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Assignment of Jurisprudence On Right To Information Act

The document outlines India's Right to Information Act which establishes citizens' right to access information from public authorities. It details obligations of public authorities to (1) maintain and computerize records, (2) publish information about their organization, functions, procedures, etc., (3) provide reasons for administrative decisions, and (4) designate Public Information Officers to receive and respond to information requests from citizens. The Act also specifies procedures for requesting information, timelines for responses, and grounds for rejecting requests.
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0% found this document useful (0 votes)
68 views8 pages

Assignment of Jurisprudence On Right To Information Act

The document outlines India's Right to Information Act which establishes citizens' right to access information from public authorities. It details obligations of public authorities to (1) maintain and computerize records, (2) publish information about their organization, functions, procedures, etc., (3) provide reasons for administrative decisions, and (4) designate Public Information Officers to receive and respond to information requests from citizens. The Act also specifies procedures for requesting information, timelines for responses, and grounds for rejecting requests.
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3. Right to informution.

-Subject to the provisions of this Aet, all citizens shall have the right
to information.
4.Obligations of public authorities.-) Every public authority shall
(a) maintain all its records duly catalogued and indexed in a manner and the form which
facilitates the right to information under this Act and ensure that all records that are appropriate
o be computerised are, within a reasonable time and subject to availability of resources,
omputerised and connected through a network all over the country on different systems so that
ccess to such records is facilitated;
) Publish within one hundred and twenty days from the enactment of this Act,
() the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(ii) the procedure followed in the decision making process, including channels of

supervision and accountability;


(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control
or used by its employees for discharging its functions
(vi) a statement of the categories of documents that are held by it or under its control;
(v) the particulars of any arrangement that exists for consultation with, or representation
by, the members of the public in relation to the formulation of its policy or
implementation thereof; (vii) a statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its part or for the purpose of its

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advice, and as to whether meetings of those bourds, councils, committees and other
bodies are open to the publie, or the minutes of such meetings are accessible for publie;

(ix) a directory of its oficers and employees


(&) the monthly remuneration received by each of its oflicers and employees, including

the system of compensation as pravided in its regulations


(x1) the budget allocaled to each of its agency, indicating the particulars of all plans,

proposed cxpenditures and reports on disbursements made;


(Xn) he mariner or execution o subsidy programmes, including the amounts allocated

and the details of beneficiaries of such progranmmes;


(aii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an
electronic torm;
(xv) the particulars of facilities available to citizens for obtaining information, including
the working hours of a library or reading room, if maintained for publie use;
(xvi) the names, designations and other particulars of the Publie Information Oficers;
(xvi) such other information as may be prescribed; and thereater update these

publications every year;

() publish all relevant facts while formulating important policies or announcing the decisions
which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
5. Designation of Public Information Ofmicers
(1) Every public authority shal, within onc hundred days of the enactment of this Act, designate
as many officers as the Central Public Information Officers or State Public Information Officers,
as the case may be, in all administrative units or otfices under it as may be necessary to provide

information to persons requesting for the information under this Act.


) Without prejudice to the provisicns of sub-section (1), every public authority shall desjgnate
an officer, within one hundred days of the enactment of this Ac, at each sub-divisional level or
other subdistrict level as a Central Assistant Public Information Oficer or a State Assistant
Public Information Officer, as the case may be, to receive the applications for information or
appeals under this Act for forwarding the same forthwith to the Central Public Information
Oficer or the State Public Information Officer or seníor officer specified under sub-section (1)
of section 19 or the Central Information Commission or the State Information Commission, as
the case may be: Provided that where an application for infomation or appeal Is given to a

Central Assistant Public Information oficer or a State Assistant Public Intormation Oficer, as

the case may be, a period of five days shall be added in computing the period for response

specificd under sub-section )olsection


State Public Information Officer, as the case
(3) Every Central Public Information Officer or

reasonable
may be, shall deal wilh requests trom Persons secking intormation and render

assistance to the persons seeking such information.


(4) The Central Public Information Officer or State Public Information Officer, as the case may

be, may seek the assistance of any other officer as be or she considers it necesary for the proper

discharge of his or her duties.


( ) Any officer, whose assistance has been sought under sub-section (4), shall render all

assistance to the Central Public Intformation Officer or State Public Information Oficer, as the

Case may be, seeking his or her assistance and for the purposes of any contravention of the

provisions of this Act, such other officer shall be treated as a Central Public Information Oficer

or State Public Information Officer, as the case may be.


6. Request for obtaining information.-
(1) 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 or in the official language of the area in
which the application is being made, accompanying such fec as may be preseribed, to
(a) the Central Public Information Officer or State Publie Information Officer. as the case
may be, of the concerned public authority:

(b) the Central Asistant Public Information Oicer or State Assistant Public Information
Officer, as the case may be, specifying the particulars of the information sought by him
or her: Provided that where such request cannot be made in writing, the Central Publie
Information Officer or State Public Information Officer as the case may be, shall render

all reasonable assistance to the person making the request orally to reduce the same in

writing.
(2) An applicant making request for information shall not be required to give any reason for

requesting the information or any other personal details except thOse that may be necessary tor

contacting him.
(3) Where an application is made to a public authority requesting for an information,

(i) which is held by another public authority; or


(in) 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, shal transfer the application or
SUch part of it as may be appropriate to that other public authority and infomm the applicant

immediately about such transfer:


Provided that the transter of an application pursuant to this sub-section shall be made as

soon as practicable but in no case later than five days from the date of receipt of the application

7. Disposal of request.

)Subyect to tne provISO to sub-Section ( ) of section or the provISO to sub-section (3) o

section 6, the Central Public Information Officer or State Public Information Oficer, as the case
may be, on receipt of a request under section 6 shall, as expeditiously as possible, and m any

case within thirty days of the receipt of the request, either provide the information on payment of
Such fee as may be prescribed or reject the request tor any of the reasons specified in sections8

and 9: Provided that where the information sought for concems the life or liberty of a person, the
same shall be provided within forty-eight hours of the receipt of the request.
(2)If the Central Public Information Oficer or State Public Information Oicer, as the case may
be, fails to give decision on the request for information within the period specified under sub

section (1). the Central Public Information Oficer or State Public Information Officer, as the
case may be, shall be deemed to have refused the request.

(3) Where a decision is taken to provide the information on payment of any further fee
representing the cost of providing the information, the Central Publie Information Officer or
State Public Information Oficer, as the case may be, shall send an intimation to the person

making the request, giving

(a) the details of further fees representing the cost of providing the information as
determined by him, together with the calculations made to arrive at the amount in
accordance with fee prescribed under sub-section 0 , requesting him to deposit that fees

and the period intervening between the despatch of the said intimation and puyment of
fees shall be excluded for the purpose of calculating the períod of thirty days referred to
in that sub-section;
(6) information concening his or her righi with respect to review the decision as to the

amount of fees charged or the form of access provided, including the particulars of the
appellate authority, time limit, process and any other forms.

17
(4) Where access to the ecord or a part thereof is required to be provided under this Act and the

person to whom access is to be provided is sensorily disabled, the Central Public Information
Officer or State Public Information Oficer, as the case may be, shall provide assistance to enable
access to the intomation, including providing such assistance as may be appropriate for the

imspection.
6) Where access to infornation is to be provided in the printed or in any electronic format, the
applicant shal, subject to the provisions of sub-section (6), pay such fee as may be preseribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections () and (5)of
section 7 shall be reasonable and no such fee shall be charged from the persons who are of below
poverty line as may be determined by the appropriate Govemment.
( ) Notwithstanding anything contained in sub-section (5), the person making request for the

information shall be provided the information free of charge where a public authority fails to
comply with the time limits specified in sub-section ().
(7) Before taking any decision under sub-section (U), the Central Public Infomation Officer or
State Public Information Officer, as the case may be, shall take into consideration the
representation made bya third party under section I1.
(8) Where a request has been rejected under sub-section (1), the Central Public Information
Officer or State Public Information Oficer, as the case may be, shall communicate to the person

making the request,-


0)the reasons for such rejection;

(i) the period within which an appeal against such rejection may be preferred; and
(ii) the particulars of the appellate authority
(9) An information shall ordinarily be provided 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 rocord in question.
8. Exemption from disclosure of information-) Norwithsanding anything contained in this

Act, there shall be no obligation to give any


citizen,
(a) information, disclosure of which would prejudicially affect 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;
(6) information which has been expressly forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute contempt of court

18
(0) intormation, the disclosure of which would cause a breach of privilege of Parliament or the

State Legislature;
(a) informalion including commercial confidence, trade secrets or intelleclual property, the

disclosure of which would ham the competitive postion of a third party. unless the competent
authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority
Is salisfied that the larger public interest warrants the disclosure of such information;

(0 informaticon received in confidence from foreign Government;


(g) information, the disclosure of which would endanger the life or physical safety of any person
or identify the source of information or assistance given in confidence for law enforcement or

Security purposes,

) information which would impede the process of investigation or apprehension or prosecution


of offenders;

() cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other oficers
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the
basis of which the decisions were taken shall be made public after the decision has been taken,
and the matter is complete, or over: Provided further that those matters which come under the

exemptions specified in this section shall not be disclosed;


9. Grounds for rejection to access in certain cases.-

Without prejudice to the provisions of section 8, a Central Public Infomation Officer or a State
Public Information Officer, as the case may be, may reject a request for information where such
a request for providing access would involve an iníringement of copyright subsisting in a person

other than the State.


10. Severability-q) Where a request for access to information is rejected on the ground that it
is in relation to information which is exempt from disclosure, then, notwithstanding anything

contained in this Act, access may be provided to that part of the recond which does not contain
any information which is exempt from disclosure under this Act and which can reasonably be
severed from any part that contains exempt information.
11. Third party information (/) Where a Central Public Information Officer or a State Public
Information officer, as the case may be, intends to disclose any information or record, or part
thereot 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 Central Public Information Officer or

19
State Public Information Oflicer, as the case
may be, 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 Central
Public Information Officer or State Public Information Oflicer, the
as case
may be, intends to
disclose the information record,
or or
part thereof, and invite the third party to make a

Submissiorm in
writing or orally, regarding whether the intormation should be disclosed, and such
submission of the third party shall be kept in view while decision about disclosure of
taking a

information.
12. Constitution of Central Information commissions
()The Central Government shall, by notification in the OMcial Gazette, constitute a body to be
known as the Central Information Commission to exercise the powers conferred on, and to
perform the functions assigned to, t under this Act.

(2) The Central Information Commission shall consist


of-
(a) the Chief Information Commissioner, and
(b) such number of Central Information Commissioners, not exceeding ten, as may be
deemed necessary.
6) The Information Commissioner and Information Commissioners shall be
Chief appointed by
the President on the recommendation of a
committee consisting of
) the Prime Minister, who shall be the Chairperson of the committee;
(i) the Leader of Opposition in the LokSabha; and

(ii) a Union Cabinet Minister to be nominated by the Prime Minister.

()The general superintendence, direction and management of the affairs of the Central
Information Commission shall vest in the Chief Information Commissioner who shall be assisted
by the Intormation Commissioners and may exercise all such powers and do all such acts and

things which may be exercised or done by the Central Information Commission autonomously
without being subjected to directions by any other authority under this Act.

(5) The Chief Information Commissioner and Infomation Commissiones shall be persons of
eminence in public life with wide knowledge and experience in law, science and technolog
social service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an nformation Commissioner shall not be a

Member of Parliament or Member of the Legislature of any State or Union territory, as the case

may be, or hold anv other oflice of nrofit or connected with any nolitical narty or carming on
offices at other places in India.

13. Term of office and conditions of service


)The Chief Information Commissioner shall hold office 2 [for such term as may be prescribed
by the Central Govemment)] and shall not be eligible for reappointment: Provided that no Chief
Information Commissioner shall hold office as such after he has attained the age of sixty-five
years
(2) Every Information Commissioner shall hold office 1 [for such term as may be prescribed by
the Central Govenment) or till he attains the age of sixty-five years., whichever is earlier, and
shall not be eligible for reappointment as such Information Commissioner: Provided that every
Information Commissioner shall, on vacaling his office under this sub-section be eligible for

appointment as the Chief lnformation Commissioner in the manner specified in sub-section.


) of section 12: Provided further that where the Information Commissioner is appointed as the
Chief Information Commissioner, his term of office shall not be more than five years in
aggregate as the Information Commissioner and the Chief Information Commissioner.

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