Chapter (I) -
Preliminary |
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Preliminary
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Manual is prepared for general guidelines for the effective administration of
the Right to Information Act-2005.
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The provisions of the right to information Act 2005 have been adopted by NCW.
While dealing with supply of the information, all provisions of the right to
information Act 2005 shall apply.
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Officers nominated for providing information held by NCW :
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Shri Yogesh Mehta, Law Officer has been nominated as Public Information Officer
of NCW.
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Smt. Kusum Mishra, Deputy Secretary, has been nominated as Appellate Authority
of NCW.
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Second appeal against the decision of the Appellate Authority may be referred
to Central Information Commission in accordance with the provision of the right
to information Act 2005.
Note: - Member Secretary, National Commission for Women is competent to
change the nomination of P.I.O. and Appellate Authority.
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DEFINITIONS
In this
manual unless the context otherwise requires:-
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"Appropriate Govt." means in relation to NCW, Central Government.
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"Central information Commission" means the Central Information Commission
constituted under sub section (1) of section-12.
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"Central Public Information officer" means the Central Public Information
Officer designated under sub section (1) of section 5 and includes a Central
Assistant Public Information Officer designated as such under sub section (2)
of section-5.
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Chief information Commissioner" and Information Commissioner mean the Chief
Information Commissioner and Information Commissioner appointed under sub
section (3) of section-12.
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" Information"- means any material in any form; including records; documents;
memos, e-mails, opinions, advices, press releases, Circulars, orders, 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.
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"Record" includes -
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any document, manuscript and file,
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any microfilm, microfiche, and facsimile copy of document,
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any reproduction of image or images embodies in such microfilm (whether
enlarged or not) and
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any other material produced by a computer or any other device.
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"Public Authority" means National Commission for Women.
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"Right to information" means the right to information accessible under the
Right to Information Act, 2005, which is held by or under the control of NCW
and includes the right to:-
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Inspection of work, documents, records,
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Taking notes, extracts, or certified copies of documents or records.
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Taking certified samples of material.
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Obtaining Information in the form of diskettes floppies, tapes, video cassettes
or in any other electronic mode or through printouts, where such information is
stored in a computer or in any other device.
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"Third party" means a person other than the citizen making a request for
information from NCW and includes a public authority.
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"Act" mean "the Right to information Act-2005.
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Chapter II - Right
to Information and Obligations of NCW |
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Subject to the provisions of this Act, all citizens shall have the Right to
Information.
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Obligation of the Commission-
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The Authority shall maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information under the Act
and to ensure that all records that are appropriate to be computerized are,
within a reasonable time and subject to availability of resources, computerized
and connected through a network all over the country on different systems so
that access to such records is facilitated.
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Shall ensure that the following information are made available and
published.
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The Particulars in respect of the organization; functions and duties
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the powers and duties of its officers and employees
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Procedure, followed in the decision making process including channel of
supervision and accountability.
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Maintain the Norms set by NCW for the discharge of the functions and duties of
officials.
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Regulations, instructions, records, manuals, decision & policies with
effect for discharging the functions of respective cells/ departments.
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Maintain Statements of the categories of documents that are held by it and
which are necessary to be maintained for processing.
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Maintain the details of any arrangement that exists for consultation with, or
representation by, the members of the Public in relation to the formulation of
its policy or implementation thereof.
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The statements of Board/ decision of the Councils,/ committees and other bodies
consisting of two or more than two persons constituted by the Commission for
the purpose of its advice and as to whether the minutes of such meetings are
accessible for public.
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Maintain the minutes of decisions of the Commission and of such meeting which
are accessible for public.
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Maintain a directory of its officers and employees.
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Accounts Cell/Section shall maintain the monthly remuneration received by each
of its officers and employees including the system for compensation as provided
in its regulation.
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Account cell/sections shall also maintain the budget's record and the budget
allocated to each and every cell of the Commission indicating the particulars
of all plans.
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Account cell/section shall also maintain record of the proposed expenditure and
reports on disbursements made and to be made.
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All cells shall maintain details in respect of the information available with
them and details of facilities available to citizens for obtaining
information.
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The Information related to facilities of citizen will be released through
Public Relations Office by issuing Public Notice by publishing in electronic
and print media.
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The Commission shall maintain the manner of execution of schemes and programmes
of schemes indicating the particulars /amount allocated and details of the
beneficiary.
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Maintain such other information as may be prescribed and required and
thereafter update the information every year.
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Publish all relevant facts while formulating important policies or decisions
which affect Public through various means of communications including print
media and internet, so that the public have minimum resort to the use of this
Act to obtain information.
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Every information should be disseminated widely in such form and the manner
which is easily accessible to the public.
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Provide reasons for its administrative or quasi judicial decisions to affected
persons.
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All material shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication in
that local area and the information should be easily accessible to the extent
possible in electronic format.
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The PIO may seek the assistance of any other officer as he/she considers it
necessary for the proper discharge of his/her duties under section 5(4).
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Any officer whose assistance has been sought shall render all assistance to the
PIO, seeking his/her assistance for the purposes of any contravention of the
Act, such officer shall be treated as PIO under section 5(5) of the RTI Act
2005
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Chapter III -
PROCEDURE |
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The following procedure has to be adopted to provide information -
Eligibility:-
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Any Citizen of India can secure access to information from the National
Commission for Women.
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A person who desires to obtain any information under the Right to Information
Act 2005 shall make a request in writing in Hindi or English accompanying Rs.
10 fee with each request under section 6(1).
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The applicant can send the application by post or through the electronic means
or can deliver it personally in the office of the public authority
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P.I.O. shall render all reasonable assistance to the person making the request
orally to reduce the same in writing.
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The required fee shall be sent/deposited by cash against proper receipt or
through Bank draft/bankers cheque or Postal Order payable to P.A.O. NCW.
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The following fee has been prescribed for obtaining information :-
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Aplication Fee Rs.10/- per application.
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Copy of Pages Rs.2/- per page in A-4 or A-3.
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Actual cost or Charges for a copy in large size paper
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Sample or Model Actual Cost.
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For Inspection of record, First hour no fee, Rs.5/- for each subsequent hour
(or fraction thereof).
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Floppy/Diskette Rs.50/-per floppy/Diskette.
Note- No fee from below poverty line applicants shall be
realized.
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On receipt of the requests on prescribed form or on plain paper; P.I.O. shall
issue acknowledgement to the applicant and forward the request to concerned
section for obtaining information as early as possible.
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The P.I.O. shall ensure delivery of the requests to the concerned section 48
Hours from the receipt of requests.
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Taking notes, extracts or certified copies of documents or records is allowed.
Taking certified sample of material is also allowed. A written request from the
applicant shall be collected by P.I.O. for this purpose.
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The applicant can obtain information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through printouts where the
information is stored; in the computer device against the actual cost of the
device.
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P.I.O. shall ensure that the complete information is provided to the applicant
within 30 days. In the case of third party -40 days time period is allowed to
provide information.
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It shall be duty of Public Relation Officer to provide as much information suo
moto to the public through press releases and website in order to reduce the
number of applications.
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All the sections shall maintain their records and documents in such form and
manner which is easily accessible to the public. They shall make the
information known to the public through notice board and news papers and
electronic medias/website of the Commission.
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Any officer/official of any Department, whose assistance is required for this
purpose, shall render all Assistance to Public Information Office in terms of
the provisions of the Right to Information Act 2005.
Note:- All the sections incharge are advised to provide complete
information in accordance with the information asked for by the applicant.
Incomplete or misleading information must be avoided to reduce the number of
appeals under the Information Act 2005
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Chapter IV -
Disposal of request |
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Disposal of request
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The Citizen can file an application for getting information along with fee to
the P.I.O. shall ensure, that request is delivered to concerned office, as
early as possible.
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Where further fee is required say for photo copying; The P.I.O. shall intimate
to the applicant in writing giving details of amount to be deposited for
providing information. The Citizens can seek inspection of works, documents,
and records, take extracts or certified copies of documents or sample of
material.
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On receipt of request in concerned department it shall be the duty of the
Official In charge of the Section/Divisional Head of that department that the
request is properly examined by nominated official and entered in the register.
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In case the inspection of document has been asked for, it shall be the duty of
the official /person in charge of the section that the document or record or
file is sent to P.I.O. with the information within 7 days so that P.I.O. may
intimate applicant to inspect the record or documents under single window
system.
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P.I.O. shall intimate the applicant to come and inspect the document available
in his office within a week.
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The applicants shall be provided the information free of charge if the
Commission fails to provide information within 30 days. If the interest of
third party is involved then the time limit is 40 days.
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The information is to be supplied in a time bound manner, failing which the
applicant can file an appeal before the appellate Authority. In case
information is supplied after 30 days, no further fee will be collected.
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In case of third party information, the P.I.O. shall issue notice to third
party and give him opportunity of hearing if required and 10 days time to
represent (if required). The P.I.O. shall take into consideration the
representation while taking decision on the request on merits.
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In case, where, the request is rejected or refused by the P.I.O.; the
particulars of the Appellate Authority to whom appeal can be referred, shall be
mentioned with time limit of the appeal.
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Chapter V -
Exemptions |
The following information can be refused to provide to the applicant:-
EXEMPTION FROM
DISCLOSURE OF INFORMATION
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As per provision of Section-8 of the Act, the following type of information
shall not be obligatory to be given:-
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Information, disclosure of which would prejudicially affect the sovereignty and
integrity of India, the security, strategic, scientific or economic interests
of the State, relations with foreign state or lead to incitement of an
offence;
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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;
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Information, the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature;
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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;
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Information available to a person in his fiduciary relationship, unless the
Competent Authority
is satisfied that the larger public interest warrants the disclosure of such
information;
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Information received in confidence from foreign Government;
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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;
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Information which would impede the process of investigation or apprehension or
prosecution of offenders;
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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 complete, or over; Provided further that those matters which
come under the exemptions specified in this section shall not be disclosed;
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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 can not be denied to the Parliament or a state legislature shall not be
denied to any person.
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Information which can not be denied to the Parliament or a state legislature
shall not be denied to any person.
Note:- Without prejudice to the provisions of Section 8 of the Act, the Central
Public Information Officer or a State Public Information Officer, as the case
may be, may reject a request for information where such a request for providing
access would involve an infringement of copyright subsisting in a person other
than the State. Where a request for access to information is rejected on the
ground that it is in relation to information which is exempted from disclosure,
then, notwithstanding anything contained in this Act, access may be provided to
that part of record which does not contain any information which is exempted
from disclosure under this Act and which can reasonably be severed from any
part that contains exempt information.
In case of third party information marked confidential/secret by the third
party, information shall not be disclosed without giving opportunity of hearing
to third party regarding whether the information should be disclosed. Provided
that except in the case of trade or Commercial secrets protected by law
disclosure may be allowed if the public interest in disclosure out weights in
importance any possible harm or injury to the interest of such third party.
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Chapter VI - Duties
and responsibilities of P.I.O. |
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A. Duties and responsibilities of P.I.O.
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To receive application on behalf of NCW and acknowledge them with date on such
requests.
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To assign number of request under R.T.I Act and to enter it in a register with
number.
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To scrutinize Applications and find out concerned section to whom request is to
be forwarded.
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To forward application to the concerned department within 48 hours.
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To receive appeals on behalf of appellate authorities for onward submission to
Appellate Authority.
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To receive reply/information from concerned cell/section/Department.
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To compile the information with the request.
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To certify the information while providing it to the applicant.
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To ensure realization of requisite fee in each and every case.
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To ensure delivery of information to the applicants.
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To scrutinize the information sought for by the applicants.
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To examine whether any exemption is applicable under section 8 or 9 or 24 of
the Act.
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If covered under any exemption to issue rejection/refusal order with cogent
reasons.
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To examine if it pertains to life or liberty or any urgency.
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To examine if any further fee is required and issue instructions to realize
fee.
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To Issue intimation for deposit of further fee with justification and his right
to review of decision.
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To seek services of other officers who are posted in other departments and are
acquainted with the information for ensuring the delivery of complete reply to
the applicant.
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To ensure disposal of the requests within prescribed time period.
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To find out if third party is involved if so to issue notice to third party and
to obtain representation from third party (if required).
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To give opportunity of hearing and to make representation orally or in writing
to third party.
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To intimate him about his entitlement to make appeal to the appellate Authority
within specified period.
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To prepare weekly statements and to apprise off the situation to Member
Secretary NCW
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To maintain all RTI records, receipts of RTI, disposal and submit an annual
statement
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Chapter VII -
Provisions to file appeal |
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The Act provides for two tier system for appeals.
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Smt. Kusum Mishra, Deputy Secretary has been designated/
nominated as Appellate Authority of National Commission for Women.
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Any person who does not receive information within 30 days in normal course
and within 40 days in the case of third party information or who is not
satisfied with the information provided; may prefer first appeal of incomplete
information. (as the case may be)
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An applicant may prefer an appeal to the Appellate authority who is an
officer senior in rank to the P.I.O.
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An appeal may be filed within a period of 30 days from the date on which the
limit of 30 days of supply of information is expired or from the date on which
the information or decision of the P.I.O. is received. The appellate Authority
may condone delay if sufficient cause is shown by the applicant.
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The appellate Authority shall dispose appeals within 30 days from the
submission of appeal.
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A second appeal against the decision of Appellate Authority can be referred
to the Central Information Commission in case any person is not satisfied with
the decision of the Appellate Authority.
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For filing second appeal 90 days time limit is prescribed limit.
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The Commission may Condon the delay if sufficient cause is shown.
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Third party appeal against decision of P.I.O. may be filed within 30 days
before first appellate Authority and within 90 days of the decision of first
appeal before U.P. State Commission.
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The Central Information Commission has been given enormous powers to attend
to complaints and appeals etc. They have been given power of summoning and
enforcing attendance of persons; compelling them to give oral or written
evidence on oath to produce documents or things etc (if required).
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Chapter VIII
- Guidelines for applicant for filling application |
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Guidelines for applicant for filling application under the Right to
Information Act 2005
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Identify the nature of information required.
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Identify the period for which the information is required.
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Submit an application either in English or in Hindi.
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Make the application to Public Information Officer (P.I.O.)
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Pay the prescribed fee Rs.10/- per request.
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Pay further fee where required for obtaining photo copy or sample etc.
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Await Reply for 30 days.
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If the information pertain to third party; third party can be given opportunity
to represent his case. In those cases the applicant has to wait for 40 days to
get reply/information.
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If no reply is received within 30 days or applicant is not satisfied with the
reply received then provision of filling first appeal before Appellate
Authority.
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The appellant has to wait for 30 days to obtain decision on the appeal.
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If the appellant is not satisfied with the decision of the appellate Authority,
provision of second appeal against the decision of appellate authority within
90 days to Central Information Commission is available.
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Chapter IX -
ACTIVITY CHART FOR PUBLIC INFORMATION OFFICER |
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ACTIVITY CHART FOR PUBLIC INFORMATION OFFICER
S.NO.
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Activity
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Section
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Time frame
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1
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Receive application, acknowledge it and put a stamp on the same.
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6(1)
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24 hours
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2
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Assign a number to received applications.
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48 hours
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3
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Scrutinize the received application.
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72 hours
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4
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Transfer the application or part thereof to other public authority. If it does
not pertain to him.
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6(3) Provision
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5 days
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5
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Examine whether any exemption is applicable under section 8 ,9or 24.
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8,9,24
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5days
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6
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If covered under any exemption issue rejection order with cogent reason.
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7(8)
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10 days
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7
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Examine if it pertains to life or liberty.
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7(1) Provision
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48 hours
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8
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If yes collect information and dispose of.
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7(1) Provision
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48 hours
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9
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Examine if any further fee is required.
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7(3) (a)
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15days
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10
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Issue intimation for deposit of further fee with justification and his right to
review of decision.
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7 (3) (a) (b)
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15 days
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11
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Seek services of other officers who will be deemed Central/State Public
Information Officer.
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5(4)
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15 days
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12
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If not covered under exemption proceed further or collect information to
adjudicate and dispose of application.
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7 (1)
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30 days
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13
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Find out if third party is involved if so issue notice to third party
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11 (1)
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Within 5 days
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14
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Give opportunity to make representation orally or in writing to third party.
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11 (2)
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Within 10 days (5+10) 15 days
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15
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Dispose of request in the case of third party
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11
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40 days
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16
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Intimate him about his entitlement to appeal
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11(4)
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Chapter X -
Provision of Penality |
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The Information Commission
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The Information Commissions has been given enormous power to complaints and
appeals. They have been given power of summoning and enforcing attendance and
compel concerned person; to give oral and written evidence on oath and to
produce documents
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The Information Commission can impose penalty @ Rs. 250/- per day subject to
maximum of Rs. 25,000/- Burden of proving that the denial of information was
justified; lies with the concerned officer who fails to provide information.
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In the event of persistent default the Information Commission may Issue
directions for disciplinary action against defaulter for persistent default;
however opportunity would be given to hear the defaulter. Burden of proof lies
with the defaulter officer.
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The Information Commission are empowered to give Compensation.
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The Information Commission can intervene for not accepting an application,
delay in release of information without reasonable cause or malafidely denying
information or knowingly giving incorrect/ incomplete information; misleading
information, destroying information and obstructing furnishing of information
in any manner.
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Chapter XI -
Reports for CIC |
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The Central Information Commission, after the end of each year is required to
prepare a report on the implementation of the provisions of the Act during that
year. Each Ministry/department is required, in relation to the public
authorities within its jurisdiction to collect and provide information to the
Central Information for preparation of the report. The report of the
Commission, inter-alia contains following information in respect of the year to
which the report relates----
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The number of requests made to each public authority;
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The number of decisions where applicants were not entitled to access to the
documents pursuant to the requests, the provisions of the Act under which these
decisions were made and the number of times such provisions were invoked
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Particulars of any disciplinary action taken against any officer in respect of
the administration of the Act
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The amount of charges collected by each public authority under the Act
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Any fact which indicates the effort made by the public authority to administer
and implement the spirit and intention of the Act.
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