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FREQUENTLY ASKED QUESTIONS
 

When does it come into force?
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).

Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]
What is Information?
“Information”- any material in any form, including records, documents, memos, e-mails, opinions, advices, 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. " but does not include "file notings" [S.2(f)].

What is Right to information?
“Right to information” .[S.2(j)] means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to -
• Inspection of Work, documents, records,
• Taking notes, extracts or certified copies of the documents or records
• Taking certified samples of material;
• Obtaining information in the form of diskettes, floppies, tapes, video cassettes or any other electronic mode or through printouts where such information is stored in a computer or in any other device.

How to apply for information?
• Application to be made in writing in English, Hindi or official language of the state. to the PIO, specifying the particulars of the information sought for.Pay fees as may be prescribed (if not belonging to the below poverty line category).
• The application fee of Rs 10/- should be paid in cash or demand draft or cheque to the Public Information Officer.
• In addition, the Public Information Officer may charge the following fees:
• Rs 2/- for each page (A4/A3) created or copied
• Actual charge or cost price for larger size paper
• Actual cost or price for samples or models
• For inspection of records, no fee for the first hour, Rs. 5/- for every subsequent hour. For information on diskettes or floppies Rs. 50/- per diskette/floppy. For printed information Rs. 2/- per page or as per the price fixed for such material.

What is the Time Limit for supply of Information?
• 30 days from the date of application
• 48 hours in case the information concerns life or personal liberty
• 5 additional days if information to be obtained by the PIO
• 40 days in case a third party is affected.

What is third party information?
• If any information is sought relating to the interest of a third party, than the third party should be informed in writing about the intention to disclose the information within 5 days.
• 10 days time is to be given to the third party to make its representation if any
• SPIO can still decide to disclose the information even if third party objects. The third party is to be informed about this decision.
• Third party can prefer an appeal against the decision.

Who is liable under the act?
All Government departments and other Government or public authorities are liable to give information

What does public authority and other authority mean?
Public authority under [S.2(h)] means:
• All authorities, governments constituted by or under the constitution.
• All authorities constituted by any law of Parliament
• All authorities constituted by Law made by the Legislation
Other Public Authorities:
• By notification issued or by order of the appropriate government
• All bodies owned, controlled or subsequently financed by the government
• All non governmental organizations substantially financed by the government

Whom to apply for information?
• Information is o be sought from the public Information Officer notified by the government for each of the Departments
• Specific names have been notified by the government for each of the departments.
• Application can be addressed merely to Public Information Officer in Public Department.

Who are Public Information Officers (PIOs)?
PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

What is not open to disclosure?
The following Information is exempt from disclosure [S.8)]
• information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature
• information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information
• information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information
• information received in confidence from foreign Government; information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes
• information which would impede the process of investigation or apprehension or prosecution of offenders
• cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual
• Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

Is partial disclosure allowed?
• Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10]

Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]

Whom to appeal?
• Any person aggrieved by a decision of the SPIO can appeal to the next higher authority (First Appeallate Authority) within 30 days of receipt of the decision. A second appeal can be made if not satisfied with decision of first appeallate authority within 90 days to the state Information Commission (SIC)
• Appeals to be decided within 30 days and not exceeding 45 days.
• Decision of the SIC final and binding
• In its decision SIC, has the powers to Direct the public authority to take steps necessary to secure compliance with the provisions of the Act; Direct public Authority to compensate the complainant for any loss suffered Impose any penalties; Reject the appeal

What is the Procedure for Appeal to Commission?
An appeal should contain:
• Name & address of the applicant
• Name & address of the SPIO against whose decision the appeal is preferred
• Details of SPIOs date, appeal order etc
• Brief Facts of appeal
• If appeal is for refusal to give information, name and address of SPIO who refused.
• Prayer relief on the ground for power prayer or relief
• Verification by the appellant
• Any other information the commission may deem necessary.

What are the Documents needed for appeal?
• Every appeal shall be accompanied by
• Self attested copies of orders of documents against whom appeal is preffered
• Copies of Documents relied upon by the appellate
• Index of Documents referred for appeal

Appeals and penalties (Sec 19 & 20)
The SIC while deciding any complaint or appeal, is of the opinin that the PIO has without reasonable cause refused to receive an application for information or has not furnished information within time or malafidely denied request or given incorrect, misleading or false information or destroyed information which was subject of the request or obstructed in any manner in furnishing information, a penalty of Rs 250/- per day to be imposed till the information is furnished subject to an upper limit of Rs 25,000/- in total

Question: To whom should the application be made?

Ans. One can ONLY make an application to the official who has been declared as the Competent Authority under the Goa Right To Information Act, 1997 [Goa Act No 28 of 1997] [29-10-1997].

Question: How do I apply for the information?

Ans. The application to the Competent Authority should be in writing, the application should clearly mention that your application is under the Goa Right to Information Act, 1998.

Question: Can information be denied even after making an application?

Ans. Information can be denied on the following grounds:

(a) If it affect the sovereignty of the country, international relations, public order.

(b) Information relating to an individual or other information, the disclosure of which has no relationship to any activity of the Government or which will not sub serve any public interest and would constitute a clear and unwarranted invasion of personal privacy; papers containing advice, opinion, recommendations or minutes submitted to the Governor for discharge of his constitutional functions and any information, disclosure of which, would prejudicially affect the conduct of the Centre-State relations, including information exchanged in confidence between the Centre and the Government or any of their authorities or agencies.] [Inserted by Amendment Act, 1997 (Goa Act No 1 of 1998)]

(c)Trade and commercial secrets or any other information protected by Law;

(d) Information whose release would constitute a breach of Parliament or Legislative Assembly Privilege;

(e) Information whose disclosure would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes or in public interest.

Question: Are we to pay to get access to official information?

Ans. Yes, one may have to pay to the Competent Authority for the supply of information, the amount to be paid will depend on the cost of processing and making available the information, as stated in Section 14 of the Act which states that "The Competent Authority shall charge fees for supply of information which shall not exceed the cost of processing and making available of information". That does not mean that you have to photocopy all the documents. You can sort out the required documents and photocopy them.

 

COMPETENT AUTHORITIES UNDER SECTION 2(a) OF THE GOA RIGHT TO INFORMATION ACT 1997 (GOA ACT 28 OF 199

    1. Director of Agriculture
    2. Director of Accounts
    3. Director of Animal Husbandry & Vet. Services
    4. Director of Archives, Archaeology & Museum
    5. Director of Art and Culture
    6. Director of Civil Supplies & Price Control
    7. Collector, Collectorate, North Goa, Panaji
    8. Collector, Collectorate, South Goa, Margao
    9. Registrar of Co-operatives
    10. Director, Craftsman Training
    11. Director of Education
    12. Chief Engineer, Electricity
    13. Director of Employment
    14. Commissioner of Excise
    15. Chief Inspector, Factories and Boilers
    16. Director of Fire Services
    17. Director of Fisheries
    18. Conservator of Forests
    19. Director, Food & Drugs Administration
    20. Executive Editor, Goa Gazetteer
    21. Director of Health Services
    22. Director of Industries & Mines
    23. Director of Information & Publicity
    24. Director of Institute of Psychiatry & Human Behaviour
    25. Chief Engineer, Irrigation
    26. Commissioner of Labour
    27. Director of Municipal Administration
    28. District Registrar, Notary Services
    29. Director of Panchayats
    30. Director of Planning & Statistics
    31. Inspector General of Police
    32. Captain of Ports Administration
    33. Director of Printing & Stationery
    34. Director of Prosecution
    35. Chief Engineer, Public Works Department
    36. Director (Admn), River Navigation
    37. Commissioner, Sales Tax
    38. Jt. Secretary, Science, Technology & Environment
    39. Director of Settlement and Land Records
    40. Director of Social Welfare
    41. Director of Sports and Youth Affairs
    42. Director of State Institute of Education
    43. Director of Technical Education
    44. Director of Tourism
    45. Chief Town Planner, Town and Country Planning
    46. Director of Transport
    47. Dy. Director, Vigilance
    48. Controller, WEights and Measures (Legal Metrology)
    49. Registrar, Administrative Tribunal
    50. Curator, Central Library
    51. Chief Engineer (Irrigation-Projects)
    52. Chief Electoral Officer
    53. Custodian, Evacuee Property
    54. Principal, Goa College of Music
    55. Principal, Goa College of Architecture
    56. Principal, Goa College of Art
    57. Resident Commissioner, Goa Sadan, New Delhi
    58. Dean, Goa Dental College & Hospital, Bambolim
    59. Principal, Goa College of Engineering, Farmagudi
    60. Principal, Goa College of Home Science, Panaji
    61. Dean, Goa Medical College & Hospital, Bambolim
    62. Principal, Goa College of Pharmacy
    63. Principal, Government Polytechnic, Altinho
    64. Commandant General, Home Guards and Civil Defence
    65. Inspector General, Prisons
    66. Secretary, Rajya Sainik Board
    67. Chief Officer, Bicholim Municipal Council
    68. Chief Officer, Canacona Municipal Council
    69. Chief Officer, Cuncolim Municipal Council
    70. Chief Officer, Curchorem-Cacora Municipal Council
    71. Chief Officer, Mapusa Municipal Council
    72. Chief Officer, Mormugao Municipal Council
    73. Chief Officer, Margao Municipal Council
    74. Chief Officer, Panaji Municipal Council
    75. Chief Officer, Ponda Municipal Council
    76. Chief Officer, Pernem Municipal Council
    77. Chief Officer, Quepem Municipal Council
    78. Chief Officer, Sanguem Council
    79. Chief Officer, Valpoi Municipal Council
    80. Secretaries of Village Panchayats for the respective Village Panchayats
    81. Spl Secretary, GA, Protocol & Home
    82. Jt Secretary, Finance
    83. Jt Secretary, Personnel
    84. Jt Secretary, Law
    85. Member Secretary, Bal Bhavan
    86. Managing Director, Economic Development Corporation
    87. Secretary, Goa Board of Secondary & Higher Secondary Education
    88. Managing Director, Goa Construction Housing and Finance Corporation
    89. Managing Director, Goa State Backward Class Development Corporation
    90. Managing Director, Goa Handicrafts Rural and Small Scale Industries Development Corporation
    91. Managing Director, Goa Horticultural and Crops Plantation Development Corporation
    92. Managing Director, Goa Housing Board
    93. Managing Director, Goa Daman and Diu Industrial Development Corporation
    94. Chief Executive Officer, Goa, Daman & Diu Khadi and Village Industries Board
    95. Managing Director, Goa Meat Complex
    96. Secretary, Goa Public Service Commission
    97. Member Secretary, Goa State Pollution Control Board
    98. Member Secretary, Goa State Commission for Backward Classes
    99. Managing Director, Goa Tourism Development Corporation
    100 Registrar, Goa University
    101 Secretary, State Election Commission
    102 Managing Director, Kadamba Transport Corporation
    103 Member Secretary, Kala Academy
    104 Member Secretary, Konkani Academy
    105 Director, Provedoria
    106 Member Secretary, Planning & Development Authority, North Goa
    107 Member Secretary, Planning & Development Authority, South Goa
    108 Member Secretary, Planning & Development Authority, Vasco
    109 Project Director, Rural Development Agency
    110 Executive Director, Sports Authority of Goa
    111 Registrar, District Forum for Redressal of Consumer Disputes, North Goa District
    112 Registrar, District Forum for Redressal of Consumer Disputes, South Goa District
    113 Registrar, State Commission for Redressal of Consumers Disputes.
    114 The Administrator of Communidades
    115 The Director of Higher Education
    116 The Director, Department of Parks and Gardens
    117 The Director, Women and Child Development Department]
    118 The Chief Officer, Sanquelim Municipal Council
    119 The Director of State Lotteries
    120 The Joint Secretary (Home)
    121 All the Under-Secretaries to the Govt
    122 The DIG Police, Panaji
    123 The Superintendent of Police, CID, Panaji
    124 The Superintendent of Police, North, Panaji
    125 The Superintendent of Police, South, Margao

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A Model Application for information under THE GOA RIGHT TO INFORMATION ACT 1997

Mr.Sanford Francis Facho
R/O H. No. 1739,
Doris Palace,
Alto Betim, Bardez,
Goa.

Date: 26-06-2005

To,
The Village Panchayat Salvador Do Mundo (insert Competent Authority from the list),
Salvador Do Mundo,
Bardez Goa (Address)

Subject: certified copies under The Goa Right to Information Act

Sir,

I am pleased to request you to kindly issue me certified copies of the following documents:-

1. (mention the document you want. Mention the date on which the concerned authority issued or received the document)

eg. copy of Panchanama drawn on 11/5/2005 in regards to construction of compound wall in survey 45/2.

for which I am willing to pay the expense incurred for the supply of information and the processing fees.

Thanking you in anticipation.

Yours faithfully,

Mr. Sanford Francis Facho

 
 
   
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