Present era is the time of free flow of information. Taxpayers of the country have the right to get proper information not only from all government organisations, but also from non-government organisations (NGOs). Freedom of information ensures transparencey, accountability, good governance and rule of law.
Hence, if you require any information from any government or non-government organisation irrespective of your purpose, the organisation is obliged to provide the information within a specified time under the the Right to Information Act, 2009.
Moreover, the government and some specified NGOs are bound to appoint an information officer for this purpose under the provision of this Act. People can get relevant information from local government institutions, eg city corporation, municipality (paurashava) or union parishad about their budget, rate of taxes, development projects, old-age allowance, widow allowance, vulnerable group feeding (VGF), and vulnerable group development (VGD) facilities.
How to apply for information
To get any information from any organisation, one 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 concerned office. If there is no designated officer in that workplace, the application may be addressed to the head of that organisation.
The applicant must mention his/her name, address, phone/fax number, email address (if applicable), detailed particulars about the information required, any other relevant information, means to get information, eg inspection of any document/resolution/decision/materials, taking notes from any document, getting a print or electronic copy of the document paying reasonable fees, etc.
The concerned officer is obliged to provide requisite information within 20 days from the date of receipt of such application.
Nevertheless, he/she will get an additional 10 days if the required information is connected with more than one authority.
Moreover, if the information is related to any individual’s life, death, arrest, release from prison, the officer will present primary information within 24 hours. It is also the duty of the designated officer to deliver all necessary support to any differently abled applicant to get information.
Information which will not be disclosed
The following information shall not be disclosed:
l Information concerning confidential/personal matter
l Affairs associated with state security and sovereignty
l Information affecting foreign relationship
l Confidential information acquired from any foreign state
l Information hampering privileges of parliament members
l Information regarding intellectual properties/trade secrets of any other party
l Contemptuous information
l Information that may affect a trial pending before the court
l Information that may violate right to privacy
l Information regarding any investigation or inquiry, etc.
Additionally, information from some particular state intelligence and security force shall not be disclosed. However, if the information sought is related to corruption or violation of human rights by these forces then the alleged organisation is liable to circulate concerned information regarding the allegation within 30 days under the RTI Act.
Failure to obtain information
If the applicant fails to gain his/her desired information within the stipulated time, or if the concerned officer does not deliver the information, or if the applicant is aggrieved against any decision of that officer, he/she can file an appeal before the appellate authority within 30 days from the date of such decision.
Appellate authority is the immediate superior officer from whom the information is sought. However, the appellate authority has a discretionary power to extent the time limit to provide any information.
The appellate authority may direct the concerned officer to disburse the information within 15 days from the date of application. The appellate authority can also reject the application after considering relevant facts. However, the appellant can go to the information commission to defend such denial by the appellate authority.
Procedure to file an appeal to the information commission
The applicant can bring an application to the information commission within 30 days from the rejection of preliminary application by the information officer, refusal to take the application, no appointment of information officer, denial of the demand to get information, no answer from the officer, reluctance to provide information, lapse of the stipulated time to provide information, insufficient/incorrect information, etc.
The commission also has authority to summon any person, inspect any document, promulgate an order to present information, take evidence on oath, and conduct inquiry about that allegation, if necessary. The inquiry will have to be finished and decision declared within 30 days. The commission will try to conclude the dispute within 45 days, but shall not take more than 75 days from the date of receipt of such allegation.
The commission, if guilt is proved, is authorised to impose fine upon the guilty and can also recommend to take departmental action against him/her. The alleged officer has an opportunity to defend himself/herself, or if any third party is involved in the incident, that party also has an opportunity to represent itself before the commission.
After hearing of both the parties the commission may direct the concerned officer to provide the information, disclose particular information, bring necessary changes to provide information, arrange such essential training on this law for the officer or may order the concerned organisation to appoint an information officer.
Alternatively, the commission may dismiss an application after giving the concerned parties an opportunity to be heard. However, the information commission will convey its decision to the concerned parties in writing.
One may appear personally or through a lawyer to lodge his/her appeal before the information commission. The office of the commission is situated at Agargaon, Dhaka. People can take more assistance and can download various forms from the commission’s website - www.infocom.gov.bd.
