Right to Information Act of 2005
enacted by two houses of Parliament has become operative from 12th October,
2005.Now this law has become applicable to whole of India.
This enactment gives a very
important right to citizens. It is common knowledge to everybody that in most
of the Government Departments and Municipal Corporations there is high degree
of corruption. If the palms of the officers and the staff concerned are not
normally greased nothing moves. Normally, only when the people grease the palms
of the officers their things are done. This Act gives power to the honest
citizen or honest developer to get his things done if there is gross delay.
Let us first understand certain
important aspects of this legislation. Section 2(j) of the Act defines right to
information. The same reads as under:-
“Right to information” means the
right to information accessible under this Act which is held by or under the
control of any public authority and includes the right to-
1) Inspection of work, documents,
records;
2) Taking notes, extracts or
certified copies of documents of records;
3) Taking certified samples of
material;
4) Obtaining information in the
form of diskettes, floppies, tapes, video cassettes or in any other electronic
mode or through printouts where such information is stored in a computer or in
any other device.
Now this right to get information
is not restricted only to Government and Municipal Corporations.
Let us see some practical uses –
The plans are submitted to the
BMT for sanction. There is delay as the palms of the concerned officers are not
greased. It is now possible for a citizen to ask the question and collect
information like-
How many other plans were
submitted on the day for sanction by the people?
What has happened to the said
plans?
Out of them how many plans are
passed?
What is the status of his plan?
It is also possible to ask for
inspection of document, records, taking notes and obtain certified copies
thereof.
Under the Act all the administrative
offices of public authorities have to appoint Public Information Officer (PIO).
We can apply for information to PIO of the concerned office. The information is
to be provided within thirty day. There are certain charges liveable which are
more or less considered as token amount. If the information is not provided or
wrongfully refused, we can go in appeal to appellate authority who is an
official in the same department, senior to the PIO of the Department.
Against the decision of the
Appellate Authority we can appeal to the State or Central Information
Commissioner which is an independent constitutional authority.
The most important thing is that
the Act imposes penalty on PIO at the rate of Rs 250/- per day for the dealy or
for malicions denial of information. This particular provision helps the
citizen to get information in time.
All the offices shall have
display boards giving the name of the PIO and such other relevant information.
In case you are not able to get at the PIO concerned you can address an
application to PIO at the Head Office.
Even if you send application by mistake to the wrong PIO he is supposed
to forward the same to the concerned PIO. Certain information is available at
the website.
FORMAT OF THE APPLICATION
To,
The Public Information Officer
(Name of the Office with address)
1. Full Name of applicant.
2. Address.
3. Particulars of the information
required:-
(i)
Subject matter of information.
(ii)
The period to which the information relates.
(iii)
Description of the information required.
(iv)
Whether the information is required by post or in person. (The actual postal
charges shall be included as additional fees)
4. Whether the applicant is below
poverty line (if yes, then the photocopy of the proof thereof).
Place (Signature of
the Applicant)
Date:
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