DOPT AR 0607 English Print.pmd - Jeywin

THE RIGHT TO INFORMATION ACT, 2005
12.5 The Information Act has created a system of two appeals. If an applicant does not
get information within the prescribed period or he is not satisfied with the reply
given to him, he can make first appeal within 30 days to the departmental appellate
authority who is generally the next superior officer to the Public Information Officer.
If the applicant is not satisfied with the decision of the first appellate authority, he
can file a second appeal to the Central Information Commission or the State
Information Commission, as the case may be, within 90 days.
12.6 The provisions of the Act have been made over-riding, so that the scheme is not
subverted through the operation of other minor acts. However, certain types of
information pertaining to security of the country, scientific or economic interest of
the country and information on trade secrets, etc. are exempted from disclosure.
These are such matters on which a common man would hardly require information.
Certain security or intelligence organizations, have been exempted from disclosing
any information except pertaining to corruption or violation of human rights. Such
organizations are required to designate Public Information Officers and first Appellate
Authorities only to deal with applications and appeals relating to information
pertaining to corruption or violation of human rights.
12.7 The Government of India has constituted the Central Information Commission (CIC)
and all the 27 states to which the Act applies have constituted State Information
Commissions (SICs). These Commissions are high powered independent bodies
which inter-alia can look into the complaints made to them and decide the appeals.
The Commissions have power to impose penalty on the defaulting Public Information
Officers. CIC entertains complaints and appeals in case of offices, financial
institutions, public sector undertakings, etc. under the central government and the
union territories while the State Information Commissions entertain appeals
pertaining to offices, financial institutions, public sector undertakings, etc. under
the concerned state government.
12.8 The Act enables the respective Governments to make rules to carry out its provisions.
The Central Government has notified two sets of rules namely; the Right to
Information (Regulation of Fee and Cost) Rules, 2005 and the Central Information
Commission (Appeal Procedure) Rules, 2005.
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