Академический Документы
Профессиональный Документы
Культура Документы
2005
Introduction.
Government runs on the money paid
by people as taxes.Therefore, People
have a right to know how their
money is being used. Right to
Information allows people to do that.
In a democracy, people are the
masters. Government exists to serve
them. People have a right to know
how they are being governed
Right to Information
It includes the right to - inspect works,
documents, records.
take notes, extracts or certified copies
of documents or records.
take certified samples of material.
obtain information in form of printouts,
diskettes,
floppies,
tapes,
video
cassettes or in any other electronic
mode or through printouts.[S.2(j)]
Contd.Information not
open to disclosure
6.
Public information
Officers
PIOs are officers designated by the public
authorities in all administrative units or offices
under it to provide information to the
citizens requesting for information under the
Act.
Any officer, whose assistance has been
sought by the PIO for the proper discharge of
his or her duties, shall render all assistance
and for the purpose of contraventions of the
provisions of this Act, such other officer shall
be treated as a PIO.
Duties of a PIO
PIOs shall deal with requests from persons seeking information and
where the request cannot be made in writing, to render reasonable assistance
to the person to reduce the same in writing.
If the information requested for is held by or its subject matter is closely
connected with the function of another public authority, the PIO shall
transfer, within 5 days, the request to that other public authority and inform
the applicant immediately.
PIO may seek the assistance of any other officer for the proper discharge
of his/her duties.
PIO, on receipt of a request, shall as expeditiously as possible, and in any case
within 30 days of the receipt of the request, either provide the information
on payment of such fee as may be prescribed or reject the request for
any of the reasons specified in S.8 or S.9.
Where the information requested for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of the
receipt of the request.
If the PIO fails to give decision on the request within the period
specified, he shall be deemed to have refused the request.
Penalty provisions
Every PIO will be liable for fine of Rs. 250 per day, up to a
maximum of Rs. 25,000/-, for - not accepting an application;
1. delaying information release without reasonable cause;
2. malafidely denying information;
3. knowingly giving incomplete, incorrect, misleading
information;
4. destroying information that has been requested and
5. obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State
levels will have the power to impose this penalty. The
Information Commission can also recommend disciplinary
action for violation of the law against an erring PIO. (S.20)
Contd Introduction
In discharge of its international
responsibility
Government of India enacted a new
Law in the year 2000 known as
Information Technology Act
OBJECTIVES of the Act.
(1) to grant legal recognition to
transaction carried out by means of
electronic data interchange and
other means of electronic commonly
Contd objective
in place of paper based methods of
communication
(ii) To give legal recognition to digital
signature for authentication of any
information or matter which requires
authentication under any Law.
(iii) To facilitate electronic filing of
documents with Government departments
(iv) To facilitate electronic storage of Data.
(v) To facilitate and give legal sanction to
Contd.. Objective Of
Information Technology Act
Institutions.
6. to give legal recognition for
keeping Books of Accounts by
Bankers in electronic form
7. To make amendments in The
Penal code , Indian Evidence Act,RBI
Act, so that the offences relating to
documents and paper based
transactions are made equal to the
offences in respect of transactions
Definitions
Definitions of Some of the terms
used in various sections of the Cyber
law is as follows:
1. Access : It means gaining entry
in to. Instructing or communicating
with the logical , arithematical, or
memory function resources of a
computer , computer system Or
computer network. It also means an
opportunity or ability to enter,
Addressee
Means a person who is intended by
the originator to receive the
electronic record but does not
include any intermediary.
Affixing digital signature means
adoption of any methodology or
procedure by a person for the
purpose of authenticating an
electronic record by means of digital
signature.
Contd. Definitions
A symmetric Crypto System a
system of secure key pair consisting
of private key for creating a digital
signature and public key to verify
the digital signature.
Certifying Authority A person
who has been granted a licence to
issue digital signature certificate
under section24 of The Information
Technology Act 2000 .
Contd.
Appropriate Government :
The state Govt. will administer the
Act in respect of 66 matters
enumerated in List II of the seventh
Schedule..i.e the e-commerce
transaction between two parties who
reside with in the same state will be
administered by the STATE Govt. The
Central Govt. will administer the law
in respect of all other matters.
Defnition Contd
Digital Signature means
authentication of any electronic
record by a subscriber by means of
an electronic method or procedure in
accordance with the provisions of
section 3 of the Act.
A digital signature can be used as a
verification tool by any person who has
got access to users public key.
Electronic Form
Contd definitions
With reference to
information,ELECTRONIC FORM
means information generated,sent,
received, or stored in media,
magnetic, optical, computer
memory, micro-film, or similar
device.
Key pair
Information Technology
Act recognises asymmetric crypto
system, where two separate keys are
Salient Features of
Information Technology Act
2000
1. Electronic Governance.
The procedure to be followed for
sending and receiving electronic
records are specified in sections 4 to
10 of chapter III of the Act.The time
and the place of the dispatch and
receipt of the records are also
specified in this chapter.