Frequently Asked Questions about RTI Act

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What is RTI?

RTI stands for Right to Information. Right to Information is a part of

fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says

that every citizen has freedom of speech and expression.

When did RTI Act come into force?

The Central Right to Information Act came into force on the 12th October, 2005.

However, before that 9 state Governments had passed state Acts. These were J &

K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam &

Goa.

What rights are available under RTI Act 2005?

Right to Information Act 2005 empowers every citizen to

Ask any questions from the Government or seek any information; Take copies of

any government documents; Inspect any government documents; Inspect any

Government works; Take samples of materials of any Government work.

Who is covered under RTI?

The Central RTI Act extends to the whole of India except the State of Jammu and

Kashmir. All bodies, which are constituted under the Constitution or under any

law or under any Government notification or all bodies, including NGOs, which

are owned, controlled or substantially financed by the Government are covered.

What is " substantially financed " ?

This is neither defined under RTI Act nor under any other Act. So, this issue

will evolve with time, maybe through some court orders etc.

Are Private bodies covered under the RTI Act?

All private bodies, which are owned, controlled or substantially financed by the

Government are directly covered. Others are indirectly covered. That is, if a

government department can access information from any private body under any

other Act, the same can be accessed by the citizen under the RTI Act through

that government department.

Isn't Official Secrets Act 1923 an obstacle to the implementation of RTI Act?

No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all

existing Acts including Officials Secrets Act.

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.

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.

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.

Can access be denied to file notings?

No. File notings are an integral part of the government file and are subject to

disclosure under the Act. This has been clarified by the Central Information

Commission in one of its orders on 31st Jan 2006.

How do I locate the full Act?

The full Act in Hindi and English is available on the website of Department of

Personnel and Training www.persmin.nic.in. It is also available on this website.

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. In addition, several officers have been

appointed as Assistant Public Information Officers (APIOs). Their job is only to

accept applications from the public and forward it to the right PIO.

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. The list of these post offices is given at

http://www.indiapost.gov.in/rtimanual16a.html

Is there any fee? How do I deposit that?

Yes, there is an application fee. For Central Government Departments, it is Rs

10. However, different states have prescribed different fee. For details see

rules framed by the states on this website. For getting 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. You can

deposit fee wither in cash or through a DD or bankers cheque or postal order

drawn in favor of that public authority. In some states, you can buy court fee

stamps and affix it on your application. This would be treated as if you have

deposited the fee. You can then deposit your application either by post or by

hand.

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.

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. You should apply in these

formats. Please read rules of respective states to know

How can I apply for information?

Draft your application on a normal sheet of paper and submit it by post or in

person to the Public Information Officer (PIO). [Remember to keep a copy of the

application for your personal reference]

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: Demand Draft, Indian Postal Order, Money orders (only in some

states), Affixing Court fee Stamp (only in some states)

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 despoist 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 alongwith your RTI application. Please see respective

state rules for complete details.

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 online at www.rti.gov.in

What if I can not 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.

Do I have to give reasons why I want a particular information?

Absolutely not! You are not required to give any reasons or additional

information other than your contact details (i.e., Name, Address, and Phone

No.). Sec 6(2) clearly says that no information other than contact details of

the applicant shall be asked.

Can the PIO refuse to accept my RTI application?

No. The PIO can not 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).

Has any penalty been imposed so far?

Yes, some officers have been penalized by the Central as well as State

Information Commissioners.

Does the Applicant get the amount fined to the PIO?

No. The amount fined is deposited in the government treasury. However, under sec

19, the applicant can seek compensation.

What should I do if I do not receive satisfactory 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?

No 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 should I do after getting information?

There cannot be one answer for that. It depends on why you asked for that

information and what type of information is it. Often a lot of things start

falling in place just by asking for information. For instance, you would get

your passport or a ration card just by your asking for the status of your

application. In many cases, roads got repaired as soon as the money spent on its

repairs in the last few repairs was asked. So, seeking information and

questioning the government is an important step, which in itself is complete in

many cases.

But suppose you expose some corruption or wrongdoing using RTI. Then, you can

complain to vigilance agencies, CBI or even file an FIR. But it is seen that the

Government does not take any action against the guilty even after repeated

complaints. Though one can keep up the pressure on vigilance agencies by seeking

to know the status of complaints under RTI, however, the wrongdoings can also be

exposed through media. However, experience has not been very encouraging at

getting guilty punished. But one thing is certain. Seeking information like this

and exposing wrongdoings does improve the future. The officials get a clear

message that the people of that area have become alert and any wrongdoings in

future would not remain hidden as they were in the past. So, their risks of

getting caught increase.