What rights are available under RTI Act 2005?
Right to Information Act 2005 grants the following rights to every citizen:
• Ask any questions from the Government or seek any information
• Inspect any government documents.
• Take copies of any government documents
• Inspect any Government works
• Take samples of materials of any Government work.
For more details, click here. (slide 7)
Who is covered under RTI?
Public Authorities are covered under RTI. It means any authority or body or institution of self-government established or constituted: [S.2(h)]
• by or under the Constitution;
• by any other law made by Parliament;
• by any other law made by State Legislature;
• by notification issued or order made by the appropriate Government and includes any-body owned, controlled or substantially financed non-Government organization substantially financed directly or indirectly by the appropriate Government.
As a corollary, private bodies are excluded from the purview of RTI.
For more details, click here. (slide 9)
What are the obligations of public authority?
It shall publish within one hundred and twenty days of the enactment:-
• the particulars of its organization, functions and duties;
• the powers and duties of its officers and employees;
• the procedure followed in its decision making process, including channels of supervision and accountability;
• the norms set by it for the discharge of its functions;
• the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
• a statement of the categories of the documents held by it or under its control;
• the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;
• a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public;
• a directory of its officers and employees;
• the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
• the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
• the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
• particulars of recipients of concessions, permits or authorizations granted by it;
• details of the information available to, or held by it, reduced in an electronic form;
• the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
• the names, designations and other particulars of the Public Information Officers.[S.4(1)(b)]
Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]
What does information mean?
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force[S.2(f)].
For more details, click here. (slide 3)
Who will give me information?
One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. Additionally, there are several Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.
For more details, click here. (slide 10)
Can the PIO refuse to give me information?
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include:
• information received in confidence from foreign governments,
• information prejudicial to security, strategic, scientific or economic interests of the country,
• breach of privilege of legislatures, etc.
For more details, click here. (slide 14)
There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.
Can the PIO refuse to accept my RTI application?
No. The PIO cannot refuse to accept your application for information under any circumstances. Even if the information does not pertain to his/her department/jurisdiction, s/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days under sec 6(2).
What should I do if the PIO or the concerned Department does not accept my application?
You can send it by post. You should also make a formal complaint to the respective Information Commission under section 18. The Information Commissioner has the power to impose a penalty of Rs 25000 on the concerned officer who refused to accept your application.
For more information, click here. (slide 17)
To go to the Grievance Cell, click here.
Does the Act provide for partial disclosure?
Yes. Under Section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under this Act.
Where do I submit application?
You can do that with the PIO or with APIO. In the case of all Central Government Departments, 629 post offices have been designated as APIOs. This means that you can go to any of these post offices and submit your fee and application at the RTI counter in these post offices. They will issue you a receipt and acknowledgement and it is the responsibility of that post office to deliver it to the right PIO. For a list of the Post Offices, click here. (If we are providing such a list on our website. If not, then the following sentence) The list of these post offices is given at http://www.indiapost.gov.in/rtimanual16a.html
Is there any fee?
Yes, there is an application fee. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee, the details of which are available in the Rules, available on this website.
To get information, you have to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs. 5 for every subsequent hour or fraction thereof. This is according to Central Rules. For each state, see respective state rules.
How can I deposit my application fee?
Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:
• In person by paying cash [remember to take your receipt]
• By Post through:
o Demand Draft
o Indian Postal Order
o Money orders (only in some states)
o Affixing Court fee Stamp (only in some states)
o Banker’s cheque
• Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application.
Complete details are also available in the State Rules.
Is there an application form for seeking information?
For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. The format for the application forms is also available on this website. You can fill that in, take a printout and then submit it. For the form, click here. (online application)
What details must I furnish in my application form?
It is essential to furnish the particulars of the information as required by you, as well as your personal contact details. No other details are required to be provided in the form, including your personal details and the reasons behind the demand for information.
For more details, click here. (slide 1)
How can I apply for information?
After drafting your application, submit it by post or in person to the Public Information Officer (PIO). Also keep a copy of the application for your personal reference.
Can I submit my application only with the PIO?
No, in case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.
Where can I locate the concerned PIO?
A list of PIOs/APIOs and Appellate Authorities for all Central and State departments/Ministries is available on this website here , and also at www.rti.gov.in
What if I cannot locate my PIO or APIO?
In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned public authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.
Do I have to personally go to deposit my application?
Depending on your state rules for mode of payment you can deposit your application for information from the concerned departments of your state government via post by attaching a DD, Money Order, Postal Order or affixing Court fee Stamp
For all Central government departments the Department of Posts has designated 629 postal offices at the national level. The designated officers in these post offices work as Assistant PIOs and collect the application to forward to the concerned PIO. A list is available on http://www.indiapost.gov.in/rticontents.html
Is there a time limit to receiving information?
Yes. If you file your application with the PIO, you must receive information within 30 days.
In case you have filed your application with Assistant PIO then information has to be made available within 35 days.
In case the matter to which the information pertains affects the life and liberty of an individual, information has to be made available in 48 hours.
For more information, click here. (slides 11 and 12)
What can I do if I do not receive information?
If you do not receive information or are dissatisfied with the information received, you can file an appeal with the First Appellate Authority under section 19 (1) of the right to Information Act.
Who is a First Appellate authority?
Every public authority must designate a First Appellate Authority. This officer designated is the officer senior in rank to your PIO.
Is there a form for the first appeal?
There is no form for filing a first appeal (but some state governments have prescribed a form). Draft your appeal application on a blank sheet of paper addressed to the First Appellate Authority. Remember to attach a copy of your original application and a copy of the reply in whatever form (if received) from the PIO.
Do I have to pay a fee for the first appeal?
No. You are not required to pay any fee for the first appeal. However, some state governments have prescribed a fee.
In how many days can I file my first appeal?
You can file your first appeal within 30 days of receipt of information or within 60 days of filing RTI application (if no information received).
What if I do not receive the information after the first appeal process?
If you do not receive information even after the first appeal then you can take the matter forward to the second appeal stage.
What is a second appeal?
A second appeal is the last option under the RTI Act to get the information requested. You can file second appeal with the Information Commission. For appeals against Central Government Departments, you have Central Information Commission (CIC). For every state Government, there is a State Information Commission.
Is there a form for the second appeal?
No there is no form for filing a second appeal (but some state governments have prescribed a form for second appeal too). Draft your appeal application on a normal sheet of paper addressed to the Central or State Information Commission. Carefully read the appeal rules before drafting your second appeal. Your second appeal application can be rejected if it does not comply with the appeal rules.
Do I have to pay a fee for the second appeal?
No. You are not required to pay any fee for the second appeal. However, some states have prescribed a fee for that.
In how many days can I file my second appeal?
You can file your second appeal within 90 days of disposal of first appeal or within 90 days of the date, by when first appeal was to be decided.
What are the powers and functions of Information Commissions?
1. The Central Information Commission/State Information Commission has a duty to receive complaints from any person -
a) who has not been able to submit an information request because a PIO has not been appointed ;
b) who has been refused information that was requested;
c) who has received no response to his/her information request within the specified time limits ;
d) who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f) any other matter relating to obtaining information under this law.
2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of Civil Court such as -
a) summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit ;
d) requisitioning public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed.
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the Public Authority includes-
a) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management, maintenance and destruction of records ;
e) enhancing training provision for officials on RTI;
f) seeking an annual report from the public authority on compliance with this law;
g) require it to compensate for any loss or other detriment suffered by the applicant ;
h) impose penalties under this law; or
i) reject the application. (S.18 and S.19)
For more information, click here. (slide 17)
What are the penalty provisions?
Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for -
i. not accepting an application;
ii. delaying information release without reasonable cause;
iii. malafidely denying information;
iv. knowingly giving incomplete, incorrect, misleading information;
v. destroying information that has been requested and
vi. 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).
For more information, click here. (slide 13)
