A User’s Guide - csharyana.gov.in

1 A user s Guide Haryana Institute of Public Administration 76, HIPA Complex, Sector-18 Gurgaon Phone No. 0124-2340462 Fax no. 0124-2348452 CONTENT 1. A user s Objectives of Right to Information 01 Why a Legal Framework Necessary? .. 01 Definition of Public 01 Appropriate 01 Competent 02 Information 02 Public Information 02 Assistant Public Information 02 Definition of Information" .. 02 Definition of "Record"..03 Definition of Right to Information ..03 Definition of "Third Party" .. 03 Dissemination of Information.

2 03 Citizens Right to 03 Obligations of a Public Maintenance of 04 Computerisation of 04 Proactive Disclosure of 04 Provide Information Suo Motto, Disseminate Widely .. 05 Designate Information 05 Make Information Accessible to PIOs .. 05 Transfer Mis-directed Requests ..06 Obligations of Public Information Obligations of Assistant Public Information Officers ..06 Obligations of Officer whose Assistance is Sought .. 06 Request for Information .. 06 Disposal of Request .. 07 Form of Access to 08 Exemptions from 08 Public Interest 09 Information upto 20 09 Protection of Copyright.

3 09 Access to Part of 10 Third Party Information .. 10 Central Information 11 State Information 12 Powers and Functions of Information 12 Appeal .. 13 First 13 Second 14 Onus of 14 Decision of 14 Imposition of 15 Disciplinary 15 Action in Good 15 Overriding Effect of Act .. 16 Bar of Jurisdiction of 16 Non-applicability to Certain 16 Report of Information 16 Obligations of Ministries & Departments .. 17 Promoting Conformity to Educational Guide for Notification of 19 Power to Remove 19 Intelligence and Security established by the Central Government exempted from Right to Information Act 2005 2.

4 Frequently Asked 3. The Right to Information Act, 4. Haryana Government 49-56 1 A user S Guide Objectives of Right to Information Act [Preamble] set 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 every public authority; provide for the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Why a Legal Framework Necessary?

5 [Preamble] facilitate right to information leading to an informed citizenry and transparency of information which are vital to the functioning of democracy as established by the Constitution of India and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; harmonise conflicting interests in practice involved in revelation of information and other public interests such as efficient operations of government, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information while preserving the paramountcy of the democratic ideal.

6 Definition of Public Authority [Preliminary] any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government; and includes any (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds by the appropriate Government. Appropriate Government [Preliminary] in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly (i) by the Central Government or the Union territory administration, the Central Government; (ii) by the State Government, the State Government.

7 Competent Authority [Preliminary] the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; the Chief Justice of India in the case of the Supreme Court; the Chief Justice of the High Court in the case of a High Court; the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; the administrator appointed under article 239 of the Constitution.

8 Information Commission [Preliminary] Central Information Commission or State Information Commission constituted under the Act, as the case may be. Public Information Officer (PIO) [Preliminary] Central Public Information Officer including Central Assistant Public Information Officer designated under the Act or State Public Information Officer including State Assistant Information Officer designated under the Act, as the case may be. Assistant Public Information Officer [Preliminary] Central Assistant Public Information Officer or State Assistant Public Information Officer designated under the Act, as the case may be.

9 Definition of Information" [Preliminary] 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. Definition of "Record" [Preliminary] any document, manuscript and file; any microfilm, microfiche and facsimile copy of a document; any reproduction of image or images embodied in such microfilm (whether enlarged or not); and any other material produced by a computer or any other device.

10 Definition of Right to Information [Preliminary] right to information accessible under the Right to Information Act 2005 which is held by or under the control of any public authority and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) 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.