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Right to Information Act – important Lok Sabha Q&A

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
NON COMPLIANCE OF SECTION OF RTI ACT

UNSTARRED QUESTION NO 6450 ANSWERED ON   16.05.2012
6450 . Shri TARACHAND BHAGORA
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the public authority including Information Commissioners and Courts have not fulfilled the provision of Section 4 of the RTI Act, 2005;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) whether this results in failure of public delivery system which are of General Public interests; and

(d) if so, the details thereof and the measures taken by the Government for strict compliance of the said Section 4 of RTI Act, 2005?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office.

(SHRI V. NARAYANASAMY) (a) to (d): Compliance of the provisions of the RTI Act, 2005 including Section 4 is a statutory obligation of all public authorities including Information Commissions and Courts. Since, inception of the RTI Act, the Central Government through various means, including training of stakeholders, publishing and distribution of guides, have been impressing upon the public authorities to disclose maximum information proactively so that citizens need not resort to filing of RTI applications to access information available with the public authorities.

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APPLICATIONS UNDER RTI

UNSTARRED QUESTION NO 6537 ANSWERED ON 16.05.2012
6537 . Dr. BALI RAM
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) the total number of applications received under RTI during the year 2011-12, State-wise and department-wise;

(b) the number of such applications in which information was provided timely alongwith the number of those applications in which information was not given within fixed time limit;

(c) the reasons for not providing information within the stipulated time;

(d) the action taken by the Government against those who have failed to provide information on time; and

(e) the steps being taken by the Government to provide information to the RTI applicants on time?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office.

(SHRI V. NARAYANASAMY) (a): As per the quarterly returns uploaded by Central Public Authorities on the website of the Central Information Commission till 10.05.2012, a total number of 374048 RTI applications were received during 2011-12. Public Authorities-wise data is available on the website www.persmin.nic.in. State-wise detail are not centrally maintained.

(b): Central Information Commission does not maintain such data.

(c) to (e): If the Information Commission at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer has without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished subject to the condition that the total amount of such penalty shall not exceed twenty five thousand rupees.

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STUDY ON EFFICIENCY OF RTI

UNSTARRED QUESTION NO 6581 ANSWERED ON   16.05.2012
6581 . Dr. M.THAMBIDURAI
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government has conducted any study on the efficiency of the RTI Act;

(b) if so, the details thereof;

(c) whether there are any complaints regarding rejection of RTI requests;

(d) if so, the details thereof, including the number of such cases; and

(e) the action taken by the Government in this regard?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office

(SHRI V. NARAYANASAMY) (a): No, Madam.

(b): Does not arise.

(c) & (d): The information Commission may receive and inquire into a complaint from any person-

(i) who has been unable to submit a request to a Public Information Officer either by reason that no such officer has been appointed under this Act, or because the Assistant Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Information Commission;

(ii) who has been refused access to any information requested under the Act;

(iii) who has not been given a response to a request for information or access to information within the time limit specified under the Act;

(iv) who has been required to pay an amount of fee which he or she considers unreasonable;

(v) who believes that he or she has been given incomplete, misleading or false information under the Act; and

(vi) in respect of any other matter relating to requesting or obtaining access to records under the Act.

The Commission does not separately maintain a record of complaints before it.

(e): Appeal and Penalty provisions available in the RTI Act take care of RTI requests rejected malafidely.

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