By : Prof. Akham Biradhaja Singh/IFP
The Right to Information Act, 2005 of the Parliament which received assent of the President, Republic of India on 15-6-2005 and published in the Gazette of India, Extraordinary Part-II, Section 1 on 21-6-2005 and republished in the Manipur Gazette for information of the general public on 12-7-2005 is an Act to provide a practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
As the Parliament of India real realized the corrupt, dishonest, secret and wrong/illegal practices exercised by the public servants and government servants of the public authorities from the manifestation of wealth and property amassed disproportionately with incomes by servants/employees under the veil and pretext of the Official Secrets Act, 1923, which was framed and used by the British-India Regime in India, which was also continued and followed after independence of India, the Parliament of India framed the Freedom of information Act, 2002 (No. 5 of 2003) for the first time and framed the Right to Information Act, 2005 (No. 22 of 2005) in the second generation to repeal the Freedom of Information Act, 2002.
The illegal practices of the public authorities did enhance the gaps of incomes of the difference of the amounts of income of the salary class employees of the organised sector and non-salary class of workers of the unorganized sector in India beyond the reasonable ranges of incomes earned legally by them. Further, the illegal practices did create the phenomena of insurgency, separatism, sovereigntism, naxalism, extremism and terrorism etc. In India.
The inherent true spirit of the Right to Information Act, 2005 is to acknowledge, disseminate, discover, investigate, inquire, search, research, remedy and report for remedy the corrupt dishonest and wrong/illegal practices exercised by the public servants and government servants of public authorities in their services with the seeking/obtaining and correcting of information/documents from the public authorities by the concerned/interested citizens for the goal of achievement of good/excellent governance in the democratic norm of administration in India.
The exercise of this Act can cover all the informations/documents of schemes and programmes available in the public authorities/Govt. departments of Central Government and State Governments except exempted ones as provided for by section 24 of this Act.
The exercise of the present provisions of this Act by about 5 percent of the population of India should reduce to about 80 percent the present trend of corrupt, dirty, dishonest and illegal services of the public servants and government servants of the public authorities in the administration in India and should also enable bringing in a clean, transparent, efficient, excellent governance in India by or before 2015 A.D.
The exercise of this Act with other Acts by the individuals and public-spirited persons can uncover the disproportionate incomes amassed dishonestly, illegally and wrongly in terms of lakhs of crore rupees by the public servants and government servants during their services periods of the public authorities in India.
The exercise of this Act is a motivation of an approach towards scientific socialism in India. For achieving the goal of scientific socialism in India, the public authorities should strive to conduct, organize and sponsors literacy and awareness campaigns and programmes of the Right to Information Act, 2005 all over India. Because the present trend of seeking and obtaining of information/documents under the Right to Information Act.2005 may compared as the warlike fight, which may be assumed as the 2nd Mahabharat/Khurushetra war of Mahabharat in the myth of Hinduism, of the public/public-spirited persons on one side versus public servants & government servants on opposite side.
It may be assumed that there are 29 major battle fields (Information Comissions) in India for the warlike fight of seeking and obtaining of information/documents by the citizens from the public authorities. The warlike fight for information/documents in between the public/public-spirited persons and the public authorities may be finished in the year 2015 A.D. by achieving classless society means povertyless society in terms of generation of incomes i.e. adequate means to livelihood to alleviate/remedy poverty in India.
The exercise of this Act shall destroy 100% i.e. all forms of corruption in India when this Act is extended to cover to all political parties and non-governmental organizations and the exercise of this Act by the citizens/public i.e-spirited persons be reached/achieved by at least 5 percent of the population in India. This Act may be assumed as an instrument of 10th incarnation i.e. KALKI of Load Vishnu as predicted in the epic/myth of Hinduism for destroying all forms of corruption in KALIYUG in India. It is hoped that the exercise of this Act shall bring peace, prosperity and golden age (Satya Yug) in India in the near future while this Act is the road map. Hence past and present corrupt, dishonest, selfish, wise persons/evildoers including President, Prime Minister shall make later accused, convicted, foolish and sentenced persons to jail. As the truth defeats the untruth, honesty is the best forever in our human society.
The following are a few selected excellent important and substantiative provisions of the Right to Information Act, 2005 for the citizens:-
Definitions of this Act.
a) “appropriate Government” means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly-
i) by the Central Government or the Union territory administration, the Central Government.
ii) by the State Government, the State Government.
b) “Central Information Commission” means the Central Information Commission constituted under Subsection (1) of section 12;
c) “Central Public Information Officer” means the Central Public Information Officer designated under subsection (1) and includes a Central Assistant Public Information Officer designated as such under subsection (2) of section 5;
d) “Chief Information Commission” and “Information Commissioner” mean the Chief Information Commissioner and Information Commission appointed under subsection (3) of section 12;
e) “Competent authority” means-
i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;
ii) the Chief Justice of India in the case of the Supreme Court;
iii) the Chief Justice of the High Court in the case of a High court;
iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;
v) the administrator appointed under article 239 of the Constitution;
f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advice press releases, circular, others, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
g) “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;
h) “public authority” means any authority or body or institution of self-government established or constituted-
a) by or under the Constitution;
c) by any other law made by Parliament;
c) by any other law made by State Legislature;
d) by notification issued or order made by the appropriate Government, and includes any-
i) body owned, controlled or substantially financed;
ii) non-government organisation substantially financed directly or indirectly by funds provided by the appropriate government;
i) “record” includes-
a) any document, manuscript and files;
b) any microfilm, microfiche and facsimile copy of a document;
c) any reproduction of image or images embodied in such microfilm whether enlarged or not; and
d) any other material produced by a computer or any other device;
j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-
i) inspection of work, documents, records;
ii) taking notes, extracts or certified copies of documents or records;
iii) taking certified samples of materials;
iv) obtaining information in the form of diskettes, floppies, tapes, video, cassettes or in any other electronic mode or through prinouts where such information is stored in a computer or in any other device;
k) “State Information commission” means the State Information Commission constituted under subsection (1) of section 15;
l) “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Commissioner and the State Information Commissioner appointed under subsection (3) of section 15;
m) “State Pubic Information Officer” means the State Public Information Officer designated under subsection (1) and includes a State Assistant Public Information Officer designated as such under section (2) of section 5;
n) “Third party” means a person other than the citizen making a request for information and includes a public authority.
Preparation of application
By virtue of the provisions of subsection (1) of section 6 of the Right to Information Act, 2005, a citizen/persons, 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 fee as may be prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005, for the public authority of the state of Manipur; for example, a request for obtaining information under subsection (1) of section 6 shall be accompanied by an application fee of Rs. 10/- (rupees ten) by prescribed under rule 3 of the Manipur Right to Information Regulation of Fee and Cost) Rules, 2005 by way of cash against proper receipt or by demand draft or bankers cheque payable to the Account Officer of the Public Authority, too-
a) the Central Public Information Officer, as the case may be, of the concerned public authority;
b) the Central Assistant Pubic Information Officer 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 Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the persons making the request orally to reduce the same in writing.
By virtue of the provision of subsection (2) of section 6 of the Right to Information Act, 2005, an application 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 for contacting him.
By virtue of the provisions of subsection (3) of section 6 of this Act, where an application is made to a public authority requesting for an information-
i) which is held by another public authority; or
ii) 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, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant about such transfer;
Provided that the transfer of an application pursuant to this subsection shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
By virtue of the provisions of subsection (1) of section 7 of this Act, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request either provide the information on payment of such fee as may be prescribed, for example, in the State of Manipur, under Rule 4 of the Manipur Right to Information (Regulation of Fee and Cost) Rules, 2005 that for providing information under subsection (1) of section 7, the fee shall be charged by way of cash against proper receipt or by demand draft or bankers cheque payable to the Accounts Officer of the Public authority at the following rates:-
a) Rupees two for each page (in A-4 or A-3 size paper) created of copied;
b) actual charge or cost price of a copy in large size paper;
c) actual cost or price for samples or models, and
d) for inspection of records, no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter.
or reject the request for any of the reasons specified in sections 8 and 9; read as follows:-
Exemption from disclosure of Information
Quoth Section-8. (1) Notwithstanding 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;
b) 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;
c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
e) information available to person in his fiduciary relationship, unless the competent authority is satisfied that the large public interest warrants the disclosure of such information;
f) information 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;
h) information which would impede the process of investigation or apprehension or prosecution of offenders;
i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
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 compete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority as the case may be is satisfied that the larger public interest justifies the disclosure of such information;
Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
2) Not with standing anything in the Official secrets Act, 1923 nor any of the exemptions permissible in accordance with subsection (1) a public authority may allow access to information, if public interest in disclosure out weighs the harm to the protected interests
3) Subject to the provision of clauses (a), (c) and (i) of subsection (1) any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under the section;
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
Grounds for rejection to access in certain cases;
Section 9, without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request of the information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State Unquoth.
Preparation of Complaint
By virtue of the provisions of subsection (1) of section 18 of the Right to Information Act, 2005, a complaint may be filed to the Central Information Commission or State Information Commission, as the case may be, by a complainant/person- (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under the Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or Senior Officer who is senior in rank to the Central Public Information Officer or State Public Information Officer, as the case may be, in each public authority (specified in subsection (1) of section 19) or the Central Information Commission or State Information Commission, as the case may be;
a) who has been refused access to any information requested under this Act;
b) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
c) who has been required to pay an amount of fee which he or she considers unreasonable.
d) who believes that he or she has been given incomplete, misleading or false information under this Act; and
f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
Preparation of First Appeal
By virtue of the provisions of subsection (1) of section 19 of the Right to Information Act, 2005, a first appeal may be filed to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer, as the case may be, in each public authority, by an appellant/any person who, does not receive a decision within the time specified in subsection (1) (thirty days or clause (a) of subsection (3) of section 76 to be calculated in a such manner that the period intervening between the despatch of the intimation to the applicant/person from the public authority and payment of fees/costs for providing information by the applicant/person to the public authority shall be excluded for the purpose of calculating the period of 30 days or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, within 30 days from the expiry of such period or from the receipt of such a decision.
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
Preparation of Second Appeal.
By virtue of the provisions of subsection (3) of section 19 of the Right to Information Act, 2005, a Second appeal may be filed to the Central Information Commission or the State Information Commission by an appellant/any person against the decision under subsection (1) of the 1st appellate authority/such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority, within ninety days from the date on which the decision should have been made or was actually received.
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
By virtue of the provisions of subsection (B) of section 19 of the Act, in its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to-
a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including-
i) by providing access to information, if so requested, in a particular form:
ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
iii) by publishing certain information or categories of information;
iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
v) by enhancing the provision of training on the right to information for its officials;
vi) by providing it with an annual report in compliance with clause (b) of subsection (1) of section 4;
b) require the public authority to compensate the complaint for any loss or other detriment suffered;
c) impose any of the penalties provided under this Act;
d) reject the application.
By virtue of the provision of subsection (9) of section 19 of this Act, the Central Information Commission or State Information Commission, as the case may be, shall give notice of the decision, including an right of appeal, to the complainant and the public authority.
By virtue of the provision of subsection (10) of section 19 of this Act, the Central Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
Imposition of Penalties.
By virtue of the provision of subsection (1) of section 20 of this Act, where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under subsection (1) of section 7(thirty days) or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in ay manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty five thousand rupees, which is to be created on the basis of non-furnishing of information in time without reasonable cause by the Central Public Information Officer or the State Public Information Officer, which is to be received by the applicant/appellant in addition to the information furnished as a fine for delivery of unreasonable delay of information to the aggrieved applicant/appellant by the Central Public Information Officer or State Public Information Officer in place of obligation of in time delivery of information to the applicant.
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central public Information Officer or the State Public Information Officer, as the case may be.
By virtue of the provision of subsection (2) of section 20 of this Act, where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and peristently, failed to receive an application for information or has not furnished information within the time specified under subsection (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinery action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rule applicable to him.
This Act to have overriding effect
By virtue of provisions of section 22 of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or any instrument having effect by virtue of any other that this Act.
Exemption from disclosure of Information of
Organisations of Central Government & Govt. of Manipur
By virtue of provisions of subsection (1) of section 24 of this Act.
a) the following are the exempted organisations/public authorities of the Central Government in the Second schedule of the Right to Information Act, 2005:-
Intelligence and Security Organisation established by the Central Government:
1. Intelligence Bureau.
2. Research and Analysis wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Research Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service a Bureau.
16. Special Branch(CID), Andaman and Nicobar.
17. The Crime Branch C.I.D.CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
Provided that the information pertaining to the allegation of corruption and human rights violation shall not be excluded in the exemption of the organisations/public authority;
b) the following are the exempted public authorities/organisations of the Government of Manipur; under the provision of subsection (4) of section 24 of the Right to information Act, 2005 (No. 22 of 2005) with effect from 15-10-2005:-
1) The Manipur Police Department comprising of-
i) Civil Police
ii) Manipur Police wireless,
iii) Manipur Rifles
iv) India Reserve Battalions
v) Intelligence Wings(Special Branch & Crime Branch of CID)
vi) Forensic Science Laboratory.
2) Jail Department, and
3) State Vigilance Commission and its subordinate offices
Provided that the information pertaining to the allegations of corruption and human right violations shall not be excluded in the exemption of the organisations/public authorities of the Government of Manipur.
Repeal: The Freedom of Information Act, 2002.
By virtue of provision of section 31 of this Act, the Freedom of Information Act, 2002 is hereby repealed (No. 5 of 2003).
The Imphal Free Press
