Monday, December 24, 2018
'The Right to Information Act\r'
'The salutary to In doion mo, 2005 is a landmark regulation in the history of independent India. in the beginning the passing of this diachronic exemplify, there was Ã¢â¬Å"The license of information Act, 2002Ã¢â¬Â But to ensure creaseless and greater access to development and to slay it more progressive, participatory, and meaningful certain eventful changes was felt necessary. The political sympathies examined the suggestions made by the National Advisory Council and others and decided to get under ones skin a number of changes in the verbalise law.\r\nThe Government in view of the portentous changes proposed in the existing Act, decided to strike down the Freedom of Information Act, 2002. As a result, Ã¢â¬Å"The Right to Information Bill, 2005Ã¢â¬Â, passed by Lok Sabha on 11th May, 2005 and by Rajya Sabha on fifteenth June, 2005 and drived the assent of the President on 15th June,2005. The Right to Information Act, 2005 contains VI Chapters and 31 Sections.\r\ nSome of the grave Sections of the RTI Act give nonice be verbalise as follows—- Under the provisions of the RTI Act, 2005, all(prenominal) citizen evoke seek reading in create verbally in the form of an covering or by e-mail and should be turn to to the Public Information Officer (PIO) or subordinate PIO of the relate office/ ordinary representation either in English Hindi or in the positive language of the ara.\r\nEven if one submits an application for an reading to a PIO whose public ascendence is not in possession of instruction, has to cause the information and forward-moving the same to the concerned public authority about much(prenominal) transfer [section 6(3)] In such typesetters cases, the arcminute public authority becomes responsible for providing the appli stooget with the information that is put acrossed within positive eon limit [section 5(5)] Reason for securing information is not undeni subject to be demesned in the application.\r\ nNormally the PIO is to give the information within 30 days. However in case of life and liberty, the PIO is bound to provide information within 48 hours. If the postulate information is part of a proactive disclosure of section 4 (I) (b), because it should be provided instantly by the PIO without any application fee, except the printing embody of the information. No order format is necessary to apply under RTI Act,2005.\r\nAn application on a plain paper comprising ripe postal address of the appli rouset, PIO or Assistant PIOÃ¢â¬â¢s address, details of information required with a statement that the information is want under RTI Act 2005, are the basic requirements. Application fee of Rs. 10 (in case of Government of Assam office/organization) is required in case of a Government of Indian office/organization. If the applicant does not come up the information or is not contented with the information received from the PIO, he/she can file an charm with the for the first time appellant authority (FAA) under section 19 (I).\r\nThere is no prescribed format for an appeal. Moreover, neither Govt. of India nor Govt. of Assam prescribed any fees for the first appeal till now. The Act prescribed maximum 45 days time for the disposal of first appeal by the FAA. If an applicant does not receive information within 45 days, then he/she can take the matter forward to the second appeal stage. The RTI Act, 2005 is a historic legislation and no such well-knit provision has been made in any Act or code in India till date.\r\nThe right to information covers inspections of works, document, magnetic disc and its certified copy and information in the form of diskettes, floppies, video cassettes in electronic form, taped or stored information in computers etc. Though certain information are prohibited, every public authority is under obligations to provide information on written request or request by electronic means with payment of fee. The Act vehemently provides for restrictions for third troupe information.\r\nIt has been stated earlier that there is the appellate provision in the Act. As such, the appeal against the decision of central information officeholder and state information officer can be made to a ranking(prenominal) officer in rank. The penalty for refusal to receive an application for information or for not providing information is Rs. 250 per day, but the total numerate of penalty should not exceed Rs. 25000 The commutation Information Commission is to be established by the Central Govt. and State Information Commission by the respective state governments.\r\nIn spite of having the various important and powerful provisions the state Governments are not ready to give the RTI Act, 2005, in letter and spirit. The case is pertinent in Assam too, which so far has seen the government adopt its feet when it comes to implementing the various provisions under the Act. therefore Assam is among those states where the State Inform ation Commission has been ineffectual to perform to the desired extent, or but failed to bring in probity and enhancer in matters of public finance.\r\nWhen state Government will come forward to implement the provisions of RTI Act then and the true objectives of the Act will be fulfilled. The Act will be able to curb corruption and misuse of taxpayerÃ¢â¬â¢s money will be stopped, and can be utilized for the sake of green good and welfare of the state. The posts of Information Commissioner should be filled up by strung-out and impartial persons. Free legal preparation should be provided to the people, to be more assured about the legal benefit of the Act and help to access the information and hold their rights in true spirit.\r\n'