Theme: Right to Information

The RTI application can be in either English, Hindi or the official language of the area. The application should be in writing. It can be submitted personally, through post, e-mail or through online portals. For public authorities under the Central Government, there is an online forum where RTI applications can be made directly. You can also access step-by-step guidelines on how to send an application through the online portal.

If someone cannot make the request because they are illiterate or unable to write, the Public Information Office (PIO) has a duty to help the person so that they can take down the request and put it in writing. If the application is sent to the wrong public authority by mistake, the PIO who receives this application has a duty to transfer it within five days. 

There is an application fee that varies for the Centre and for States. For public authorities under the Central Government, this is Rs. 10. For public authorities under the State Governments, please check rules applicable to each state here.

In addition to the application fees, there is also a fee for the information to be delivered (depending on format/number of pages). For the fees applicable to public authorities under the Central Government, please check the RTI Rules, 2012. For the fees applicable to public authorities under the state, please check the individual state rules.

The PIO can ask you to pay more fees for the information but will, however, have to justify the higher fee with proper calculations. The time period between the notice for increased fees and its payment will be excluded from the 30 day period within which you were originally supposed to have received your information

The PIO can take 30 days to process an RTI application and provide the information that is requested. If the application is made to an APIO, the information must be provided in 35 days time. If the information has some serious consequences on a person’s life and is needed urgently, the PIO should give the information within 48 hours.

Under this law, the PIO can refuse to answer certain applications. Please read Section 8 and 9 of this Act to figure out which information would be generally exempted from this Act.

If the information is not given within 30/35 days, you have to assume that the PIO/APIO denied your request for information. Further, the PIO cannot charge anything other than the application fee for the information. 

When the PIO refuses your RTI application, they have to tell you:

• Why was the request refused?
• Details of whom you can approach to appeal against this refusal.
• How much time do you have to file this appeal?

If the PIO has not replied with information or has refused to give you the information unlawfully, you can appeal to an officer senior in rank to the PIO or file a complaint with the Central or State Information Commission.

The Central or State Information Commission can impose a daily penalty of Rs. 250 on the PIO who has withheld information or provided wrong information. This has to be paid until the information is provided. However, the total amount of the penalty should not exceed Rs. 25,000.

The PIO has to be given a chance to present their case before the penalty is decided – however, the burden is on them to prove that they acted lawfully. Disciplinary action can also be taken against the PIO in accordance with their service rules.

If you do not receive a decision from the PIO within 30 days, you can file an appeal against the decision of the PIO before an officer who is senior to the PIO. You need to file this appeal within 30 days. This time period may be extended if the officer feels that the delay is justified.

Usually, the public authority will state who the appellate authority is on its website or at its office. This will be an officer who is senior in rank to the PIO. A third party can also file an appeal within 30 days of the date of the order by the PIO.

If you are not satisfied with the first appeal decision, you can make a second appeal within 90 days to the Central Information Commission or the State Information Commission by following the suggested format for the second appeal.

The responsibility of proving that the refusal to provide information was justified lies squarely on the PIO who refused this information. The Information Commission should finish the appeal in 30 days. This can be extended to forty-five days with reasons being recorded for the extension.

In order to make a decision, the Information Commission can ask the public authority to:

• provide information in a particular manner
• appoint a PIO
• publish relevant information
• manage records properly
• conduct training programmes for officials
• provide an annual report
• provide compensation to any complainant

It can also impose penalties and reject specific applications.

If your application requests the following kinds of information, the public authority can lawfully refuse to give you:

• Information that affects the security and economic interests of the government with another country
• Information that is banned from being published by any court or tribunal
• Information that would result in a breach of privilege of the Legislature
• Information that would harm commercial interests
• Information that arises because of a relationship based on trust
• Information from a foreign government which was given as a secret
• Information that exposes whistleblowers or endangers lives
• Information that would cause difficulty to police investigation or arrests in criminal cases
• Records of the Cabinet Ministers (reasons and materials can be made public after the decision is made)
• Personal information (however, such information has to be revealed to the Parliament or State Legislature if asked for)

If the release of the information causes copyright infringement, the PIO can refuse the request for information. Furthermore, the exemption does not apply if the information requested is more than 20 years old. In such a case, it must be given to the applicant. However, information relating to security and economic interests with another country, breach of parliamentary privilege and Cabinet proceedings can be denied even if it is more than 20 years old.

If you have a complaint about the way in which the PIO handled your RTI application, you can approach the higher authorities established under this Act – the Central Information Commission or the State Information Commission. They have a duty under this Act to inquire into your complaint. You can make a complaint in the following situations:

• When the public authority has not appointed a PIO in the first place;
• When a PIO has refused to give information;
• When a PIO has not given you information within the allowed time;
• When the PIO has asked for too many fees for giving you the information; and
• When the PIO has given you incomplete or wrong information.

If the Commission is convinced that there are reasonable grounds in the complaint, it has to initiate an inquiry into the matter. For the purpose of conducting an inquiry, it has the same powers as a civil court. This means that it can ask for people to come and be witnesses or submit relevant documents as evidence, inspect these documents, and ask for any public records.