Q.No.1. What does R.T.I mean?

EVERY citizen has a right to know how the Government its functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to officially inspect any Government work or to take sample of material used in any work.
RIGHT TO INFORMATION INCLUDES the right to:

1. Inspect works, documents, records;

2. Take notes, extracts or certified copies of documents or records;

3. Take certified samples of material;

4. Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in any other electronic mode or through printouts;

"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.
"Record" includes:

a) Any document, manuscript and file
b) Any microfilm, microfiche, and facsimile copy of a document
c) Any reproduction of image or images embodied in such microfilm

(whether enlarged or not); and

d) Any other material produced by a computer or any other device;
An applicant cannot ask for opinions/advice/views under the RTI Act, unless the opinion/advice/view is already on "record".
However, under Section 4(1)(d) of the Act, an applicant can ask for "reasons" behind a administrative or quasi judicial decision of a public authority, especially if he is a "affected person".

Q.No.2 Who can ask for information?

Any citizen can ask for information under the RTI Act. The Act extends to the whole of India except the State of Jammu and Kashmir.

OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) card holders can also ask for information under the RTI Act.

For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy/Consulate/High Commission and they will inform you regarding the amount of application fee in local currency as well as the mode of payment.

Q.No.3. How to write an RTI application?

• Pre-requisites:

  • Your name, address, contact telephone number and your email id

  • Application is to be addressed to Public Information Officer/APIO or 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.

Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI. The amount of fees and the mode of payment varies and you should check the correct rules as applicable in your case.

Generally, you can deposit your application fee via:

• In person by paying cash

• By Post through:

• Demand Draft/Bankers Cheque

• Indian Postal Order

• Money orders (only in some states)

• Affixing Court fee Stamp (only in some states)

• Some state governments have prescribed 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.

• For Public Authorities under Central RTI rules, DoPT has recently clarified that BC/DD/IPO can be in favour of "Accounts Officer". If the department or administrative unit does not have a Accounts Officer, they are supposed to designate someone.

Q.No.4. Are there any organization in Government not covered under RTI Act?

Yes the intelligence agencies specified in the second Schedule are not bound to make available the information.

Q.No.5 How RTI Application should be sent?

The tested methods to submit a RTI application are:

• Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the PIO or by the inward department

• Registered Post AD: The AD card will Act as proof of submission, after it is returned to you by the postal department. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completed

• Speed Post (A postal department service): The application can be sent by Speed Post, with AD card.

It is advisable not to use ordinary post, private courier companies, etc.
Q.No.6 What are the Guidelines for filing on RTI Application?

Application Guidelines:

While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application.

There is no restriction on number of questions that can be asked in one application. However, it is generally advisable to restrict one application with limited set of questions and generally related ones.

Q.No.7. What is the time limit under which you will get information?

Following are the various time limits specified in the RTI Act 2005:
For matters involving "Life and Liberty", the time limit for the PIO to provide information is 48 Hours.

For PIO to reply to application

30 days from date of receipt of application

For PIO to transfer to another PA under Sec 6(3)

5 days from date of receipt of application

For PIO to issue notice to 3rd Party

5 days from date of receipt of application

For 3rd Party to make a representation to PIO

10 days from receipt of notice from PIO

For PIO to reply to application if 3rd Party involved

40 days from date of receipt of application

• For applicant to make First Appeal

30 days from date of receipt of PIO’s reply or from date when reply was to be received

For First Appellate Authority to pass an order

30 days from receipt of First Appeal OR

Maximum 45 days, if reasons for delay are given in writing

For applicant to make Second Appeal before CIC/SIC

90 days from receipt of First Appeal orders or from the date when orders were to be received

For CIC/SIC to decide Second Appeal

No time limit specified

Q.No.8. If Information under RTI Act is not furnished whether any complaint case be made under RTI Act?

Section 18 of the Act empowers Central Information Commission [CIC] and also State Information Commissions [SICs] to enquire into complaints against Public Authority, Public Information Officer [PIO] and First Appellate Authority [FAA]. The section has provided for enquiring and taking corrective steps by the respective commissions in respect of majority of problems that the applicant/appellant may face in getting information to which he is entitled to under this Act.

Q.No.9. Under which situation the complaint can be lodged under Section 18 of RTI Act?

• No PIO or APIO or FAA is appointed by public authority.

• PIO/APIO/FAA has refused to receive application/appeal.

• No reply is received from PIO & FAA within time limit fixed by the Act.

• Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete etc.

• Information has been wrongly and unjustifiably refused.

• When applicant is required to pay fee/charges in excess of those prescribed in RTI rules applicable.

• PIO/APIO is not accessible in person or by post and his whereabouts are not easily available/prominently exhibited.

• Proactive disclosure under section 4 [1] has not been made or it is not made publicly available/accessible.

• PIO/FAA has wrongly refused inspection of records of public authority or reasonable cooperation is not extended during inspection.

• PIO, FAA or any other person directly/indirectly intimidates or ill-treats or pressurizes the applicant/appellant or restraints him from exercising his right under the Act.

• PIO/FAA disobeys orders of CIC/SIC.

• Any other situation where the citizen has been wrongly restrained/refused access to information to which he is entitled under the Act.

• Any other violation of provisions of the Act by public authority, PIO or FAA.

Q.No.10. Where to lodge complaint under RTI?

• Complaints relating to information of central government public authorities are to be lodged with Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066.
  In case of information of public authorities of State Govts, complaints have to be lodged with respective State Information Commissions [SICs].

• CIC and some of SICs have prescribed minimum information or papers that must be submitted with the complaint. Some SICs have prescribed format for complaint.

• CIC does not charge any fee for complaints. Some SICs charge fees for this purpose.

• There is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaint.

• Send copy of complaint to PIO/FAA simultaneous with CIC/SIC. At times PIO/FAA solves your problem before hearing at CIC/SIC.

• Ask for punishment to PIO/FAA under the Act and also claim compensation for not getting the information in time.

• Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.

• Complaint is in addition to Second/final Appeal available to applicants.

• It is advisable to simultaneously approach head of the organization or govt. dept [secretary/chief secretary] for his intervention.

• After lodging complaint, please check from concerned website if the same is registered and registration number and status.

• In case of information pertaining to life and liberty, the complaint should be conspicuously/ explicitly branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with SIC.

• CIC/SICs are flooded with appeals/complaints and there is huge pendency. Thus it may be advisable to take help from experienced Professionals dealing in RTI so that matter can be effectively and properly be dealt with.