Satyananda Mishra
Secretary
Department of Personnel & Training,
Ministry of Personnel, Public
Grievances and Pensions

The Right to Information Act, 2005 has converted the prevailing culture of secrecy into a culture of openness and transparency in the working of the Government. It will go a long way in strengthening our democratic institutions, empowering the public, removing corruption and greater involvement of citizens in the development of the nation.

This compilation explains the method of making application for seeking information from the public authorities under the Central Government, the procedure for preparing appeals and the steps for filing complaints in the matter and other related issues. The contents of this document would apply mostly in connection with getting information from the public authorities of the State Governments as well. Nevertheless, since there are different fee rules and appeal rules in different States, the States may like to bring out their own guide on the subject on similar lines.
I wish the Right to Information Act is made use of by the public for larger public good.

http://righttoinformation.gov.in/

Objective
The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.


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.

Right to Information under the Act
A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.


What is RTI?
RTI stands for "Right to Information". Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money! You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.
http://righttoinformation.gov.in/

If RTI is a “fundamental” right, then why do we need an “Act”?
Simply because if you go into a Govt. office and demand that they tell you why your work has not been done, they will not entertain you or might even throw you out. If it’s a law, then it becomes harder to do this. If they do not give you the information you want, they will have broken a law and can be punished for it!

Who will give me information I am looking for?
One or more officers in every Government Department have been made "Public Information Officers" (PIO). If you want some information, you need to file an application with the PIO. The PIO’s are responsible for collecting information wanted by you and providing that information to you. Also, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.

Can the PIO refuse to give me information?
A PIO can refuse information on certain subjects. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc. But, do not worry about this!For an average citizen like you and me, the information we are looking for does not come under these categories. So the PIO can not refuse to give us information.

Where do I submit the application for information?
You can do that with the PIO or with APIO of the Govt. department you are questioning. In the case of all Central Government Departments, certain "post offices" have been designated as APIOs. This means that you can go to any of these post offices and submit your “fee” and “application” at the RTI counter in these post offices. They will issue you a receipt and acknowledgement and it is then the responsibility of that post office to deliver it to the right PIO.

Is there any fee? How do I deposit that?
Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees. For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules. You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand.

What should I do if the PIO does not accept my application?
You can send it by post. Once you send it along with the fee, your job is done. You should also make a formal complaint to the respective “Information Commission”. The Information Commissioner has the power to impose a penalty of Rs.25,000 on the concerned PIO officer who refused to accept your application. But it is most likely that the PIO will accept your application.

Is there an "application form" to be filled?
For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of your respective state.

How can I apply for information?
Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference.]

How can I send my application fee?
Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:· In person by paying cash [remember to take your receipt] · Demand Draft · Indian Postal Order · Money orders (only in some states) · Affixing Court fee Stamp (only in some states) · Banker’s cheque Some state governments have some "head of account". You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favor of that account along with your RTI application. Please see respective state rules.

What if the PIO is not available?
In case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.
Where can I find the concerned PIO?
A list of PIOs/APIOs for all Central and State departments/Ministries is available online at
http://www.indiahowto.com/www.rti.gov.in

What if I can not locate my PIO or APIO?
In case you have problems locating your PIO/APIO you can address your RTI application to the “PIO C/o Head of Department” and send it to the concerned department with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.

Is there a time limit to receiving information?
Yes. If you file your application with the PIO, you must receive information within 30 days. In case you have filed your application with Assistant PIO then information has to be made available within 35 days.

Do I have to give reasons why I want a particular information?
Absolutely not! You are not required to give any reasons or additional information other than your contact details (i.e., Name, Address, and Phone No.)

Can the PIO refuse to accept my RTI application?
No. The PIO can not refuse to accept your application for information under "any circumstances". Even if the information does not pertain to his/her department/jurisdiction, she/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days.