1. RTI 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.
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2. You
can seek information from any department of the central
or state government, from panchayati raj institutions,
and from any other organization or institution (including
NGOs) that is established, constituted, owned, controlled
or substantially financed, directly or indirectly, by
the state or central government (section 2(a) &
(h)).
3. In each department, at least one
officer has been designated as a public information
officer (PIO). He/She accepts the request forms and
provides information sought by the people (section 5(1)).
4. In addition, in each sub-district/divisional
level there are assistant public information officers
(APIOs) who receive requests for information and appeals
against decisions of the public information officers,
and then send them to the appropriate authorities (section
5(2)).
5. Any person seeking information should
file an application in writing or through electronic
means in English or Hindi (or in the official language
of the area) along with the application fees with the
PIO/APIO (section 6(1)).
6. Where a request cannot be made in
writing, the PIO is supposed to render all reasonable
assistance to the person making the request orally to
reduce the same in writing (section 6(1)).
7. Where the applicant is deaf, blind,
or otherwise impaired, the public authority is supposed
to provide assistance to enable access to the information,
including providing such assistance as may be appropriate
for the inspection (section 7(4)).
8. Besides the applicant's contact
details, the applicant is not required to either give
any reasons for requesting the information or any other
personal details (section 6(2)).
9. A reasonable application fee (Rs
10/- as prescribed by the Central Government, whereas
in other states the fee amount may vary. [Refer to Annexure
2(fee rules chart) on page……..] will be charged for
each application and supply of information. However,
no fee is chargeable from persons below the poverty
line (section 7(5)), or if the information is provided
after the prescribed period (section 7(6)).
10. A fees will be charged for obtaining a copy of the
documents. (The Central Government has prescribed fees
of Rs.2/- for each page created and copied. In some
states the charges are higher. If the Information is
not provided in the stipulated time limit then the information
will be provided for free. (u/s 7(6)).
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Processes
• Application to be
submitted in writing or electronically, with prescribed
fee, to Public Information Officer (PIO).
•Envisages PIO/APIO in each department/agency
to receive requests and provide information. These
will be existing officers.
•Information to be provided within 30 days.
48 hours where life or liberty is involved. 35
days where request is given to Asst. PIO, 40 days
where third party is involved and 45 days for
human rights violation information from listed
security/intelligence agencies.
•Time taken for calculation and intimation
of fees excluded from the time frame.
• No action on application for 30 days is
a deemed refusal.
•Information to be provided free of cost
if provided beyound the stipulated time.
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Appeals & Complaints
• First appeal with senior officer in the
department, to be disposed off in 30-45 days.
• Second appeal with Information Commission.
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Penalties
• Complaints against violation of the Act
to Information Commission, which can impose penalties.
• For unreasonable delay – Rs 250
per day up to Rs 25,000.
• For illegitimate refusal to accept application,
malafide denial, knowingly providing false information,
destruction of information, etc. – up to
Rs. 25,000 fine.
• Recommendation to initiate disciplinary
action in case of persistent denial. |
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11. If the PIO feels that the sought information does not
pertain to his organization then it shall be his responsibility
to forward the application to the related/relevant organization
within 5 days and also inform the applicant about the same.
In such instance, the stipulated time limit for provision
of information would be 35 days (u/s 6(3)).
12. In case PIO does not furnish information within the prescribed
period or unreasonably troubles the applicant, then the applicant
can file a complaint against him with the information commission.
13. In case a PIO without any reasonable cause fails to receive
an application for information, malafidely denies a request
for information, or knowingly gives incorrect, incomplete
or misleading information, or asks for high fees for furnishing
the information the applicant can file a direct complaint
to the Central or the State Information Commission.
14. The PIO can deny information in some cases/matters. The
various exemptions from disclosure of information are listed
in Sections 8 and 9 of the RTI Act, 2005.
15. If the sought information is in public interest then
the exemptions enumerated in Section 8 of the RTI Act, 2005
can also be disclosed.
16. Any information that cannot be denied to parliament or
legislative assembly cannot be denied to a common citizen.
17. In case a person fails to get a response from the PIO
within the prescribed period or is aggrieved by the response
received, or misuses Section 8 of the Act, then he/she canfile
an appeal within 30 days with an officer superior in rank
to the PIO( first appellate authority) (section 19(1)).
18. If the appellant is not satisfied with the 1st appeal
then he/she can file a 2nd appeal with the State Information
Commission or the Central Information Commission within 60
days (u/s 19(3).
19. If a PIO fails to furnish the information asked for under
the Act or fails to communicate the rejection order, within
the time specified, the PIO will be liable to pay a penalty
of Rs 250 per day for each day of delay, subject to a maximum
of Rs 25,000 (section 20(1)). The information commission can
also recommend disciplinary action against the concerned PIO,
under the service rules applicable to him/her (section 20(2)).
SSK's initiatives.....
One-day orientation workshop on
Right to information (RTI) was organised in the following
degree colleges
Mahatma Gandhi Gramodaya
Vishwavidhyalaya, Chitrakoot on 13th September 2007,
Chandrakala Inter college, Mirzapur on 18th September
2007. One-day orientation workshop on Right to information
(RTI) was organised for degree college students in
Sitapur. The workshop was organised in three degree
colleges namely Hindu Kanya Mahavidhyalaya, Sacred
Heart Degree College and Government Degree College
on 28.09.2007 and 03.10.2007 respectively. The aim
of these orientation workshop was to orient the students
on the importance and utility of the RTI Act. The
students were explained the provisions of the Act
and procedure to file an application under the same.
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© : Sahbhagi Shikshan Kendra, Lucknow
