Saturday 9 April 2011

RTI Bihar: 30 Frequently Asked Questions (FAQs) Part II

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RTI (Right to Information) Act, 2005 is implemented in India about 5 years ago, however still common people have various questions regarding the act. Below are some of the frequently asked questions related to RTI Act, 2005.


Q. Who are Public Information Officers (PIOs)?
Ans. PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

Q. What are the duties of a PIO?
Ans. PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing. · If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately. · PIO may seek the assistance of any other officer for the proper discharge of his/her duties. · PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 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 S.8 or S.9. · Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request. · If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request. · Where a request has been rejected, the PIO shall communicate to the requester - (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. PIO shall provide information 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. · If allowing partial access, the PIO 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; ande. 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.

Q. What is the Application Procedure for requesting information?
Ans. 1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for. 2. Reason for seeking information are not required to be given; 3. Pay fees as may be prescribed (if not belonging to the below poverty line category).

Q. What is the time limit to get the information?
Ans. 1. 30 days from the date of application 2. 48 hours for information concerning the life and liberty of a person 3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer. 4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation). 5. Failure to provide information within the specified period is a deemed refusal. 

Q. What is the fee?
Ans. 1. Application fees to be prescribed which must be reasonable. 2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at; 3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority; 4. No fees will be charged from people living below the poverty line 5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit. 

Q. What could be the ground for rejection?
Ans. 1. If it is covered by exemption from disclosure. (S.8) 2. If it infringes copyright of any person other than the State. (S.9) 

Q. Who are the Appellate Authorities?
Ans. 1. First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown). 2. Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (delay may be condoned by the Commission if sufficient cause is shown). 3. Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority; and, within 90 days of the decision on the first appeal, before the appropriate Information Commission which is the second appellate authority. 4. Burden of proving that denial of Information was justified lies with the PIO. 5. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (S.19)

Q. How is Central Information Commission constituted?
Ans. 1. Central Information Commission to be constituted by the Central Government through a Gazette Notification. 2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India. 3. Oath of Office will be administered by the President of India according to the form set out in the First Schedule. 4. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government. 5. Commission will exercise its powers without being subjected to directions by any other authority. (S.12) 

Q. What is the eligibility criteria and what is the process of appointment of CIC/IC?
Ans. 1. Candidates for CIC/IC must 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. 2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (S.12) 3. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.

Q. What is the term of office and other service conditions of CIC?
Ans. 1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. 2. CIC is not eligible for reappointment. 3. Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service. (S.13) ?

RTI Bihar, RTI Act 2005, FAQs RTI Act, Right to Information Act.





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