RTI gyan (RIGHT TO INFORMATION)

The Right to Information Act 2005 (RTI) is an Act of the Parliament of India. It is the implementation of freedom of information legislation in India on a national level "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered under a State-level law. Under the provisions of the Act, any citizen (excluding the citizens within J&K) may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. Till then all information disclosure was restricted by various acts, one such act being official secrets act 1923. "RTI act is credited as one of the best laws of the world."
The Act covers the whole of India except Jammu and Kashmir, where "J&K Right to Information Act" is in force. It is applicable to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in it.
This is one of the best practices of democracy where people are not only restricted to selection of its representatives but also play a dynamic role in decision making, accountability of government which indirectly affects their day to day life in some or other form. Now, government is in our hands and its our minimum responsibility to make best use of this great act.
We request all to make use of these articles and raise questions to have more clarity about the act.

Objective of RTI

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.

Designations used and institutions involved in RTI act

There are various designations, institutions mentioned for and created for RTI act. We will discuss in detail the functionality of each designation assigned and institutions created. Before that let us know designations and institutions involved:

1. CIC-Chief Information Commissioner and can also be used for central information commission

2. SIC-State Information Commissioner or state information commission

3. SCIC-State chief information commissioner

4. CPIO-Central public information officer

5. SPIO-State public information officer

6. CAPIO- Central assistant public information officer

7. SAPIO- State assistant public information officer

8. IC-Information commissioner

9. FAA-First appellate authority

Information

The Act specifies that citizens have a right to:

request any information (as defined).
obtain copies of documents.
inspect documents, works and records.
take certified samples of materials of work.
obtain information in form of diskettes, floppies, tapes, video cassettes 'or in any other electronic mode' or through printouts.

Process

Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any person may submit a request to the PIO for information in writing. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The applicant is not required to disclose any information or reasons other than his name and contact particulars to seek the information.

The Act specifies time limits for replying to the request.

If the request has been made to the PIO, the reply is to be given within 30 days of receipt.
If the request has been made to an APIO, the reply is to be given within 35 days of receipt.
If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority.
Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission.
However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed.

If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge.

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for each hour of inspection after the first hour. If the applicant is a Below Poverty Card holder, then no fee shall apply. Such BPL Card holders have to provide a copy of their BPL card along with their application to the Public Authority. States Government and High Courts fix their own rules.

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW, Central Bureau of Investigation (CBI), 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 violation could be given but only with the approval of the Central or State Information Commission

The following is exempt from disclosure [(S.8)]

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 offense;
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 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 of 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 (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or commercial secrets protected by law" under this clause when read along with 8(1)(d))

First Appeal

First Appellate Authority (FAA): There are possibilities that a Public Information Officer (PIO) may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the Public Information Officer. The Act contains provision for two appeals to tide over such situations. The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority (FAA) by the concerned public authority. The First Appellate Authority happens to be an officer senior in rank to the Public Information Officer.

What is first appeal?

If the applicant does not receive information or decision about rejection of request or communication about payment of additional fee within the specified time, he can make an appeal to the First Appellate Authority. Appeal can also be made if the applicant is aggrieved by the decision of the Public Information Officer regarding supply of information or the quantum of fee decided by the Public Information Officer.

Second appeal

If the appellate authority i.e. FAA fails to pass an order on the appeal within the prescribed period or if the

appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Informational Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. The appeal made to the Informational Commission should contain the following information:-

Name and address of the appellant;
Name and address of the Public Information Officer against the decision of whom the appeal is preferred;
Particulars of the order including number, if any, against which the appeal is preferred;
Brief facts leading to the appeal;
If the appeal is preferred against deemed refusal, particulars of the application including number and date and name and address of the Public Information Officer to whom the application was made; Prayer or relief sought;
Grounds for prayer or relief;
Verification by the appellant; and
Any other information, which the Commission may deem necessary for deciding the appeal.

The appeal made to the Informational Commission should be accompanied by the following documents:

Self-attested copies of the order or documents against which appeal is made;
Copies of the documents relied upon by the appellant and referred to in the appeal; and
An index of the documents referred to in the appeal.

FAQ'S About RTI

1. What is RTI?

A. RTI stands for RIGHT TO INFORMATION. It’s a fundamental right under constitution under which every citizen has freedom of speech and expression and have the right to know how the government works, what role does it play, what are its functions and so on. (http://rti.gov.in/)

2. Who all can use RTI?

A. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any Corporation, Association, Company, NGO etc. who is also a citizen of India, information shall be supplied to him/her, provided the applicant given his/her full name. In such cases, it will be presumed that a citizen has sought information at the address of the Corporation etc.

3. How to use RTI?

A. This(RTI act)law is very comprehensive and covers almost all matters of governance and has the widest possible reach, being applicable to Government at all levels- Union, State and Local as well as recipients of government grants. All you need to know on how to use this act is, “How to file an RTI application and what information you want to seek”.

4. What all information can I get through RTI?

A. Information includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

5. Is there any separate application form/format for RTI ?
A. There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant. The information seeker is not required to give reasons for seeking information.

6. How much money do I need to pay to get the information?
A. A person who desires to seek some information from a public authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs. 10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt.
The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the PIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:

(a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or copied;
(b) actual charge or cost price of a copy in larger size paper;
(c) actual cost or price for samples or models;
(d) for information provided in diskette or floppy, rupees fifty (Rs. 50/-) per diskette or floppy; and
(e) for information provided in printed form, at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.
As already pointed out, a citizen has a right to inspect the records of a public authority. For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs . 5/-) for each subsequent hour (or fraction thereof) shall be charged.
If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act. It may be pointed out that there is no bar on the public authority to supply information in response to such applications. However, provisions of Act would not apply to such cases.

7. To whom should I submit the RTI application?

A. A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer (PIO) of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through a Central Assistant Public Information Officer appointed by the Department of Post at sub-divisional level or other sub-district level.

8. In my absence can my friend/acquaintance take the report on behalf of me?

A. Yes. You can authorize your friend with a letter and he/she can take it.

9. Can the report obtained through RTI be publicized?

A. Yes. The findings of RTI can be publicized, shared and can even be distributed to all.

10. Can PIO reject to accept my RTI application stating some reason like confidentiality, frivolous etc.?
A. No. Under no circumstances the PIO can reject your application.

11. What if PIO (Public Information officer) rejects to take the RTI application itself or there is no PIO appointed for that public office?

A. If any person is unable to submit a request to a Public information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public information Officer has refused to accept his or her application or appeal for forwarding the same to the Public information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Central information Commission or respective state information commissions.

12. What is the maximum time that can be taken to answer the queries ?
A. In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.

13.If concerned person doesn’t answer the question on time, whom should i approach?
A. First Appeal
If an applicant is not supplied information within the prescribed time thirty days or 48 hours, as the case may be, is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the PIO. Such an appeal should be filed within a period or thirty days from the date on which the limit of 30 days of supply of information is expired or from the data on which the information or decision of the PIO is received.

The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases with 45 days of the receipt of the appeal.

Second Appeal

If the appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central/State Informational Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. The appeal made to the Central/State Informational Commission should contain the following information:

Name and address of the appellant;
Name and address of the Public Information Officer against the decision of whom the appeal is preferred;
Particulars of the order including number, if any, against which the appeal is preferred
Brief facts leading to the appeal;
If the appeal is preferred against deemed refusal, particulars of the application including number and date and name and address of the Public Information Officer to whom the application was made; Prayer or relief sought;
Grounds for prayer or relief;
Verification by the appellant; and
Any other information, which the Commission may deem necessary for deciding the appeal.

The appeal made to the Central/State Informational Commission should be accompanied by the following documents:

1. Self-attested copies of the order or documents against which appeal is made;

2. Copies of the documents relied upon by the appellant and referred to in the appeal; and

3. An index of the documents referred to in the appeal.

14. If the obtained information is wrong/partially correct/ incomplete what should I do?

A. If you are confident that the information obtained is wrong/partially correct/ incomplete, you can then make a written complaint to the highest authority in the specific department saying the information is wrong. You can also make a complaint/appeal to the CIC/SIC (accordingly) and press for penalty. But do remember that the onus of proving that the information is wrong/partially correct/ incomplete is on you.

15. If the information obtained proves the occurrence of malpractice what should I do?
A. The same answer as above.

Links

CIC - The Central Information Commission is empowered to decide complaints and appeals arising from use of the Right to Information Act, 2005.
CIC Online - New website of the Central Information Commission.
DoPT - The Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions, is charged with being the nodal agency for the Right to Information Act, 2005. It has the powers to make rules regarding appeals, fees, etc.
Right to Information Act Portal
Complete text of the Right to Information Act

G21 - Grouped To One

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