Present
era is the time of free flow of information. Taxpayers of this country have
right to get proper information not only from all Governmental Organizations
(GO) of the country but also from Non-Governmental Organizations (NGO) also.
Freedom of information can ensure transparence, accountability, good governance
and rule of law ultimately among the government activity.
Hence
if you require any information from any government or non-government organization
irrespective of your purpose the organization is obliged to provide that
information within a stipulated time under the obligation of the Right to
Information Act, 2009. Moreover, Govt. and some specified NGOs are bound to
appoint information officer for this purpose under the provision of this Act. Moreover,
you can get relevant information from local Govt. institutions like: City
Corporation, Municipality (Paurashava)
or Union Parishad about their local
budget, rate of taxes, development projects, aged allowance, widow allowance, Vulnerable
Group Feeding (VGF), Vulnerable Group Development (VGD) etc.
How to apply: To
get any information from any organization, you will have to apply in writing either
on the form prescribed by the authority (available on the Information
Commission’s web site) or on white paper or even electronically through fax/email
to the designated information officer of the concern office. If there is no designated officer yet in that
workplace then address your application to the head of that office.
You
must write your name, address, fax number/email address (if applicable), detail
particulars about the information required, any other relevant information (if
any), means to get information ie you may have a desire to inspect the
document/resolution/decision/materials, you may take note from that document,
you can get a copy on paper or in CD by paying reasonable expense etc.
However,
Government will supply some information free of cost periodically. The officer
is obliged to provide requisite information within twenty days from the date of
receipt of such application. Nevertheless, he/she will get additional ten days
if your required information is connected with more than one authority.
But
if the information is linked with individual’s life-death, arrest, release from
prison then the officer will present primary information regarding these within
24 hours. Nonetheless, if the information officeholder is being unable to
provide the information, he/she will contact the matter with the applicant
within ten days from the date of receiving application. In addition, it is the
duty of the designated official to deliver all sorts of help to the disable
(differently able) applicant to acquire the information accordingly.
Information which will not be
disclosed: You are not entitled to seek information
concerning confidential/personal matter, affairs associated with state security
and sovereignty, information affecting foreign relationship, confidential info
acquired from foreign state, info hampering privileges of parliament,
information regarding intellectual properties/business secret, contemptuous
info, information hampering interest of any authority, information which create
obstacle to apply any law, info affecting pending trial before the court, issue
correlated with public interest, violation of right to privacy, information
regarding any investigation or inquiry etc.
You
are also not authorized to seek information from some particular state
intelligence and security forces like: Defense Detective Unites, NSI, DGFI,
SSF, CID, SB, Detective cell of NBR and RAB etc. Nonetheless, it is crucial to
remind that if the information sought is allied with corruption or violation of
human rights by these forces then the alleged organization is liable to
circulate concern information regarding the allegation within 30 days under the
RTI Act.
What you ought to do in case of
failure to obtain information: If the claimant is
failed to gain his/her desired information within the stipulated time or if the
concern official does not deliver him/her the information or if the applicant
is aggrieved against any decision of that officer then he/she can file an
appeal before the appellate authority within thirty days from the date of such
decision. Appellate authority specified under this law is the immediate
superior office/authority/organization/unit of which the information was sought
firstly. However, the appellate authority has a discretionary power to extent
the time after showing proper cause of delay by the appellant.
The
appellate authority will direct the officer to distribute the information
within fifteen days from the date of application or after considering material
facts the authority can reject and dismiss the application. However, in that
case the appellant can go the Information Commission to bring allegation about
such denial by the appellate authority.
Moreover,
the information seeker can bring application to the Information Commission
within 30 days for rejection of preliminary application by the information
officer, refusal to take the application, no appointment of officer, denial of
the demand to get information, no answer from the officer, reluctant to provide
information, lapse of the stipulated time to supply the info, insufficient/incorrect
info etc. However, the commission has a power to admit the appeal after lapse
of the mentioned time.
The
commission has also authority to summon any person, can inspect document, can
promulgate order to present information, can take evidence after oath or even
can conduct inquiry about that allegation, if necessary. The inquiry will has
to finish and declare decision within 30 days. However, the commission will try
to conclude the dispute within 45 days but shall not extend more than 75 days from
the date of receipt of the allegation.
The
commission after proving the accusation can impose fine upon the guilty and can
recommend to take departmental action against him/her to his/her concern
department of service. However, the alleged has an opportunity to defend
himself/herself or if it is involve with any third party then that party has
also an scope to represent himself/herself before the commission.
After
completion of the hearing of both the parties the commission may direct the
officer to supply the info, disclosure of particular information, bring
necessary changes to provide info, arrange such essential training on this law
for the officer or may order the concern to appoint information officer. Alternatively,
the commission can dismiss an application after giving proper opportunity to
the concern party. However, the Information Commission will contact its
decision to the parties in writing.
You
may appear personally or through lawyer to represent your appeal before the
Information Commission. The office of the commission is situated at Agargaon,
Dhaka. You can take more assistance and be able to download various forms from its
web site www.infocom.gov.bd.
No comments:
Post a Comment