Page 79 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Notes 4. Application for seeking information is to be made to an officer of the Public Authority who
is State Public Information Officer. He is responsible to deal with requests of information/

assist persons seeking information.
5. The Act makes it obligatory for every Public Authority to make suo-motu disclosure in
respect of the particulars of its Organization, functions, duties etc. as provided in section 4
of the Act.

6. Transfer of a request by a Public authority to another public authority wherein the subject
matter/information is held by the latter.
7. A Citizen should make an Application to the State Public Information Officer in writing in

English or Hindi or in the official language of the area in which application is made.
8. The Application is to accompany a Demand Draft/Banker Cheque/Indian Postal Order of

` 10 payable to the Accounts Officer of public authority as fee prescribed.
9. No prescribed form of application for seeking information. It can be made on plain paper
with Name and complete postal address of the applicant.
10. The information seeker is not required to give reasons for seeking information.
11. Time limit-30 days/48 Hours/45 Days

12. If an application is not supplied information within the prescribed time or not satisfi ed
with the information provided, he may prefer an appeal to the first Appellate Authority

who is an officer senior in rank to the Public Information Offi cer.

13. No fees for making an Appeal
14. Creation of an independent non judicial machinery State Information Commission to
decide 2nd stage appeals.

15. Legal framework of exercise of powers by Commission defined in the Act.
16. Two tier appellate Forum: 1. Appeal to departmental officer senior to the PIO, 2. To the

Commission.
17. If Appellant Authority fails to pass an order on the appeal with in the prescribed period,

if the appellant is not satisfied with the order of the First Appeal Authority, he may prefer
a Second Appeal with the State Information Commission within 90 days from the date
on which the decision should have been made by the First Appellant Authority or was
actually received by the Appellant.

18. Provision of Complaint if the Public Information Officer fails to satisfy or it is a case of

refusal access to any information requested under the Act or it is a case of over charging
etc. The complaint can be made to the State Information Commission.
19. The Commission decides the appeals and conveys its decision to the Appellant/
Complainant and First Appellant Authority.

4.2 Benefits of the RTI

The various benefits of the RTI are:
1. Enhances transparency, credibility and legitimacy of public authority.

2. Increases efficiency, vitality, alertness which are the major ingredients for smooth &
effective functioning of public authority.

3. Effective information flow helps citizen to secure their right and entitlement.

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