1 Citizen’s Right
to Information
Section 3 of the Right to Information Act, 2005 states:
“Subject to the
provisions of this Act, all citizens shall have the right to information”. The Act defines
“Information”, “Record” and “Right to Information” as follows:
2 Definition of “Information” [Section 2 (f)]
“any material in any form,
including:
• records, • documents,• memos,• e-mails,•
opinions,• advices,
• press releases,
• circulars,
• orders,
• logbooks,
• contracts,
• 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”.
“Record” [Section 2 (i)] includes:
• any document, manuscript and file;
• any microfilm, microfiche and facsimile
copy of a document;
•any reproduction of image or images
embodied in such microfilm (whether enlarged or not); and
• any other material produced by a computer
or any other device.
3 Definition of “Right to Information” [Section 2 (j)]
“Right to information” means
the right to information accessible under the RTI Act which is held by or under
the control of any public authority and includes the right to—
(i) inspection
of work, documents, records;
(ii) taking notes, extracts or certified copies
of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of
diskettes, floppies, tapes, video cassettes or in any other electronic mode or
through printouts where such information is stored in a computer or in any
other device.
4 Information exempted from disclosure
Section 8 of the Act provides a list of 10
categories of information [8 (1) (a) to 8 (1) (j)] as follows:
(a) 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;
(b) 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;
(c) information, the disclosure of which would
cause a breach of privilege of Parliament or the State Legislature;
(d) 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;
(e) 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;
(f) information received in confidence from
foreign Government;
(g) 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;
(h) information which would impede the process
of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of
deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons
thereof, and the material on the basis of which the decisions were taken shall
be made public after the decision has been taken, and the matter is complete,
or over:
Provided further that those matters coming under the exemptions
specified in this section shall not be disclosed;
(j) 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 unless the Public Information Officer or the appellate authority, as
the case may be, is satisfied that the larger public interest justifies the
disclosure of such information:
Provided that the information which cannot be denied to the Parliament
or a State Legislature shall not be denied to any person.
A citizen desirous of obtaining
information is advised to refer to the relative sections of the Act before
submitting an application for information.
5 Who can apply for information and how?
A citizen, who desires to obtain any information
under this Act, shall make a request in writing or through electronic means in
English or Hindi or in the official language of the area in which the
application is being made, accompanying a court-fee of Rs.10, to the State
Public Information Officer of WBFC, specifying the particulars of the
information sought by him or her.
6 Fee for providing information
[a] Rupees
two, for each page [A4 or A3 size paper] created or copied;
[b] Actual charge or
cost price for a copy in large size paper; or
[c] Actual
cost price for sample or model; or
[d] Rupees five for each
fifteen minutes or fraction thereof for inspection of records; or
[e] Rupees fifty per
diskette or floppy for information provided in the diskette or floppy; or
[f] Actual charge fixed
for publication or rupees two per page of photocopy for extracts thereof for
information provided in printed form
7 State Public Information Officer [SPIO] in
WBFC
Sri Probal Dasgupta
SPIO
12A
Phones : [033] 2230 3083 / 0055 / 4954 / 2242 0313 / 2230 3749
FAX: [033] 2230 1250 / 3259
e-mail: administrator@wbfconline.org
8 First appellate authority in WBFC
Sri Kamal Chakrabarty
Managing Director
12A
Phones : [033] 2230 3083 / 0055 / 4954 / 2242 0313 / 2230 7876
FAX: [033] 2230 1250 / 3259
e-mail: administrator@wbfconline.org