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DOPT AR 0607 English Print.pmd - Jeywin

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS<br />

CHAPTER - 12<br />

THE RIGHT TO INFORMATION ACT, 2005<br />

12.1 Right to Information is implicitly guaranteed by the Constitution. Nevertheless,<br />

recognizing a need for setting out a practical regime for securing information by<br />

citizens from the public authorities and to promote transparency and accountability<br />

in the working of all public authorities, the Right to Information Act was enacted in<br />

2005. The law is comprehensive and covers disclosure of information on almost<br />

all matters of governance. It is applicable to the government at all levels- union,<br />

state and local and also to the bodies owned, controlled or substantially financed<br />

directly or indirectly by the government. It covers all legislative bodies, the judiciary,<br />

the executive and all Constitutional bodies.<br />

12.2 The Act applies a two pronged strategy for dissemination of information. It casts an<br />

obligation on public authorities for suo moto disclosure/publication of large amount<br />

of information. It also requires the public authorities to supply information called for<br />

by any citizen and to permit him to inspect the documents and collect samples of<br />

various works. The procedure for seeking information is very simple. A person<br />

seeking information has to make a request to the concerned Public Information<br />

Officer indicating the information is to be had and the address at which the<br />

information is required. The request may be sent either by post or submitted in<br />

person. It can be made in Hindi or <strong>English</strong> or in the official language of the area and<br />

can also be sent through email.<br />

12.3 The Act creates an elaborate machinery to ensure supply of information which<br />

consists of Public Information Officers, Assistant Public Information Officers,<br />

independent Central Information Commission and State Information Commissions,<br />

etc.<br />

12.4 The Act requires supply of information on a time bound basis. A Public Information<br />

Officer is required to send information called for at the specified address within 30<br />

days. In case of information concerning the life or liberty of a person, the information<br />

is provided within forty eight hours. If the information is not provided within the<br />

prescribed period, the Act has a provision for imposition of stringent penalty on the<br />

Public Information Officer. The Public Information Officer may have to pay a penalty<br />

of Rs.250 per day of delay subject to a maximum penalty of Rs. 25,000/-.<br />

102

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