PREAMBLE

“An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

WHEREAS the Constitution of India has established democratic Republic;

AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it.

BE it enacted by Parliament in the fifty-sixth year of the Republic of India as follows”

GENERAL NOTE

It has been well said that a democracy is run on informed public opinion. However, the means of obtaining information is a matter of grave concern for the functioning of a democracy. Citizens’ actions shall be assailed at the hands of the administration though however no corresponding provisions were made of passing information to the citizens on matters of importance to a citizen. This lacuna in the legislative programme would upset many welfare projects and can be taken over by corrupt officials and bureaucracy. It is in order to prevent such takeovers by corrupt and dishonest bureaucracy and/or the administration that the Act such as this can be of some hope and some relevance.

THE SALIENT FEATURES OF THE RTI ACT

1. The Act seeks to streamline the administration in order that the various functionaries of the Government adapt themselves to the obligation of furnishing information as called for.

2. It provides for an independent apparatus or instrumentality for enabling the citizens to obtain information about the functioning of various Government bodies.

3. By definition and otherwise, it has spelt out the contents of the obligation to furnish information as also has made distinction as to the matters to which the obligation is not attached while matters are enlisted which are exempted for being furnished as and by way of information to the requesting member of the public.

4. The Act provides for:

• Hierarchy of instrumentalities with inbuilt provisions for appeal.

• Remedy to third party as defined in the Act.

5. The Act bars jurisdiction of Civil Courts.

6. The Act exempts organisations in the Second Schedule to which this Act not to apply. In this list later on some further organisations are added:

• Directorate General of Income-tax (Investigation) w.e.f. 27-3-2008.

• Central Bureau of Investigation (CBI) w.e.f. 29-6-2011.

• National Investigation Agency w.e.f. 29-6-2011.

• National Intelligence Grid w.e.f. 29-6-2011.

7. The Act empowers the Central Government to prepare educational programmes, etc.

FREQUENTLY ASKED QUESTIONS

This portion is divided into 2 parts. Part A deals with understanding the RTI Act and how to access information through this Act. Part B gives a detailed look into the working of the RTI machinery.

PART A – Implementation of the RTI

1. When did the RTI Act come into force?

It came into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005).

2. Is this Act applicable across all of India? [S.1 (2)]

The Act extends to the whole of India except the State of Jammu and Kashmir, which has its own Act.

3. Can a non-citizen apply for obtaining information from the Government? [S.3]

No, under section 3 of the RTI Act, 2005 only citizens of India are entitled to obtain information. An NRI, if holding Indian passport is eligible but not an NRI holding a foreign passport. Bodies like companies, trusts, firms, etc. have no right to information. However, CIC in some cases have allowed application from such entities. In many other countries e.g. USA, any individual, whether citizen or not, is eligible to make an application.

4. Who all (or which bodies) are covered under the RTI Act, 2005? [S.2 (h)]

All public authorities are covered under the RTI Act, 2005. A public authority is any authority or body or institution of self- Government established or constituted: [S. 2(h)]

1. By or under the Constitution;

2. By any other law made by Parliament;

3. By any other law made by State Legislature;

4. By notification  issued or order made by the appropriate Government. and includes any—

1. Body owned, controlled or substantially financed;

2. Any non-government organization substantially financed directly or indirectly by the appropriate Government.

The RTI Act, 2005 covers a wide spectrum of bodies, institutions etc. of the Central Government and the State Governments, panchayat raj institutions, local bodies and significantly, all bodies, and non-governmental organisations (NGOs) that are owned, controlled or substantially financed by the Government, directly or indirectly.

5. Who is excluded? [S. 24]

A total of 25 Central Intelligence and Security agencies specified in the Second Schedule, which totals 25. Same includes Directorate of Revenue Intelligence, Intelligence Bureau, Directorate General of Income-tax (investigation), Central Bureau of Investigation. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organisations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violations could be given but only with the approval of the Central or State Information Commission, as the case may be.

6. What is the implementing structure of the RTI Act?

1. The Public Information Officer (PIO) is at the first rung.

2. The officer who is senior in rank in the same Public Authority, is the First Appellate Authority (FAA)

3. The Information Commission (Central/State as the case maybe), is the second Appellate Authority.

7. Who are Public Information Officers (PIOs)?

The PIO is an officer designated by a public authority in each of its administrative units or offices to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

8. What does Right to Information mean? [S.2(j)]

It includes the right to —

Inspect works, documents, records.

Take notes, extracts or certified copies of documents or records. Take certified samples of material.

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

9. What does information mean under the Act? [S. 2(f)]

Information means any material already available with the public authority. The PIO is not required to generate/create information. The PIO is not expected to give any explanation or interpretation of the available data.

Information may be 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.

10. Can information be denied? [S. 8)]

The PIO can deny information if there is some error in the application process (the fees have not been paid), or if the information being sought is not held, or if the authority to which the application is made is not a ‘public authority’.

The RTI Act overrides all other Acts and Rules so the PIO cannot withhold information citing another Act.

11. What kind of information is not open to disclosure? [S.8)]

The following is exempt from disclosure [S. 8)]

1. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

2. Information which has been expressly forbidden to be published by any Court of law or Tribunal or the disclosure of which may constitute contempt of court;

3. Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

4. Information including commercial confidential trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

5. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

6. Information received in confidence from foreign Government;

7. Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

8. Information which would impede the process of investigation or apprehension or prosecution of offenders;

9. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

10. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual.

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub- section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

Subject to the provisions of clauses (a), (c) and (i) of sub- section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be fi subject to the usual appeals provided for in this Act.

Section 9 - Grounds for rejection to access in certain cases

Without prejudice to the provisions of section 8, a Public Information Officer may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

12. Is partial disclosure of information allowed? [S. 10]

Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided.

13. When do you file an RTI?

An RTI may be filed when:

• You need information on some activity of the Government, or reasons recorded (if any) for certain decisions.

• You know or suspect corruption or wrongdoing in some department or activity. The mere asking of information sometimes reduces illegal acts, since the wrongdoers feel restrained or threatened by exposure.

• Bribes are sought to give you ration card or water connection or an authority refuses to act on a complaint or FIR.

• You feel you could suggest improvements, if you have the information.

14. What is the application procedure for requesting information?

Find out the designation of the officer in-charge of the department, who is responsible. If possible, fi out if there is a designated PIO. Otherwise, you can address your application to the PIO, at the head offi All offi are supposed to display a board giving the name(s) of the PIO. At times, this information can be obtained from the web. If the application goes to the wrong PIO, the Act provides that he has to forward it to the concerned PIO within five days.

Think of how to frame a question asking for information, which will serve the objective you are trying to attain.

Submit a written application to the concerned PIO. The application should be in English or Hindi or in the official language of the area where the application is being made, specifying the particulars of the information sought for. Pay fees as may be prescribed (if not belonging to the below poverty line category).

Make the RTI application in the format given in Appendix A (in Chapter 1) clearly defining the information you are seeking, sign it and take a photo (copy) for your record. Send it to the officer from whom you are seeking information. If you or your representative is delivering it personally, get an acknowledgment on the photo (copy). You can also send it by courier, or registered post, in which case it would be useful to keep the acknowledgment. Some offices cause problems in accepting hand-delivered requisitions. In such cases, courier or post is advisable. The application fee of  ₹ 10 can be paid in the modes as noted above.

15. What information can I omit in the application?

There is no need to give an address, just a PO Box number (operational by you) needs to be included. Note that while it is not mandatory, it is in your interest to give your mobile phone number and/or email to facilitate communication.

16. Is there a special format/form for the application?

There is no specified form to be filed when making an application to the Central Information Officer. However many States including Maharashtra and Gujarat, do have a prescribed format for fi ing an RTI application. The application can also be hand written.

17. What is the application fee and mode of payment?

Please refer Chapter 11 of this book for current details on state- wise, etc.

18. What is the process of RTI application to PA in Central Government?

For application and filed appeal to any PA in Central Government departments the Department of Posts has designated 629 postal offi at the national level. The designated offi in these post offi es work as Assistant PIOs and collect the application to forward to the concerned PIO. Same is done without charging you the cost of forwarding. A list is available on http://www. indiapost.gov.in/rticontents.html

After entering into the website click on CAPIOs.

19. What happens after you file the RTI application?

Within the mandated period of 30 days, one of the following will happen:

You will get the information you have sought, and are satisfied. The PIO may ask for payment of fees, for providing the information. These costs differ from State to State. In Maharashtra the fees are prescribed as follows:

1. For A4 size copies or typed information ₹ 2 per page.

2. For information given on Floppy or CD – ₹ 50.

3. Maps, books or documents, which have been priced earlier, the price fixed for the same.

4. For inspection of files or records no charge for the first hour and ₹ 5 per every fifteen minutes thereafter.

5. Postage costs may be charged.

20. What is the time limit for you to get the information?

• 30 days from the receipt of the request

• 48 hours for information concerning the life and liberty of a person.

• 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.

• If the interests of a third party are involved then time limit will be 40 days [10 days being added (to the 30 days) for the third party to make representation]. For more information refer Section 11.

21. What happens if, after you file an application, the information is not given within the stipulated 30 days? Applicant must be provided information free of cost if the PIO fails to comply within the prescribed time limit.

When the information is provided after the period of thirty days, no cost can be charged for providing the information.

22. What happens if the information asked is denied by the PIO giving reasons mentioned in the exclusion clauses? If no answer is sent to you in 30 days, it is ‘deemed refusal’. If there is a justifiable reason for withholding the information, you will not get the information. If you feel the reason is unjustifiable you can appeal to a higher officer in the relevant PA.

23. What is the system of appeal?

If your application has not been answered, or the information is incomplete, or incorrect you can appeal against the PIO to the First Appellate Authority, who is from the same department and senior to the PIO. If the PIO rejects the application for information he has to inform the applicant the particulars of the Appellate Authority and the reasons for rejection. If no reply is received, or the PIO has not mentioned the name of the Appellate Authority, you could address the appeal to the Head of the Office/PIO. While filing an appeal it is recommended that all relevant documents be attached.

The First Appellate Authority shall dispose of the application within 30 days of the receipt of the appeal or within such extended period not exceeding a total of forty-fi e days from the date of fi thereof, as the case may be, for reasons to be recorded in writing.

The Act does not specify that the FAA has to give the applicant a personal hearing. However the CIC in its judgment (3-4-2013 in the matter of Pradeep A. Ingole vs. CPIO, Department of Posts) has advised that the FAA should as far as possible give the applicant a personal hearing, especially if the applicant requests for it. However, it is not mandatory for an applicant to attend a personal hearing.

The Appellate Authority though belonging to the same department as the PIO is actually conducting a quasi-judicial proceeding and expected to give a fair and unbiased order based on your submissions in the appeal. The actual outcome may be:

1. You get an order directing the PIO to give the information (reasonable chance);

2. You may get an order rejecting the appeal and refusing to give the information;

3. You may get no reply at all. This is deemed rejection, once the period of 30/45 days is over.

If you are not satisfied with the outcome, you can file Second Appeal with the Information Commission within 90 days. There are separate Information Commissions for the State and for Central Government organisations. The power to penalise PIOs is only with the Information Commission. It will be useful to take a look at the Act and the relevant rules by that time.

24. Can a penalty be imposed on the PIO? When is it imposed on the PIO?

RTI is one Act in India which imposes penalty on bureaucrats (PIO here). The Act provides penalty on PIO at ₹ 250 per day (maximum ₹ 25,000).

A penalty is imposed when a PIO commits any of the following defaults without any reasonable cause:

1. Has refused without any reasonable cause to receive an application for information,

2. Has not furnished information within the time specified under sub-section (1) of section 7;

3. Malafidely denied the request for information;

4. Knowingly given incorrect, incomplete or misleading information;

5. Destroyed information which was the subject of the request;

6. Obstructed in any manner in furnishing the information.

This penalty is at ₹ 250 per day for the period of delay i.e., until he gives the information. This penalty is payable by the PIO from his salary and he is also liable for disciplinary action.

25. Is an application made under Right to Information Act through e-mail valid?

1. An application made under The Right to Information Act by e-mail is absolutely valid.

2. Once one has sent the e-mail, one has to take a print out of the “SENT” copy, sign it and then arrange to pay the prescribed application fees in the mode as prescribed. Then, forward it to the concerned Public Authority by post. If the application is to any Central Government Authority it can be forwarded via post office route. The Government has made Post Offices as Assistant Public Information Officer (APIO). It will be the duty of the APIO to forward your application to the concerned Public Authority and no postal charges are payable, thus it will be forwarded free of charge. One may use the “via APIO Post Officer route to submit the signed hard copy.

Part B – Understanding the RTI Machinery

The FAQs below are reproduced from website: www.cic.gov.in as they were earlier posted on the site. Some of these FAQs have been prepared by Narayan Varma.

1. What are the obligations of public authority?

It shall publish within one hundred and twenty days of the enactment of the Act or (within 120 days of becoming a Public Authority)

• The particulars of its organisation, functions and duties;

• The powers and duties of its officers and employees;

• The procedure followed in its decision making process, including channels of supervision and accountability;

• The norms set by it for the discharge of its functions;

• The rules, regulations, instructions, manuals and records used by its employees for discharging its functions;

• A statement of the categories of the documents held by it or under its control;

• The particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;

• A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes of such meetings are accessible to the public;

• A directory of its officers and employees;

• The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

• The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

• The manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;

• Particulars of recipients of concessions, permits or authorisations granted by it;

• Details of the information available to, or held by it, reduced in an electronic form;

• The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

• The names, designations and other particulars of the Public Information Officers. [S.4(1)(b)]

2. Who are ‘Third Parties’?

A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. [S. 2(n) and S. 11]

3. What are the duties of a PIO?

• PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.

• If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.

• PIO may seek the assistance of any other officer for the proper discharge of his/her duties.

• PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in S. 8 or S. 9.

• Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

• If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request.

• Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the Appellate Authority.

• PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.

• If allowing partial access, the PIO shall give a notice to the applicant, informing:

1. That only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;

2. The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;

3. The name and designation of the person giving the decision;

4. The details of the fee calculated by him or her and the amount of fee which the applicant is required to deposit; and

5. His or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.

• If information sought has been supplied by third party or is treated as confi ential by that 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.

• Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.

4. Who are the Appellate Authorities?

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown).

Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (Delay may be condoned by the Commission if sufficient cause is shown).

Third Party appeal against PIO’s decision must be filed within 30 days before First Appellate Authority and, within 90 days of the decision on the First Appeal, before the appropriate Information Commission which is the Second Appellate Authority.

Burden of proving that denial of Information was justified lies with the PIO.

First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (S. 19)

5. How is Central Information Commission constituted?

Central Information Commission to be constituted by the Central Government through a Gazette Notification.

Commission includes one Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India on the recommendation of a Committee consisting of the Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.

Oath of Officer will be administered by the President of India according to the form set out in the First Schedule.

Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government.

Commission will exercise its powers without being subjected to directions by any other authority. (S.12)

6. What is the eligibility criteria and what is the process of appointment of CIC/IC?

Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other officer of profit or connected with any political party or carrying on any business or pursuing any profession. (S.12)

7. What is the term of office and other service conditions of CIC?

CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.

CIC is not eligible for reappointment.

Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service. (S.13)

8. What is the term of office and other service conditions of IC?

IC shall hold officer for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-fi e years, whichever is earlier and shall not be eligible for reappointment as IC.

Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of the IC during service.

IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (S.13).

9. How is the State Information Commission constituted?

The State Information Commission will be constituted by the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.

The State Chief Information Commissoner and the State Information Commissioners will be appointed by the Governor on the recommendation of a committee consisting of the Chief Minister, the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.

Oath of officer will be administered by the Governor according to the form set out in the First Schedule.

The headquarters of the State Information Commission shall be at such place as the State Government may specify. Other offices may be established in other parts of the State with the approval of the State Government.

The Commission will exercise its powers without being subjected to any other authority.

10. What is the eligibility criterion of State Chief Information Commissioner/State Information Commissioners?

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

11. What are the powers and functions of Information Commissions? (S.18 and S.19).

a) The Central Information Commission/State Information Commission has a duty to receive complaints from any person –

• Who has not been able to submit an information request because a PIO has not been appointed;

• Who has been refused information that was requested;

• Who has received no response to his/her information request within the specified time limits;

• Who thinks the fees charged are unreasonable;

• Who thinks information given is incomplete or false or misleading; and

• Any other matter relating to obtaining information under this law.

b) Power to order inquiry if there are reasonable grounds. CIC/SCIC will have powers of Civil Court such as –

• Summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;

• Requiring the discovery and inspection of documents;

• Receiving evidence on affidavit;

• Requisitioning public records or copies from any court or office;

• Issuing summons for examination of witnesses or documents;

• Any other matter which may be prescribed.

All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.

c) Power to secure compliance of its decisions from the Public Authority includes—

• Providing access to information in a particular form;

• Directing the public authority to appoint a PIO/APIO where none exists;

• Publishing information or categories of information;

• Making necessary changes to the practices relating to management, maintenance and destruction of records;

• Enhancing training provision for officials on RTI;

• Seeking an annual report from the public authority on compliance with this law;

• Require it to compensate for any loss or other detriment suffered by the applicant;

• Impose penalties under this law; or

• Reject the application.

12. What is the reporting procedure?

Central Information Commission will send an annual report to the Central Government on the implementation of the provisions of this law at the end of the year. The State Information Commission will send a report to the State Government.

Each Ministry has a duty to compile reports from its Public Authorities and send them to the Central Information Commission or State Information Commission, as the case
may be.

Each report will contain details of number of requests received by each Public Authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected, etc.

Central Government will table the Central Information Commission report before Parliament after the end of each year. The concerned State Government will table the report of the State Information Commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S. 25)

13. What is the jurisdiction of Courts? (S. 23)

Lower Courts are barred from entertaining suits or applications against any order made under this Act. However, the writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 225 of the Constitution remain unaffected.

14. What is the role of Central/State Governments? (S. 26)

Develop educational programmes for the public especially disadvantaged communities on RTI.

Encourage Public Authorities to participate in the development and organisation of such programmes.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a user guide for the public in the respective official language.

Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected, etc.

15. Who has the rule making power? (S. 27 & S. 28)

Central Government, State Governments and the Competent Authority as defined in S. 2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005.

16. Who has the power to deal with the difficulties while implementing this Act? (S. 30)

If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by order published in the Offi al Gazette, make provisions necessary/expedient for removing the difficulty.

17. Can a non-citizen apply for obtaining information from the Government? (S. 3)

No, under section 3 of the RTI Act, 2005 only citizens of India are entitled to obtain information. However NRI, if holding Indian passport is eligible but not the one holding foreign passport. Bodies like companies, trusts, firms, etc. have no right to information. However, CIC in some cases have allowed application from such entities. It may be noted that matter is controversial.

18. Is it essential to give the reason for making request to seek information? (S. 6)

No, according to section 6(2) of the Act the applicant is not required to give the reason for seeking information.

19. What is the meaning of a citizen’s Right to Information?

It is a tool in the hands of every citizen without licence. It’s a human right declared by the International Organisation to fight against corruption, which is a violation of human rights.

20. What is the amount of fees and the procedure for paying fees to get information from the Central as well as State departments?

Depending on your State information rules for mode of payment, you can forward your application for information from the concerned department of your State Government via post by attaching a DD, Money Order, Postal Order or affixing Court fee stamp (in Maharashtra) or hand deliver it.

For all Central Government departments the Department of Posts has designated 629 postal officers 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. Same is done without charging you the cost of forwarding. A list is available on http://www.indiapost.gov.in/rticontents.html

After entering into the website click on CAPIOs

In Mumbai a number of post offices are designated for receiving and posting application of RTI: Each has designated Central Assistant Public Information Officer (CAPIO)

List of designated post offices in Mumbai

Landmark Development for RTI Application

In June 2013 The Government [(the Department of Personnel and Training (DoPT)] has launched an exclusive portal – https://rtionline.gov.in – for the purpose of facilitating filing of RTI application online to be extended to all Central Ministries.

This portal, developed by National Infotech Centre, is a facility for Indian citizens to online file RTI applications and First Appeals and also to make online payment of RTI fees.

The prescribed fees can be paid through Internet banking of State Bank of India and its associate banks as well as by credit or debit cards of Visa or Master, through the payment gateway of SBI linked to this site.

The entire website is prepared in such a way that the system would provide online reply to all RTI applications.

Giving details of the guidelines for the information seeker, the DoPT said that the text of the application that can be uploaded at the prescribed column (on the website) was, at present, limited to 500 words only. “In case an application contains more than 500 words then it can be uploaded as an attachment”, it said.

In case additional fee is required, covering the cost for providing information the CPIO will intimate the applicant about the same through the portal. The First Appeals filed through the website will also reach electronically to the ”Nodal officer” of the DoPT, who would transmit the appeals to the concerned First Appellate Authority (FAA).

This facility of RTI online web portal has been available at 37 Ministries/Departments of Government of India. This facility is presently not proposed to be extended for field offices/attached/subordinate offices.

Recent Developments in the RTI Act

Focus on the Centre, Maharashtra and Gujarat

In 2012, some amendments in the Rules of the Central Government and Maharashtra Government were made to limit the number of words in the application and restricting application to one subject only.

Similar amendments have been made in the Rules of Karnataka, Bihar and Chhattisgarh, same can be viewed on the relevant state’s website as provided in Chapter 11.

MINISTRY OF PERSONNEL,

PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training) New Delhi

NOTIFICATION

Dated July 31, 2012

G.S.R. 603(E) – In exercise of the powers conferred by Section 27 of the Right to Information Act, 2005 (22 of 2005) and in supersession of the Central Information Commission (Appeal Procedure) Rules, 2005 and the Right to Information (Regulation of Fee and Cost) Rules, 2005 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement – (1) These rules may be called the Right to Information Rules, 2012. (2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions – In these rules, unless the context otherwise requires,-

1. "Act" means the Right to Information Act, 2005 (22 of 2005);

2. "Commission" means the Central Information Commission constituted under sub-section (I) of Section 12 of the Act;

3. "First Appellate Authority" means an officer in the public authority who is senior in rank to the Central Public Information Officer to whom an appeal under sub-section (1) of Section 19 of the Act lies;

4. "Registrar" means an officer of the Commission so designated and includes an Additional Registrar, Joint Registrar and Deputy Registrar;

5. "Section" means a Section of the Act;

6. All other words and expressions used herein but not defined in these rules shall have the same meanings assigned to them in the Act.

3. Application Fee – An application under sub-section (1) of Section 6 of the Act shall be accompanied by a fee of rupees ten and shall ordinarily not contain more than five hundred words, excluding annexures, containing address of the Central Public Information Officer and that of the applicant:

Provided that no application shall be rejected only on the ground that it contains more than five hundred words.

4. Fees for providing information – Fee for providing information under sub-section (4) of Section 4 and sub-sections (1) and (5) of Section 7 of the Act shall be charged at the following rates, namely:-

1. Rupees two for each page in A-3 or smaller size paper;

2. Actual cost or price of a photocopy in large size paper;

3. Actual cost or price for samples or models;

4. Rupees fifty per diskette or floppy;

5. Price fixed for a publication or rupees two per page of photocopy for extracts from the publication;

6. No fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction thereof; and

7. So much of postal charge involved in supply of information that exceeds fifty rupees.

5. Exemption from Payment of Fee – No fee under Rule 3 and Rule 4 shall be charged from any person who is below poverty line provided a copy of the certificate issued by the appropriate Government in this regard is submitted along with the application.

6. Mode of Payment of fee – Fees under these rules may be paid in any of the following manner, namely:

1. In cash, to the public authority or to the Central Assistant Public Information Officer of the public authority, as the case may be, against a proper receipt; or

2. By demand draft or bankers cheque or Indian Postal Order payable to the Accounts Officer of the public authority; or

3. By electronic means to the Accounts Officer of the public authority, if facility for receiving fees through electronic means is available with the public authority.

7. Appointment of Secretary to the Commission – The Central Government shall appoint an officer not below the rank of Additional Secretary to the Government of India as Secretary to the Commission.

8. Appeal to the Commission – Any person aggrieved by an order passed by the First Appellate Authority or by non-disposal of his appeal by the First Appellate Authority, may file an appeal to the Commission in the format given in the Appendix and shall be accompanied by the following documents, duly authenticated and verified by the appellant, namely:-

1. A copy of the application submitted to the Central Public Information Officer;

2. A copy of the reply received, if any, from the Central Public Information Officer;

3. A copy of the appeal made to the First Appellate Authority;

4. A copy of the Order received, if any, from the First Appellate Authority;

5. Copies of other documents relied upon by the appellant and referred to in his appeal; and

6. An index of the documents referred to in the appeal.

9. Return of Appeal – An appeal may be returned to the appellant, if it is not accompanied by the documents as specified in rule 8, for removing the deficiencies and filing the appeal complete in all respects.

10. Process of appeal – (1) On receipt of an appeal, if the Commission is not satisfied that it is a fit case to proceed with, it may, after giving an opportunity of being heard to the appellant and after recording its reasons, dismiss the appeal:

Provided that no appeal shall be dismissed only on the ground that it has not been made in the specified format if it is accompanied by documents as specified in Rule 8.

(2) The Commission shall not consider an appeal unless it is satisfied that the appellant has availed of all the remedies available to him under the Act.

(3) For the purposes of sub-rule (2), a person shall be deemed to have availed of all the remedies available to him under the Act:

1. If he had filed an appeal before the First Appellate Authority and the First Appellate Authority or any other person competent to pass order on such appeal had made a final order on the appeal; or

2. Where no final order has been made by the First Appellate Authority with regard to the appeal preferred, and a period of forty five days from the date on which such appeal was preferred has elapsed.

11. Procedure for deciding appeals – The Commission, while deciding an appeal may –

1. Receive oral or written evidence on oath or on affidavit from concerned or interested person;

2. Peruse or inspect documents, public records or copies thereof;

3. Inquire through authorised officer further details or facts;

4. Hear Central Public Information Officer, Central Assistant Public Information Officer or the First Appellate Authority, or such person against whose action the appeal is preferred, as the case may be;

5. Hear third party; and

6. Receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information Officer, First Appellate Authority and such other person against whom the appeal lies or the third party.

12. Presence of the appellant before the Commission – (1) The appellant shall be informed of the date at least seven clear days before the date of hearing.

(2) The appellant may be present in person or through his duly authorised representative or through video conferencing, if the facility of video conferencing is available, at the time of hearing of the appeal by the Commission.

(3) Where the Commission is satisfied that the circumstances exist due to which the appellant is unable to attend the hearing, then, the Commission may afford the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit.

13. Presentation by the Public Authority – The Public Authority may authorise any representative or any of its officers to present its case.

14. Service of notice by Commission – The Commission may issue the notice by name, which shall be served in any of the following modes, namely:

1. Service by the party itself;

2. By hand delivery (dasti) through Process Server;

3. By registered post with acknowledgement due;

4. By electronic mail in case electronic address is available.

15. Order of the Commission – The order of the Commission shall be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.

[F.No. 1/35/2009-IR]

(Manoj Joshi)
Joint Secretary

APPENDIX
FORMAT OF APPEAL
(See Rule 8)

1. Name and address of the appellant

2. Name and address of the Central Public information Officer to whom the application was addressed

3. Name and address of the Central Public Information Officer who gave reply to the Application

4. Name and address of the First Appellate Authority who decided the First Appeal

5. Particulars of the application

6. Particulars of the order(s) including number, if any, against which the appeal is preferred

7. Brief facts leading to the appeal

8. Prayer or relief sought

9. Grounds for the prayer or relief

10. Any other information relevant to the appeal

11. Verification/authentication by the appellant

The Maharashtra Right to Information
(Amendment) Rules, 2012
Dated 16-1-2012
General Administration Department

Mantralaya, Mumbai – 400 032, dated the 16th January 2012

Notification

Maharashtra Right to Information Rules, 2005

No. CRTI/2009/C.R.398/09/VI. – In exercise of the powers conferred by sub-sections (1) and (2) of section 27 of the Right to Information Act, 2005 (22 of 2005), the Government of Maharashtra is hereby pleased to make the following rules further to amend the Maharashtra Right to Information Rules, 2005, as follows, namely:-

1. These rules may be called the Maharashtra Right to Information (Amendment) Rules, 2012.

2. After Rule 3 of the Maharashtra Right to Information Rules, 2005, the following rule shall be inserted, namely:-

“3A. Request relate only to single subject matter:- A request in writing for information under section 6 of the Act shall relate to one subject matter and it shall not ordinarily exceed one hundred and fifty words. If an applicant wishes to seek information
on more than one subject matter, he shall make separate applications.

Provided that, in case the request made relates to more than one subject matter, the Public Information Officer may respond to the request relating to the first subject matter only and may advise the applicant to make a separate application for each of the other subject matters.’’

By order and in the name of the
Governor of Maharashtra

Nandkumar Jantre
Secretary to Government

The Maharashtra Right to Information
(2nd Amendment) Rules, 2012Dated 13-1-2012
General Administration Department

Mantralaya, Mumbai – 400 032,

dated the 31st January, 2012

Notification

Maharashtra Right to Information Rules, 2005

No. CRTI . 2008/CR 356/VI. – In exercise of the powers conferred by sub-section 27 of the Right to Information Act, 2005 (22 of 2005), and of all other powers enabling in this behalf, the Government of Maharashtra is hereby pleased to make the following rules further to amend the Maharashtra Right to Information Rules, 2005, namely:-

1. These rules may be called Maharashtra Right to Information (2nd Amendment) Rule 2012
2. After Rule 3A of the Maharashtra Right to
   Information Rules, 2005, the following rules shall be added namely:

3B. Procedure for seeking inspection of records: If after having considered the application filed by the applicant for seeking inspection of record under the s. (1) of section 6, the Public Information Officer find it appropriate, the applicant may be granted permission inspection of the record and if he grants such permission the Public Information Officer shall requisition the record desired by the applicant for perusal, from the concerned section of the Department and shall give the same to the applicant for inspection in his presence or in the presence of authorised representative, during the office hours. While inspecting such record, the applicant shall be allowed to use pencil only and the information desired by the applicant shall be noted by him by pencil only and if applicant bring any writing instruments other than pencil, he shall deposit the same with the Public Information Officer and thereafter, he shall be allowed to inspect the record. The applicant shall not make any marking on the record by the pencil he is allowed to use during inspection.

By order and in the name of the Governor of Maharashtra

Nandkumar Jantre
Secretary to Government

RTI ONLINE

1. Central Government

Department of Personnel & Training has launched a web portal on 21st August, 2013, namely RTI online with URL www.rtionline.gov.in for all Central Ministries/Departments. This is a facility for the Indian citizens to file RTI applications and First Appeals online to all Central Ministries/Departments. The prescribed RTI fees can also be paid online. Reply to the RTI applications and First Appeals received online can also be given online by the respective PIOs/FAAs.

• Citizen Module

This is the home screen of the citizen module

• For submitting RTI application click on submit request option.

• On clicking on submit request option “GUIDELINES FOR USE OF RTI ONLINE PORTAL” screen will be displayed. This screen contains various guidelines for using RTI online portal.

• Citizen has to click on the checkbox “I have read and understood the above guidelines.” and then click on submit button

• Then Online RTI Request Form screen will be displayed. This form can be used to file an online RTI.

• “Text for RTI Request application” should be up to 3,000 characters. If the text of RTI application is more than 3,000 characters then RTI application can be uploaded in supporting document field.

2. Maharashtra

The Year 2015 brought cheers to the Right to Information (RTI) applicants of Maharashtra as the State Government has decided to permit online filing of RTI applications. Initially, the Mantralaya shall start receiving the RTO applications from January 1, 2015 which would subsequently be extended to all the departments of the State Government by April 1, 2015.

• Citizen Module

This is the home screen of the citizen module

• For submitting RTI application click on submit request option.

• On clicking submit request option “GUIDELINES FOR USE OF RTI ONLINE PORTAL” screen will be displayed. This screen contains various guidelines for using RTI online portal.

• Citizen has to click on the checkbox “I have read and understood the above guidelines.” and then click on submit button.

• By clicking on the submit button an online RTI application form similar to the Central Government will open. (shown above under Central Government).

• “Text for RTI Request application” should be up to 150 words. If the text of RTI application is more than 150 words then RTI application can be uploaded in supporting document field.

Links to relevant websites

Some of the websites listed below are dedicated solely to providing information on RTI. Others have RTI as one of its contents. Any individual who visits one or more of these websites will get lot of information and shall be able to get answers to the queries he has on RTI. Below are a list of various websites with information on RTI. However, not all of these websites are updated regularly.

1. www.cic.gov.in

This is one of the five  websites on RTI. It is hosted by Central Information Commission, New Delhi. It provides very useful information on RTI and includes:

Addresses of the Commissions – Central and States Names and photographs of 9 Central Commissioners

It contains decisions of CIC since 2006, divided in 4 quarters of each year. It has separate spots for full bench decisions of CIC and recent decisions of CIC, also landmark orders of SICs.

It has search engine to get all decisions subjectwise or section wise of the RTI Act.

It gives status of appeals and complaints filed before CIC.

It provides link to CAPIOs of Department of Posts.

Legal opinions, minutes, public notices, press releases, annual

reports, notifications etc.

High Court rulings.

The CIC (Management) Regulations, 2007.

2. www.rti.gov.in

This is a good site. It provides:

RTI Act, RTI Quiz, RTI Guides, Study on RTI, Circulars.

It guides as to: how to find PIO, Appellate Authorities.

Links to various websites of many departments, State Govts., etc

3. www.righttoinformation.gov.in

This is a good site. It provides:

RTI Act, RTI Quiz, RTI Guides, Study on RTI, Circulars.

It guides as to: how to find PIO, Appellate Authorities.

Links to various websites of many departments, State Govts., etc.

4. www.parivartan.com

This is a dedicated RTI website and has scores of information on RTI. Success stories and other info from almost each state.

5. www.mahadikar.org

This is a dedicated RTI website. It was founded by late Kewal Semlani. It has been maintained by one group/ his family members. It has RTI Act, latest news, useful links, list of post offices as APIOs. Certain items are available in regional languages.

6. www.persmin.in

This is the site of Ministry of Personnel, Public Grievances and Pensions.

You have to click RTI to get RTI information. It gives RTI Act, PIO/AA list, RTI Portal, etc. It does not provide much information.

7. www.rtiindia.org

This is RTI community Portal of India. You have to enrol there and then can blog there also.

8. www.inforightsindia.com

This is a dedicated good site for RTI. It also has FAQs but different than as reproduced in Chapter 2 in this book. It provides good guide. Possibly, all benefits of the site one could have only on becoming a member of this organisation.

9. www.ncpri.org

This is a very good site. It covers RTI Act & Central and State rules, addresses of Information Commissions, sample RTI applications, list of other RTI websites links, list of contact details of the organisations working in the area of Right to Information.

10. http://www.rtifoundationofindia.com

The site provides excellent quality literature in the field of RTI which focuses on bridging the gaps that exist between the intention and interpretation of the RTI Act. The various links within the site provides critical information, analyses, expert viewpoints, editorials and related news on developments related to the RTI Act.

11. https://rtionline.gov.in

This is a portal to file RTI applications/first appeals online along with payment gateway. Payment can be made through internet banking of SBI & its associate banks and debit/credit cards of Master/Visa. Through this portal, RTI applications/first appeals can be fi by Indian Citizens for all Ministries/Departments and few other Public Authorities of Central Government. RTI applications through this portal for the Public Authorities under the State Governments, including Government of NCT Delhi are not permitted.

12. https://onlinerti.com

This site offers a service for filing RTI applications. They draft your application as per the rules, find the correct PIO address, pay the fees using IPO or Demand Draft and send the application using speed post.

13. www.rtiforyou.info

This is a website by Public Concern and Governance Trust dedicated to RTI and news on RTI.

14. www.humanrightsinitiative.org

Commonwealth Human Rights Initiative is a New Delhi based NGO. Its two major areas of service are: Police Reforms and Right to Information. It is a very good site for RTI as it gives information on RTI in different parts of the world besides new updates, its publications and provides many links.

15. www.bcasonline.org

This is not dedicated website for RTI but it has the text of RTI Act and all articles on RTI, largely written by Narayan Varma, and published in Bombay Chartered Accountants Journal (BCAJ) are posted on this site.

16. http://govwatch.in

An interesting recent addition, GovWatch is an anonymous platform to help whistleblowers and RTI activists in India pursue truth and justice without fear of retribution or harassment. The site allows you to file an RTI or report a tip without disclosing your identity, and it posts responses to RTIs that have been filed through the site.

17. http://dtf.in/tag/court-judgements-on-right-to- information

This site is designed basically as an aid to all stakeholders in the RTI Act keeping their specified needs in mind. It publishes fresh case laws, in simple language and so provides an insight into how the Information Commission or the Court has dealt with an appeal. The site also gives the latest news and developments in the field of RTI. The site presents a number of study/ reference / legal materials – bare Act, rules, circulars, guide books, etc. at the click of the mouse. State fee rules and appeal rules and Supreme court and high court judgements. A link to the different Information Commissions and other organisations has also been provided.

18. yashada.org

Is the main site of the Yashwantrao Chavan Academy of Development Administration. The RTI home page on this site gives the RTI Act and Rules, and links to the following pages/ sites:

RTI Gateway - http://www.rtigateway.org.in/- web certified online course on RTI, extensive digital library, detailed state wise information on RTI machinery, a directory of RTI resource persons, link to the facebook page, Central Information Commission, Government of Maharashtra, Maharashtra State Information Commission.

It also lists judgment of Supreme Court and High Courts

19. http://indiankanoon.org

This site attempts to assist the lay person trying to understand RTI Act and various cases under it. The site attempts to link the law and relevant judgment by breaking law documents into small clauses, interpreting judgments and by integrating law/ statutes with Court judgments.

20. www.rtigateway.org.in

This is a very good site. It covers RTI Act & Central and State rules, addresses of Information Commissions, sample RTI applications, list of other RTI websites links, list of contact details of the organisations working in the area of Right to Information.