RIGHT TO INFORMATION

INFORMATION

Means any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form.

(Page 2 of 7)

RECORD
Record includes Any document, manuscript and file; Any microfilm, microfiche and facsimile copy of a document; Any reproduction of image or images; Embodies in such microfilm (whether enlarged or not) and Any other material produced by a computer or any other device.

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: Inspection of work, documents, records; Taking notes, extracts or certified copies of documents or records;

 Taking

Certified samples of material; 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.

PROCESSES

A person , who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, with prescribed fee, to Public Information Officer (PIO) specifying the particulars of the information sought by him or her. The Fee of rupees Ten (Rs. 10/-) either by way of Cash against proper receipt or by Demand Draft or bankers cheque [or Indian Postal Order] payable to the Accounts Officer of the Public Authority needed to be accompanied with the Application.

PROCESSES

Contd

(i)

(ii)

Where an application is made to a public authority requesting for an information,Which is held by another public authority; or 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.

PROCESSES

contd

Information to be provided - within 30 days - 48 hours where life or liberty is involved - 40 days where third party is involved Where a PIO 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 PIO 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 PIO 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 :

PROCESSES

contd

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. 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 If the third party has been given an opportunity to make representation, the PIO within forty days after receipt of the request, shall make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

PROCESSES

contd

(i) (ii)

(iii)

Where a request has been rejected under sub-section (1), the PIO shall communicate to the person making the request the reason for such rejection; the period within which an appeal against such rejection may be preferred; and the particulars of the appellate authority.

PROCESSES

contd

Time taken for calculation of fee for providing information will be included in the time limits. However time from intimation to requester till deposit of fees excluded from the time frame. No action on application for 30 days is a deemed refusal.

Central Information Commission - Functions

Functions

Contd

Who thinks the fees charges are unreasonable. Who thinks the information given is incomplete or false or misleading. And any other matter relating to obtaining information under this law. CIC may initiate inquiry in the above situations if there are reasonable grounds for so doing.

(page 5 of 7)

POWERS
CIC have powers to Impose penalties under this law. Reject the appeal.

EXEMPTIONS

Where disclosure prejudicially affects 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. Release of which has been expressly forbidden by any court of tribunal or may be contempt of court.

EXEMPTIONS
Contd

Where disclosure would cause a breach of privilege of Parliament or Legislature. Commercial confidence, trade secrets or intellectual property, where disclosure would harm competitive position, or become available to a person in his fiduciary relationship, unless larger public interest so warrants.

EXEMPTIONS
Contd

Received in confidence from foreign government. Endangers life or physical safety or identifies confidential source of information or assistance. Impedes the process of investigation or apprehension.

EXEMPTIONS
Contd

Personal information which would cause invasion of privacy unless larger public interest justifies it. Infringes copyright, except of the state.

EXEMPTIONS
Contd

Where practicable, part of record can be released. Intelligence and security agencies exempt except for corruption and human rights violation charges. Third party information to be released after giving notice to, and hearing third party.

EXEMPTIONS
Contd

Most exempt information to be released after 20 years. Provided that the information, which cannot be denied to the Parliament or a state legislature shall not be denied to any person.

EXEMPTIONS
Contd

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

APPEALS

First appeal with senior in the Department. Second appeal with Information Commission. Any person who does not receive a decision within the time specified in sub-section (1) or Cl.(a) of sub-section (3) of Sec. 7, or, is aggrieved by a decision of the Central Public Information Officer or the State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central PIO or the state PIO, as the case may be, in each public authority : Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

APPEALS
contd

A second appeal against the decision under subsecton (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission. An appeal shall be disposed off within thirty days of the receipt of the appeal or within such extended period not exceeding a total of fortyfive days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

(page 7 of

7)

PENALTIES
For illegitimate refusal to accept application, malafide denial, knowingly provide false information, etc. fine OF Rs. 250 per day up to Rs. 25,000; Recommendation for departmental action for persistent or serious violations.

List of RDSOs Membership of the Indian/Foreign Societies/Institutions/Association during the year 2004 - 2008
S. No
.

Name of the Institute / Associations / Societies

Recm Dte. TI 2004

Recommending years

ASTM-USA
American Society for Testing Material

2005

2006

2007

2008

www.astm.org 2

BCL-India
(British council Library)

Library

2007

2008

www.britishcouncil.org.in 3

CSI - India
(Computer Society of India)

Computer

2004

2005

2006

2007

2008

www.csi-india.org 4

IABSE -India
(Indian Nation Group-International Association for Bridge & Structural Engineering) India

B&S

2004

2005

2006

2007

2008

www.iabse.org

5.

IASLIC India (Association of

Library 2004

2005 2006 2007

2008

www.iaslic1955.org 6 ICDC-India
(Indian Copper Development Center)

TI

2004

2005

2006

2007

2008

www.indiancopper.org 7 8 ICI-India (Indian Concrete Institute) IEEE-USA (Institute of Electrical &

TI Elect.

2004 .

2005 .

2007

2008

www.ieee.org

IEI India
India)

(Institution of Engineers

TI, Comp
GE

2004

2005

2006

2007

2008

www.ieindia.org 10 IGS- India

2004

2005

2006

2007

2008

www.igs.org

11

IIF-India www.indianfoundry.com IRSE-UK (Institution of Railway Signal Engineers) www.irse.org IST -UK (Institute of Spring Technology) LMOA- USA (Loco motive Officers Association) CIT- New Delhi (Chartered Institute of Logistics Transport-India). www.cit-india.com

M&C

2004

12

Signal

..

2006

2007

2008

13

Wagon

2004

2005

..

14

MP

..

2005

2006

2007

15

Library

lifetime membership taken in 1999