1. Q: Do all people have the right to get information?
Answer: Section 4 of the 2009 Right to Information Act 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.
3. Q: Who will appoint Designated Officers?
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;
(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.
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.
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 1923 Secrecy Act 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 2009 Right to Information Act, 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.
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 2009 Right to Information Act, the Act will not be applicable for the Special Branch of Bangladesh Police and intelligence cell of the 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 2009 Right to Information Act. 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.
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 2009 Right to Information Rules 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: The 2009 Right to Information Rules in the Form no-8 (d) 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.
(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 2009 Right to Information Act. 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 2009 Right to Information Act, the appointment of a Designated Information Officer is mandatory for every office. In the absence of the Designated Officer, an alternative officer will discharge the duty.
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