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Thursday, 27 April 2017
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Some Important Aspects PDF  | Print |
Overriding effect of the Act 

 The provisions of the RTI Act  shall have effect not withstanding  any thing inconsistent therewith contained in  any other law for the time being  in force or any instrument  by virtue of any law other than this act. An application for information received under the RTI Act can be rejected only for any of the reasons u/s 8 or 9 of the Act.  The application can not be rejected under the Provisions of any other law.

Bar of Jurisdiction of Courts

No court shall entertain any suit, application or other proceedings in respect of any order made under this act  and no such order shall be called in question otherwise than by way of an appeal under the RTI Act.  The decision of the State Public Information Officer shall be called in question only by an appeal before the Appellate Authority u/s 19(1)  of the Act and the decision of the Appellate Authority shall be called in question only by way of an appeal before the State Information Commission  u/s 19(3)  of the Act. 

Exempted Organizations

 By virtue  of the  powers  vested  under section  24 of RTI Act, Government of  Kerala, have exempted the following  organizations from the purview of the Act.

 
1.  Special Branch CID
2.  Crime Branch CID
3.  District Special Branches of all Districts/Cities
4.   District and Crime Record Bureau
5.   Police Telecommunication Unit
6.   Confidential Branch in the Police Headquarters, Kerala  and Confidential sections in all Police Offices in Kerala
7.  State and Regional Forensic Science Laboratories
8.  State and District Finger Print Bureau

 However, the information pertaining to  allegations of corruption and human rights violations  are not exempted from disclosure  in the case of these exempted organisations.  In the case of allegations of violation of human rights,  the information shall be provided only after the approval of the State Information Commission and the information shall be provided within 45 days  from the  receipt of request.

How to make a  request  for information under the RTI Act
 1.   The request shall be in writing or through electronic means in English or Malayalam  or in the official language of the  area in which the application is made.
2.  The full name, address, particulars of information required and other relevant reference, if any, are to be clearly specified in the application.
3.  The application shall be accompanied by  the prescribed fee.
Govt. of Kerala have prescribed the Kerala Right to Information (Regulation of Fee and cost) Rules, 2006.  The application fee is  Rs.10/-   The application fee shall be paid in any of the  following manners.
a.       by affixing court fee stamp; or
b.       by remitting  the amount in the Government Treasury, under the head of account " 0070 other administrative services - 60 other services - 118 other receipts - 99 other items"  under RTI Act, 2005.
c.      by cash remittance against proper receipt in the office  of the State Public Information Officer/ State Assistant Public Information Officer, as the case may be; or
d.      by demand draft/bankers' cheque /pay order payable to the State Public Information Officer/State Assistant Public Information Officer;

 Provided that in the case of public authorities other than the Government Departments, the fee shall be remitted to the account of such public authority as provided in (c) & (d) above.

4. The application shall be made to  the State Public Information Officer of  the concerned Public Authority or the State  Asstt. Public Information Officer  as the case may be,  specifying  the particulars of information sought  for by him.
5. Where the applicant cannot make the request in writing, the State Public Information Officer shall render all reasonable  assistance to the person making the request to reduce the oral request into a written request. 

6.   Person's below  poverty line  are not required to remit the application fee.  However, they are required to produce BPL certificate from the Block Development Officer for those persons residing in rural areas and, from the Secretary of the Corporation/Municipality for those residing in Corporation/Municipal area, respectively.

6.    An applicant is not required to give any reason for requesting the information or any other personal details  except those that may be necessary for contacting him.
Disposal of the Request
1.    On receipt of a request for information, the State Public Information Officer shall either give the information on payment of the prescribed fee or reject  the request for any of the  reasons specified in section 8 and 9 of the RTI Act as expeditiously as possible, and in any case within thirty days of the receipt of the request.
2.     Where the information sought for concerns the life  or liberty of a person , the same shall be given within 48 hours of the receipt of the request.
3.      If the decision on the request for information is not given within the prescribed time limit, the request shall be deemed to have been refused.
4.     Where a decision is taken to provide the information on payment of the cost of providing the information,  the Public Information Officer shall send an intimation to the person  making the request giving   details of the  fee representing the cost of providing the information and the calculation made to arrive at the amount,  requesting him to deposit the fees.  The period intervening between the despatch of the above intimation and payment of fees shall be excluded for  the purpose of maximum period in determining  the time limit for  providing the information.
 Fee for providing information
 For providing information, the public authority shall charge the fee at the following rates, in case no separate fee is prescribed:
 a)     rupees two for each page in ‘A4’ size paper.
 b)     actual charge or cost price of the copy in larger size paper.
 c)     actual cost or price for samples or models, maps, plans etc.
 d)    for inspection of records, no fee for the first hour; and a fee of rupees ten for every subsequent thirty minutes or fraction thereof.

        Provided that in the case of public authorities other than the Government Departments, the fee shall be remitted to the account of such public authority as provided in clause (c) and (d) of rule 3 of the Kerala Right to Information (Regulation of Fee and Cost Rules), 2006.

No fees shall be charged from person Below Poverty Line

Persons below poverty line are exempted from payment of application fee and also the fee for providing the information. The Government of Kerala have authorized the  Block Development Officers as the competent authority to issue eligibility certificate to those below poverty line in rural areas and, the Secretary of the Corporation/Municipality for those below poverty line in Corporation/Municipal area. 

Information is  free if the time limit is exceeded
The information shall be provided free of cost where a Public Authority fails to comply with the prescribed time limit.
Rejection of  a request
Where a request is rejected,  the State Public Information Officer shall inform the person making the request -
a.      the reason for such rejection
b.      period within which the appeal may be preferred; and
c.      the particulars of Appellate Authority.
 
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