RTI Guidelines

Short title, extent and commencement

• Known as 'Right to Information Act, 2005'.
• Extends to whole of India except J&K.
• Has become enforceable with effect from 12th October, 2005
• It is more powerful and stringent than Delhi RTI 2001
  

Coverage

• Covers all public authorities, bodies or institutions constituted by Parliament, Legislative Assembly.
• Includes Parliament, Supreme Court/High Court/Lower Courts, Bodies owned, controlled and substantially financed.
• Including Non-government organizations substantially financed directly or indirectly.
• Govt. empowered to notify or issue orders to include such other bodies.

Citizens made the Master

• The act provides for giving almost all information to citizens barring a few exceptions.
• It makes the citizen the Master.
• They can now do social audit of any work through getting information and examining it critically and posing inconvenient questions.

Public Information Officers to give information

• Public Information Officers to be appointed by Public Authorities for handling applications received under the Act (by 22.9.2005).
• Assistant Public Information Officer to be appointed to receive applications on behalf of the Public Authority by( 22.9.2005.)
• Assistant Public Information officers to be appointed in each Sub-Division/Sub-Districts by (22.9.2005).
• First Appellate Authority to be within the department/organization by Public Authority

Right to Information

Right to Information includes:

• Inspection of works, documents, records.
• Taking notes, extracts, certified copies.
• Taking certified samples of material.
• Obtaining information in floppies, tapes etc.

Definition of Information

Information means any material in any form & includes: -

• Records, documents, memos, e-mail, opinion, advice, orders, log book, contract, reports, papers, samples etc.

Filing of application

• Forms prescribed.
• Applicant can file application in writing or through electronic means in English or Hindi or local language.
• PIO to assist disabled persons in writing down requests.
• Reasons for seeking information not required.
• Personal information about applicant not to be asked except for delivery of reply.

Fee

The following fee has been prescribed by GOI & U.P.Govt.:

• Application Fee: Rs 10/-
• Additional Page: Rs 2/ per page A-4 or A-3
• Large size: Actual Charges
• Sample or Model: Actual cost
• Inspection of records: First hour no fee there after Rs 5/- per 15 minutes
• Floppy/Diskette: Rs 50/-
  

NO fee for Below Poverty Line

Mode of payment

The fee can be paid in any of the following modes:

• Cash
• Demand Draft
• Banker cheque

Disposal of request

• In cases information is sought concerning life or liberty, it is to be given in 48 hours.
• Reply in other cases to be given in 30 days.
• 5 days to be added if the application is received through SAPIO.
• In case of third party 40 days.

Appeals

• Appeals lie at two levels.
• First appeal within department/ organization to senior officer to State Public Information Officer within 30 days.
• Second appeal before Central Information Commission within 90 days.
• Appeals to be decided within 30 days.

Third Party Information

• Where information about third party is sought by the applicant, a notice will be given to third party to present his case within 5 days.
• An opportunity of hearing will be given within 10 days.
• Third party will have right to appeal.

Exemption from disclosure of information

• As per section 8 the following type of information shall not be obligatory
  to be given.
  • Concerning security and integrity of India.
  • Forbidden to be published by the court of law.
  • Disclosure of which leads to breach of privilege of Parliament/Assembly.
  • Commercial confidence trade secrets and intellectual property.
  • Information received in fiduciary relationship.
  • Information received in confidence from foreign government.
  • Disclosure of which may endanger life and liberty.
  • Which impedes the process of a investigation.
  • Cabinet Papers including record or deliberation.
  • Personal information which has no relationship to any public activity.
  • Leads to infringement of copyright.

Penalty Provisions

• Can impose penalty @ Rs. 250/- for each day of delay subject to a maximum of Rs. 25,000/-.
• Can issue directions for disciplinary action against PIO in cases of persistent default.
• Opportunity of hearing to be given.

Need for prompt attention

• All Officer and staff members need to be sensitized to pay proper attention to this act.
• Necessary preparatory measures for implementation should be completed as per prescribed schedule in the Act.
• Officials need to be vigilant in disposal of requests received under the Act.
• All requests received under the Act need to be dealt within time frame prescribed.

Other Important Points

• Assistant Public Information Officer can receive applications for any PIO.
• First Appellate Authority should be senior to PIO.
• PIO should be senior officers who should be able to control work and dig out information as they have to perform a quasi judicial information.
• Clear demarcation of work should be done amongst the PIO and Appellate Authorities to avoid confusion.
• Notify the substantially financed bodies to bring them under the purview of RTI.

Arrangement for receipt for application.

• Arrangements for receipt of application & fee should be suitably be made to facilitate the work.
• Information counters should be setup near reception counters.
• The APIO/PIO/Appellate Authority should be easily accessible to public.
• Board depicting room number etc of PIO/APIO should be available at the main entrance.

Role of Secretaries /HODs/CEOs

• Appoint PIO/APIO
• Appoint first appellate authority.
• Identify bodies substantially financed to be brought under the purview of the act.
• Give wide publicity about the provisions of the act.
• Organize internal workshops for sensitization of officers and staff.
• Ensure proper arrangements for receipt of application/fee etc.
• Provide requisite number of counters for guidance.
• Prepare suo motu information and disseminate to the maximum.
• Monitor and control the working of all concerned officers.