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RTI ACT 2005

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The Government of India has enacted "The Right to Information Act 2005” to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of any public authority.

WHAT IS RIGHT TO INFORMATION?

The right to information includes an access to the information which is held by or under the control of any public authority and includes the right to inspect work, documents, records, taking notes, extracts or certified copies of documents / records and certified samples of the materials and obtaining information which is also stored in electronic form.

WHO CAN ASK FOR INFORMATION?

Any citizen can request for information by making an application in writing or through electronic means in English / Hindi / official language of the area in which the application is being made, together with the prescribed fees.

WHO WILL PROVIDE INFORMATION?

Every public authority shall designate Central Asst. Public Information Officer (CAPIO) at various levels, who will receive the requests for information from the public and necessary number of Central Public Information Officers (CPIO) in all administrative units/ office who will arrange for providing necessary information to the public. The application / request for information must be disposed off either by providing the information or rejecting the request, within a period of 30 days from the date of receipt of request.

APPOINTMENT OF APPELLATE AUTHORITY

Public authorities are also required to designate authority (ies) senior in rank to CPIO, as Appellate Authorities, who will entertain and dispose off appeals against the decision of the CPIO as required under the Act. Any person who does not receive the decision from CPIO either by way of information or rejection within the time frame may, within 30 days from the expiry of period prescribed for furnishing the information or 30 days from the date of receipt of the decision, prefer an appeal to the Appellate Authority.

 PFRDA’s OBLIGATION UNDER THE ACT

Pension Fund Regulatory and Development Authority is a public authority as defined in the Right to Information Act, 2005. As such, Pension Fund Regulatory and Development Authority is obliged to provide information to members of public in accordance with provisions of the said Act.

       SEEKING INFORMATION FROM PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY

PFRDA’s WEBSITE

Pension Fund Regulatory and Development Authority maintains an active website (URL: http://www.pfrda.org.in). All the information released by PFRDA is simultaneously made available on the website in pdf and Word formats. The site is updated regularly.

In keeping with its objective of bringing in greater transparency in its decision making process, PFRDA is committed to release more and more information in public domain.

The details of information that is already available on PFRDA’s Website (http://www.pfrda.org.in) are:-

1.      Details pertaining to composition of  PFRDA, present Board Members and official of the PFRDA

2.      PFRDA Bill, 2005

3.      Preliminary Draft Regulations

4.      Various notifications issued by the Government of India and State Governments

5.      Architecture of the National Pension System

6.      Various policy and research papers

7.      Press releases by the Government of India and PFRDA

8.      Results of survey by ORG Marg-A C Neilson on pension reforms for unorganised sector

9.      Report of the Standing Committee on PFRDA Bill,2005

WHERE DO I SEND MY REQUEST FOR INFORMATION?

You can send your request to the Central Public Information Officer designated by PFRDA under the Right to Information Act, 2005.

CENTRAL PUBLIC INFORMATION OFFICER (CPIO) DESIGNATED BY PFRDA UNDER THE RIGHT TO INFORMATION ACT, 2005

Mr. Akhilesh Kumar, Deputy General Manager

Pension Fund Regulatory and Development Authority

Ist Floor, ICADR Building, Plot No. 6,

Vasant Kunj Institutional Area, Phase - II,

New Delhi - 110070

Tel No. 011- 26897948 - 49, Fax No. 011- 26897938

 

DO I HAVE A RIGHT TO APPEAL?

 

Under the Right to Information Act, 2005 you have the right to appeal if you are not satisfied with the information provided by the Public Information Officer or his decision not to provide the information requested.

 

WHO SHOULD I ADDRESS MY APPEAL TO?

You can address the appeal to the Appellate Authority designated by PFRDA under the Right to Information Act, 2005.

APPELLATE AUTHORITY DESIGNATED BY PFRDA UNDER THE RIGHT TO                    INFORMATION ACT, 2005.

Kamal Kumar Chaudhry, Chief General Manager

Pension Fund Regulatory and Development Authority

Ist Floor, ICADR Building, Plot No. 6,

Vasant Kunj Institutional Area, Phase - II,

New Delhi - 110070

Tel No. 011- 26897942, Fax No. 011- 26897938

E-mail: kamal.chaudhry@pfrda.org.in

 

WHAT IF I AM NOT SATISFIED EVEN WITH THE DECISION OF THE APPELLATE AUTHORITY?

 

Under the Act, if you are not satisfied with the decision of the Appellate Authority within PFRDA, you can appeal to the Central Information Commissioner appointed in terms of Chapter 3 of the Right to Information Act, 2005.

 

CAN PFRDA REFUSE TO GIVE ME INFORMATION?

The Right to Information Act, 2005 under Sections 8 and 9 exempt certain categories of information from disclosures. These include:

  • Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.
  • Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
  • Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
  • Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
  • Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
  • Information received in confidence from foreign Government;
  • Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
  • Information which would impede the process of investigation or apprehension or prosecution of offenders;
  • Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
  • Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

FEE / COST TO GET THE INFORMATION

A request for obtaining information under Section 6(1) of the Act needs to be accompanied by an application fee of Rs.10/- by way of cash against proper receipt or by DD or bankers’ cheque (payable at Delhi) favouring Pension Fund Regulatory and Development Authority.

Request can be sent by post accompanied by application fee of Rs.10/- payable by demand draft or bankers’ cheque.  Application can also be made over fax or email. PFRDA will take up the application for consideration, as required under the Act, only after the application fee has been received.

As per the Right to Information (Regulation of Fee and Cost) Rules, 2005, PFRDA shall charge:

  • Rs.2/- for each page (in A-4 or A-3 size paper) created or copied;
  • actual charge or cost price of a copy in larger size paper;
  • actual cost or price for samples or models; and
  • for inspection of records, no fee for the first hour; and a fee of Rs.5/- for each 15 minutes (or fraction thereof) thereafter.

Further, to provide information under Section 7(5) of the Right to Information Act, 2005, PFRDA shall charge:

  • for information provided in diskette or floppy Rs. 50/- per diskette or floppy; and
  • for information provided in printed form at the price fixed for such publication or Rs. 2/- per page of photocopy for extracts from the publication.

AT WHAT STAGE WILL I HAVE TO PAY THE COST?

If PFRDA has the information and can provide it to you it will, within 30 days of its receiving the application alongwith the fee of Rs.10/-, communicate to you the cost of providing the information as prescribed under Section 7(1) of Right to Information Act.

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