Right to Information Act
Right to Information Act 2005 mandates timely response to citizen requests for government information. An informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.
Objective of the Right to Information Act:
To empower the citizens.
To promote transparency and accountability in the working of the Government. Contain corruption, and make our democracy work for the people in real sense
S. No Name of Authority/Designation Office RTI Designation
1 Shri Pradeep Kumar Dwivedi, IAS District Commissioner First Appellate Authority
RTI petitions that are received from the public seeking information under the RTI Act/05 is either forwarded or transferred U/S 6(3) of the RTI Act/05 to the concerned public authority to do the needful and thereafter the information that is received from the concerned department/branch is dispatched to the public within the stipulated time period.
There are certain time-limits to furnish information as per the Act/05.
30 days from the date of application in accordance with the Sec 7(1)
48 hours for information concerning the life and liberty of a person.
5 days to be added to the above time, if the application for information is given to APIO or PIO of different public authority.
40 days-if the interest of third party is involved.
First Appeal is the statutory remedy available to the RTI applicant. Any citizen dissatisfied with the information furnished by the SPIO or has not furnished information within the stipulated period of time can file a first appeal within 60 days from the date of receipt of the RTI application, addressed to the District Commissioner, Kokrajhar. As the First Appellate Authority there is no prescribed format as such to file a first appeal under the RTI Act/05.
Second Appeal is the highest Appeal under the RTI Act, 2005. Any person who does not receive a decision on first appeal within the specified time limit or dissatisfied with the information furnished by the 1st Appellate Authority can file a 2nd appeal within 90 days from the date on which the decision should have been made or was actually received. Such second appeals are filed and entertained in the State Information Commission located at Panjabari, Guwahati-06, Assam.
Information exempted under the RTI Act/05:- The right to information is not absolute. There is a certain exemption of information that falls under Section 8 and 9 of the RTI Act/05. In other words, disclosure of information as sought by a citizen that may affect-
National Security or Sovereignty
National Economic interests Relations with Foreign States
Individual safety
Personal Privacy
Cabinet and other decision- making documents.
Important Note:- The documentation charge @ Rs 2 per sheet is asked from the petitioner through an intimation letter, if the information sought for by the citizen is bulky or consisting many number of pages.
Eligibility Criteria:- An RTI application can be filed by any citizen of India.
Forms to be filled if any:-
FORM – “A”
FORM OF APPLICATION FOR SEEKING INFORMATION (See Rule – 3) UNDER R.T.I. ACT, 2005
Guidelines for filling up the form:-
The applicant should duly fill up the form stating the details of the information as sought for by the applicant.
The signature of the petitioner, full address of the petitioner along with the date to be distinctly filled up in the form as given.
A requisite fee of Rs 10 has to be submitted along with the application form for every citizen of India except those that falls under the BPL category.
A person falling in a BPL category has to submit his proof of the identity of the card at the time of filling up the form.
Fees (In Rs):- The RTI Act envisages that the following are the fees prescribed for applications addressed to the SPIO-O/O the Deputy Commissioner, Kokrajhar.
Application Fees- Rs10 per application by way of cash against proper receipt, by demand draft or banker’s cheque or Indian Postal Order.
Documentation charge:-Rs 2 per copy (A-4 or A-3) size paper, taken at the time of furnishing information to the petitioner subject to the condition that the information is provided to the petitioner within the stipulated time-period.
Information provided in diskette or floppy: - Rs 50/-(Rupees fifty only) per diskette or floppy subject to the condition that the information is provided to the petitioner within the stipulated time-period.
For Information provided in printed form :-It is charged at the price fixed for such publication or Rupees two per page of photocopy for extracts from the publication.
For Inspection of records :- No fees is charged for inspection of records for the first hour, but thereafter a fee of Rs 5 for each fifteen minutes shall be charged from the applicant.
No fees shall be charged from the persons who are of below poverty line (BPL) as determined by the Government under the RTI Act/05. However, he should submit a proof in support of his claim to belong to the BPL.
Supporting documents required:-
A nominal Fee of Rs 10 has to be attached with the RTI petition.
BPL proof of his claim has to be enclosed along with the form.
Any specific document that has connection with the RTI petition has to be attached with the form.
In the case of the First Appeal, the petitioner's original RTI petition along with the information received from the SPIO if any, has to be enclosed with the application form.
Important timelines:-
When to submit the application: - Between 9.30am to 5.00pm (working day)
Time for processing (approximate):- 30days
