Filing an RTI Application
From GovernIndia
Contents |
What does Right to Information mean?
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.
What kind of information is included? 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 but does not include "file notings".
How to file an RTI application?
A citizen who desires to obtain any information under the Act, should make an application to the Central Public Information Officer (CPIO) of the concerned Public Authority in writing in English or Hindi or in the official language of the area in which the application is made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the Public Authority. The application can also be sent through a Central Assistant Public Information Officer appointed by the Department of Post at sub-divisional level or other sub-district level.
Application Format
- There is no prescribed form of application for seeking information. The application can be made on plain paper.
- The application should have the name and complete postal address of the applicant. Even in cases where the information is sought electronically, the application should contain name and postal address of the applicant.
- The information seeker is not required to give reasons for seeking information.
Fee for seeking information
- The applicant, along with the application, should send a demand draft or a banker's cheque or an Indian Postal Order of Rs.10, payable to the Accounts Officer of the Public Authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the Public Authority or to the Central Assistant Public Information Officer against proper receipt.
- The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to the applicant by the CPIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:
- Rs. 2 for each page (in A-4 or A-3 size paper) created or copied
- Actual charge or cost price of a copy in larger size paper
- Actual cost or price for samples or models
- For inspection of records, no fee for the first hour; and a fee of Rs.5 for each subsequent hour (or fraction thereof)
- For information provided in diskette or floppy Rs.50 per diskette or floppy; and
- For information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.
- If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line. The application not accompanied by the prescribed fee of Rs.10 or proof of the applicant's belonging to below poverty line, as the case may be, shall not be a valid application under the Act and therefore, does not entitle the applicant to get information.
List of Central Public Information Officers (CPIO)
List of Central Assistant Public Information Officers (CAPIO)
Disposal of the Request
- The CPIO is required to provide information to the applicant within thirty days of the receipt of a valid application. If the information sought for concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request. If the CPIO is of the view that the information sought for cannot be supplied under the provisions of the Act, he would reject the application. However, while rejecting the application, he shall inform the applicant the reasons for such rejection and the particulars of the appellate authority. He would also inform the applicant the period within which appeal may be preferred.
- If an applicant is required to make payment for obtaining information, in addition to the application fee, the Central Public Information Officer would inform the applicant about the details of further fees alongwith the calculation made to arrive at the amount payable by the applicant. After receiving such a communication from the CPIO, the applicant may deposit the amount by way of cash against proper receipt or by Demand Draft or by Banker's cheque or by Indian Postal Order in favour of the Accounts Officer of the concerned public authority. The CPIO is under no obligation to make available the information if the additional fee intimated by him is not deposited by the applicant.
- Where an additional fee is required to be paid, the period intervening between the dispatch of the intimation regarding payment of additional fee and payment of fee by the applicant shall be excluded for the purpose of computing the period of thirty days within which the CPIO is required to furnish the information.
- If the CPIO fails to send decision on the request on the information within the period of thirty days or forty-eight hours, as the case may be, the information may be deemed to have been refused.
First Appeal
- If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the CPIO. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the CPIO is received.
- The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.
Second Appeal
- If the appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. The appeal made to the Central Information Commission should contain the following information:
- Name and address of the appellant
- Name and address of the Central Public Information Officer against the decision of whom the appeal is preferred
- Particulars of the order including number, if any, against which the appeal is preferred
- Brief facts leading to the appeal
- If the appeal is preferred against deemed refusal, particulars of the application, including number and date and name and address of the Central Public Information Officer to whom the application was made
- Prayer or relief sought
- Grounds for prayer or relief
- Verification by the appellant
- Any other information, which the Commission may deem necessary for deciding the appeal.
- The appeal made to the Central Information Commission should be accompanied by the following documents:
- Self-attested copies of the orders or documents against which appeal is made
- Copies of the documents relied upon by the appellant and referred to in the appeal
- An index of the documents referred to in the appeal.