RIGHT TO INFORMATION ACT,2005

Who can ask for information under Right to Information?

Any citizen can ask for information under these laws.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.

How to write an RTI Application?

• Pre-requisites:
  • Your name, address, contact telephone number and your email id
  • Information about Public Information officer, name, address e.t.c. Locate central Government PIO's here! 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 not adress your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.
• Are there any organization in Government not covered under RTI Act?
• Mode of Payment available with CPIO, the fees, and Contact person to receive the application. (In most of the cases the Assistant Chief Public Information officer, ACPIO or directly the CPIO).

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 [remember to take your receipt]
• 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 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 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. Please see respective state rules for complete details
• 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, as per DoPT circularavailable here

Read this topic: How to Submit an 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. Follow these guidelines:

• Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper. You can use your letter pad for asking for information.
• The matter can be hand written, or typed. There is no compulsion of typing the content.
• Make sure the application is legible and easy to read.
• There is no restriction on number of pages for asking information.
• There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones.

NOTE: The state of Karnataka has recently passed a amendment to its RTI rules restricting the RTI application to one subject matter and to 150 words. Please see:

• Be very specific & ask to the point questions. Don't ask vague questions.
• Ask as many short questions as you like ,but don't ask for voluminous information.
• Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information.
• Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act.
• You can ask for reasons behind a "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"
• If the information sought is voluminous, it is better to ask it in the form of CD to save on cost.
• Remember that, you do not need to write the reason for asking the information.
• Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details , etc., towards the end of your application

See this very good thread regarding framing of RTI application, it's format: click here!

Download the sample RTI application here from our sister resource site, http://www.rtiindia.info

• Read these informative posts:

• What does information means under RTI?
• deficient application, can the PIO reject it!
• Records not Traceable
• Does citizen have the right to access personal information.
• Can a Secretary ask for any information?
• deposit of fees
• Charges for the scanned copies
• Information requested for records which are 12 years old
• Information to be asked in the form available.
• can I get information before 30 days under RTI?
• CPIO did not sign the denial letter under RTI
• When should I get reply under RTI?
• Oral Request?
• Can Information Officer direct to approach other authority
• Can I directly approach the CIC for relief?
• Anonymous complain?
• Info seekers must use decent language: CIC

If you have problem in drafting RTI application or you have queries regarding any aspect of Right to Information, browse around the RTI India forumto get more information, or if you have specific question, post it at relevant forum.

How to submit a RTI Application

If you want to learn about 'How to draft an RTI Application', kindly read this here!

You will need a proof, that your RTI application has been received by the PIO. 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 despatching post office to get the AD card completed
• Speed Post (A postal department service): Once the application is sent by Speed Post, track it onhttp://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you

Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery.

Designated Post Offices:

In order to facilitate citizens in filing RTI applications, the government has designated certain Post Offices for accepting RTI applications addressed to Public Authorities (PA's) under Central Government. These cannot be used for submitting RTI Applications addressed to State PA's, Legislatures, Courts, etc.

A list of designated Post Offices is available here:

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

You can read the following thread for further information regarding submitting your RTI applications through designated post offices:

http://www.rtiindia.org/forum/1653-t...end-cpios.html

Time limits specified in the RTI Act

Notes:

• 3^rd Party can be anyone other than the citizen applying for information
• Please account for adequate time for postal delays

Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.


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 3rdParty 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

How to write First Appeal under RTI?

13 Simple Guidelines to follow while filing 1st Appeal under Right to Information Act 2005.

1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).
2. If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO.
3. Find out name, designation and address of first appellate authority from the decision letter of CPIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.
4. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:
   The First Appellate Authority under RTI Act 2005
   C/O.
   Head of _______________Dept/office
   and mention address of CPIO’s dept/office
5. If you want to be present during the first appeal hearing, mention it at the end of your appeal.
6. No fee is prescribed for first appeal for Public Authorities under the Central Government.
7. Some States have a prescribed fee and a specified format for First Appeal. Please check RTI Rules of individual Sates regarding First Appeal fees (if any), mode of payment, format (if any) if your First Appeal is to a Public Authority falling under State Government. Please visit www.rti.gov.infor details of various states.
8. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature.
9. Retain one set of appeal and postal receipt and AD receipt.
10. You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided.
11. FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing.
12. The FAA can give either a "spoken" order or a written order.
13. Department of Personnel and Training (DoPT) has issued specific instructions to FAA's. These can be referred to here:

http://www.rtiindia.org/forum/2987-i...authority.html

Experience with FAA is not encouraging so far, as he belongs to the same dept/office of which information is sought. Usually FAA concurs with the CPIO. FAA is a senior officer in the office/dept of CPIO. Below find attached the format for First Appeal.

How to File a Second Appeal under RTI? (For Central Public Authorities)

Kindly follow these guidelines for filling Second Appeal at Central Information Commission.

1. Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”
2. Get it typed in double space.
3. Get one photocopy of:
   • Original application under RTI with its enclosures
   • First appeal with its enclosures
   • Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
   • Copy of demand letter of CPIO for charges if any
   • Postal proof of mailing original application and first appeal
   • Postal AD slips/official acknowledgement received from CPIO and FAA
   • Decisions of CPIO and FAA if received
4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.
5. Prepare additional four sets as above by photocopying.
6. Sign each page of appeal, index and chronology chart [all five sets].
7. Self attest all the photocopies by signing under the word “Attested”
8. Send one set by speed/regdad/upc post to each of CPIO and FAA and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.
9. Mail original set and one extra copy of set by registered AD to the commission at the following address:
   The Registrar,
   CENTRAL INFORMATION COMMISSION
   II floor, August Kranti Bhavan,
   Bhikaji Kama Place,
   NEW DELHI 110066
10. Avoid courier services.
11. Retain one set for your record and reference, with proof of mailing and AD received from CIC/CPIO/FAA for having received second appeal/complaint.
12. If postal AD card is not received or acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send by speed post copy of only second appeal/complaint [without enclosures] with a request to trace the same at CIC. Photocopy of regd post receipt may also be mailed to CIC.
13. You can consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free.

Along with this Article kindly find the following in .pdf format:

• Dummy form for filling second appeal
• Index of Appeal/Complaint
• Chronological Chart of RTI Application
• Guidelines of filing Second Appeal/Complaint with the Central Information Commission.

COMPLAINT UNDER RTI ACT 2005

COMPLAINT 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.
Situations under which complaint can be lodged

1. No PIO or APIO or FAA is appointed by public authority.
2. PIO/APIO/FAA has refused to receive application/appeal.
3. No reply is received from PIO & FAA within time limit fixed by the act.
4. Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete etc.
5. Information has been wrongly and unjustifiably refused.
6. When applicant is required to pay fee/charges in excess of those prescribed in RTI rules applicable.
7. PIO/APIO is not accessible in person or by post and his whereabouts are not easily available/prominently exhibited.
8. Proactive disclosure under section 4 [1] has not been made or it is not made publicly available/accessible.
9. PIO/FAA has wrongly refused inspection of records of public authority or reasonable cooperation is not extended during inspection.
10. 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.
11. PIO/FAA disobeys orders of CIC/SIC.
12. Any other situation where the citizen has been wrongly restrained/refused access to information to which he is entitled under the act.
13. Any other violation of provisions of the act by public authority, PIO or FAA.

How to lodge complaint

1. 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. [www.cic.gov.in]
   In case of information of public authorities of State Govts, complaints have to be lodged with respective State Information Commissions [SICs]. Details are available on official websites of State Govts. /State Information Commissions. Please visit http://www.rtiindia.org/guide/ ORwww.rti.gov.in for statewise details.
2. 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. For CIC and those SICs, which have not prescribed format, complainants can use guidelines and format as available athttp://www.rtiindia.org/guide/how-to...l-under-rti-3/ with minor changes
3. CIC does not charge any fee for complaints. Some SICs charge fees for this purpose.
4. 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.
5. Send copy of complaint to PIO/FAA simultaneous with CIC/SIC. At times PIO/FAA solves your problem before hearing at CIC/SIC.
6. Ask for punishment to PIO/FAA under the act and also claim compensation for not getting the information in time.
7. Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
8. Complaint is in addition to Second/final Appeal available to applicants.
9. It is advisable to simultaneously approach head of the organization or govt. dept at capital-level [secretary/chief secretary] for his intervention. This may help get information.
10. After lodging complaint, please check from concerned website if the same is registered and registration number and status.
11. In case of information pertaining to life and liberty, the complaint should be conspicuously 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.
12. CIC/SICs are flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard.
13. It is advisable to take free help from experienced RTI activists/NGO if locally available so that matter can be effectively and properly represented through complaint.

Silence of good men is more dangerous than brutality of bad men —Martin Luthar King

Second Schedule of the RTI Act 2005

The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005.

However, these Public Authorities have to respond to RTI Applications which pertain to subjects of Human Rights and Corruption. As per Section 5(1) of the RTI Act and the instructions of DoPT, they are also supposed to have a PIO and a AA.
(Please see: http://www.righttoinformation.gov.in...24_2007_IR.pdf)

As on 28th March 2008, the following is the list in the Second Schedule:

1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Sashastra Seema Bal.
16. Directorate General of Income-tax (Investigation) .
17. National Technical Research Organisation.
18. Financial Intelligence Unit, India.
19. Special Protection Group.
20. Defence Research and Development Organisation.
21. Border Road Development Board.
22. National Security Council Secretariat



Similarly, some States within the union has also exempted certain Public Authorities in the respective states, from the purview of the Act. Please check separately for each State.

To read the full act visit here: http://act.rtiindia.info

NOTE: Vide a gazette Notification dated 8th October 2008, one more organisation was added to the exempted list:

22. National Security Council Secretariat


http://persmin.gov.in/WriteData/Circ..._6_2008_IR.pdf

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Haider Ajaz