Right to Information Act, 2005 and rules made thereunder by the Himachal Pradesh Government

Right To Information act, 2005 and rules made there under by the Himachal Pradesh Government.

Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days.

The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The first application was given to a Pune police station. Information disclosure in India was restricted by the Official secrets act 1923 and various other special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens.

RTI in Himachal Pradesh

Accessibility to Information

Almost all the Public Authorities at the district level have appointed PIOs which shows the good compliance of the basic requirements of the RTI regime in the State but a list/directory of PIOs has not been prepared. The non-availability of this list and non-existence of a notice board informing the citizens about the PIOs in Public Authorities makes it difficult for the citizens to apply for information. Thus, only literate citizens are able to apply for information which is substantiated by all the respondents of the civil Society in Kangra district. They say that the Act has been used mostly by the middle class in the district. The Department of Administrative Reforms, the nodal agency for the implementation of the RTI Act in the State, is still in the process of preparing a directory containing the list of the designated PIOs/APIOs of different Public Authorities in the district.

Response of the State Information Commission

With respect to the experience of the citizens in filing second appeals to the State Information Commission, one respondent felt that the SIC was cooperative and directed the PIO to provide the information as requested. Another respondent said that the SIC was not cooperative and did not admit the appeal. However, the table on the role of the SIC shows that the Commission has dealt with 20 out of 26 appeals filed, and 35 complaints out of the 44 complaints filed; it means that the rate of disposal of the appeals by the SIC and complaints is quite satisfactory in the State which creates a good impression on the efficiency of the Commission. It is important to note that the Commission has not found any PIO guilty of malafide denial of information for 70 appeals and complaints which it has dealt with.

Following are some issues arises from the implementation of effective right to information act in himachal Pradesh:

Lack of adequate publicity by the State Government for the people about the provisions of the Act led to the filing of a few applications for information under the Act, so the State Government should take initiatives for mass sensitisation of the citizens in the State.
There was also lack of information about the Act amongst the PIOs and Appellate Authorities under the Act, which led to delay in some cases in furnishing the information to the applicants. In view of the large number of PIOs and APIOs and Appellate Authorities, the training facilities available at HIPA may not be adequate to train all those officers before the end of the financial year 2006-2007. Hence, it is necessary that other training institutions in the State are also involved in conducting training programmes covering the Act and rules for these functionaries.
Further, in order to increase general awareness about various provisions of the Act and the rules there under, one training session can be devoted towards the Act, and the rules in all the training programmes, especially those meant for the elected representatives of Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) being conducted by various training institutions in the State. This step is expected to spread awareness about the RTI Act 2005, and the rules there under amongst the general public in the State through the elected representatives of PRIs and ULBs.
In the absence of adequate financial support, these training institutions including HIPA (Himachal Institute of Public Administration) would find it difficult to conduct such training programmes. Hence, the State Government. should provide funds to HIPA and other training institutions to impart necessary training to the PIOs/APIOs and the Appellate Authorities within a specified time frame so that these functionaries are properly equipped to process the applications received under the RTI Act, 2005, within the period prescribed under the Act.
The Government should therefore, take necessary steps to ensure the completion of the updated voluntary disclosure of its work during the current year, It may also be ensured that every public authority in the State has designated adequate number of PIOs/ APIOs and Appellate Authorities (AAs) as per the Act’s provisions. The Public Authorities must also ensure, that its field offices have complete details of the designated PIOs/ APIOs/ Appellate Authorities. The departments/Public Authorities having larger public interface, should ensure that these details in respect of a district are available on a notice board at its district level office.
Regarding the mode of payment of application fees, the Commission recommended that payment of fees may also be done in cash or at least through Indian Postal Orders in addition to, other modes already in force.

The Right to Information Act, 2005 (RTI Act) is an Indian law that gives citizens the right to access information held by the government. The Act was passed by the Parliament of India on 15 June 2005 and came into force on 12 October 2005. The RTI Act is one of the most important pieces of legislation in India, as it gives citizens the power to hold the government accountable.

The RTI Act defines information as “any material in any form, including records, documents, memos, e-mails, opinions, minutes, circulars, orders, instructions, reports, papers, diaries, surveys, statistics, files, audio records, video records, microfilms, photographs, maps, plans, sketches and charts.”

Any citizen of India can apply for information under the RTI Act. The application can be made in writing or in person. The application must be accompanied by a fee of Rs. 10.

The application must be made to the Public Information Officer (PIO) of the concerned government department or agency. The PIO is the person who is responsible for providing information under the RTI Act.

The PIO must provide the information to the applicant within 30 days of the receipt of the application. If the PIO fails to provide the information within the stipulated time, the applicant can file an appeal with the State Information Commission (SIC).

The SIC is an independent body that is responsible for hearing appeals under the RTI Act. The SIC has the power to order the PIO to provide the information to the applicant.

The RTI Act has been a major success in India. It has helped to improve Transparency and Accountability in the government. The Act has also helped to empower citizens and make them more aware of their rights.

The RTI Act has been hailed as a landmark legislation that has ushered in a new era of transparency and accountability in India. The Act has been instrumental in exposing Corruption and wrongdoing in the government. It has also helped to improve the delivery of public Services.

The RTI Act has been a major force for good in India. It has helped to make the government more responsive to the needs of the people. It has also helped to build a more informed and empowered citizenry.

The RTI Act is a powerful tool that can be used to hold the government accountable. It is important for citizens to be aware of their rights under the Act and to use it to demand transparency and accountability from the government.

Here are some of the key provisions of the RTI Act:

Every citizen has the right to information under this Act subject to the provisions of this Act.
The information shall be provided to the person making the request within 30 days of the receipt of the request.
The Central Government or State Government may, by rules, provide for the time limit within which the information shall be provided in respect of information which cannot be provided within 30 days.
The Central Government or State Government may, by rules, provide for the form in which the request for information shall be made.
The Central Government or State Government may, by rules, provide for the fee payable for the information sought.
The Central Government or State Government may, by rules, provide for the manner in which the information shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the appeal shall be made.
The Central Government or State Government may, by rules, provide for the manner in which the penalty shall be imposed.
The Central Government or State Government may, by rules, provide for the manner in which the protection of action taken in good faith shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the bar of jurisdiction shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the repeal and saving shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the power to make rules shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the power to remove difficulties shall be provided.
The Central Government or State Government may, by rules, provide for the manner in which the commencement shall be provided.

What is the Right to Information Act?

The Right to Information Act, 2005 is an Act of the Parliament of India to provide for setting out the 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 the Government.

What are the objectives of the Right to Information Act?

The objectives of the Right to Information Act are to promote transparency and accountability in the working of the Government, to make the Government more responsive to the needs of the people, and to provide a mechanism for citizens to access information about the Government.

Who is covered by the Right to Information Act?

The Right to Information Act applies to all public authorities, which include Central Government, State Governments, local bodies, Statutory Bodies, and Government companies.

What information is covered by the Right to Information Act?

The Right to Information Act covers all information held by public authorities, except for information that is exempted under the Act. The exemptions are limited and are intended to protect national security, personal privacy, and trade secrets.

How can I get information under the Right to Information Act?

You can get information under the Right to Information Act by making a request to the public authority that holds the information. The request must be in writing and must specify the information that you are seeking. The public authority must respond to your request within 30 days.

What if the public authority does not respond to my request?

If the public authority does not respond to your request within 30 days, you can file a complaint with the Central Information Commission or the State Information Commission. The Commission will investigate your complaint and order the public authority to provide you with the information.

What are the penalties for non-compliance with the Right to Information Act?

Public authorities that do not comply with the Right to Information Act can be penalized with a fine of up to Rs. 25,000. The penalty can be imposed by the Central Information Commission or the State Information Commission.

What are the benefits of the Right to Information Act?

The Right to Information Act has several benefits. It has made the Government more transparent and accountable. It has also empowered citizens to access information about the Government and to hold the Government accountable. The Act has also helped to improve the quality of governance in India.

The Right to Information Act, 2005 (RTI Act) gives citizens the right to access information held by public authorities. The Act was passed by the Indian Parliament on 15 June 2005 and came into force on 12 October 2005.
The RTI Act applies to all public authorities, including the Central Government, State Governments, local bodies, and statutory bodies.
Under the RTI Act, any citizen of India can request information from a public authority. The request must be made in writing and should be accompanied by a fee of Rs. 10.
The public authority has to respond to the request within 30 days. If the request is denied, the public authority has to give reasons for the denial.
The RTI Act has been a major tool for transparency and accountability in the Indian government. It has helped to expose corruption and inefficiency in the government.
The RTI Act has also helped to empower citizens and make them more aware of their rights.
The RTI Act has been hailed as a landmark legislation and has been praised by many international organizations.
The RTI Act has also been criticized by some people who argue that it is being misused. They argue that the Act is being used to harass public officials and that it is not being used in the spirit in which it was passed.
Despite the criticism, the RTI Act remains a powerful tool for transparency and accountability in the Indian government.
The RTI Act has made a significant contribution to Good Governance in India. It has helped to improve the Quality Of Life of citizens and has made the government more responsive to the needs of the people.

Here are some MCQs on the Right to Information Act, 2005:

Which of the following is not a public authority under the Right to Information Act, 2005?
(A) The Central Government
(B) The State Government
(C) A local body
(D) A private company
What is the maximum fee that can be charged for a request under the Right to Information Act, 2005?
(A) Rs. 10
(B) Rs. 20
(C) Rs. 50
(D) Rs. 100
How long does a public authority have to respond to a request under the Right to Information Act, 2005?
(A) 15 days
(B) 30 days
(C) 45 days
(D) 60 days
Which of the following is not a ground for denying a request under the Right to Information Act, 2005?
(A) The information is exempted under the Official Secrets Act, 1923
(B) The information is personal and confidential
(C) The information is commercially sensitive
(D) The information is likely to endanger the life or physical safety of any person
Which of the following is not a right of a person making a request under the Right to Information Act, 2005?
(A) The right to inspect the information
(B) The right to take notes
(C) The right to take extracts
(D) The right to get a copy of the information
Which of the following is not a penalty for a public authority that fails to comply with the Right to Information Act, 2005?
(A) A fine of up to Rs. 25,000
(B) Imprisonment for up to three years
(C) Both (A) and (B)
(D) Neither (A) nor (B)
Which of the following is not a remedy available to a person who is aggrieved by a decision of a public authority under the Right to Information Act, 2005?
(A) Filing an appeal with the Central Information Commission
(B) Filing a Writ Petition in the High Court
(C) Filing a complaint with the Lokayukta-2/”>Lokayukta
(D) All of the above
Which of the following is not a function of the Central Information Commission?
(A) To receive and inquire into complaints
(B) To provide directions to public authorities
(C) To impose penalties on public authorities
(D) To adjudicate appeals
Which of the following is not a function of the State Information Commission?
(A) To receive and inquire into complaints
(B) To provide directions to public authorities
(C) To impose penalties on public authorities
(D) To adjudicate appeals
Which of the following is not a ground for appeal to the Central