RTI Guidelines

Right to Information Act, 2005

Guidelines for seeking information from Noida Authority

Short title, extent and commencement

• Known as Right to Information Act, 2005. 
• Extends to whole of India except J&K.
• Has become enforceable with effect from 12th October, 2005
• It is more powerful and stringent than Delhi RTI 2001

Coverage

• Covers all public authorities, bodies or institutions constituted by Parliament, Legislative Assembly.
• Includes Parliament, Supreme Court/High Court/Lower Courts, Bodies owned, controlled and substantially financed.
• Including Non-government organizations substantially financed directly or indirectly.
• Govt. empowered to notify or issue orders to include such other bodies.

Citizens made the “Master”

• The act provides for giving almost all information to citizens barring a few exceptions. 
• It makes citizens The Master.
• They can now do social audit of any work through getting information and examining it critically and posing inconvenient questions.
 

Public Information Officers to give information

• Public Information Officers to be appointed by Public Authorities for handling applications received under the Act (by 22.9.2005). 
• Assistant Public Information Officer to be appointed to receive applications on behalf of the Public Authority by( 22.9.2005.) 
• Assistant Public Information officers to be appointed in each Sub-Division/Sub-Districts by (22.9.2005). 
• First Appellate Authority to be within the department/organization by Public Authority

Right to Information (Right to Information includes):

• Inspection of works, documents, records. 
• Taking notes, extracts, certified copies. 
• Taking certified samples of material.
• Obtaining information in floppies, tapes etc.

Definition of Information (Information means any material in any form & includes):-

• Records, documents, memos, e-mail, opinion, advice, orders, log book, contract, reports, papers, samples etc.

Filing of application

• Forms prescribed. 
• Applicant can file application in writing or through electronic means in English or Hindi or local language.
• PIO to assist disabled persons in writing down requests. 
• Reasons for seeking information not required. 
• Personal information about applicant not to be asked except for delivery of reply.

Fee (The following fee has been prescribed by GOI & U.P.Govt.):

• Application Fee Rs 10/- 
• Additional Page Rs 2/ per page A-4 or A-3 
• Large size paper Actual Charges 
• Sample or Model Actual cost 
• Inspection of records First hour no fee there after Rs 5/- per 15 minutes 
• Floppy/Diskette Rs 50/- 
• NO fee for Below Poverty Line

Mode of payment (The fee can be paid in any of the following modes:

• Cash 
• Demand Draft 
• Banker cheque 
• Indian Postal Order

Disposal of request

• In cases information is sought concerning life or liberty, it is to be given in 48 hours. 
• Reply in other cases to be given in 30 days. 
• 5 days to be added if the application is received through SAPIO. 
• In case of third party 40 days. 

Appeals

• Appeals lie at two levels. 
• First appeal within department/ organization i.e. First Appellate Authority/Addl. Chief Executive Officer, Noida within 30 days. 
• Second appeal before State Information Commission, Lucknow within 90 days. 
• Appeals to be decided within 30 days. 

Third Party Information

• Where information about third party is sought by the applicant, a notice will be given to third party to present his case within 5 days. 
• An opportunity of hearing will be given within 10 days. 
• Third party will have right to appeal. 

Exemption from disclosure of information

• As per section 8 the following type of information shall not be obligatory to be given. 
• Concerning security and integrity of India. 
• Forbidden to be published by the court of law.
• Disclosure of which leads to breach of privilege of Parliament/Assembly. 
• Commercial confidence trade secrets and intellectual property. 
• Information received in fiduciary relationship.
• Information received in confidence from foreign government.
• Disclosure of which may endanger life and liberty. 
• Which impedes the process of a investigation. 
• Cabinet Papers including record or deliberation.
• Personal information which has no relationship to any public activity.
• Leads to infringement of copyright. 

Penalty Provisions

• Can impose penalty @ Rs. 250/- for each day of delay subject to a maximum of Rs. 25,000/-. 
• Can issue directions for disciplinary action against PIO in cases of persistent default. 
• Opportunity of hearing to be given. 

Need for prompt attention

• All Officer and staff members need to be sensitized to pay proper attention to this act. 
• Necessary preparatory measures for implementation should be completed as per prescribed schedule in the Act. 
• Officials need to be vigilant in disposal of requests received under the Act. 
• All requests received under the Act need to be dealt within time prescribed. 

Other Important Points

• Assistant Public Information Officer can receive applications for any PIO. 
• First Appellate Authority should be senior to PIO. 
• PIO should be senior officers who should be able to control work and dig out information as they have to perform a quasi judicial information. 
• Clear demarcation of work should be done amongst the PIO and Appellate Authorities to avoid confusion.
• Notify the substantially financed bodies to bring them under the purview of RTI. 

Arrangement for receipt for application.

• Arrangements for receipt of application & fee should be suitably be made to facilitate the work.
• Information counters should be setup near reception counters. 
• The APIO/PIO/Appellate Authority should be easily accessible to public. 
• Board depicting room number etc of PIO/APIO should be available at the main entrance. 

Role of Secretaries /HODs/CEOs 

• Appoint PIO/APIO 
• Appoint first appellate authority. 
• Identify bodies substantially financed to be brought under the purview of the act. 
• Give wide publicity about the provisions of the act. 
• Organize internal workshops for sensitization of officers and staff.
• Ensure proper arrangements for receipt of application/fee etc. 
• Provide requisite number of counters for guidance. 
• Prepare suo motu information and disseminate to the maximum. 
• Monitor and control the working of all concerned officers.