1. In India every citizen have right to seek certain information from the Govt. under RTI Act,it’s a Fundamental Right under the Article 19(1) of the Constitution.
2. RTI Application can be made in English or Hindi or in the official language to Central or State PIO (Public Information Officer) under Section 6(1) and 7(1).
3. Application made under 6(1),reply to be received within 30 days from the date of receipt of the request.
4. Application made under 7(1), Life and Liberty of a person (which needs to be explained), the same shall be provided within 48 hours of the receipt of the request.
5. As per Section 6(2) of RTI Act Applicant cannot be questioned why you were asking for any information.
6. 1st Appeal Authority: FOR NO REPLY or NOT STATISFIED or INCORRECT INFO:Application can be made under Section 19(1)or 19(2) to which,reply is sought within 30 Days OR 40 days.
7. 2nd Appeal Authority: Last option, application can be made under 19(3) to State or Central Information Commission to which, reply is sought within 90 Days from the date on which the decision should have been made available.
Guidelines for filling application under the Right to Information Act 2005
- Identify the nature of information required.
- Identify the period for which the information is required.
- Submit an application either in English or in Hindi.
- Make the application to Public Information Officer (P.I.O.)
- Pay the prescribed fee Rs.10/- per request.
- Pay further fee where required for obtaining photo copy or sample etc.
- Await Reply for 30 days.
- If the information pertain to third party; third party can be given opportunity to represent his case. In those cases the applicant has to wait for 40 days to get reply/information.
- If no reply is received within 30 days or applicant is not satisfied with the reply received then provision of filling first appeal before Appellate Authority.
- The appellant has to wait for 30 days to obtain decision on the appeal.
- If the appellant is not satisfied with the decision of the appellate Authority, provision of second appeal against the decision of appellate authority within 90 days to Central Information Commission is available.
Duties and responsibilities of P.I.O.
- To receive application on behalf of ORGANISATION and acknowledge them with date on such requests.
- To assign number of request under R.T.I Act and to enter it in a register with number.
- To scrutinize Applications and find out concerned section to whom request is to be forwarded.
- To forward application to the concerned department within 48 hours.
- To receive appeals on behalf of appellate authorities for onward submission to Appellate Authority.
- To receive reply/information from concerned cell/section/Department.
- To compile the information with the request.
- To certify the information while providing it to the applicant.
- To ensure realization of requisite fee in each and every case.
- To ensure delivery of information to the applicants.
- To scrutinize the information sought for by the applicants.
- To examine whether any exemption is applicable under section 8 or 9 or 24 of the Act.
- If covered under any exemption to issue rejection/refusal order with cogent reasons.
- To examine if it pertains to life or liberty or any urgency.
- To examine if any further fee is required and issue instructions to realize fee.
- To Issue intimation for deposit of further fee with justification and his right to review of decision.
- To seek services of other officers who are posted in other departments and are acquainted with the information for ensuring the delivery of complete reply to the applicant.
- To ensure disposal of the requests within prescribed time period.
- To find out if third party is involved if so to issue notice to third party and to obtain representation from third party (if required).
- To give opportunity of hearing and to make representation orally or in writing to third party.
- To intimate him about his entitlement to make appeal to the appellate Authority within specified period.
- To prepare weekly statements and to apprise off the situation to Member Secretary ORGANISATION
- To maintain all RTI records, receipts of RTI, disposal and submit an annual statement.
ACTIVITY CHART FOR PUBLIC INFORMATION OFFICER
|1||Receive application, acknowledge it and put a stamp on the same.||6(1)||24 hours|
|2||Assign a number to received applications.||48 hours|
|3||Scrutinize the received application.||72 hours|
|4||Transfer the application or part thereof to other public authority. If it does not pertain to him.||6(3) Provision||5 days|
|5||Examine whether any exemption is applicable under section 8 ,9or 24.||8,9,24||5days|
|6||If covered under any exemption issue rejection order with cogent reason.||7(8)||10 days|
|7||Examine if it pertains to life or liberty.||7(1) Provision||48 hours|
|8||If yes collect information and dispose of.||7(1) Provision||48 hours|
|9||Examine if any further fee is required.||7(3) (a)||15days|
|10||Issue intimation for deposit of further fee with justification and his right to review of decision.||7 (3) (a) (b)||15 days|
|11||Seek services of other officers who will be deemed Central/State Public Information Officer.||5(4)||15 days|
|12||If not covered under exemption proceed further or collect information to adjudicate and dispose of application.||7 (1)||30 days|
|13||Find out if third party is involved if so issue notice to third party||11 (1)||Within 5 days|
|14||Give opportunity to make representation orally or in writing to third party.||11 (2)||Within 10 days (5+10) 15 days|
|15||Dispose of request in the case of third party||11||40 days|
|16||Intimate him about his entitlement to appeal|
Provision of Penality
- The Information Commissions has been given enormous power to complaints and appeals. They have been given power of summoning and enforcing attendance and compel concerned person; to give oral and written evidence on oath and to produce documents
- The Information Commission can impose penalty @ Rs. 250/- per day subject to maximum of Rs. 25,000/- Burden of proving that the denial of information was justified; lies with the concerned officer who fails to provide information.
- In the event of persistent default the Information Commission may Issue directions for disciplinary action against defaulter for persistent default; however opportunity would be given to hear the defaulter. Burden of proof lies with the defaulter officer.
- The Information Commission are empowered to give Compensation.
- The Information Commission can intervene for not accepting an application, delay in release of information without reasonable cause or malafidely denying information or knowingly giving incorrect/ incomplete information; misleading information, destroying information and obstructing furnishing of information in any manner.