JAIIB PPB Paper-2 Module-A Unit 21: The Right To Information Act, 2005

09/03/2023

Table of Contents

JAIIB Paper 2 (PPB) Module A Unit 21:The Right To Information Act, 2005(New Syllabus)

The Institute of Indian Banking and Finance (IIBF) has recently announced the revised syllabus and exam format for the JAIIB Exam 2023. The upcoming exam will comprise of four papers, with Paper 2 (Principles & Practices of Banking) covering Unit 21: The Right To Information Act, 2005. This particular unit holds significant importance for candidates, as it will greatly impact their performance in the exam.

To assist candidates in comprehending the topic, we will provide all the necessary details related to Unit 21: The Right To Information Act, 2005 of JAIIB Paper 2 (PPB) Module A: General Banking Operations. We strongly recommend candidates to refer to this article and also utilize our Online Mock Test Series to enhance their understanding of Foreign Currency Accounts for Residents and other related aspects.

For candidates appearing for the JAIIB Certification Examination 2023, it is essential to comprehend each unit in the syllabus, including the Marketing unit. This unit holds great importance in the banking industry, and candidates must prepare thoroughly to excel in the exam and establish a successful career in the banking sector.

RTI 2005

The Right to Information Act, 2005 was enacted with intent to provide for setting out the practical regime for citizens to get to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.
This Act extends to whole of India. All public sector banks and other institutions owned and controlled by the Government are public authorities and are required to comply with the provisions of the Act.
RTI provides for exemption from disclosure of certain information including commercial confidence trade secrets, that would harm the competitive position of a third party. The Act exempts disclosure of personal information which has no relation to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual.
Section 3 of the Act states: “Subject to the provisions of this Act, all citizens shall have the right to information.” Thus the right to information is conferred upon the citizens of India.

Obligations Of Public Authorities

Maintaining Records
Disclosures
Relevant facts for policies
Reasons for decisions
Providing information suo motu
Wide dissemination
Easy Access and Reasonable Price

Designation Of Public Information Officers

Public Information Officers: Every public authority is required to designate Central/ State Public Information Officers in all administrative units or offices to provide information to persons requesting for the information under this Act.
Assistant Public Information Officers: Every public authority is required to designate an officer, at each sub-divisional level or other sub-district level as a Central/ State Assistant Public Information Officer to receive applications for information or appeals under this Act for forwarding the same to the Central/ State Public Information Officer or to the Central/ State Information Commission.
Assistance of Other Officers: The Central/ State Public Information Officer may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties. Such officer shall render all assistance to the PIO and for any contravention of this Act, such other officer shall be treated as a PIO.

Procedure For Obtaining Information

A person shall make a request, specifying the particulars of information sought, in writing or through electronic means in English/ Hindi/official language of the area in which the application is being made, along with the prescribed fee to the concerned Central or State Public Information Officer.
No reason or any other personal details are requried to be given for making request for information.

Disposal Of Request

Norms Of Disposal

Time Limit
Intimation for additional fee
Access to disabled
Additional fee for printed or electronic for
Delay in providing information
Rejection of request
Form of information
Partial Information
Payment of fees

Transfer of request

If an application received by a public authority seeks information, which is held by another public authority; or the subject matter is more closely connected with the functions of another public authority, it or a part of it shall be transferred within 5 days of receipt.

Third Party Information

Where a Central Public Information Officer considers disclosing any information or record or part thereof which relates to or has been supplied by a third party and has been treated as confidential by that third party, it shall decide after consulting it.

Rejection of the request

The request for Information may be rejected where it would involve an infringement of copyright subsisting in a person

Information Exempt from disclosure

Disclosure expressly forbidden by law or may constitute contempt of court
Disclosure would cause a breach of privilege of Parliament or of the State Legislature
Relating to commercial confidence, trade secrets or intellectual property
Available to a person in his fiduciary relationship
Received in confidence from foreign Government
Disclosure would endanger the life or physical safety of any person
Would impede the process of investigation or apprehension or prosecution of offenders
Cabinet papers

Appeal

The Central/ State Information Commission will receive and inquire into complaint from a person:

(a) Who is not able to submit a request to or whose request or appeal has not been received by a Central Public Information Officer;

(b) who has been refused access to information;

(d) who has been required to pay unreasonable fee;

(e) who believes he has been given incomplete, misleading or false information; and

(f) in respect of any other matter under this Act.

A person who has not received within the time specified or is aggrieved by a decision of Central Public Information Officer may, within thirty days appeal to the officer who is senior in rank to the CPIO.
If the appeal is against the third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
A second appeal against the decision of the appellate authority may be made before the Central/ State Information Commission within ninety days from the date the decision should have been made or was actually received. The decision of the Central Information Commission is binding on the parties.

Central Information Commission

The Central Information Commission shall consist of:

The Chief Information Commissioner; and
Central Information Commissioners, not exceeding ten.

They are appointed by the President on the recommendation of a committee consisting of:

The Prime Minister – Chairperson
The Leader of Opposition in the Lok Sabha and
A Union Cabinet Minister (nominated by the Prime Minister).
The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
They shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
They shall hold office for 3 years or the tenure as prescribed by the Central Government or up to the age of 65 years, whichever is earlier, and shall not be eligible for reappointment.
An Information Commissioner on vacating the Office is eligible for appointment as the Chief Information Commissioner.
The headquarters of the Central Information Commission shall be at Delhi and may, establish offices at other places in India.

State Information Commission

The State Information Commission shall consist of:

The State Chief Information Commissioner; and
State Information Commissioners, not exceeding ten.

They are appointed by the Governor on the recommendation of a committee consisting of:

The Chief Minister – the Chairperson
The Leader of Opposition in the Legislative Assembly and
A Cabinet Minister (nominated by the Chief Minister).

They shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

They shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
They shall hold office for 3 years or the tenure as prescribed by the Central Government or up to the age of 65 years, whichever is earlier, and shall not be eligible for reappointment.
A State Information Commissioner on vacating the Office shall be eligible for appointment as the State Chief Information Commissioner.

Penalties

The Central Information Commission may impose a penalty of `250 for each day till the information is furnished subject to a maximum of `25,000, after giving to the parties an opportunity to be heard. The Commission may recommend disciplinary action against the Central Public Information Officer under the service rules if he:

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

Act To Have Overriding Effect

No court shall entertain any suit, application or other proceeding in respect of any order made under RTI Act,2005.
The Act does not apply to the intelligence and security organisations specified in the Second Schedule of the Act, being organisations established by the Central Government and State Government or any information furnished by them to government.
In the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission and State Information Commission respectively.

JAIIB PPB Module A Unit 21 The Right To Information Act, 2005 (Ambitious Baba) PDF