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. Is there any
provision for exemption from Disclosure of Information?
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) exempt 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.
Source : DOPT
