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.
J&K State Information Commission
Near DC Office Jammu
0191-2520927. 0191- 2520947,
email: Informationcommission@gmail.comSecretary: 0191-2475234 (email@example.com)
J&K State Information Commission
Srinagar Old Assembly Complex
Secy: Shafiq Ahmad Raina, IAS
IMPORTANT LINKS UNDER J&K RTI ACT(1) For filling an online RTI application
(2) know the APIO'S/PIO'S/FAA of different Departments in the Government of Jammu and Kashmir
(3) List of APIO'S/PIO's/FAA along with their contact details
RELATED LINKS NATIONAL HUMAN RIGHTS COMMISSION
RTI LINKS FOR ALL CENTRAL MINISTRIES
DOWNLOADS UNDER J&K RTI ACT 2009
Here is all you want to know about the J&K RIGHT TO INFORMATION ACT (JK RTI Act 2009)
Do you want to know ?
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.