Hand Book for Gaon Burahs and Panchayati Raj Leader

Hand Book for Gaon Burahs and Panchayati Raj Leader Hand Book for Gaon Burahs and Panchayati Raj Leader

arunachalpwd.org
from arunachalpwd.org More from this publisher
12.07.2015 Views

98CHAPTER-XXIRIGHT TO INFORMATION ACT 2005What does Right to information means?It includes the right to-• Inspect works, documents, records• Take notes, extracts or certified copies of documents or records.• Take certified samples of material.• Obtain information in form of printouts, diskettes, floppies, tapes, videocassettesor in any other electronic mode or through printouts.What is not open to disclosure i.e. what cannot be disclosed under the RTIact?The following is exempt from disclosure:i. Information, disclosure of which would prejudicially affect the sovereigntyand integrity of India, the security, strategic, scientific or economicinterest of the state, relation with foreign or lead to incitement of anoffence;ii. Information, which has been expressly forbidden to be published by anycourt of law or tribunal or the disclosure of which may constitutecontempt of court;iii. Information, the disclosure of which would cause a breach of privilege ofParliament or the State Legislature;iv. Information, including commercial confidence, trade secrets orintellectual property, the disclosure of which would harm the competitiveposition of a third party, unless the competent authority is satisfied thatlarger public interest warrants the disclosure of such information;v. Information, available to a person in his judiciary relationship unless thecompetent authority is satisfied that the larger public interest warrantsthe disclosure of such information;vi. Information received in confidence from foreign Government;vii. Information which would impede the process of investigation;viii. Or apprehension or prosecution of offenders;ix. Cabinet papers including records of deliberations of the Council ofMinisters, Secretaries and other Officers;

99x. Information which relates to personal information the disclosure of whichhas no relationship to any public activity or interest, or which wouldcause unwarranted invasion of the privacy of the individual;xi. Notwithstanding any of the exemptions stated above, a public authoritymay allow access to information, if public interest in disclosure outweighsthe harm to the protected interest.OTHER EXEMPTIONS FROM THE RIGHT TO INFORMATION ACT 2005a) Infringes copyright, except of the State.b) Where practicable, part of record can be released.c) Intelligence any security agencies exempt (S 24)-except cases ofcorruption and human rights violation.d) Third party information to be released after giving notice to third party.e) Most exempted information to be released after 20 years (with someexceptions).f) Provided that the information, which cannot be denied to the parliamentor a State Legislature shall not be denied to any person.The Centre information Commission is an autonomous body set up toinquire into complaints received from citizens.You can complain that you have been refused access to information.You can also complain about how the public authority has handled yourrequest, for instance;a) Failure to respond to your request with 30 working days (orb) Failure to explain why an extension to the 45 days is needed)c) Failure to give you proper advice and help within the stipulated time.d) Failure to properly explain reasons for refusing your request, for instanceif the public authority believes that giving you information would harm acriminal investigation.RTI Act 2005-PenaltiesPenalties can be imposed by the information Commission on PIO orOfficer asked to assist PIO in cases where the information is withheld. Thenature of penalties is given as under:-• For unreasonable delay- Rs. 50 per day up to Rs. 500 under rule 3• When there is illegitimate refusal to accept application.• Malafide denial application Rs. 1000/- per• Knowingly providing false information application• Destruction of information etc under rule 3 of APRight toinformationRules, 2005

98CHAPTER-XXIRIGHT TO INFORMATION ACT 2005What does Right to in<strong>for</strong>mation means?It includes the right to-• Inspect works, documents, records• Take notes, extracts or certified copies of documents or records.• Take certified samples of material.• Obtain in<strong>for</strong>mation in <strong>for</strong>m of printouts, diskettes, floppies, tapes, videocassettesor in any other electronic mode or through printouts.What is not open to disclosure i.e. what cannot be disclosed under the RTIact?The following is exempt from disclosure:i. In<strong>for</strong>mation, disclosure of which would prejudicially affect the sovereignty<strong>and</strong> integrity of India, the security, strategic, scientific or economicinterest of the state, relation with <strong>for</strong>eign or lead to incitement of anoffence;ii. In<strong>for</strong>mation, which has been expressly <strong>for</strong>bidden to be published by anycourt of law or tribunal or the disclosure of which may constitutecontempt of court;iii. In<strong>for</strong>mation, the disclosure of which would cause a breach of privilege ofParliament or the State Legislature;iv. In<strong>for</strong>mation, including commercial confidence, trade secrets orintellectual property, the disclosure of which would harm the competitiveposition of a third party, unless the competent authority is satisfied thatlarger public interest warrants the disclosure of such in<strong>for</strong>mation;v. In<strong>for</strong>mation, available to a person in his judiciary relationship unless thecompetent authority is satisfied that the larger public interest warrantsthe disclosure of such in<strong>for</strong>mation;vi. In<strong>for</strong>mation received in confidence from <strong>for</strong>eign Government;vii. In<strong>for</strong>mation which would impede the process of investigation;viii. Or apprehension or prosecution of offenders;ix. Cabinet papers including records of deliberations of the Council ofMinisters, Secretaries <strong>and</strong> other Officers;

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!