Intro to RTI for beginners

RTI Act is easy. Don't feel intimidated. Let us give you an overview of all that you need to know in order to feel like a 'master of RTI'. After this comprensive 8 minute introduction, you can move on to the next chapter to know the few stages of fighting your mini battle.

Purpose of Right to Information Act, 2005

The RTI Act came into force on 12th October 2005. Its purpose is to ensure that the public has access to information which is under the control of various government authorities. It is designed to promote transparency and accountability in the working of every government department or institution at both central and state levels. This Act overrides and has supremacy over the Official Secrets Act 1923, where applicable.

What is Information
Information means any material in any form, including records, documents, manuscripts, memos, emails, opinions, advices, file notings, press releases, circulars, orders, logbooks, contracts, reports, papers, samples and models. Data held in any electronic form such as fax, microfilm, microfiche, etc. is also covered in the definition of information. 1. 2. 3. 4. 5. You can take certified copies of documents, notes, extracts, contracts, CD, etc. Inspect documents and records at government offices. Inspect works such as quality, length and width of roads. Take certified samples of materials, e.g., polluted water, road material, cement. Seek information in a format of your choosing.

Some of the information is exempt from disclosure. Please see a later section below.

It is important to know how you obtain information and what does NOT come within the definition of information. Please carefully read the chapter "How to frame queries".

Coverage and Applicability

Any authority, body, institution, department, panchayat, etc. which is a part of the government is covered. NGOs and corporate bodies which are substantially financed directly or indirectly by the government are also covered. All such bodies are referred to as a Public Authority in the

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Act.

Certain intelligence and security organizations are exempt from providing information (see the Second Schedule of the Bare Act). However, information pertaining to corruption and violation of human rights in these organizations is not exempt.

The Act applies to the whole of India with the exception of Jammu and Kashmir which has a seperate but similar Act. NRIs can also apply for information through respective embassies and high commissions (need some reader to elaborate on the procedure for paying the fee).

Obligations of Public Authorities

Besides providing you information upon request, Public Authorities are required to publish information under 17 heads and keep them regularly updated. You don't have to ask for this information. It should be there on the website, in their offices, on the notice boards, etc. Please see Section 4(1)(b) of the Act.

Public Information Officers (PIOs)

You must apply to a Public Information Officer (PIO) to obtain information from any Public Authority. The PIO does not necessarily have to be in the same office where the information exists. He may be in any part of the country.

Every Public Authority is supposed to appoint at least one PIO to provide information to citizens. Normally, the PIO is a middle-ranking officer who is holding charge of many other functions, besides the responsibility to provide information.

There is also supposed to be an Assistant PIO (APIO) at each sub-district level (tehsil). His job is to receive your application for information or appeal and forward it within 5 days to the concerned PIO, Appellate Authority or Central/ State Information Commission. Also, many post offices receive your RTI applications and forward to the concerned Public Authorities of the central government without charging you postage fee.

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A PIO may, from time to time, require the assistance of other officers in his department. If the other officers do not assist the PIO, they will be held liable and can be penalized in place of the PIO.

Applying for information

1. You are not required to give any reason for asking for information. 2. You are not required to give personal details. Only contact details are sufficient. 3. You must be a citizen of India, but you are not required to give any proof. 4. There are contradictory decisions and views whether only individual citizens can ask for information, or whether Corporates, NGOs and institutions can also apply. We suggest that you use the letter head of your organization but show yourself as "Applicant - Your name" and sign accordingly at the bottom.

Application can be written on a plain paper. Please read another chapter "Step by step procedures" for guidance on this and all subsequent points.

Fees
1. Fee payable at the time of submitting your application is chargeable on "per application" basis. You can seek any amount of information in a single application but it is advisable to restrict one application to one matter. 2. For central Public Authorities, the fee payable is Rs.10 at the time of submitting application. 3. For states, it varies from state to state. The maximum specified by any state is Rs.50. 4. No fee at any stage is payable if the applicant belongs to Below Poverty Line category. 5. The following further charges apply in the case of central government Public Authorities: 1. Rs.2 for each page created or copied or photocopied upto A3 size. 2. Actual charge for larger sizes. 3. Actual cost/price for samples and models, and published material at the price fixed. 4. Rs.50 for each CD, floppy disk or other similar media. 5. For inspection of records, no fee for the first hour. Rs.5 for each subsequent hour. 6. If the PIO exceeds time limit, information will be given free of charge to you, no matter how high the cost is. 7. State governments have prescribed their own charges. Some are outrageously high. For example, for Haryana and Punjab, the charge for each page is Rs.10.

How does a "PIO" process your application

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There are several possible scenarios:

1. The PIO gives/communicates the information to you within 30 days. 2. The PIO is entitled to a short extension of time. (See Time Limits) 3. The PIO rejects your request fully or party because information is exempt from disclosure. In this case, you may appeal. 4. The PIO does not give you the information within the time limit. In this case, he will be deemed to have refused your request for information. 5. The PIO gives you vague, evasive or partial information. You may appeal. 6. The PIO discovers that jurisdiction for the whole or some part of the information lies with another Public Authority. He will transfer this part to another Public Authority and intimate to you about the transfer within 5 days. The PIO is still responsible for the rest of the information. For the transferred part, the PIO of another Public Authority has to give you information within 30 days from the date of transfer. In a decision, the Central Information Commission (CIC) has clarified that a PIO cannot forward an application within his own department to another PIO. 7. Information is about a third party and the PIO needs time. See section Third Party.

The PIO shall ordinarily provide information in the requested form/format. Where a request has been rejected in whole or in part, the PIO is required to communicate to you 1. the reasons for rejection/decision; 2. the period within which you may make an appeal; and 3. the particulars of the appellate authority.

Time limits
1. PIO shall provide information or reject your request for information within 30 days. 2. Information concerning the life or liberty of a person has to be provided within 48 hours even on holidays. 3. When submitting an application with Assistant PIO, add 5 days. 4. When application is transferred from one Public Authority to another, add 5 days. 5. If the PIO fails to give a decision in time, he shall be deemed to have refused the request. Refusal is different from rejection. PIO has the right to reject, but he cannot refuse. 6. First appeal may be made within 30 days. More time may be given to you on reasonable

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grounds. This appeal shall be disposed of within 30 days. The first appellate authority may take upto 45 days but has to record the reason for delay in its decision. 7. Second appeal may be made within 90 days. More time may be given to you on reasonable grounds. 8. No time limit is specified to file a complaint with the Commission, however, it is advisable to file it within 90 days at most. 9. There is no time limit prescribed for the commission to give its decision. CIC takes from one to six months. 10. Where further fee is payable, intervening period between intimation by the PIO and receipt of fee by him will be added to the applicable time limit. 11. In cases of human rights violation where the Commissions approval is necessary, the information will be supplied within 45 days. 12. Where the interests of third party are involved and there is no objection by the third party after being heard, the information will be provided within 40 days. 13. If the third party objects, then the third party will go through standard appeals process. It is not clear how long you should wait for information in such cases but it is suggested that you wait for no more than 40 days + 10 days for postal transit time. 14. Remember that if the PIO exceeds time limit, information will be given free of charge to you, no matter how high the cost is.

It is advisable to give the benefit of upto 10 days to the PIO, First Appellate Authority etc. for postal transit time.

Third party
1. If the information sought has been treated as confidential by a third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration before deciding whether to disclose that information or not. 2. Third party shall be given 10 days to make a representation before the PIO. 3. The PIO shall, within 40 days of application and after giving the third party an opportunity of being heard, make a decision whether or not to disclose information and give in writing the notice of his decision to third party. The third party may appeal against the decision, and standard appeals procedures shall be followed. Until all these procedures are completed, information cannot be given to you. Time taken by such procedures shall be added onto the time limit of 40 days.

Information which cannot be disclosed

1. Information which could affect the sovereignty, integrity, security, strategic, scientific or economic interests of the country, or relations with foreign State. 2. Information which could lead to incitement of an offence. 3. Information the disclosure of which may constitute contempt of court.

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4. Information the disclosure of which would cause a breach of privilege of Parliament or State Legislature. 5. Information regarding commercial confidence, trade secrets, intellectual property rights, etc. 6. Information, the disclosure of which would endanger the life or safety of any person. 7. Information which would impede investigation or apprehension or prosecution of offenders. 8. Information available to a person in his fiduciary relationship. 9. Cabinet papers generated during the process of making a decision cannot be disclosed until the decision has been taken. 10. Personal information which would cause unwarranted invasion of the privacy of the individual unless the PIO is satisfied of the larger public interest. However, any information which cannot be denied to parliament or state legislature shall not be denied to you.

Note 1. Regardless of the above, PIO may allow access if public interest outweighs harm to protected interests. 2. Any 20 year old information shall be open for access except in certain cases.

Appeals
1. There are two levels of appeal: the First appeal, and the Second appeal. 2. If you receive no information or you are not satisfied with the information, you may prefer first appeal within 30 days. 3. First appellate authority shall be a designated officer senior in rank to the concerned PIO in the concerned department. His/her name is usually posted on the same website/notice-board/document where the details of PIOs are posted. 4. In appeal proceedings, the onus to prove that a denial was justified shall be on the PIO. 5. First appeal shall be decided within 30 days. Appellate Authority may take upto 45 days but he has to record reasons for the delay in his decision. 6. First appeal may be preferred in writing on a plain paper and should include: 1. name/designation and address of the first appellate authority 2. your name and contact details 3. concerned PIOs name and designation 4. application ID no. and/or fee receipt no. issued at the time of applying, if any 5. photocopy of the application form - don't enclose enclosures if they are too many 6. photocopy of the rejection letter or reply, if available 7. detailed grounds of appeal 8. reliefs sought a list of your demands/requests to the first appellate authority 9. If the first appeal is partially or fully dismissed, you may prefer a second appeal which lies

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with the Commission within 90 days. More time may be given to you on reasonable grounds.

Note: Apart from Second appeal, there is another avenue open to you, namely, Complaint to the Information Commission. Differences between the Second appeal and the Complaint may be confusing because of many overlapping provisions, but the litmus test lies in asking yourself one simple question: Has the PIO replied to me? If yes, take the first appeal route followed by second appeal. If he hasn't replied at all within the time limit, file a complaint. For all other grievances also, file a complaint. An indicative list of grievances is enumerated below: 1. PIO, APIO or FAA have not been appointed by public authority. 2. They refuse to receive your application or appeal. 3. No reply is received from the PIO or FAA within time limit. 4. PIO or APIO are not accessible in person or by post and their whereabouts are not easily available. 5. Proactive disclosures under section 4(1)(b) have not been made or they are not publicly available or accessible. 6. PIO or FAA do not cooperate reasonably during inspection. 7. PIO, FAA or any other person directly or indirectly intimidate or ill-treat or pressurize you. 8. PIO or FAA disobey orders of the Information Commission. 9. Any other situation where you have been wrongly restrained from accessing information to which you are entitled. 10. Any other violation of provisions of the Act by the public authority, PIO or FAA.

Remember: 1. No time limit has been set in the Act for the disposal of appeal/complaint with the Information Commission. CIC usually takes one to six months. 2. The decision of the Commission shall be binding. However, you are always at liberty to approach a High Court with a writ petition. 3. In its decision, the Commission may impose a penalty of Rs.250 for each days delay on the PIO, subject to an upper limit of Rs.25,000. 4. The Commission may order the Public Authority to compensate you.

"Rules"
In addition to the law (Act) enacted by the Parliament, certain Rules are needed to be framed by competent authorities in order to carry out the provisions of the RTI Act. Most of the competent

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authorities have framed rules. 1. The Central Government has framed rules which are required to be followed by all organizations which come under the central government's jurisdiction, regardless of the actual location of the organization. 2. The State Governments frame rules which are followed by state government organizations. 3. The High Courts and the Supreme Court frame their own rules. 4. All state Legislative Assemblies and Legislative Councils also frame their own rules. 5. The President and the Governors/Administrators.

It is because of this power to frame rules that we have different fee in different states.

Central and State Information Commissions

1. Throughout this website, we refer to both Central Information Commission and State Information Commission as just Commission(s). 2. Central Information Commission is for central government matters, whereas State Information Commissions are for state government cases. These are independent bodies. No appeal against a decision of a State Commission lies with the Central Commission. 3. Each Commission has one Chief Information Commissioner and upto ten Information Commissioners. They are the people of eminence, and cannot pursue any other profession. Head office of Central Commission is in Delhi. Head offices of the State Information Commissions are in their capital cities. 4. Commissions can receive and inquire into complaints as discussed earlier in this section. 5. Commissions shall have the same powers as a civil court. They can summon persons, compel them to give evidence and produce documents or things, require the discovery of documents, and examine any record of a Public Authority including records which are exempt from disclosure. 1. Burden of proving that he acted reasonably and diligently shall be on the PIO. 2. If a PIO fails persistently in his duties, the Commission can recommend disciplinary action. 3. Commissions shall prepare a comprehensive and exhaustive report on the implementation of this Act every year. This report would include detailed statistics. 4. Commissions can recommend measures for reforms in general or in respect of particular Public Authorities in order that RTI can be properly operated.

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