RIGHT TO INFORMATION ACT, 2005

The Government of India has enacted the Right to Information Act, 2005 (http://www.persmin.nic.in/) which has come into effect from October 13, 2005. The Right to Information under this Act is meant to give to the citizens of India access to information under control of public authorities to promote transparency and accountability in these organizations. The Act, under Sections 8 and 9, provides for certain categories of information to be exempt from disclosure. The Act also provides for appointment of a chief Public Information Officer to deal with requests for information.

TAC’s Obligation under the Act

The Tariff Advisory Committee (TAC) is a public authority as defined in the Right to Information Act, 2005. As such, the Tariff Advisory Committee is obliged to provide information to members of public in accordance with the provisions of the said Act.

Access to the information held by TAC

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

TAC Website

The TAC maintains an active website (http://www.tac.org.in/). the site is updated regularly and all the information released by the TAC is also simultaneously made available on the website. The information published in public domain include the following:

All Tariffs
List of Hazardous goods
Information relating to TAC Board
Information relating to TAC Regional Offices
TAC Circulars
Publications
TAC Data Format and Summary Reports
Information relating to stolen vehicle web searches

Making an Application under the Right to Information Act, 2005

Citizens of India will have to make the request for information in writing, clearly specifying the information sought under the Right to Information Act, 2005. The application for request should give the contact details (postal address, telephone number, fax number, email address) so that the applicants can be contacted for clarifications of for further information. As per the Act, information can be furnished only to citizens of India but not to others.

How do I send my application?

As per the Right to Information (Regulation of Fee and Cost) Rules, 2005 prescribed by the Government of India: a request for obtaining information and Section 6(1) of RTA needs to be accompanied by an application fee of Rs.10/- by ways of cash against proper receipt of by DD or banker’s cheque.

You could send your request by post accompanied by the application fee of Rs.10/- payable by demand draft or bankers; cheque favouring Tariff Advisory Committee, Head Office. The fee can also be paid in cash along with the application. Applications can also be made over fax or email. TAC will take up the application for consideration, as required under the Act, only after the application fee has been received.

Where do I send my request?

You can send your request addressed to the Central Public Information Officer (CPIO) indicated below:

Name of the CPIO	Subject related to	Email ID	Fx No.
Shri. V. J. Lawande	All TAC Dept. Subjects	tariff@vsnl.com	02222854560

Postal Address

Tariff Advisory Committee,

Head Office,

Ador House, 1^st and 2^nd floors,

6. K. Dubash Marg, Fort,

Mumbai – 400 023.

How long will TAC take to provide information?

TAC will, within 30 days of receipt of the application for information along with the fee, communicate to the requestor whether it can or cannot provide the information.

Will I have to pay to get the information?

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

-Rs.2/- for each page (in A-4 or A-3 size paper) created or copies;

-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, the public authority shall charge:

-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 this cost?

If TAC has the information and can provide it to you, it will, within 30 days of its receiving the application along with appropriate fees, communicate to you the cost of providing the information as prescribed under Section 7(1) of Right to Information Act.

When will I get the information?

You will get the information, once TAC receives the payment towards providing the information.

Can TAC refuse to give me information?

The Right to Information Act, 2005 under Sections 8 and 9 exempts certain categories of information from disclosure. 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 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 or 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.

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 CPIO, TAC or its decision not to provide the information requested.

Who should I address my appeal to?

You can address the appeal to:

Dr. George E. Thomas

Chief Manager

Tariff Advisory Committee,

Head Office,

Ador House, 2nd floor,

6. K. Dubash Marg, Fort,

Mumbai – 400 023.

Tel (022) 22829551

Fax (022) 22854560

Email id tariff@vsnl.com

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 TAC, you can appeal to the Central Information Commissioner appointed in terms of Chapter 3 of the Rights to Information Act, 2005.

PREAMBLE

Directory of TAC HO Officers

Pay and Allowance in TAC

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------