1. Q: Do all people have the right to get information?
Answer: Section-4 of the Right to Information Act-2009 guarantees that every citizen has the right to information and the concerned authority is obligated to provide information at the request of a person.
2. Q: Is there any explanation provided in the Act on the definition of information?
Answer: Section-2(f) of the Act clearly classifies information. For example, Information means any memo, book, design, map, agreement, information-data, log book, order, notice, document, sample, letter, statement, accounts, project proposal, photographs, audio-video, painting, film, electronically made instrument, machine readable documents and any informational material or its replica with regards to formation and functioning of any organization. However, any official note sheet or copy of a note sheet will not be included.
Answer: As per section-10 of the Right to Information Act, every authority will appoint a Designated Officer within 60 days of the entry of this Act into force.
4. Q: Which organizations will appoint a ‘Designated Information Officer’?
Answer: As per Section-2(b) and 2(d) of the Right to Information Act-2009, the following organizations/offices will appoint Designated Information Officers in their head, divisional, district and upazila offices:
(a) Any constitutional body of the People’s Republic of Bangladesh;
(a) Any constitutional body of the People’s Republic of Bangladesh;
(b) Ministries, Divisions and Offices established as per the Rules under Article 55(6) of the Constitution of Bangladesh;
(c) All statutory bodies;
(d) Private organizations operated by the Government financing or supported by a grant from government funds;
(e) Non-government organizations receiving with foreign assistance;
(f) Any private organization commissioned for any public work as per contract with the Government or any organization of the Government.
(g) Organizations to be determined by the government through gazette notification from time to time.
5. Q: What should a Designated Officer do and not do while giving information?
Answer: As per section-9 of the Right to Information Act-2009, a Designated officer should do the following while giving information:
(a) The Designated Officer will provide information within a maximum 20 working days of receipt of an application from a citizen.
(b) The information should be given within 30 working days if more than one unit or authorities are involved with the information.
(c) If the Designated Officer for any reason is unable to provide information, he/she will inform the applicant within 10 working days of the reason.
(d) The Designated Officer will provide primary information within 24 hours of receiving any application if it is related to any matter of life, death, arrest or release of a person from jail.
(e) If the Designated Officer possesses the information to be supplied to the applicants, he/she will ascertain a fair price of the information and the applicant will be requested to pay the price within five working days.
(f) If a third party is involved with providing the information, the Designated officer will issue a notice to the third party to provide a written or verbal opinion within five working days of receiving the request.
(g) After receiving the opinion of the third party, the Designated officer will take decision about giving information to the applicant after consideration.
(h) A request for information for which provision is not mandatory should not be rejected outright. The portion of the information that is not mandatory for disclosure may be logically withheld and the remaining information may be provided to the applicant.
The Designated Officer will help the physically impaired persons in getting information.
The Designated Officer will help the physically impaired persons in getting information.
According to Section-7 of the Act, it is not mandatory for a Designated Officer to provide information on 20 matters in the schedule under Section-32 of the Act and eight organizations are exempted from giving information. However, these organizations with prior approval of the Information Commission must provide information if it is related to corruption issues or violation of human rights.
6. Q: How will poor and illiterate women collect information and what does the Act say concerning underprivileged women?
Answer: As per Section-4 of the Act, every person has the right to get information and the concerned authority is obligated to provide information at the request of a person. Nothing is mentioned for poor or illiterate women as the law is equal for all citizens. However, an illiterate person may apply for information by giving one’s finger print as per the law.
7. Q: What action will be taken against the officials who say they are not obliged to give information?
Answer: As per Section-9 of the Right to Information Act, a Designated Officer is bound to respond to an applicant within the stipulated time. In case of failure of the Designated Officer to do so, the applicant, under Section-24 of the Act, may appeal to the appellate authority within the next 30 days.
Within 15 days the appellate authority will either give directives to the concerned Designated Officer to provide information or reject the appeal if it found to lack grounds. If the applicant becomes aggrieved with the decision, he/she may submit a complaint with the Information Commission within the next 30 days according to section-25.
The Information Commission will arrange a hearing of all concerned parties and take a decision in this regard within 45 days.
However, time for resolution of the complaint may be extended in case the statement of a person or investigation is required. In any case,, the extended time must not be more than 75 days. If the Designated Officer is found guilty in the investigation, the commission may recommend for departmental punishment including fine.
Within 15 days the appellate authority will either give directives to the concerned Designated Officer to provide information or reject the appeal if it found to lack grounds. If the applicant becomes aggrieved with the decision, he/she may submit a complaint with the Information Commission within the next 30 days according to section-25.
The Information Commission will arrange a hearing of all concerned parties and take a decision in this regard within 45 days.
However, time for resolution of the complaint may be extended in case the statement of a person or investigation is required. In any case,, the extended time must not be more than 75 days. If the Designated Officer is found guilty in the investigation, the commission may recommend for departmental punishment including fine.
8. Q: Between the 1923 Secrecy Act and the 2009 Right to Information Act which will be given precedence while providing information?
Answer: The 2009 Right to Information Act will have precedence for those sections of the Secrecy Act-1923 which are contrary to the provision of information (Section-3).
9. Q: What action can the Information Commission take in a case where an organization gives wrong information?
Answer: As per section-13(e) of the Act, the Information Commission have the power to receive any complaint against any organization, carry out an investigation and dispose of the matter as per law.
10. Q: Is it possible to take any departmental action against the officials responsible for giving misleading information?
Answer: According to section-13(e) of the Right to Information Act-2009, the Information Commission has the power to impose a fine against an official under section-27(d) and (e), bring charges of misconduct under section-27(3) against any official and recommend departmental punishment.
11. Q: What action may be taken against the Designated Officer if he/she denies information?
Answer: If a Designated Officer denies any information, the applicant for information may file an appeal with appellate authority within 30 days under section-24 of the act.
Answer: If a Designated Officer denies any information, the applicant for information may file an appeal with appellate authority within 30 days under section-24 of the act.
12. Q: Whether information can be sought from the police and RAB?
Answer: Certainly, information may be sought from the police and RAB. However, under section-32 of the Right to Information Act-2009, the Act will not be applicable for the Special Branch of Bangladesh Police and intelligence cell of the Rapid Action Battalion (RAB). However, any information related to corruption of the organization or human rights violations should be provided upon prior approval of the Information Commission.
Answer: Certainly, information may be sought from the police and RAB. However, under section-32 of the Right to Information Act-2009, the Act will not be applicable for the Special Branch of Bangladesh Police and intelligence cell of the Rapid Action Battalion (RAB). However, any information related to corruption of the organization or human rights violations should be provided upon prior approval of the Information Commission.
13. Q: How do government officials/employees get information from other offices?
Answer: There is no problem of getting information by government officials/employees from other offices in the Right to Information Act-2009. They may get information in the same way as the citizens.
Answer: There is no problem of getting information by government officials/employees from other offices in the Right to Information Act-2009. They may get information in the same way as the citizens.
14. Q: Who is the appellate authority and who will appoint them ?
Answer: As per section-2(a) of the Right to Information Act, the head of the immediate upper administrative office of the information delivering unit will be the appellate authority. In case of absence of any such office, the administrative chief of the concerned information delivering unit will be the appellate authority.
Answer: As per section-2(a) of the Right to Information Act, the head of the immediate upper administrative office of the information delivering unit will be the appellate authority. In case of absence of any such office, the administrative chief of the concerned information delivering unit will be the appellate authority.
15. Q: How will information of the judiciary be made available?
Answer: It is necessary for the judiciary as per Section-2(b)(i) of the Right to Information Act to furnish any information sought by citizens. Under Section-9 of the Act, a person upon applying for any information may get it from the concerned Designated Officer within a certain period.
16. Q: When is information to be made available quickly?
16. Q: When is information to be made available quickly?
Answer: As per section-9(4) of the act, the Designated Officer will provide information within 24 hours of a request for information on life or death, arrest or release of a person from prison.
17. Q: Will the Designated Officer be made responsible in cases where a person distorts information?
17. Q: Will the Designated Officer be made responsible in cases where a person distorts information?
Answer: It is stated in the section-4(5) of the Right to Information Act-2009 that the Designated Officer will sign every page to be given to an applicant for information. The paper will contain the name, designation, signature and official seal of the Designated Officer. Thus, there is no scope to distort the information provided by the Designated Officer.
18. Q: Is there any fee to get information?
Answer: In the Form no-8(d) of the Right To Information Act-2009, stipulates the following fees for information:
(1) For supplying any written document (map, design, photograph, computer print) on A3 or A4 size paper, every page is 2 Taka, and for any larger size copy the actual price of the paper.
(1) For supplying any written document (map, design, photograph, computer print) on A3 or A4 size paper, every page is 2 Taka, and for any larger size copy the actual price of the paper.
(2) For supplying information on a disc, CD etc.:
(a) free of cost if the applicant supplies the disc or CD, (b) actual price of the disc or CD if it is supplied by the information provider.
(a) free of cost if the applicant supplies the disc or CD, (b) actual price of the disc or CD if it is supplied by the information provider.
(3) Free of cost if the information is supplied to anybody as per law, government rules, or directives.
(4) Any commercial publication at its sale value.
19. Q: What is the role of journalists to implement the Right to Information Act?
Answer: Journalists of both electronic and print media can play an important role in implementing the Right to Information Act-2009. Their publicity will enhance the level of public awareness about the Act and make public understand the useful aspects of the Act.
20. Q: Is the Police Force obliged to give information?
Answer: As per law, the Police Force is obliged to provide information. However, as per schedule-7 of the section-32 of the Right to Information Act, the Special Branch of Bangladesh Police and intelligence cell of the RAB were exempted from this obligation. However, any information related to corruption of the organization or human rights violations should be provided upon prior approval of the Information Commission.
21. Q: What is an information providing unit?
Answer: An “information providing unit” means head office, divisional office, regional office, district office or upazila office of any department, directorate or office attached to or under any ministry, division or office of the Government.
22. Q: Who will provide information if an office has no Designated Officer?
Answer: Under the Right to Information Act-2009, the appointment of a Designated Officer is mandatory for every office. In the absence of the Designated Officer, an alternative officer will discharge the duty.
23. Q: Who will be appointed as Designated Officer to provide information in a college?
24. Q: Which organisations appoint a Designated Officer?
(a) Any constitutional body of the People’s Republic of Bangladesh;
(b) Ministries, Divisions and Offices established as per the Rules under Article 55(6) of the Constitution of Bangladesh;
(c) All statutory bodies;
(d) Private organizations operated by the Government financing or supported by a grant from government funds;
(e) Non-government organizations receiving with foreign assistance;
(f) Any private organization commissioned for any public work as per contract with the Government or any organization of the Government.
(g) Organizations to be determined by the government through gazette notification from time to time.
25. Q: What is the logic of giving information to a third party?
Answer: According to section-2(i) of the Right to Information Act-2009, a third party means another person or group other than the information seeker or information providing authority associated with the information. The law provides rationale for this. For example, the name of Upazila Sub-registrar may come as a third party with Assistant Commissioner (land) for any information pertaining to land.
26. Q: What benefits will marginal groups, particularly woman and children, get from the law?
27. Q: Is there any departmental law that will create problems for implemening out the Right To Information Act?
28. Q: Will the provisions of acknowledgement of the recipient of information be included in 'Section-A'?
29. Q: Will a bidder have the right to know about shortcomings of tender submissions by the other bidders?
30. Q: Is an application for personal information allowed?
23. Q: Who will be appointed as Designated Officer to provide information in a college?
Answer: The principal of the college may discharge the duty or appoint any teacher of the college as a Designated Officer to provide information to public.
24. Q: Which organisations appoint a Designated Officer?
(a) Any constitutional body of the People’s Republic of Bangladesh;
(b) Ministries, Divisions and Offices established as per the Rules under Article 55(6) of the Constitution of Bangladesh;
(c) All statutory bodies;
(d) Private organizations operated by the Government financing or supported by a grant from government funds;
(e) Non-government organizations receiving with foreign assistance;
(f) Any private organization commissioned for any public work as per contract with the Government or any organization of the Government.
(g) Organizations to be determined by the government through gazette notification from time to time.
25. Q: What is the logic of giving information to a third party?
Answer: According to section-2(i) of the Right to Information Act-2009, a third party means another person or group other than the information seeker or information providing authority associated with the information. The law provides rationale for this. For example, the name of Upazila Sub-registrar may come as a third party with Assistant Commissioner (land) for any information pertaining to land.
26. Q: What benefits will marginal groups, particularly woman and children, get from the law?
Answer: Section-4 of the Act guarantees that every citizen has the right to information and concerned authority is obligated to provide information at the request of a person. Nothing is mentioned for women and children separately.
27. Q: Is there any departmental law that will create problems for implemening out the Right To Information Act?
Answer: As per section-3 of the Right to Information Act-2009, the Act will get priority in case of any conflict with departmental law to provide information to people.
28. Q: Will the provisions of acknowledgement of the recipient of information be included in 'Section-A'?
Answer: Section-3(2) of the Right to Information Act-2009 ensures acknowledgement of information recipient.
29. Q: Will a bidder have the right to know about shortcomings of tender submissions by the other bidders?
Answer: Under section-7(3) of the Right to Information Act-2009, it is not mandatory for any organization to provide information to anyone before completion of the procurement process or prior to finalization of the decision.
30. Q: Is an application for personal information allowed?
Answer: Section-7 and sub-section (h) (i) (j) and (r) of the Right to Information Act-2009 state that any information which may disrupt personal secrecy or endanger one’s life, any information given secretly to assist the law enforcing agencies, or any personal information protected by law, are not subject to mandatory disclosure.
31. Q: Is there provision to know information about a person who is in safety custody?
Answer: According to RTI Act-2009, Pre-section-9(4), any information related to life and death, arrest and release from jail can be required. But According to RTI Act 2009, section-7(f) and 7(l), it is not compulsory to disclose, any such information that may, if disclose, obstruct the enforcement of law or incite any offence and any such information that may, if disclosed, impede the process of investigation.
32. Q: Any information discloser about a patient can be harmful and also violation of privacy. In this case, is there any compulsion to disclose this?
Answer: According to RTI Act, Section-7(h), there is restriction to publish any such information that may, if disclosed, offend the privacy of the personal life of an individual. Off course, if that person permits there will not be any obligation.
33. Q: Many times compliant suffers from economic and social lose for procrastination in the court. Is there provision to know the reason behind late?
Answer: According to RTI Act-2009, Section-7(k), organization/“Designated Officer” is not compelled to disclosure of any matter pending before any court of law and which has been expressly forbidden to be published by any court of or tribunal or the disclosure of which may constitute contempt of court.
34. Q: Most of the times journalists does not follow the procedure of RTI Act to collect information instead they misbehave. In this case, is “designated officer” compelled to provide information?
Answer: According to RTI Act-2009, everyone has to follow the application procedure and pay the price. If the information is preserved in the computer (not violating section-7), it can be sent via e-mail without demanding any cost.
35. Q: If in an office there is only one officer, can any subjugated staff be appointed as “designated officer” of that office?
Answer: According to RTI Act, section-2(C), “Officer” shall also include an employee. Authority can appoint the staff as “designated officer”. Off course in such case, authority will judge his/her capacity to play the role. On the other hand, the only officer will act as “designated officer”
36. Q: If anyone requires information through e-mail/Fax and “designated officer” does not have electronic service, how information will be provided?
Answer: According to RTI Act 2009, Section-7 if both parties have electronic support/services, then Information can be provided through this media.
37. Q: Who will take the duty if “designated officer” goes to receive any training?
Answer: In every “information providing unit”, an alternative person will be recruited to play the role of “designated officer”.
38. Q: Is there any fixed timeframe to request for information?
Answer: No, there is no time limit to request for information. Off course, in the case of examination, information can be provided after the publication of result.
39. Q: Who will take the decision about the requested information is threatening for state or not?
Answer: “Designated officer” will use his/her own judgment in this regard. There is provision of appeal to appellate authority and then accusation can be submitted to Information Commission. Information Commission will take necessary steps for the charge.
40. Q. Is there any provision to file case against an authority in RTI Act-2009?
Answer: According to RTI Act-2009, section-29, no person shall, except preferring an appeal before an appellate authority or, as the case may be, lodging a complaint before the Information Commission under this Act, raise any question before any court for anything done or deemed to be done, any action taken or the legality of any order passed or any instruction made under this Act.
41. Q: If the applicant does not come to receive the requested information?
Answer: If the applicant does not pay the price, information will not be provided. But if he/she pays the price then any authorized person mentioned in the form as receiver can get the information.
42. Q: From when the time limit for information supply will be counted, from the date of application or payment date?
Answer: From the date of application.
43. Q: Is there any necessity to post a stamp on the application?
Answer: No, still now no fee for application is required but for the requested information (if received) the fixed price will have to be paid.
44. Q: Is there any provision to spend the realized price from the supplied information?
Answer: No, this money will be deposited in government treasury. Expenditure for information supply will be met up from the regular allocation.
45. Q: If anyone applies through email, how will he/she sign in the application?
Answer: A scanned copy of the signed application will be sent by e-mail.
46. Q: Can the E-service centers be considered under the purview of Right to Information?
Answer: Since these E-service centers are not government statutory organizations, these can not be considered as “information providing unit”. Off course, these centers can cooperate to supply information properly.
47. Q: How can we get the information about stamp price?
Answer: According to RTI Act 2009, Section-8, information price will be realized.
48. Q: If anyone requires information to do harm of others?
Answer: There is no opportunity to check why a person is taking information. Except information under Section-7, “designated officer” is compelled to supply any information requested by the applicant.
49. Q: If anyone requests information through e-mail, how the price will be realized?
Answer: Since there is no expenditure for photocopy or any other purpose, the information can be supplied without any cost. Off course, if needed it can be demanded from the applicant.
50. Q: How the exact and logical price will be fixed?
Answer: There is detail direction on this in the RTI Act.
51. Q: If anyone requires education related information to an Agriculture Officer, how he/she will provide this?
Answer: Agriculture Officer will provide the preserved information under his/her office or he/she can provide this collecting from the subjugated office. Since education office is a separate information providing unit, the applicant will request such information from education office. Agriculture Officer will inform the applicant about his/her inability.
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