Art of Filing RTI Applications

 

Article

Art of Filing RTI Applications

Introduction: Right to Information Act, 2005 sets out practical regime to seek information, which has been recognized as a fundamental right. It promotes the concept of transparency and accountability in the working of public authorities. It is a very powerful tool in the hands of the citizens to carry out social audit of the performance of government. The Act and rules framed there under lay down the process and procedure to secure access to information under the control of public authorities’ right from Panchayat to office of the President of India.

Realizing the fact that 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, the government has tried to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal through this Act.

Coverage: A citizen of India may seek information from any of the government organizations known as ‘public authorities’ established or constituted by or under the Constitution; or by any other law made by Parliament or State Legislature; or by notification issued or order made by the appropriate government. It includes anybody owned, controlled or substantially financed; and non-government organization substantially financed, directly or indirectly by funds provided by the appropriate government.

Rights under the Act: Accordingly, any citizen of India may seek information from any Ministry, Department Autonomous Body, Under taking, Local body, University, Banking Institution etc. including non-government agencies controlled, governed and substantially financed both by the  central and state governments, as a matter of right, barring the exceptions covered under sections 8 and 9 of the Act. The Act empowers the citizens to:

  •      get a reply for RTI application or the permissible information, in a time bound manner;
  •      know reasons for non-supply of information or part thereof; or rejection of application, if any;
  •      know the details of first Appellate Authority to whom first appeal can be filed in case the reply     is not found to be satisfactory or not received;
  •     know the time frame within which first appeal can be filed;
  •    get suo motu information about the working of organizations;
  •     get certified copies of documents;
  •      get sample of material;
  •    get opportunity for inspection/inspection of records;
  •    get opportunity of hearing in appeal cases; 
  •      file appeals with State or Central Information Commission, if not satisfied with the reply of           first Appellate Authority;
  •     file complaint to State or Central Information Commission, where ever required;
  •     know reasons for charging additional fee and calculation thereof;
  •     get information about transfer of application, if transferred to other public authority;
  •     seek free information in case of delay in supply of information;
  •     seek compensation for the losses suffered, if any;
  •     get the defaulting officers penalized, etc.

 The citizens may use this tool to meet their requirements, without any hesitation. Nearly two crore applicants have availed this facility.

Filing of application: The procedure for filing RTI application is very simple. An application for seeking information, copies of documents, sample of material inspection etc. can be made on a plain paper to the concerned public authority (unless some statutory Form is prescribed) specifying the particulars of the information sought. The central government and the Union territories have not prescribed any statutory form so far. As such an application on a plain paper can be made to their public authorities. The application should be addressed to the public authority concerned with the request to supply the information under Right to Information Act, 2005. Details of information sought may be clearly spelt out along with the period, if any. A sample of application is available on Delhi Government’s Right to Information website GNCTD, under the heading Forms Download (http://delhigovt.nic.in/rti/form_download.asp)  

However, a few state governments have prescribed some statutory Forms. As such the applications should be made in the prescribed Form to avoid delays/rejection.

Language: The application can be filed in English, Hindi or official language of the area.

Limit of words: As per Right to Information Rules, 2012, an application shall ordinarily not contain more than five hundred words, excluding annexure, containing address of the Central Public Information Officer and that of the applicant. However, no application shall be rejected only on the ground that it contains more than five hundred words.

Where to file RTI application: The RTI application may be sent or delivered to Central/ Sate Public Information Officer of the public authority concerned. It can also be delivered to the Central/State Assistant Public Information Officer of any public authority near to the door steps, who will receive it and transfer it to the concerned public authority, within five days under intimation to the applicant.

The applications can also be sent through over 4000 designated Post Offices. Apart from this one can send the RTI application through e-mail and even by registered post.

Since the general public is not aware as to which organization is having the requisite information needed by them, a large number of applications are being addressed to the Ministers, Chief Ministers, Prime Minister, Governors, and even the President of India. All such applications get transferred or forwarded by their officers to the concerned organization.

The RTI application can also be made through online system where such a provision has been made. The central government and Government of NCT of Delhi have made such a provision and their URL are as under:

 

https://rtionline.gov.in/

https://rtionline.delhi.gov.in/

One has to get himself registered on their portal before filing RTI application. Fees can be paid trough Credit/Debit Card.

Procedure for sending requests through e-mail: In case a request is made in electronic format (by e-mail) then the requisite application fee has to be paid within a period of seven days from the date of request. In case fee is not deposited then the request will not be entertained. As such a print out of the email along with a postal order of Rupees 10/- may be sent to the addressee.

Fees: The applicants have to pay the requisite fee along with application to the respective public authority. The central government, the state governments and other Competent Authorities have been empowered to formulate their respective fee rules. The central government has enacted Right to Information Rules, 2012 which are applicable to the central government and Union territories. The following fee has been prescribed by GOI:

Application Fee                   Rs 10/-

Additional Page                   Rs 2/ per page A-4 or A-3

Large size paper                   Actual Charges

Sample or Model                 Actual cost

Inspection of records           First Hour no fee; Subsequently Rs 5/- per hour    

Floppy/Diskette                   Rs 50/-

Postal Charges                     If it exceeds Rs 50/- the excess amount will be charged

But no fee is charged from persons who are below poverty line (BPL) on submitting admissible proof.

No application without fee or proof of BPL is treated as RTI application.

Mode of payment: The fee can be paid in cash, through Demand Draft, Banker Cheque, and Postal Order, e-postal order. It can be paid in any other mode prescribed by the concerned Competent Authority. The Demand Draft, Banker Cheque, and Postal Order should be drawn in favour of ‘Accounts Officer of the concerned public authority’.

Additional Fees: Additional fees demanded by the public authority may be paid failing which the application will remain pending. However, the applicant has a right to go in for a review against the additional charges demand, if he so wishes.

Some examples of cases where information is being sought: The applicants are generally seeking information on matters concerning their personal problems; third party issues; local, state and national issues, such as matters relating to:

  •          Income Tax;
  •          Provident fund;
  •          Passport;
  •          Aadhar card;
  •          Refunds;
  •          Ration/Food Card;
  •          Property Documents like Occupancy Certificate/Completion Certificate, status of House Tax;
  •          Status of FIR;
  •          Status of grievances/complaints filed;
  •          Status of EPF;
  •          Grant of Scholarships;
  •          Examination of answer sheets;
  •          Poor Road conditions;
  •          Poor Medical facilities;
  •          Poor Transportation facilities;
  •          Poor Sanitation & Hygienic conditions;
  •          Non availability of Electricity/Water;
  •          Educational matters concerning schools/colleges, etc.

Social Audit: Some of the applicants are conducting social audit of government projects, amount spent by the MPs/MLAs/Councilors on local area development, monitoring status of specific government projects or schemes etc.

Many are seeking copies of documents, inspection of records, taking samples of materials used in construction of roads and other projects.

Some are seeking information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

Some Dos & Don’ts:

Do’s:

  •          Be clear in your mind about what you need;
  •          Be brief, specific and to the point;
  •          Carry out inspection of records to find out what is available and permissible, before filing             RTI  application;
  •          Take assistance of Central/State Public Information Officer;
  •          Seek copies of certified documents where these are needed as evidence;
  •          Pay the requisite fee;
  •          Provide proof of BPL, where required;
  •          Provide complete address for supply of information;
  •          Ask for status of case along with certified copies of note sheets where required;
  •          Raise pointed and in-convenient questions to get to the bottom of issues;
  •          Pay additional fees where sought or go in appeal;
  •          Raise one aspect in one application and it may contain 3-4 points to facilitate quick disposal
  •      Records are maintained in government offices as per record retention period prescribed for   different categories. As such it will be better to ensure that the records being requisitioned are       available.

 Don’ts:

  •          Don’t ask for vague and voluminous information;
  •          Don’t ask for information covered under sections 8 & 9 which is usually denied;
  •          Don’t seek information about multiple public authorities in a single application;
  •          Don’t ask for personal information;
  •          Don’t formulate questions in the form of what, when, where, how, etc.;
  •          Avoid taking cudgels with mafia.

FAQs:

Q. 1 How to access information?

Ans.1 Information can be accessed in two ways:-

  •     Information published by departments/government bodies from time to time on their website.
  •   By making an application to the public authority.

Q.2 Will the application be rejected if sent to a wrong Public Authority.

Ans.2 Miss-sent applications other than online are sent to concern Public Authority.

 Q.3 Can NRI file RTI in Embassies/High Commissions?

Ans.3 Yes

 

Location: India

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