section (2) of
section 5;
(d) “Chief Information Commissioner” and “Information Commissioner” mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12.
(e) “competent authority” means:
(i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State.
(ii) the Chief Justice of India in the case of the Supreme Court.
(iii) the Chief Justice of the High Court in the case of a High Court.
(iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution.
(v) the administrator appointed under article 239 of the Constitution.
(f) “information” means any material
in any form, including records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, logbooks, contracts, reports, papers,
samples, models, data material held in any electronic form
SEC.1 THE
GAZETTE OF INDIA EXTRAORDINARY 3
and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
(g) “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be.
(h) “public authority” means any authority or body or institution of self-government established or constituted-
(a) by or under the Constitution.
(b) by any other law made by Parliament.
(c) by any other law made by State Legislature.
(d) by notification issued or order made by the appropriate Government.
and includes any—
(i) body owned, controlled or substantially financed.
(ii) non-Government organisation substantially financed.
directly or indirectly by funds provided by the appropriate Government.
(i) “record” includes-
(a) any document, manuscript and file.
(b) any microfilm, microfiche and facsimile copy of a document.
(c) any
reproduction of image or images embodied in such microfilm (whether enlarged or
not, and
(d) any other material produced by a computer or any other device.
(j) “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-
(i) inspection of work, documents, records.
(ii) taking notes, extracts or certified copies of documents or records.
(iii) taking certified samples of material.
(iv) 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.
(k) “State Information Commission” means the State Information Commission constituted under sub-section (1) of section 15.
(1) “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15.
(m) “State Public Information Officer” means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5.
(n) “third party” means
a person other than the citizen making a request for information and includes a
public authority.
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CHAPTER II |
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Right
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3. Subject to the provisions
of this Act, all citizens shall have the right to information. |
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4. (1) Every public authority shall- |
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information |
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a) maintain all its records
duly catalogued and indexed in a manner and the |
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form which facilitates the
right to information under this Act and ensure that |
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all records that are
appropriate to be computerised are, within a reasonable |
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time and subject to
availability of resources, computerised and connected |
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through a network all over
the country on different systems so that access to |
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such records is facilitated; |
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b) publish within one hundred
and twenty days from the enactment of this |
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Act,— |
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(i) |
the par ticulars of its
organisation, functions and duties; |
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the powers and duties of its
officers and employees; |
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the procedure followed in the
decision making process, |
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including channels of
supervision and accountability; |
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the norms set by it for the
discharge of its functions; |
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the rules, regulations,
instructions, manuals and records, held by |
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it or under its control or
used by its employees for discharging |
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its functions; |
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(vi) |
a statement of the categories
of documents that are held by it or |
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under its control; |
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the particulars of any
arrangement that exists for consultation |
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with, or representation by,
the members of the public in relation |
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to the formulation of its
policy or implementation thereof; |
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(viii)a statement of the
boards, councils, committees and other |
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bodies consisting of two or
more persons constituted as its part |
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or for the purpose of its
advice, and as to whether meetings of |
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those boards, councils,
committees and other bodies are open to |
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the public, or the minutes of
such meetings are accessible for |
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public. |
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a directory of its officers and employees. |
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the monthly remuneration
received by each of its officers and |
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employees, including the
system of compensation as provided |
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in its regulations |
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the budget allocated to each
of its agency, indicating the |
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particulars of all plans,
proposed expenditures and reports on |
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disbursements made |
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the manner of execution of
subsidy programmes, including the |
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amounts allocated and the
details of beneficiaries of such |
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programmes |
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(xiii)particulars of
recipients of concessions, permits or |
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authorisations granted by it |
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details in respect of the
information, available to or held by it, |
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reduced in an electronic form |
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the particulars of facilities
available to citizens for obtaining |
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information, including the
working hours of a library or reading |
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room, if maintained for public use |
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the names, designations and
other particulars of the Public |
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Information Officers |
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(xvii) |
such other information as may be prescribed |
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c) |
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publish all relevant facts while formulating important |
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policies or announcing the decisions which affect public |
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SEC.
1
THE GAZETTE OF INDIA
EXTRAORDINARY 5
decisions to affected persons.
(2) It shall
be a constant endeavour of every public authority to take steps in accordance
with the requirements of clause (b) of sub-section (1) to
provide as much information suo motu to the public at regular
intervals through various means of communications, including internet, so that
the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of
sub-section (1), every information shall be disseminated
widely and in such form and manner which is easily accessible to the public.
(4) All
materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication in
that local area and the information should be easily accessible, to the extent
possible in electronic format with the Central Public Information Officer or
State Public Information Officer, as the case may be, available free or at such
cost of the medium or the print cost price as may be prescribed.
Explanation.-For the purposes of sub-sections (3) and
(4), “disseminated” means making known or communicated the
information to the public through notice boards, newspapers, public announcements,
media broadcasts, the internet or any other means, including inspection of
offices of any public authority.
5. (1) Every
public authority shall, within one hundred days of the enactment of this
Act, designate as many officers as the Central Public Information Officers or
State Public Information Officers, as the case may be, in all administrative
units or offices under it as may be necessary to provide information to persons
requesting for the information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.
Provided that where an
application for information or appeal is given to a Central Assistant Public
Information Officer or a State Assistant Public Information Officer, as the
case may be, a period of five days shall be added in computing the period for
response specified under sub-section (1) of section 7.
(3) Every Central
Public Information Officer or State Public Information Officer, as the case may
be, shall deal with requests from persons seeking information and render
reasonable assistance to the persons seeking such information.
(4) The
Central Public Information Officer or State Public Information Officer, as the
case may be, may seek the assistance of any other officer as he or she
considers it necessary for the proper discharge of his or her duties.
(5) Any
officer, whose assistance has been sought under sub-section (4), shall render
all assistance to the Central Public Information Officer or State Public
Information Officer, as the case may be, seeking his or her assistance and for
the purposes of any contravention of the provisions of this Act, such other
officer shall be treated as a Central Public Information Officer or State
Public Information Officer, as the case may be.
Designation of Public Information Officers.
Disposal of
request.
THE GAZETTE OF INDIA EXTRAORDINARY |
[PART II] |
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6. (1) A person, who desires to obtain any
information under this Act, shall make |
Request for |
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a request in writing or through electronic means in English or
Hindi or in the official |
obtaining |
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language of the area in which the application is being made,
accompanying such fee as |
information. |
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may be prescribed, to-
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority
(b) the Central
Assistant Public Information Officer or State Assistant Public Information
Officer, as the case may be,
specifying the particulars of the information sought by him or
her:
Provided that where such
request cannot be made in writing, the Central Public Information Officer or
State Public Information Officer, as the case may be, shall render all
reasonable assistance to the person making the request orally to reduce the
same in writing.
(2) An applicant
making request for information 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 him.
(3) Where an
application is made to a public authority requesting for an information,—
(i) which
is held by another public authority; or
(ii) the
subject matter of which is more closely connected with the functions of another
public authority,
the public authority, to which
such application is made, shall transfer the application or such part of it as
may be appropriate to that other public authority and inform the applicant
immediately about such transfer:
Provided that the transfer of
an application pursuant to this sub-section shall be made as soon as
practicable but in no case later than five days from the date of receipt of the
application.
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.
Provided that where the information sought for concerns the life
or liberty of a person, the same shall be provided within forty-eight hours of
the receipt of the request.
(2) If the Central Public
Information Officer or State Public Information Officer, as the case may be,
fails to give decision on the request for information within the period
specified under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall be deemed to have refused the request.
(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving-
(a) the details of further fees
representing the cost of providing the information as determined by him,
together with the calculations made
SEC.
1
THE GAZETTE OF INDIA EXTRAORDINARY
to arrive at the amount in accordance with fee
prescribed under sub-section (1), requesting him to deposit
that fees, and the period intervening between the despatch of the said
intimation and payment of fees shall be excluded for the purpose of calculating
the period of thirty days referred to in that sub-section;
(b) information concerning his or
her right with respect to review the decision as to the amount of fees charged
or the form of access provided, including the particulars of the appellate
authority, time limit, process and any other forms.
(4) Where
access to the record or a part thereof is required to be provided under this
Act and the person to whom access is to be provided is sensorily disabled, the
Central Public Information Officer or State Public Information Officer, as the
case may be, shall provide assistance to enable access to the information,
including providing such assistance as may be appropriate for the inspection.
(5) Where access to information is
to be provided in the printed or in any electronic format, the applicant shall,
subject to the provisions of sub-section (6), pay such fee as
may be prescribed:
Provided that the fee
prescribed under sub-section (1) of section 6 and
sub-sections (1) and (5) of section 7 shall be reasonable and no
such fee shall be charged from the persons who are of below poverty line as may
be determined by the appropriate Government.
(6) Notwithstanding anything
contained in sub-section (5), the person making request for the information shall be
provided the information free of charge where a public authority fails to
comply with the time limits specified in sub-section (1).
(7) Before
taking any decision under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall take into consideration the representation made by a third party under
section 11.
(8) Where a request has been
rejected under sub-section (1), the Central Public Information
Officer or State Public Information Officer, as the case may be, shall
communicate to the person making the request,—
(i) the
reasons for such rejection;
(ii) the
period within which an appeal against such rejection may be preferred; and
(iii) the
particulars of the appellate authority.
(9) An information
shall ordinarily be provided in the form in which it is sought unless it would
disproportionately divert the resources of the public authority or would be
detrimental to the safety or preservation of the record in question.
8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,
(a) information,
disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence;
(b) information which has
been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;
7
Exemption
from
disclosure of
information.
8
19 of 1923.
THE GAZETTER OF INDIA EXTRAORDINARY [PART II]
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
(f)information received in confidence from foreign Government.
(g) information, the disclosure of which would endanger the life or physical safety of any person or identif’ the source of information or assistance given in confidence for law enforcement or security purposes.
(h) information
which would impede the process of investigation or apprehension or prosecution
of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.
Provided that the decisions of
Council of Ministers, the reasons thereof, and the material on the basis of
which the decisions were taken shall be made public after the decision has been
taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed.
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.
Provided that the information which cannot be
denied to the Parliament or a State Legislature shall not be denied to any
person.
(2) Notwithstanding anything in the
Official Secrets Act, 1923 nor any of the exemptions permissible in accordance
with sub-section (1), a public authority may allow access to
information, if public interest in disclosure outweighs the harm to the
protected interests.
(3) Subject to the provisions of
clauses (a), (c) and (i) of sub-section (1), any
information relating to any occurrence, event or matter which has taken place,
occurred or happened twenty years before the date on which any request is made
under section 6 shall be provided to any person making a request under that
section:
Provided that where any
question arises as to the date from which the said period of twenty years has
to be computed, the decision of the Central Government shall be final, subject
to the usual appeals provided for in this Act.
Grounds for rejection to access
in certain cases.
Severability
Third party information.
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THE
GAZETTE OF INDIA EXTRAORDINARY |
9 |
9. Without
prejudice to the provisions of section 8, a Central Public Information Officer
or a State Public Information Officer, as the case may be, may reject a request
for information where such a request for providing access would involve an
infringement of copyright subsisting in a person other than the State.
10. (1) Where
a request for access to information is rejected on the ground that it is in relation
to information which is exempt from disclosure, then, notwithstanding anything
contained in this Act, access may be provided to that part of the record which
does not contain any information which is exempt from disclosure under this Act
and which can reasonably be severed from any part that contains exempt
information.
(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing-
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided.
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based.
(c) the name and designation of the person giving the decision
(d) the details
of the fees calculated by him or her and the amount of fee which the applicant
is required to deposit; and
(e) his
or her rights with respect to review of the decision regarding non-disclosure
of part of the information, the amount of fee charged or the form of access
provided, including the particulars of the senior officer specified under
sub-section (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be, time limit,
process and any other form of access.
11. (1) Where
a Central Public Information Officer or a State Public Information Officer,
as the case may be, intends to disclose any information or record, or part
thereof on a request made under this Act, which relates to or has been supplied
by a third party and has been treated as confidential by that third party, the
Central Public Information Officer or State Public Information Officer, as the
case may be, shall, within five days from the receipt of the request, give a
written notice to such third party of the request and of the fact that the
Central Public Information Officer or State Public Information Officer, as the
case may be, intends to disclose the information or record, or part thereof,
and invite the third party to make a submission in writing or orally, regarding
whether the information should be disclosed, and such submission of the third party
shall be kept in view while taking a decision about disclosure of information:
Provided that except in the
case of trade or commercial secrets protected by law, disclosure may be allowed
if the public interest in disclosure outweighs in importance any possible harm
or injury to the interests of such third party.
(2) Where a
notice is served by the Central Public Information Officer or State Public
Information Officer, as the case may be, under sub-section (1) to
a third party in respect of any information or record or part thereof, the
third party shall, within ten days from the date of receipt of such notice, be
given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding
anything contained in section 7, the Central Public Information Officer or
State Public Information Officer, as the case may be, shall, within forty days
after receipt of the request under section 6, if the third party has been given
an opportunity to make representation under sub-section (2), make
a decision as to whether or not to disclose the information or record or part
thereof and give in
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II]
writing the notice of his decision to the third party.
(4) A notice
given under sub-section (3) shall include a statement that the
third party to whom the notice is given is entitled to prefer an appeal under
section 19 against the decision.
CHAPTER III
The Central Information Commission
12. (1) The
Central Government shall, by notification in the Official Gazette, constitute
a body to be known as the Central Information Commission to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of-
(a) the Chief
Information Commissioner, and
(b) such number
of Central Information Commissioners, not exceeding ten, as may be deemed
necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of-
(i) the
Prime Minister, who shall be the Chairperson of the committee;
(ii) the
Leader of Opposition in the Lok Sabha, and
(iii) a Union Cabinet
Minister to be nominated by the Prime Minister.
Explanation.-For the purposes of removal of
doubts, it is hereby declared that where the Leader of Opposition
in the House of the People has not been recognised as such, the Leader of the
single largest group in opposition of the Government in the House of the People
shall be deemed to be the Leader of Opposition.
(4) The
general superintendence, direction and management of the affairs of the Central
Information Commission shall vest in the Chief Information Commissioner who
shall be assisted by the Information Commissioners and may exercise all such
powers and do all such acts and things which may be exercised or done by the
Central Information Commission autonomously without being subjected to
directions by any other authority under this Act.
(5) The Chief Information
Commissioner and Information Commissioners shall be persons of eminence in
public life with wide knowledge and experience in law, science and technology,
social service, management, journalism, mass media or administration and
governance.
(6) The Chief Information
Commissioner or an Information Commissioner shall not be a Member of Parliament
or Member of the Legislature of any State or Union territory, as the case may
be, or hold any other office of profit or connected with any political party or
carrying on any business or pursuing any profession.
(7) The headquarters of the Central
Information Commission shall be at Delhi and the Central Information Commission
may, with the previous approval of the Central Government, establish offices at
other places in India.
Constitution of Central Information Commission
SEC.1 THE
GAZETTE OF INDIA EXTRAORDINARY 11
13. (1) The
Chief Information Commissioner shall hold office for a term of five years from
the date on which he enters upon his office and shall not be eligible for
reappointment:
Provided that no Chief Information
Commissioner shall hold office as such after he has attained the age of
sixty-five years.
(2) Every
Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office or till he attains the age of
sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such Information Commissioner:
Provided that every Information
Commissioner shall, on vacating his office under this sub-section be eligible
for appointment as the Chief Information Commissioner in the manner specified
in sub-section (3) of section 12:
Provided further that where the
Information Commissioner is appointed as the Chief Information Commissioner,
his term of office shall not be more than five years in aggregate as the
Information Commissioner and the Chief Information Commissioner.
(3) The
Chief Information Commissioner or an Information Commissioner shall before he
enters upon his office make and subscribe before the President or some other
person appointed by him in that behalf, an oath or affirmation according to the
form set out for the purpose in the First Schedule.
(4) The Chief Information
Commissioner or an Information Commissioner may, at any time, by writing under
his hand addressed to the President, resign from his office:
Provided that the Chief Information
Commissioner or an Information Commissioner may be removed in the manner
specified under section 14.
(5) The salaries and allowances payable to and other terms and
conditions of service
of
Term of office and conditions of service
(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner
(b) an Information Commissioner shall be the same as that of an Election Commissioner.
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity.
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits.
Provided also that the
salaries, allowances and other conditions of service of the Chief Information
Commissioner and the Information Commissioners shall not be varied to their
12 THE GAZETTER OF INDIA EXTRAORDINARY [PART II]
disadvantage after their appointment
(6) The Central Government shall
provide the Chief Information Commissioner and the Information Commissioners
with such officers and employees as may be necessary for the efficient
performance of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be
prescribed.
14. (1) Subject
to the provisions of sub-section (3), the Chief Information Commissioner
or any Information Commissioner shall be removed from his office only by order
of the President on the ground of proved misbehaviour or incapacity after the
Supreme Court, on a reference made to it by the President, has, on inquiry,
reported that the Chief Information Commissioner or any Information
Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from
office, and if deem necessary prohibit also from attending the office during
inquiry, the Chief Information Commissioner or Information Commissioner in
respect of whom a reference has been made to the Supreme Court under sub-section (1) until
the President has passed orders on receipt of the report of the Supreme Court
on such reference.
(3) Notwithstanding anything
contained in sub-section (1), the President may by order
remove from office the Chief Information Commissioner or any Information
Commissioner if the Chief Information Commissioner or a Information
Commissioner, as the case may be,—
(a) is
adjudged an insolvent; or
(b) has been
convicted of an offence which, in the opinion of the President, involves moral
turpitude; or
(c) engages
during his term of office in any paid employment outside the duties of his
office; or
(d) is, in the
opinion of the President, unfit to continue in office by reason of infirmity of
mind or body; or
(e) has
acquired such financial or other interest as is likely to affect prejudicially
his functions as the Chief Information Commissioner or a Information
Commissioner.
(4) If the Chief
Information Commissioner or a Information Commissioner in any way, concerned or
interested in any contract or agreement made by or on behalf of the Government
of India or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common with the
other members of an incorporated company, he shall, for the purposes of
sub-section
(1), be deemed to be guilty of misbehaviour.
CHAPTER IV
The State Information Commission
15. (1) Every
State Government shall, by notification in the Official Gazette,
constitute a body to be known
as the (name of the State) Information Commission to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of-
(a) the State
Chief Information Commissioner, and
(b) such number
of State Information Commissioners, not exceeding ten, as may be deemed
necessary.
Removal of Chief Information Commissioner or Information Commissioner
Constitution of State Information
Commission.
SEC.1
Term of office and conditions
of service.
|
THE
GAZETTE OF INDIA EXTRAORDINARY |
13 |
(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of-
(i) the
Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader
of Opposition in the Legislative Assembly; and
(iii) a Cabinet
Minister to be nominated by the Chief Minister
Explanation-For the purposes of removal of
doubts, it is hereby declared that where the Leader of Opposition
in the Legislative Assembly has not been recognised as such, the Leader of the
single largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition.
(4) The
general superintendence, direction and management of the affairs of the State
Information Commission shall vest in the State Chief Information Commissioner
who shall be assisted by the State Information Commissioners and may exercise
all such powers and do all such acts and things which may be exercised or done
by the State Information Commission autonomously without being subjected to
directions by any other authority under this Act.
(5) The
State Chief Information Commissioner and the State Information Commissioners
shall be persons of eminence in public life with wide knowledge and experience
in law, science and technology, social service, management, journalism, mass
media or administration and governance.
(6) The State
Chief Information Commissioner or a State Information Commissioner shall not be
a Member of Parliament or Member of the Legislature of any State or Union
territory, as the case may be, or hold any other office of profit or connected
with any political party or carrying on any business or pursuing any
profession.
(7) The
headquarters of the State Information Commission shall be at such place in the
State as the State Government may, by notification in the Official Gazette,
specify and the State Information Commission may, with the previous approval of
the State Government, establish offices at other places in the State.
16. (1) The
State Chief Information Commissioner shall hold office for a term of five years
from the date on which he enters upon his office and shall not be eligible for
reappointment:
Provided that no State Chief Information
Commissioner shall hold office as such after he has attained the age of
sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner.
Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15.
Provided further that where the
State Information Commissioner is appointed as the State Chief Information
Commissioner, his term of office shall not be more than five years in aggregate
as the State Information Commissioner and the State Chief Information
Commissioner.
(3) The State Chief Information Commissioner or a State
Information Commissioner,
14 THE GAZETTER OF INDIA EXTRAORDiNARY [PART II]
shall before he enters upon his office make
and subscribe before the Governor or some other person appointed by him in that
behalf, an oath or affirmation according to the form set out for the purpose in
the First Schedule.
(4) The State
Chief Information Commissioner or a State Information Commissioner may, at any
time, by writing under his hand addressed to the Governor, resign from his
office:
Provided that the State Chief Information
Commissioner or a State Information Commissioner may be removed in the manner
specified under section 17.
(5) The salaries and allowances payable to and other terms and
conditions of service
of-
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner.
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government.
Provided that if the State
Chief Information Commissioner or a State Infonnation Commissioner, at the time
of his appointment is, in receipt of a pension, other than a disability or
wound pension, in respect of any previous service under the Govermnent of India
or under the Government of a State, his salary in respect of the service as the
State Chief Information Commissioner or a State Information Commissioner shall
be reduced by the amount of that pension including any portion of pension which
was commuted and pension equivalent of other forms of retirement benefits
excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits.
Provided also that the
salaries, allowances and other conditions of service of the State Chief
Information Commissioner and the State Information Commissioners shall not be
varied to their disadvantage after their appointment.
(6) The State Government shall
provide the State Chief Information Commissioner and the State Information
Commissioners with such officers and employees as may be necessary for the
efficient performance of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be
prescribed.
17. (1) Subject
to the provisions of sub-section (3), the State Chief
Information Commissioner or a State Information Commissioner shall
be removed from his office only by order of the Governor on the ground of
proved misbehaviour or incapacity after the Supreme Court, on a reference made
to it by the Governor, has on inquiry, reported that the State Chief
Information Commissioner or a State Information Commissioner, as the case may
be, ought on such ground be removed.
(2) The Governor may suspend from
office, and if deem necessary prohibit also from attending the office during
inquiry, the State Chief Information Commissioner or a State Information
Commissioner in respect of whom a reference has been made to the Supreme Court
under sub-section (1) until the Governor has passed orders on
receipt of the report of
Removal of State Chief
Information Commissioner or State Information Commissioner
Powers and functions of Information Commissions
|
THE
GAZETTE OF INDIA EXTRAORDINARY |
15 |
the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be-
(a) is adjudged
an insolvent; or
(b) has been
convicted of an offence which, in the opinion of the Governor, involves moral
turpitude; or
(c) engages
during his term of office in any paid employment outside the duties of his
office; or
(d) is, in the
opinion of the Governor, unfit to continue in office by reason of infirmity of
mind or body; or
(e) has
acquired such fmancial or other interest as is likely to affect prejudicially
his functions as the State Chief Information Commissioner or a State
Information Commissioner.
(4) If the State
Chief Information Commissioner or a State Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf of
the Government of the State or participates in any way in the profit thereof or
in any benefit or emoluments arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of sub-section
(1), be deemed to be guilty of misbehaviour.
CHAPTER V of the RTI Act
Powers and functions of the Information Commissions, appeal and penalties
18. (1) Subject
to the provisions of this Act, it shall be the duty of the Central Information
Commission or State Information Commission, as the case may be, to receive and
inquire into a complaint from any person,—
(a) who
has been unable to submit a request to a Central Public Information Officer or
State Public Information Officer, as the case may be, either by reason that no
such officer has been appointed under this Act, or because the Central
Assistant Public Information Officer or State Assistant Public Information
Officer, as the case may be, has refused to accept his or her application for
information or appeal under this Act for forwarding the same to the Central
Public Information Officer or State Public Information Officer or senior officer
specified in sub-section (1) of section 19 or the Central
Information Commission or the State Information Commission, as the case may be;
(b) who has been
refused access to any information requested under this Act;
(c) who has not
been given a response to a request for information or access to information
within the time limit specified under this Act;
(d) who has been
required to pay an amount of fee which he or she considers unreasonable;
(e) who believes
that he or she has been given incomplete, misleading or false information under
this Act; and
(f) in respect of any other
matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information
Commission or State Information Commission, as the case may be, is satisfied
that there are reasonable grounds to inquire into the matter, it may initiate
an inquiry in respect thereof.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II]
(3) The Central Information Commission or State
Information Commission, as the 5 of 1908 case may be,
shall, while inquiring into any matter under this section, have the same powers
as are vested in a civil court while trying a suit under the Code of Civil
Procedure,
1908, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things.