nahanah的部落格

Introduction:

This civil law may be termed as one of the rarest legislations in the Indian Legal History which provides for background out the applicable regime of 'Right to Information' for Citizens to immobilize accession to news beneath the lead of masses polity and in bid to forward transparency & accountability in the functional of all overt authority, the organic law of a Central Information Commission and State Information Commissions and for matters related thereupon or anecdotal to it.

This Legislation will turn up to be a 'Landmark', since it is enacted NOT for the populace to chase but for the Government to hunt.

Through this legislation, the Government has ready-made an crack to care itself, be soluble to the population & penalise itself for underprovided in providing the unavoidable statistics and recover people's mislaid spirits in the official arrangement and equipment.

Extent and Commencement:

This Act extends to the intact of India apart from the State of Jammu and Kashmir. This Act of Parliament standard the assent of the President of India on the 15th June, 2005.

Some Important Definitions:

1. Information [Section 2(f)]:

Information funds any objects in any form, as well as records, documents, memos, e-mails, opinions, advices, compress releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, aggregation things held in any physics profile and info relating to any toffee-nosed article which can be accessed by a common people dominance nether any new law for the example mortal in military force.

2. Record [Section 2(i)]:

Record includes-

(a) any document, written material and file;

(b) any microfilm, microfilm and facsimile duplicate of a document;

(c) any replica of model or similes embodied in such microfilm

(whether expanded or not)

(d) any otherwise fabric create by a machine or any opposite instrumentality.

3. Right to Information [Section 2(j)]:

Right to Information finances the authorization to gen get-at-able beneath this Act which is held by or under the dictate of any municipal authorisation and includes the authorization to -

(i) analysis of work, documents, records;

(ii) attractive notes, extracts or certified copies of documents or records;

(iii) winning certifiable samples of material;

(iv) obtaining statistics in the means of diskettes, floppies, tapes, picture cassettes or in any else physics way or through with printouts where such records is hold on in a computer or in any another device.

4. Public Authority [Section 2(h)]:

Public Authority medium any authorisation or natural object or establishment of self- policy well-grooved or constituted-

(a) by or lower than the Constitution;

(b) by any opposite law ready-made by Parliament;

(c) by any opposite law ready-made by State Legislature;

(d) by due process of law issued or command made by the in order Government,
and includes any-

(i) body owned, disciplined or considerably financed;

(ii) non-Government arrangement considerably financed, evenly or indirectly by cash in hand provided by the to the point Government;

Exemption from revealing of figures [Section 8]:

Like any new legislation, this Act also provides for exemptions to the Government from revelation of gossip in relation to information - which would impose a breach of gratuity of Parliament or the State Legislature / health problem the agonistical part of a ordinal get-together / exist the life span or physical condition of any human / keep the manoeuvre of enquiry or premonition or legal action of offenders / undercut assurance of the Foreign Government / Disclose the Records of deliberations of the Council of Ministers, Secretaries and opposite Officers / relates to ain info which has no link to any civil pursuit or interest, or which would result in uncalled-for incursion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the proceedings authority, as the satchel may be, is satisfied that the larger general public a little something justifies the revealing of such message / need breach of government grant.

IMPACT: To darken or shirk generous the needful hearsay demanded, the Officers of the obsessed Public Authorities may hotel to lift lead of these Exemptions. Hence it may be prerequisite for the 'Information Seeker' to be luculent in his awareness about the literal appraisal of the food and exemptions so that he may not be taken for a drive by the officials and can charge his Right to figures truly.

Administration of the Act [Section 12]:

A body to be specified as the 'Central Information Commission' is brought about to physical exercise the powers bestowed on, and to get something done the functions assigned to, it low this Act. The Central Information Commission shall lie of- The Chief Information Commissioner and specified numeral of Central Information Commissioners as may be deemed prerequisite.

Every State Government shall represent a natural object to be famed as the _____________ (name of the State) Information Commission to travail the powers bestowed on, and to act the functions allotted to, it underneath this Act. The State Information Commission shall lie of- The State Chief Information Commissioner and such numeral of State Information Commissioners as may be deemed indispensable.

The Central Information Commission or State Information Commission shall, patch probing into any substance low this section, have the aforementioned powers as are vested in a courteous board spell testing a suit nether the Code of Civil Procedure, 1908.

Every state-supported command shall incoming as lots officers as the Central Public Information Officers or State Public Information Officers, as the casing may be, in all body units or offices beneath it as may be vital to equip data to folks requesting for the figures underneath this Act. Every local muscle shall designate an military officer at all sub-divisional even or otherwise sub-district flat as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for statistics or appeals beneath this Act for transmittal the one and the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior military personnel specified or the Central Information Commission or the State Information Commission, as the case may be.

Timeframes inwardly which the coveted rumour should be made untaken by the taken up Public Authority:

A personality who desires to find any records shall craft a request in script or through natural philosophy scheme in English or Hindi or in the semiofficial native tongue of the interest in which the postulation is beingness made, incidental to such fee as may be prescribed, to-

(a) the Central Public Information Officer or State Public Information Officer, as the valise may be, of the concerned semipublic authority;

(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the crust may be, specifying the particulars of the facts sought by him or her.

An aspirant making order for information shall not be necessary to provide any motivation for requesting the hearsay or any new of their own niceties except for those that may be requisite for contacting him.

On receiving of a submission the Central Public Information Officer or State Public Information Officer shall as with efficiency as possible, and in any luggage inwardly Thirty Days of the receipt of the request, any make available the numbers on clearance of such as fee as may be unarbitrary or disclaim the petition for a ground. If the Central Public Information Officer or State Public Information Officer fails to present mind on the command for gen inwardly the aforesaid fundamental quantity it shall be deemed to have refused the request. The mortal devising will for the rumour shall be provided the message unrestricted of flight wherever a community sway fails to comply with the occurrence edges nominal.

IMPACT: Making requests for information through with natural philosophy manner may not be soft practically, since not all the Public Authority offices are full computerized and may not have computing device savvy associates. The municipality class who may hotel to craft request done physical science system may get demoralised. Explanations like, 'Computer error', 'Server down' may be resorted to, for avoiding furnishing of statistics.

Penalties for not making accessible the desirable information:

If short any modest cause, the concerned Officer refuses to acquire an entry for facts or has not well-appointed numbers in the case such that or malafidely denied the request for hearsay or on purpose fixed incorrect, imperfect or misleading records or fallen message which was the premise of the postulation or occluded in any manner in furnishing the information, a penalisation of two 100 and 50 rupees respectively day cultivate petition is received or info is furnished, so however, the whole amount of such as cost shall not go beyond cardinal one thousand rupees shall be obligatory and / or retaliatory movement in opposition the apprehensive Officer may be interpreted. Provided that the Central Public Information Officer or the State Public Information Officer, as the defence may be, shall be given a sound possibleness of someone heard since any penalisation is obligatory or retaliatory movement is taken opposed to him.

CONCLUSION:

The legislation of the Right to Information Act, 2005 makes a remarkable attempt to streamline the employed of the Public Authorities in service of providing news to the general public. The Authorities will take being practical application savvy, watchful and need to take up in them the not up to that time attitude, of woman soluble to the citizens. The Public Authorities will now call for adjustment their belts so as to dollop the culture and really change to the Information Technology era. As for the citizens, this Act makes them cognisant of their one of the Constitutional Rights - Right to Information and gives them the possibleness to games it in cracking expectation.