Introduction
The Right to Information (RTI) Act 2064 is a cornerstone of transparency in Nepal's governance. Enacted to fulfill the constitutional guarantee of the right to information, it empowers citizens to hold public bodies accountable. For Loksewa aspirants, mastering this Act is crucial as it is a high-frequency topic in both general knowledge and governance papers.
Main Content
Key provisions of the RTI Act 2064 are summarized in the table below:
| Section | Provision | Key Details |
|---|---|---|
| Section 3 | Right to Information | Every citizen can seek info; no reason required. |
| Section 4 | Proactive Disclosure | Public bodies must update info every 3 months. |
| Section 8 | Information Officer | Every public body must designate an Information Officer. |
| Section 9 | Timelines | 15 days for general info; 24 hours for life/liberty. |
| Section 3(3) | Exemptions | Security, privacy, and trade secrets are exempt. |
| Section 32 | Penalties | Fines of NPR 1,000 to 25,000 for non-compliance. |
- Structure: The Act consists of 7 chapters and 36 sections. It was enacted under the authority of the Interim Constitution and is now protected under Article 27 of the 2072 Constitution.
- Public Body Definition: Includes government offices, constitutional bodies, courts, political parties, and organizations substantially funded by the government.
- Proactive Disclosure: Public bodies must publish details of their structure, services, budget, and decisions every quarter (3 months).
- National Information Commission (NIC): A three-member body (Chief Commissioner + 2 Commissioners) that adjudicates complaints and ensures compliance.
- Severability: If a document contains both exempt and disclosable info, the non-exempt portion must be provided (Partial Disclosure).
- Fees: Public bodies can charge fees, but they must not exceed the actual cost of copying or producing the information.
Key Takeaways
- The RTI Act 2064 consists of 7 chapters and 36 sections.
- Information regarding a person's life or liberty must be provided within 24 hours.
- Public bodies are required to proactively disclose information every 3 months.
- The National Information Commission (NIC) is the oversight body for RTI implementation.
What to Avoid
- Do not confuse the general 15-day timeline with the 24-hour timeline for life/liberty matters.
- Do not assume citizens must provide a reason for their request; the Act explicitly states no reason is required.
- Do not forget that the RTI Act applies to political parties and government-funded NGOs as well.
FAQ
Q1: Under which Article of the 2072 Constitution is RTI guaranteed? It is guaranteed as a fundamental right under Article 27.
Q2: What is the maximum fine for an official who refuses to provide information? The official can be fined between NPR 1,000 and NPR 25,000.
Q3: How many members are in the National Information Commission? The NIC consists of 3 members: one Chief Information Commissioner and two Information Commissioners.
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