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What is the process of obtaining information as per Right to Information Act, 2005?

Is there any application form available to get information?

Section 5 of the Act prescribed that every public authority must designated the officers designate as many officers as the Central Public Information Officers or State Public Information Officers, and  stated that these officers are obliged under this Act to provide the  information to persons requested for the information under this Act. Section 6 laid down the procedure for requesting information with the public authority.  A person who requests the information should submit an application in writing or through electronic means in English or Hindi or official language of the area where the application to be submitted along with prescribed fee to the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority.  The said officers designated under this Act also required to give assistance to the person who makes request orally to reduce the same in writing.

THE RIGHT TO INFORMATION ACT, 2005

The Act not mandated the person seeking information under this Act to give the reason for seeking such information.  Section also states that if the information sought by the applicant falls under another public authority, the public authority to whom application submitted, required to transfer the application to that other public authority within 5 days of receipt of such application, and inform the applicant immediately about such transfer.

As per Section 7 of the Act, the officer is obliged to provide information requested under Section 6 of Act, within thirty days of the receipt of the request or reject the request for any of the reasons specified in sections 8 and 9.  If the information sought is pertaining to life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request. If the concerned officer fails to take decision on the application of request within prescribed time, such officers be deemed to have refused the request.  If such information required further payment of fee, then officer is required to intimate the same and request the applicant giving details of the fee towards cost for procuring such information.  Also, it is stipulated that if the officer failed to provide information for free of charge to the person requested if a public authority failed to comply with the time limits specified.  If the request for information is rejected, the officer should communicate the same to the applicant with reasons for rejection along with information for filing appeal, the authority with whom such appeal to be filed and the time limit for filing such appeal to be provided.  No specific format is given under the Act for the application for requesting information under the Act.

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Adv. Anitha Gutti

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