Faqs on RTI

(d) Knowingly giving incomplete, incorrect, misleading information.

(e) Destroying information that has been requested.

(f) Obstructing furnishing of information in any manner.

(g) The Information Commission (IC) at the Centre and the State levels will have the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. (S.20)

Q-12. Who has the power to deal with the difficulties while implementing RTI Act?

Ans. If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)

Q-13. Who has the Rule making power with regard to RTI?

Ans. Central Government, State Governments and the Competent Authority as defined in S.2 (e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)

Q-14. As per RTI Rules, 2005 (with amendments) framed by State Govt., is it possible to pay by Money Order or Bank Draft where cash is required?

Ans. Money Order, Indian Postal Orders, Account Payee or Bank Draft is as good as cash. So to pay for the application fee (as applicable) and/or cost of obtaining information, one can pay cash (by himself or through a messenger) or by Money Order or Indian Postal Orders or Account Payee or Bank Draft, where cash deposit is necessary. Cheque will not be acceptable.

Q-15. Is it possible for somebody to ask for a copy of his/her ACR/CCR from the Public Authority?

Ans. Yes, it is possible to get copy of ones own ACR/CCR by using form ‘A’ under RTI Act, 2005 and the RTI Rules, 2005 framed thereunder.

Q-16. Is it possible to know the marks awarded to the candidates in both written examination and interview and also the recommendation of the Selection Committee?

Ans. Yes, one is entitled to get this information under RTI Act, 2005 and Rules framed thereunder.

Q-17. Is it possible to get information without using form ‘A’?

Ans. No, in that case time limit and penal provisions etc cannot be invoked since that becomes an ordinary application or grievance / allegation petition.

Q-18. When did Right to Information Act come into force?

Ans. It came into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4 (1)], designation of Public Information Officers and Assistant Public Information Officers [S.5 (1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).

Q-19. Which area of India is covered under RTI Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

Q-20. Which Dept, Agencies etc is excluded under RTI?

Ans. Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded.

(The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]

Q-21. Who are 'Third Parties' with reference to RTI?

Ans. A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. [S.2 (n) and S.11]

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