Campaign Tools And Tips

The Right to Information Act was passed in 2005 in order to bring more transparency and accountability in the working of the state and central government. It guarantees all citizens of India the right to access information from public authorities in both governments.

Public authorities refer to all authorities, bodies, and institutions of self-government formed by the Constitution, a law by the Parliament or the State Legislature. It also includes all bodies which are owned, controlled and financed substantially by the government, and NGOs which are substantially financed by funds provided by the government.

The Public Information Officer, who has been appointed in every public authority for this purpose, should provide the information required. So, RTI applications should be addressed to him/her. At a sub-district or sub-divisional level in public authorities, an Assistant PIO is appointed to receive applications/ appeals and forward them to the PIO.

Unlike a regular letter/ petition for information, the RTI Act obligates the public authority to respond to the request in a time-bound manner.

There is a provision to penalize the officer who does not provide correct information within the specified deadline, and initiate disciplinary action against him/her, if required.

Also, the nature of information that you can obtain, using RTI, is vast. According to the Act, any information that can be provided to the Parliament and the State Legislatures can be made available to the people using RTI.

A person seeking any information need not give a reason for requesting information, nor is she/he required to share personal details except her/his contact address.

Yes! It should not exceed five hundred words, including the address of the Central Public Information Officer and that of the applicant but excluding annexures.

Your application cannot be rejected information because it exceeds 500 words.

A simple letter seeking the information you want should be made to the public authority concerned, along with a standard fee. The request letter should be addressed to the Public Information Officer of the relevant Public Authority. He/She is the official who has been given the responsibility of receiving and processing RTI requests. The name of the Public Information Officer (PIO) is not required for this purpose. The application can be addressed simply to the PIO. If you are unable to write a letter, the concerned PIO should assist you in writing the application.

Under the RTI, you can obtain any of the following:

• Documents, Records, Memos, E-Mails, Opinions, Advices, Press Releases, Orders, Log Books, Contracts, Reports, Papers, Circulars, Samples, Models.
• Data in electronic form, facsimile copy of document.
• Microfilm, microfiche or copy of images in the microfilm.

Information that cannot be obtained includes that:

1. which can affect India’s integrity and sovereignty
2. which relates to the security, strategic, scientific and economic interests of India, or which is in relation with a foreign state or which can incite violence
3. which has been banned from publishing by any court, law or tribunal
4. whose disclosure will amount to contempt of court
5. whose disclosure will  cause a breach of privilege in the Parliament or State Legislature
6. which includes trade secrets and intellectual property, the disclosure of which will harm the competitive position of a third party, unless this disclosure serves a greater public interest
7. which is available to a person in his fiduciary relationship, unless this disclosure serves a greater public interest
8. which has been received in confidence from a foreign government
9. whose disclosure can endanger life or safety of any person
10. which can impede the investigation process or apprehension or prosecution of offenders
11. Cabinet papers on decisions till the decision has been made public
12. which relates to personal information which has no relationship to any public activity or interest, or would cause invasion of privacy

Information can be asked in English, Hindi or in the official language of the region where the application is filed.

The RTI Act specifies that you can:

• Inspect the required documents, manuscripts & records
• Take notes, copies of certified documents or copies of their extracts
• Take certified samples of the material
• Obtain information in CDs, floppies, tapes, video cassettes, print outs (when information is stored on a computer) or any electronic mode

The information sought should be provided in the form that you want it in, unless it will ‘disproportionately divert the resources of the public authority’. Or if it is detrimental to the safety of the record to provide it in the form you have asked.

No! There is no specific format for an RTI application. But an applicant is required to include the following details:

• Date of Application
• Address of PIO concerned
• Applicant’s address
• Information Sought (It is advisable that this is asked in numbered form or as a table form as responses will also have to be given that way)
• Form in which the information is sought- print out, CD, e-mail
• Affix/ attach payment
• Mention mode of payment
• Signature

Several state and central government authorities have prescribed sample formats for RTI requests. The Ministry of Environment & Forests has specified a format here: http://envfor.nic.in/sites/default/files/app_pro.pdf

The Central Information Commission also has an appeal format. It is, however, not mandatory to follow it and an application/appeal cannot be denied information for that reason.

This depends on the public authority concerned. The Central Government has recently launched an online RTI portal http://rtionline.gov.in/

This portal allows you to file RTI applications with select Central Government Ministries.

A few states are said to be in the process of launching a website for this.

If the information sought concerns the life and liberty of a person, the requested information has to be provided in 48 hours

Information should be provided by the PIO within 30 days of receiving the RTI request.

If the application is submitted to an APIO, then an additional 5 days will be taken to provide the response.

If the information sought concerns the life and liberty of a person, the requested information has to be provided in 48 hours.

No! Under the Act, the PIO to which you addressed the request for information, should forward the application to the appropriate PIO, within five days of receiving the request.

Yes! The state government decides the fee that a public authority of the state can charge for providing information. The Central Government has announced a fee of Rs 10 per application. Please check Table II (above) for the fee charged by different state governments and how they can be paid.

Keep a copy of your RTI application before you send it! Send RTI applications by Registered Post for acknowledgment of receipt

If you possess a Below Poverty Line card, you need not pay the RTI fee, and should attach a copy of the card along with the request for information.

Apart from the application fee, the public authority can also charge you for providing the information sought in printed or electronic forms. This depends on the volume of data requested. Usually, information that runs to several pages is charged at Rs 2 per page. Any additional fees required for the information will be detailed by the PIO in his response.

If the information is not provided within the stipulated 30 days, then the information has to be provided free of charge.

Then you should prefer an appeal. This appeal must be made to the Appellate Authority, who has been given the task of processing RTI appeals in every public authority. The appeal must be made within 30 days after the time by which you should have ideally received a response for your application- that is, the appeal should be filed between 30 and 60 days after your RTI application reached the public authority.

You should appeal to the Appellate Authority. The appeal must be made within 30 days of receiving the response. If there is a justifiable reason for delay, the appeal can be filed even after the allowed time period.

Yes! Certain information need not be shared using the RTI. In that case, information can be refused. You can still appeal against the refusal, if you think the information should be accessible under the RTI Act.

This appeal must be made to the Appellate Authority within 30 days of receiving a response.

When the PIO rejects information for your request, reasons for the refusal, how you can appeal against the refusal and the Appellate Authority to whom the appeal must be sent should also be mentioned in the his/herresponse.

In this case, you may file a second appeal with the Central/State Information Commission concerned. The appeal has to be filed within 90 days of the expiry of the response period for the RTI appeal, or within 90 of receiving a response for the appeal. Appeals can be accepted even after this time period if a valid justification for delay has been provided.

No, there is no time limit for the SIC/CIC order.

If the CIC/ SIC finds that a PIO has

• unreasonably refused to receive the RTI application
• unreasonably refused to provide the information in the time specified
• delayed information
• knowingly given wrong, incomplete, misleading information
• destroyed the information requested
• obstructed providing the information in any way

it can impose a penalty of Rs 250 daily on the PIO till he/she provides receives the application or provides the information, as the case may be. The maximum fine that can be imposed is Rs 25,000.

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