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The Right to Information Act 2005A Handbook$

Sudhir Naib

Print publication date: 2011

Print ISBN-13: 9780198067474

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198067474.001.0001

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APPENDIX C (p.225) A Comparative Analysis of the Right to Information Act in Different States

APPENDIX C (p.225) A Comparative Analysis of the Right to Information Act in Different States

Source:
The Right to Information Act 2005
Publisher:
Oxford University Press

S. No.

Parameter

Tamil Nadu-1997

Goa-1997

Rajasthan-2000

1.

Exemptions

A number of exemptions have been listed. These are blanket exemptions. [Sec. 3(2)]

Exemptions have been listed, but information which cannot be denied to the State Legislature shall not be denied to any person. (Sec. 5)

Exemptions have been listed. (Sec. 5) These are blanket exemptions, except in the case of refusal on the ground that the request is too general, where the officer in charge is duty bound to render help to the person seeking information in referring his request to facilitate supply of information. [(Sec. 5(x)(a)]

2.

Suo-motu Disclosures

No Provision.

No Provision.

No mandate. But the state government and public bodies may suo motu exhibit or expose such information, from time to time, as it may consider appropriate in public interest, in the manner as may be prescribed. (Sec. 12-A)

3.

Process

Competent Authorities to be notified by government. Competent Authority to receive requests and give information. [Secs 2(1), 3(3) & 3(4)]

Competent Authorities notified in the Act itself. Competent Authority to receive requests and give information. [Secs 2(a) & 4]

Person ‘Incharge of office’ to receive requests and give information. [Secs 2(iii) & 4]

4.

Appeals

Appeal against Competent Authority lies to govt. or an Authority notified by govt. (Sec. 4)

No departmental appeal mechanism. Appeal can be made to the Administrative Tribunal. (Sec. 6)

First appeal lies to the ‘Controlling Officer’. Second appeal lies to the District Vigilance Committee or the Rajasthan Civil Services Tribunal. (Secs 6 & 7) Legal proceeding can be initiated only after exhausting the remedies provided under the Act. (Sec. 11)

5.

Time Limit

30 working days.

30 working days, provided that where such information relates to the life or liberty of an individual, the Competent Authority shall either furnish information or pass order refusing the request within 48 hours on receipt of the application.

30 working days.

6.

Penalties

No provision.

Penalties under Service Rules and in addition a Fine of Rs 100 per day of delay. (Sec. 8)

Penalties to be imposed as prescribed under the service rules. (Sec. 10)

7.

Frivolous/Vexatious or superfluous requests

No provision

No provision.

No provision.

S. No.

Parameter

Karnataka-2000

Delhi-2001

Maharashtra-2002

1.

Exemptions

Blanket exemptions have been provided. [Sec. 4(2)]

Blanket exemptions have been provided. [Sec. 6]

Blanket exemptions have been provided [Sec. 7]

2.

Suo-motu Disclosures

The Act mandates certain suo motu disclosures. (Sec. 3)

The Act mandates certain suo motu disclosures. (Sec. 4)

The Act mandates certain suo motu disclosures. (Sec. 4)

3.

Process

Competent Authority to receive requests and give information. ‘Competent Authority’ means head of the office or any officer or person as may be notified by the state government. (Sec. 5)

Competent Authority to receive request and give information. ‘Competent Authority’ means Authority notified by govt. (Sec. 5)

PIO is designated by Competent Authorities to receive requests and give information. (Sec. 6)

4.

Appeals

First appeal lies to the prescribed appellate authority. Second appeal lies to the Karnataka Appellate Tribunal. (Sec. 7) there is a bar of jurisdiction of Courts. (Sec. 10)

Appeal lies to the Public Grievances Commission. (Sec. 7)

First appeal to internal appellate authority and second appeal to Lokayukta/Upa-lokayukta whose decision is final. (Sec. 11)

There is a bar of jurisdiction of courts. (Sec. 16)

5.

Time Limit

15 working days.

30 working days.

15working days. Within 24 hours where the request involves life and liberty of a person.

6.

Penalties

Where any competent authority, without any reasonable cause fails to supply information within the specified period or provides false information, the authority immediately superior to it may impose a penalty not exceeding Rs 2000, and he shall also be liable to disciplinary action under the Service Rules. (Sec. 9)

Disciplinary action to be taken under relevant service rules. (Sec. 9)

Where any Public Information Officer has without any reasonable cause, failed to supply information within the specified period, the appellate authority may impose a penalty of Rs 250 for each day’s delay. Where it is found that the PIO has knowingly given incorrect/misleading or wrong/incomplete information, a penalty not exceeding Rs. 2000 may be imposed on such officer. Apart from this, the PIO shall also be liable to appropriate disciplinary action under the service rules. (Sec. 12)

7.

Frivolous/Vexatious or superfluous requests

Competent Authority may reject a request for supply of information where such request:

  1. (a) is too general in nature and the information sought is of such nature that, it is not required to be ordinarily collected by the public authority.

  2. (b) Relates to information that is required by law, rules, regulations or orders to be published at a particular time; or

  3. (c) Relates to information that in contained is published material available to public.

Relates to personal information the disclosure of which has no relationship to any public activity or which would cause unwarranted invasion of the privacy of an individual except where larger public interest is served by disclosure. (Sec. 6)

No provision.

The Public Information Officer may also reject the request for supply of information, where:

  1. (a) the information is already published in the Official Gazette or otherwise, and is available to public or is of such a nature that the volume of information required to be retrieved or processed, would involve disproportionate diversion of the resources of a public authority.

  2. (b) it relates to information that is required by law, rules, regulations or order to be published at a particular time. (Sec. 8)

S. No.

Parameter

Assam-2002

Madhya Pradesh-2003

Jammu&Kashmir-2004*

1.

Exemptions

Blanket exemptions are provided in Secs 4(2) (a) to (k).

Nine Blanket exemptions. [Sec. 4(2)]

Seven Blanket exemptions. [Sec. 6(1)]

2.

Suo-motu Disclosures

NO

Mandated to a limited extent. [Sec. 3(c)]

Yes, under sub-sections (b), (c), (d) & (e) of Section 3 of the Act.

3.

Process

The Incharge of Office has to receive requests and give information. [Sec. 5(1)]

A person desiring to inspect or obtain a copy of record under this Act may make an application in writing to the designated officer. [Sec. 5(1)]

Any person seeking information shall make an application to the incharge of the office regarding particulars of the matter relating to which information is sought. (Sec. 5)

4.

Appeals

Aggrieved persons can file first appeal to the Controlling Officer of the Incharge of Office. The Second Appeal lies to the Assam Administrative Tribunal. (Sec. 6)

There is a bar of jurisdiction of Courts. (Sec. 10)

Any person aggrieved by an order of the designated officer refusing to provide information may prefer an appeal within thirty days of the impugned order to the State Government or to such appellate authority as may be notified by the State Government subject to such rules as may be prescribed. (Sec. 7)

Any person aggrieved by the order of the incharge of the office or any person who has not received required information within the time stipulated under Section 5, may appeal to the controlling officer, within thirty days of the decision rejecting his request for information or the expiry of period stipulated under Section 5 for furnishing such information. (Sec. 9) There is a bar of jurisdiction of Courts. (Sec. 14)

5.

Time Limit

30 working days.

30 working days.

30 working days.

6.

Penalties

Disciplinary action under relevant Rules. (Sec. 9)

Where the head of a public body or designated officer fails to supply the desired information within a period of thirty days from the date of receipt of the copy of the order of the appellate authority, the appellate authority may impose a penalty not exceeding two thousand rupees on the concerned head of the public body or designated officer. (Sec. 8)

Disciplinary action under relevant Rules. (Sec. 12)

7.

Frivolous/Vexatious or superfluous requests

The Act stipulates certain grounds for refusal to furnish information. [Sec. 4(1)]

The Designated officer may also reject a request for supply of information where such request—

  1. (a) is too general in nature and the information sought is of such nature that, it is not required to be ordinarily collected by the public body;

  2. (b) relates to information that is required by law, rules, regulations or orders to be published at a particular time;

  3. (c) relates to information that is contained in published material available to public;

  4. (d) relates to personal information the disclosure of which has no relationship to any public activity or which would cause unwarranted invasion of the privacy of an individual;

  5. (e) relates to matters classified as ‘Secret’ or ‘Confidential’.

  6. (f) is vague or meaningless; or too large in volume to prepare copies. (Sec. 6)

The Act stipulates certain grounds for refusal to furnish information. [Sec. 6(2)]

*Note: Jammu & Kashmir Right to Information Act, 2004 has been recently repealed by the Jammu & Kashmir Right to Information Act, 2009. The new Act is closely based upon the Central RTI Act of 2005.

Source: Adapted from Second Administration Reforms Commission, First Report, ‘RIGHT TO INFORMATION-Master Key to Good Government’, pp. 99–109.

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