Q.1. What is Information?
Information is any material
in any form. It includes records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form. It also includes information
relating to any private body which can be accessed by the public authority
under any law for the time being in force.
Q.2 What is a Public Authority?
A “public authority” is any
authority or body or institution of self government established or constituted
by or under the Constitution; or by any other law made by the Parliament or a
State Legislature; or by notification issued or order made by the Central
Government or a State Government. The bodies owned, controlled or substantially
financed by the Central Government or a State Government and non-Government
organisations substantially financed by the Central Government or a State
Government also fall within the definition of public authority. The financing
of the body or the NGO by the Government may be direct or indirect.
Q.3 What is a Public Information Officer?
Public authorities have
designated some of its officers as Public Information Officer. They are
responsible to give information to a person who seeks information under the RTI
Act.
Q.4 What is an Assistant Public Information Officer?
These are the officers at
sub-divisional level to whom a person can give his RTI application or appeal.
These officers send the application or appeal to the Public Information Officer
of the public authority or the concerned appellate authority. An Assistant
Public Information Officer is not responsible to supply the information. The
Assistant Public Information Officers appointed by the Department of Posts in
various post offices are working as Assistant Public 2 Information Officers for
all the public authorities under the Government of India.
Q.5. What is the Fee for Seeking Information from Central Government
Public Authorities?
A person who desires to
seek some information from a Central Government Public Authority is required to
send, along with the application, a demand draft or a banker’s cheque or an
Indian Postal Order of Rs.10/- (Rupees ten), 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 Assistant Public Information Officer against proper
receipt. However, the RTI Fee and the mode of payment may vary as under Section
27 and Section 28, of the RTI Act, 2005 the appropriate Government and the
competent authority, respectively, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
Q.6. What is the Fee for the BPL applicant for Seeking Information?
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.
Q.7. Is there any specific Format of Application?
There is no prescribed
format of application for seeking information. The application can be made on
plain paper. The application should, however, have the name and complete postal
address of the applicant.
Q.8. Is it required to give any reason for seeking information?
The information seeker is
not required to give reasons for seeking information.
Q.9.
Sub-section (1) of section
8 and section 9 of the Act enumerate the types of information which is exempt
from disclosure. Sub-section (2) of section 8, however, provides that
information exempted under sub-section 3 (1) or exempted under the Official
Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs
the harm to the protected interest.
Q.10. Is there any assistance available to the Applicant for filing
RTI application?
If a person is unable to
make a request in writing, he may seek the help of the Public Information
Officer to write his application and the Public Information Officer should
render him reasonable assistance. Where a decision is taken to give access to a
sensorily disabled person to any document, the Public Information Officer,
shall provide such assistance to the person as may be appropriate for inspection.
Q.11. What is the Time Period for Supply of Information?
In normal course,
information to an applicant shall be supplied within 30 days from the receipt
of application by the public authority. If information sought concerns the life
or liberty of a person, it shall be supplied within 48 hours. In case the
application is sent through the Assistant Public Information Officer or it is
sent to a wrong public authority, five days shall be added to the period of
thirty days or 48 hours, as the case may be.
Q.12. Is there any provision of Appeal under the RTI Act?
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 Public Information Officer. 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 Public Information Officer 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.
Q.13. Is there any scope for second appeal under the RTI Act?
If the first 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.
Q.14. Whether Complaints can be made under this Act? If yes, under
what conditions?
If any person is unable to
submit a request to a Public Information Officer either by reason that such an
officer has not been appointed by the concerned public authority; or the
Assistant Public Information Officer has refused to accept his or her
application or appeal for forwarding the same to the Public Information Officer
or the appellate authority, as the case may be; or he has been refused access
to any information requested by him under the RTI Act; or he has not been given
a response to a request for information within the time limit specified in the
Act; or he has been required to pay an amount of fee which he considers
unreasonable; or he believes that he has been given incomplete, misleading or
false information, he can make a complaint to the Information Commission.
Q.15. What is Third Party Information?
Third party in relation to
the Act means a person other than the citizen who has made request for
information. The definition of third party includes a public authority other
than the public authority to whom the request has been made.
Q.16. What is the Method of Seeking Information?
A citizen who desires to obtain any information under the Act,
should make an application to the Public Information Officer 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 application should be precise
and specific. He should make payment of application fee at the time of
submitting the application as prescribed in the Fee Rules.
Q.17. Is there any organization(s) exempted from providing information
under RTI Act?
Yes, certain intelligence
and security organisations specified in the Second Schedule, are exempted from
providing information excepting the information pertaining to the allegations
of corruption and human rights violations.
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