Right To Information Act 2005 PDF

CI/CP-2/1.19 RTI Act 2005. Right to Information Act 2005 Objective: The objective of this Act is to give the right of common citizens to access information under public establishments so as to promote transparency and accountability to work. Section-1 i. Effective From: from 15.06.2005 [Sect...

CI/CP-2/1.19 RTI Act 2005. Right to Information Act 2005 Objective: The objective of this Act is to give the right of common citizens to access information under public establishments so as to promote transparency and accountability to work. Section-1 i. Effective From: from 15.06.2005 [Sections 4(i), 5(i), 5(ii), 12, 13, 15, 16, 24, 27 and 28] and all remaining sections from the 120th day i.e. 12.10.2005. ii. Applicable: Applicable to the whole India except the State of Jammu and Kashmir. Definitions (Section 2): Information means any material in any form, including record, document, memorandum, e-mail, opinion, advice, press release, circular, order, log book, agreement, report, paper, sample, model, any Includes data material held in electronic form and information relating to any private entity that may be accessed by a public authority under any other law for the time being in force. (Section 2F) Record includes any document, manuscript and file, any microfilm and facsimile copy, reproduction in any manner of copies from microfilm and any other material rendered by a computer or any other device. (Section 2I) Right to information means to receive information under this Act from any public authority which includes- 1. inspection of work, documents, records, 2. Note down, extract or obtain certified copies of documents and records. 3. Taking a certified sample of the material, 4. In the form of diskettes, floppies, tapes, video cassettes or any other electronic means or by means of print outs where the information is stored in the computer. (Section 2J) Third Party: Means any person other than a citizen requesting information, including a public authority. (Section 2n) Right to Information (Section 3): All citizens have the right to information under the provisions of this Act. Application for seeking information (Section 6): 1. Applications can be submitted to the Public Information Officer by specifying the particulars of the information sought through written or electronic means in English or Hindi or the official language of that area. 131 2. No reason is required to be given for seeking information. 3. Where the information sought pertains to any other Public Information Officer, in such a situation, the applicant will have to be informed by transferring the application to the concerned officer. This process has to be done within 5 days from the date of receipt of application or as practicable. Application fee: 1. The application fee will be Rs 10, which can be paid through draft, banker's check or postal order. No fee will be charged from the persons belonging to BPL family. 2. For getting a photocopy of a document, Rs 2 per page will be charged. 3. No fee will be charged for inspection of records in the first hour after which Rs 5 will be charged for every 15 minutes. 4. A fee of Rs 50 has been fixed for taking information in floppy. Disposal of Request (Section 7): 1. Within 30 days from the date of receipt of application. 2. The time limit for information relating to the life and liberty of a person is only 48 hours. 3. Additional time limit of 5 days if application is made to Assistant Public Information Officer. 4. If the third party wants information, the time limit will be 40 days. 5. Failure to provide information within the stipulated time frame will mean refusal. You will not get such information: 1. Which affects the unity and integrity of the country or encourages crime. 2. Confidential information related to the country's or state's security strategy, science and economic matters affecting relations with other nations. 3. Information received from abroad. 4. Which leads to contempt of court, breach of privileges of Parliament or Legislative Assembly. 5. By which third person benefits, such as - business secrecy, secrets of transactions etc. 6. Documents related to cabinet, record of remarks of council of ministers, secretaries and other officials which are related to personal life of a person. 7. Intelligence and security agencies like IB, RAW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Enforcement Directorate, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Special Services Rifles Information related to the assessment of human rights in the Bureau and others can be obtained only with the approval of the Central or State Information Commission. Information related to restricted or copyright of anyone will also not be available. Appeal: i. The first appeal can be made before the Head of the Department concerned after the prescribed time limit or 30 days from the date of receipt of the decision. There is a time limit of 30 days for its disposal. ii. The second appeal can be made after 90 days to the Central Information Commission or the State Information Commission if the first appeal is not satisfied. Complaint to Information Commission (Section 19): Non-receipt of information to an applicant due to non-availability of Public Information Officer, refusal to provide information, no reply in respect of information within the prescribed time limit, arbitrarily charged, incomplete, incorrect Or a complaint can be made to the Information Commission for providing misleading information. 132 Power of Information Commission (Article 18): Information Commission has the right to send the same summons the Civil Court, calling the person, hearing, examination of documents and so on. In the departments where there is no Public Information Officer or Assistant Public Information Officer, he can order to appoint such officers. Take an annual report of the compliance of matters covered under this Act. The penalty could. can accept the application. Orders placed under this Act may not be challenged in the Subordinate Courts. In Article 32 and the High Court to the Supreme Court will be challenged this decision through a petition under Article 225 of the Constitution. Information Commission will report annually to the government. Penalty for not providing information (Section 20): Refusal to provide information to an applicant, delay in issue of information without reasonable cause, malafide intention to furnish information, knowingly giving false, incomplete or misleading information, The Information Commission may impose a fine of Rs. 250 per day on the Public Information Officer, in addition to disciplinary action, for destroying or obstructing the reporting of any matter. The government's obligation (Section 26 and 27): The Right to Information people should be aware. People should be encouraged to tend to provide the right information at the time. Officers should be trained and such training material should be prepared. Devise an index for the public vernacular. Other information including the name, designation, address and contact details of public information officers should be published. Fees and given the legal provisions of the information people. Office Address of the Central Information Commission: CIC Bhawan, Baba Gangnath Marg, Staff Quarters, Old JNU Campus, Munirka, New Delhi-110067 CI/CP-2/1.20 Opening and closing of Halt Station. OPENING OF HALT STATION OPENING OF NEW PASSENGER HALT Passenger halts are opened between two stations for the convenience of the traveling public. Halts will deal with only passenger traffic to a limited section. Normally these are opened to traffic upto adjacent junctions. Passenger halts are managed by a contractor and are not opened for parcel and goods traffic. 1). Opening‍of‍Halt‍Station‍Under‍General‍Manager’s‍Power: A Halt Station can be opened under GM’s Power without refering such cases to Ministry of Railway fr approval whwn: 133  i) There is financial justification for opening of Halt Station. ii) The site of proposed halt is at least 5 Kms in Non-Suburban area and 2 Kms in Suburban area , from the Stations/halts on either side. iii) The proposal is feasible both from operating and Engineering point of view. iv) The opening of a new halt station is otherwise renumerative.but infringes the minimum distance limitation of 5 Kms in non-suburban area and 2 Kms in Su-ubarban area station. v) The financial viability and capital cost will be worked out without taking shramdan into account. vi) the power of GM regarding opening of a Halt Station on passenger amenity ground can be enhanced to Rs.50000/- per anum(loss) if the halt is otherwise feasible from operating and Engineering points of view and adhered to distance restrictions from adjusent Stations/Halts. vii) Efforts should be taken by Railway to explore the scope of provision of maximum funds through MPLAD /Village Panchayat for construction of unremunerative halt station. 2).‍Opening‍of‍Halt‍Station-Requirement‍of‍Board’s‍approval: 2.1) When the conditions for opening of Halt Station under GM’s power are not fulfilled, a halt may be opened as a passenger amenity, if the Zonal Railway is satishfied that there is justification for opening the halt on ground of volume of passenger traffic.In such cases recommendation should be sent to Railway Board for approval of Halt Station. Peopsal for such reccomendation from Zonal Railway should be sent with personal approval of GM along with vetting by the PFA concerned. For determining the financial justificationis for opening new halt/flag station, interest on capital is not to be taken into account on a financially remunerative viabal proposal, but wherever scheme is not found to be remunerative, interest on capital should be added to work out the correct financial implecation. recommendation for unremunerative Peopsal on passenger aminity ground from Zonal Railway should be sent to Railway Board with personal approval of GM along with vetting by the PFA only in exceptional cases where: 134  i) Proposed halt is at least 5 Kms from adjusent Station(2 Kms for suburban area) ii) Proper mode of public transport is not available within 2 Kms of the neibouring villages. iii) at least few (5 to 10) villages should be benefitted from the proposed halt. iv) where line capacity is 100% or more, proposal for halt stations should not be encouraged , however, in exceptional cases proposal with proper justification may be reccomended. v) The finacial imlication and capital cost has to be calculated without taking shramdan into account. However, railway should always explore the scope for obtaining shramdan for construction if halt is sanctioned. 2.2) while determining Commercial feasibility for opening of a halt station, cost of stoppage of the trains should be taken into account. But, when the proposed halt is at Block huts, where the trains are already stopping for operational purpose, the cost of stoppage of train should not be taken into account. 2.3) In addition to financial implication aspects, Passenger amenity aspect should also be examined. for this purpose, comments should be obtained from Engineering and Operating departments for engineering and operational feasibilities. Operational feasibility should be assessed on following aspects taking into account: i) Impact on sectional utilzation/Line capacity ii) Effect on speed/running time of subsequent trains iii) Impact on movement of Freight trains/maintenance block etc. 2.4) while sending proposal report, informations should be submitted in the prescribed format( Annexure) along with a sketch map illustrating the location and kilometers neearby rivers, rail/road over-bridge, if any, so that the proposal could be examined in its proper perspectives. 2.5) in the propsal report, total cost of the new amenities should also be provided in estimate and should be included in total cost of establishing new halt station. 3) Provisions‍of‍Aminities‍at‍Halt‍Stations: 3.1) Halt stations are classifieds as HG-1,HG-2 nd HG-3,and MEA should be provided as under: Sr.No Amenity Station Category HG-1 HG-2 HG-3 1 Drinking Water-Piped/Hand Pump Yes Yes Yes 2 Waiting hall Yes Yes - 3 Platform Shelter/ Yes -- -- 135  Shaddy Tree --- Yes Yes 4 High Level Platform Yes Yes Yes 5 Lighting arrangement(As per railway Yes Yes Yes Board’s decided norm) 6 Time Table display Yes -- -- 7 Clock Yes -- -- 8 Dustbin (adequate quantity ) Yes Yes Yes 9 Fan Yes -- -- 3.2) FOB re not required at Halt Station in single line section. 4)‍Appointment‍of‍Halt‍Contractors: i) The contractor should be a permanent resident of the place (of the same District) where the halt station is opened. ii) The new contractor(engaged after 24.06.2005) should have a minimum of 10th pass and should have practical knowledge of English so that he can read the names of stations and the fare of tickets. iii) To appoint the Contractor, a section committee of officials of the Department of Commercial, Finance, and Operating of the Senior scale will be constituted which will invite applications through advertisement in the newspaper and after scrutinizing the applications received, will prepare a list of eligible applicant. The contractor will be selected with the help a draw system executed by any child if more than one application is found with informing the candidates through registered AD/Courier.. iv) The applicant's previous record will be verified before being appointed as a halt contractor. v) The halt contractor will have to produce a medical certificate that he is eligible for active service and he is not suffering from any contagious disease. vi) Minimum Security Deposit of Rs. 2000 / - will have to be submitted by the contractor, which may be extended by Railway during extension or next appointment of contractor on the baisi of earning /sale of tickets by adopting fraded system with consultation of Divisional associate finance. vii) The current term of the contract is 5 years and after its expiry it can be extended for another 5 years. But it will be increased by doing it in two periods of two and a half years and two and a half years only if the work of the contractor is satisfactory and deposits the outstanding amount on time. The contract of the halt contractor who maintains the building of the station along with the management of water, electricity, 136  can be extended for 5 more years, thus the total contract can be up to 10 + 5 = 15 years. viii) Appointment is a completely on contract basis. There is no such facility as regularizing the halt contractor as a railway servant. 5)Payment‍of‍Commission: 5.1) The commision Payable to Halt Contractor will be as under: Sr.No. Sales Turnover(Rs) Commission Payable 1 1-15000 15% 2 15001-50000 12% 3 50001 to 100000 9% 4 100001 to 200000 6% 5 More than 200000 3% Calculation Of Commission: If the Sales Turnover is Rs. 300000/- per month, Commission will be calculated as under: 15% of 15000 + 12% of 35000 + 9% of 50000 +6% of 100000 +3% of 100000= Rs. 2250 +4200 +4500+6000 +3000 =Rs19950/- 5.2) Minimum commission per month to contractor will be Rs. 1000/- If up to 2 pairs of trains stop at a halt station , and Rs. 1500/- per month at the halt station at which more than 2 pairs of trains stop. 5.3)Commission will be based on actual sales turnover of the month, not the monthly average turnover. 6).Appointment‍of‍Heirs‍and‍successors‍of‍deceased‍Halt‍Contractors: If halt contractor is deceased during currency contract period, application from legal heir may be asked and preference is to be given to legal heirs subject to fulfilment of eligibility criteria, otherwise fresh applications may be called for. After expiry of the contract period, allotment to be given on fresh applications received from eligible applicants. 7).Permission‍of‍issue‍of‍MST/QST‍by‍Halt‍Contractors‍from‍Halt‍Stations: Zonal Railway may decide in consultation with their associate finance for the permission of issue of MST/QST by Halt Contractors from Halt Stations, and Railway Board may be advised about such permission from time to time. 137 8).‍Booking‍Zones‍of‍Halt‍Stations: Normally Halt contractors should be allowed to issue tickets up to thel terminating station on the section. However, for maximum sale of tickets and to avoid irregular/ without ticket travel, issue of tickets for connecting trains may also be permitted. 9).‍Closure‍of‍Halt‍Stations: 9.1) Any Existing Halt Station may be closed without consultation of state Government, if the Halt was opened without recommendation of Stae. 9.2) Zonal Railway can Close a halt station by the Railway Administration, if it is unremunerative and not justified on passenger amenity ground. If average number of passengers(Outward) is less than 25 per day, in branch line, and less than 50 per day in main line, the tailway administration can consider to close the Halt Station without taking views of ZRUCC/DRUCC members.. 10).‍Upgradation‍of‍Halt‍Stations‍into‍Flag‍Stations:‍ i) Rly should asses the earning from halt station periodically in order to ensure whether posting of Commercial clerk is more beneficial than Halt contractor. Rly should examine desirability of converting such Station into Flag Station which are categorized as HG-1, i.e. which earning is more than Rs. 50 Lakh per anum and ouward passengers are more than 3 Lakhper anum and functional from more than 5 years. ii) when conversion of Halt Station is not financially justified , but conversion is necessary on amenity ground, ZRUCC’s views should also be forwarded to Railway Board. iii) Financial implication for conversion should be worked out on the aspect of total exoenditure and total earning in addition to additional expenditure and additional earning and if it is found financially renumerative under one of the two system, GM can upgrade the halt Station to Flag Station without refereeing to Board. iv) For analysis of total earning in this process, only outward passenger earning should be taken into account. v) After upgradation of Halt Station to Flag Station, the contractor of Halt station may be continued working till Railway administration depute railway staff for further work. 138  vi) Flag station having earning more than 50 lakhand less than Rs 1 Crore per anummay be provided passenger amanities as those of NSG-6 Category Stations. 11).‍Downgradation‍‍of‍Flag‍Station‍to‍Contractor‍Operated‍Halt‍Station: a) If a flag station is continuously operating on heavy recurring loss over a period of 3 years, GM may downgrade it into contractor operated Halt Station without referring it to Ministry of Rail. b) Uneconomic Flag stations, which can’t be downgraded to halts, may be operated through halt agents without downgrading passenger amenities. 12).‍Naming,‍Change‍in‍Name‍and‍Spelling‍of‍Railway‍Station: i) Naming of the passenger halt: The state government concerned is asked to recommend a suitable name and furnish their vernacular spelling of the proposed name. On receipt of the reply from them, the original vernacular name is sent to the survey of India of the region for furnishing correct Devanagiri spellings. Then the General Secretary of IRCA, New Delhi will be advised for approval of the name and chargeable distances are notified to all concerned. On completion of all the formalities, the halt is opened. ii) Change‍in‍Name‍and‍Spelling‍of‍Railway‍Station: When any request received by Zonal Railway fronm state Government or any other authority for Change in Name and Spelling of Railway Station/Halt. A standard reply should be sent to them stating that “ since Ministry of Home Affairs , GOI alone is the competent authority to approve change in the name of the Railwy Station, the proposal may be sent directly to them for consideration”. 13).Other‍‍Guidelines: 1) Existing halt contractor will continue to be governed with old policy till expiry of the contract period. 2)Halt station should be given responsibility of cleanliness of Flag Station without any renumeration.Close monitoring should be done by railway authorities. 3)To keep a check of malpractice, the working of halt agent should be reviewed annually. In case of abrupt fall in earning or ticket sale, watch should be kept on the working of Halt 139  contractor as wheter he is indulged in any type of malpractice/fraud. Suitable penal action should be taken such as termination of contract if any such irregularity is found. 4) A clause should be incorporated in agreement for required change/modification in contract conditions of the existing license. 5) Zonal Railway should make a six monthly review of the working of the halt station. So that timely action may be initiated as per requirement. 14).‍ Annexure-Format‍ for‍ Opening‍ Halt‍ Station: Details should be send along with information as mentioned in annexure attached for proposal of opening Halt Station. 140 CI/CP-2/1.21 ICMS, IRPSM, IRMMS, IREPS, Traffic survey. 141