CAIIB BRBL Module D Unit 26 : Right To Information Act And Obligation Of Public Authorities

30/11/2023

Table of Contents

CAIIB Paper 4 BRBL Module D Unit 26 : Right To Information Act And Obligation Of Public Authorities (New Syllabus)

IIBF has released the New Syllabus Exam Pattern for CAIIB Exam 2023. Following the format of the current exam, CAIIB 2023 will have now four papers. The CAIIB Paper 4 (BANKING REGULATIONS AND BUSINESS LAWS) includes an important topic called “Right To Information Act And Obligation Of Public Authorities”. Every candidate who are appearing for the CAIIB Certification Examination 2023 must understand each unit included in the syllabus.

In this article, we are going to cover all the necessary details of CAIIB Paper 4 (BRBL) Module D (COMMERCIAL & OTHER LAWS WITH REFERENCE TO BANKING OPERATIONS) Unit 26 : Right To Information Act And Obligation Of Public Authorities, Aspirants must go through this article to better understand the topic, Right To Information Act And Obligation Of Public Authorities and practice using our Online Mock Test Series to strengthen their knowledge of Right To Information Act And Obligation Of Public Authorities. Unit 26 : Right To Information Act And Obligation Of Public Authorities

Obligations of Public Authorities

As per Section 4 of The Right to Information Act 2005,

Every public authority shall—

Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time computerized and connected through a network all over the country on different systems so that access to such records is facilitated

Publish within one hundred and twenty days from the enactment of this Act,—

The particulars of its organization, functions and duties
The powers and duties of its officers and employees
the procedure followed in the decision making process, including channels of supervision and accountability
the norms set by it for the discharge of its functions
the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions
A statement of the categories of documents that are held by it or under its control
The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation
A statement of the boards, councils, committees and other bodies consisting of two or more persons
A directory of its officers and employees
The monthly remuneration received by each of its officers and employees, including the system of compensation
The budget allocated to each of its agency,
the manner of execution of subsidy programs, including the amounts allocated and the details of beneficiaries
Particulars of recipients of concessions, permits or authorizations granted by it
Details in respect of the information, available to or held by it, reduced in an electronic form;

Procedure For Obtaining Information

PIO shall deal with requests from persons seeking information and If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within five days, the request to that other public authority and inform the applicant immediately.
PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
PIO, within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified under the Act.
Where the information requested for, concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

Disposal Of Request

If the PIO fails to give a decision on the request within the period specified, he shall be deemed to have refused the request. Where a request has been rejected, the PIO shall communicate to the requester –

The reasons for such rejection
The period within which an appeal against such rejection may be preferred
The particulars of the appellate authority.

The application shall be accompanied by a fee of rupees ten. It may be paid in cash against proper receipt or by demand draft or a banker’s cheque or by Indian Postal Order. The instrument is payable to the accounts officer of the public authority.

Appeal

The Central Government has the powers to constitute a body known as the Central information commission. The State Governments have the power to constitute for the State a body known as the State Information Commission to administer the provisions of the Act where the State Government is the appropriate authority.
Any person who does not receive a decision within the time specified (normally thirty days) or is aggrieved by a decision of the Central Public Information Officer may, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the officer who is senior in rank to the Central Public Information Officer in each public authority.
A second appeal will lie against the decision of the appellate authority before the Central Information Commission (or the State Information Commission) and the same shall have to be preferred within ninety days from the date on which the decision should have been made or was actually received.
The appeal shall be disposed of within thirty days of the receipt of the appeal or within such extended time not exceeding a total of forty-five days from the date of filing thereof. The decision of the Central Information Commission is binding on the parties.

Orders in Appeal

In deciding the appeal, the Central Information Commission may pass the following orders:

Require the public authority to take any steps necessary to secure compliance with the provisions of this Act including
By providing access to information in a particular form
By appointing a Central Public Information Officer; etc.

Require the public authority to compensate the complainant for any loss or other detriment suffered
Impose any of the penalties provided under this Act
Reject the appeal.

Penalties

The Central Information Commission has the power to impose a penalty of two hundred and fifty rupees for each day till the information is furnished subject to a maximum of twenty-five thousand rupees.

The Commission shall give an opportunity to the parties of being heard before imposing any penalty.

The Commission has the power to recommend taking disciplinary action against the Central Public Information Officer under the service rules applicable to him when he is satisfied that the Central Public Information Officer:

Without reasonable cause persistently failed to receive an application for information; or
Has not furnished the information within the time specified; or
With mala fide intent denied the request for information; or
Knowingly given incorrect, incomplete or misleading information; or
Destroyed information which was the subject of request; or
Obstructed in furnishing the information.

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CAIIB Paper 4 (BRBL) Module D Unit 26 ( Ambitious_Baba )