RTI STATUS IN J&K

The Central Right to Information Act, 2005, applies to all the States and Union Territories of India, Except the State Government  of Jammu & Kashmir (J&K). None the less, the CRTI 2005 applies to Union Government offices within J&K Act.

The J&K Right to Information Act,2009 applies to the State Government of Jammu & Kashmir and all of its subsidiaries  since 20 March 2009. The enactment of the J&K RTI Act 2009 follows several years of activism by citizens groups to repeal the erstwhile J&K RTI Act 2004 & the J&K RTI Amendment Act 2008.

For matters relating to human rights with partially exempt Central Forces in J&K (like BSF, CRPF, CBI, IB, RAW, etc) citizens may apply to the Chief Information Commission in Delhi (Under Section 24 of Central RTI Act – 2005). For human rights and other maters relating to Indian Armed Forces (ex. Indian Army)in J&K, citizens may apply directly to the designated PIO’s of the respective  forces as they are not exempted from the Central RTI. For matter relating to human rights with State Forces (ex. Police, Special Operational Group) citizens may apply directly to the J&K Police, as they are not exempted under the J&K RTI Act 2009.

RTI SUCCESS STORIES



J&K State Information Commission
Jammu Office:

Wazarat  Road,

Near DC Office Jammu

0191-2520927. 0191- 2520947,

0191-2520937

email: Informationcommission@gmail.com

Secretary: 0191-2475234 (dysecysic-jk@nic.in)


J&K State Information Commission
Srinagar Office:

Srinagar Old Assembly Complex
Srinagar, 190009.
Main: 0194-2484268/9
Secretary: 0194-2484267
Secy: Shafiq Ahmad Raina, IAS
Email: Informationcommission@gmail.com
IMPORTANT LINKS UNDER J&K RTI ACT
(1) For filling an online RTI application  
CLICK HERE

(2) know the APIO'S/PIO'S/FAA of different Departments in the Government of Jammu and Kashmir  
CLICK HERE
(3) List of APIO'S/PIO's/FAA along with their contact details
CLICK HERE

DOWNLOADS UNDER J&K RTI ACT 2009

FORM FOR REQUEST OF INFORMATION         (FORM 1)
ACKNOWLEDGE OF APPLICATION                  (FORM 2)
FORM FOR SUPPLY OF APPLICATION             (FORM 3)
REJECTION ORDER APPLICATION                   (FORM 4)
FORM FOR 1st APPEAL UNDER JKRTI 2009      (FORM 5)




Here is all you want to know about the J&K RIGHT TO INFORMATION ACT (JK RTI Act 2009)

Do you want to know ?
 Why the roads in your neighbourhood are in bad shape? How much money was sanctioned and how much spend on the repairs ?
 How many posts fall vacant in Govt offices and who is responsible for advertising them?
 What kinds of services are you entitled to receive in Govt.hospitals ?
 Why are you not getting state subject certificate without paying bribe ?
 Why is not ration available at the CAPD store?
Have you tried to contact the government offices in the past to get answers to such questions ?
Chances are, despite several visits you might not have received a satisfactory reply.
The Situation has changed now. Since 20th March 2009 the J&K Right to Information Act 2009 (RTI Act) is implemented all over the state of Jammu & Kashmir. All the Government offices are duty bound to give you information about such and other questions.

Seek Information – it is your fundamental right.
Every time you buy something from a shop you pay sales tax/VAT/Excise duty etc. along with the price of the item. Every citizen of J&K State or any other state in the country pays tax. The Government collects taxes from you to pay salaries to officers and undertakes developmental works meant for your benefit.
So when you elect the Government and you pay taxes , should you not hold the Government accountable for what it does in your name ?

Under J&K Right to Information Act, 2009
You can seek and receive information from any Government officebe it your Panchayat office, office of the Municipal Ward Officer or office of the  Chief Minister; even the office of the President of India
Public Information Officers (PIO’s) have been appointed in all the State as well as Central Government offices to deal with RTI related applications received from citizens.
Every PIO has a duty to provide you access to Government records anddocuments . If any information cannot be given, the PIO has a duty to tell you the reason.
As a citizen you have the right to seek and receive all information that an MP or MLA can get from the Government.

Proactive or Voluntary Disclosure :
Every Government department, semi Government organization , public sector bank with more than 50% Govt share , board or a corporation should proactively or voluntarily give you the following information . It is better to have this information digitized and put on the website of the department.
Name , designation , powers, duties , responsibilities and salaries of all the officers working in that particular organization.
The decision making procedure in all matters and the norms set for taking action on any matter, details of all rules , regulations, instructions, manuals and guidelines used by officers in their work.
A list of all categories of records available in their offices.
The proposed budget, allocation of funds and reports about their distribution.The manner of implementation of subsidy schemes, list of beneficiaries and amount of funds sanctioned to them.
Details of recipients of any permit, authorization or concession issued.
Name and designation of Public Information Officers (PIO) , Assistant PIO and 1st Appellate Authority.
All this information should be available with the PIO. The PIO has a duty to give you all this information on demand. There is no need to submit a written application or pay application fees. The PIO may charge you for printouts orphotocopies.

Now under  RTI Act you have the right to :
 Inspect Government files and records and take notes and extracts
 Seek and receive certified copies of Government records
 Inspect on the spot public works such as construction of roads and buildings
 Collect certified samples of material used in public works and offices
 Seek and receive copies of information held in electronic format such as CDs, pendrives, computers etc.
 Accessing other kind of Information

Besides the information that public authorities are required to give you on their own, you have the right to seek and receive other information which may be in the form of records, documents,memos,emails,circulars,file notes,advice,log books,contracts,reports,papers,samples etc
You should submit a written application along with the application fee to the PIO of the office which may have the information you require. You may send your application by post or email.
It is not compulsory to use pre printed forms or application formats for filing RTI application. The PIO has a duty to receive applications written/ typed on plain paper as well.

THE FEES UNDER J&K RTI Act 2009 HAS BEEN REDUCED TO RS 10.00 UNDER THE AMMENDED  J&K RTI Act 2012 AND IS TO BE PAID IN THE FORM OF IPO (INDIAN POSTAL ORDER)  WHICH IS EASILY AVAILABLE IN ANY POST OFFICE.


The PIO does not have the power to ask you why you need the information. You have the right to seek information without giving any explanation to any officer.
The PIO has a duty to give you a written acknowledgement upon receiving your application.
If the information you want is not available in the public authority (office) where the PIO is working , it is his / her duty to transfer the application within 5 days to such other public authority that is likely to have it. He should inform you of the transfer of application in writing. You need not to pay application fees once again
The PIO may charge you additional fees for providing copies of records. He will inform you of the additional fees in writing .
If you think the additional fee charged is very high, then you have the right to seek a review before the Appellate Authority or the relevant Information Commission.
The PIO has a duty to give you information you want or inform you in writing why it cannot be given, if the information falls under purview of Section 8 of JK RTI Act 2009, within 30 days. (Add 5 days if the application is transferred from one office to other)

Life & Liberty Clause:
If the information you have requested relates to Life and Liberty of any person  then the PIO has a duty to provide the same within 48 hours only, (example if some body is arrested by police or security forces)
However PIO may refuse to give you Information under RTI if :
Disclosure will harm the sovereignty, integrity , security , strategic or economic interests of India
Disclosure may provoke anybody to commit a crime
Disclosure may lead to contempt of court or if any court or tribunal has ordered that the requested information should not be disclosed.
Disclosure may endanger the life or safety of a person
Disclosure is likely to put obstacles in the process of investigation of crimes or arrest or prosecution of offenders
Disclosures will reveal the trade secrets or other similar information of commercial bodies and harm their ability to compete with others
If it is personal information and no public interest is served by disclosing it.
However, even if the information you want belongs to any of these categories the PIO has a duty to give it to you if public interest is likely to be served better by such disclosure

What can you do if you do not get the information?
If the PIORefuses to receive your RTI application, does not give the information within the time limit, demands additional fees which you think is unreasonably high, does not reply to your application at all, denies access to information in an unreasonable manner, gives you false, misleading or incomplete information or destroys the records whose copies you had requested. You have right to file an appeal with the same public authority within 30 days. Every public authority has appointed an officer senior in rank to the PIO as 1st Appellate Authority. For contact details of  PIO’s & Appellate Authorities  please visit the following website of General Administration Department J&K Government and for Central Government offices.


You may also directly file a complaint under section 15 of J&K RTI Act 2009 in State Information Commission. In matters related to the offices under the Central Government , file your complaint with the Central Information Commission Central Information Commission
In matters related to offices under the Jammu & Kashmir Government or district administration file your complaint with the J&K State Information Commission. You may also file a second appeal with the appropriate Information Commission if you do not receive a satisfactory decision from the Appellate Authoritymentioned above.
Information Commissions have a power of Civil Court to conduct enquiries into your complaints / second appeals. If the PIO or any other officer is found guilty of wrongdoing under the RTI Act, then the Information Commission may Impose a penalty of Rs 250/- per day up to a maximum of Rs 25,000/. Also recommend disciplinary action against any PIO who is found violating the Act.
In any appeal or complaint case it is  the PIO’s  responsibility to justify why you should not be given the information. You need not give reasons explaining why you want the information. But you are free to argue why the information should be disclosed in public interest.

Are you up to the challenge?
Today lakhs of people across India are using the RTI Act to hold the government accountable. Do you want to join this Movement?

RTI ACTIVISTS IN JAMMU AND KASHMIR