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FREQUENTLY
ASKED QUESTIONS |
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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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