Citizens will now be able to obtain information from courts in the state under the Right to Information Act, 2005, following a notification issued by the government on September 17, 2009.
The new rules published in the notification will be applicable mutatis mutandis , to the industrial and labour courts, administrative tribunal and all other subordinate courts and tribunals in Goa.
The rules to obtain information under the RTI Act from courts in the state have been framed by the Chief Justice of the High Court of Judicature at Bombay, exercising powers conferred by Section 28 of the RTI Act.
As per the rules, the public information officer (PIO) has to decide whether the information asked for by applicants can be provided or if the inspection of records can be carried out as per rules.
A person who desires to obtain information under the RTI Act will have to requisition in a signed application to the PIO. The application has to be accompanied by payment of Rs 10 and a self-addressed envelope bearing postal stamps. On producing proof of belonging to a BPL family, the information will be provided free of cost to the applicant. Applicants can also ask for information with respect to a third party and information in respect of judicial proceedings or records.
If the PIO decides that the information can be provided, then he has to inform the applicant about the fee prescribed for supplying such information and approximate postal charges. After receipt of the prescribed fee, a date not exceeding seven days has to be fixed for preparation and providing information to the applicant. If, for any reason the information cannot be provided by the prescribed date, next date has to be given to the applicant within seven days and such subsequent dates can be fixed. But, the total extended period should not exceed more than 30 days.
The PIO has to give the records to the applicant for inspection in his presence between 2pm and 5pm. During inspection of the records, if the applicant wishes to make notes, he is allowed to make them on a plain paper in pencil and the PIO has to inspect the notes and see that the records are not tampered with. No fee will be charged for the first hour of inspection of records and Rs 5 will be charged for inspection of records for each subsequent hour. When the information is readily available, Rs 2 will be charged for each page photocopied and Rs 5 will be charged for typed and computer printed copies.
The information specified under Section 8 of the Act which shall not be disclosed includes, information which relates to judicial functions and duties of the courts and matters incidental; information which has been expressly forbidden to be published by the court or the disclosure whereof may constitute contempt of court; or information which includes commercial confidence, trade secrets or intellectual property; information which would impede the process of investigation, apprehension or prosecution of offenders; or information which relates to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual; information which is contained in published material available to the public or which is available on the website.
In case of decisions which are taken administratively or quasi judicially, such information will be made available only to the affected persons. Applicants also have the right to appeal.
sent by : Xavier Cota
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