Introduction:
The Right to Information (RTI) Act, 2005, is a powerful tool that allows Indian citizens to access information from government authorities, promoting transparency and accountability. This guide provides a comprehensive explanation of the entire RTI process, from filing the initial application to navigating the second appeal and lodging complaints if required.
Step 1: Filing the RTI Application
Determine the Public Authority: Before filing an RTI application, identify the specific public authority (government department or organization) that holds the information you seek. Each public authority is required to have a Public Information Officer (PIO) who is responsible for receiving and processing RTI applications.Draft the RTI Application:
Write the RTI application clearly and concisely. Mention the following details:
- Full name, address, and contact details of the applicant.
- Detailed description of the information sought.
- Specify the format in which you wish to receive the information (e.g., photocopies, electronic format).
- Application fee details (usually ₹10 in India).
Section 6(1) of the RTI Act: States that a person can submit a request for obtaining information in writing or electronically in English, Hindi, or the official language of the area.
Submit the RTI Application:
- Submit the application to the PIO of the concerned public authority. You can do this in person, by post, or online (if the department has an online portal).
- Application Fee: The standard fee for an RTI application is ₹10, which can be paid via cash, demand draft, banker’s cheque, or Indian Postal Order (IPO). Some states have specific payment methods, so check with the concerned public authority.
- For people living below the poverty line (BPL), the application fee is waived. You must provide proof of your BPL status.
Receive the Acknowledgment:
- Upon submission, the PIO will provide an acknowledgment of receipt of the application. If submitting online, an acknowledgment receipt will be generated.
Step 2: Receiving the Response from the PIO
Response Time:
- The PIO is required to provide the requested information or deny the request with valid reasons within 30 days from the date of receipt of the application. If the information concerns the life or liberty of a person, it must be provided within 48 hours.
- Section 7(1): Mandates the PIO to respond within 30 days (or 48 hours in urgent cases).
Deemed Refusal:
- If the PIO fails to provide information or denies the request without a valid reason, it is considered "deemed refusal," and you can file a first appeal.
Step 3: Filing the First Appeal
Grounds for Filing the First Appeal:
- If the PIO does not respond within the specified time or the applicant is not satisfied with the response (e.g., incomplete or incorrect information), a first appeal can be filed.
- Section 19(1): Allows the applicant to file a first appeal to the First Appellate Authority (FAA) within the same public authority within 30 days from the expiry of the response period or receipt of the decision.
Drafting the First Appeal:
- Mention the details of the original RTI application and the PIO’s response (if any).
- Clearly state the grounds for appeal and the relief sought.
- Include copies of the original RTI application, the PIO's reply (if received), and any supporting documents.
Submission and Acknowledgment:
- Submit the appeal to the designated First Appellate Authority (FAA) of the public authority. An acknowledgment should be received upon submission.
- The FAA is required to dispose of the appeal within 30 to 45 days from the date of receipt of the appeal.
Step 4: Filing the Second Appeal
Grounds for Filing the Second Appeal:
- If the FAA does not respond within the specified time or the applicant is not satisfied with the decision, a second appeal can be filed.
- Section 19(3): States that the applicant can file a second appeal before the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days from the date on which the first appeal decision should have been made or was actually received.
Drafting the Second Appeal:
- Clearly mention the details of the RTI application, the first appeal, and responses received.
- State the reasons for dissatisfaction with the FAA’s decision and the relief sought.
- Attach copies of all relevant documents, including the RTI application, the first appeal, the PIO’s response, and the FAA’s order (if any).
Submission and Acknowledgment:
- Submit the second appeal to the CIC or SIC (depending on whether the public authority falls under the Central or State government).
- The Information Commission will provide an acknowledgment upon receipt and may conduct a hearing if necessary.
Step 5: Filing a Complaint to the Information Commission
When to File a Complaint:
- A complaint can be filed if the PIO refuses to accept the RTI application, does not respond within the time limits, charges unreasonable fees, or provides incomplete or incorrect information.
- Section 18: Allows an applicant to lodge a complaint directly with the CIC or SIC, bypassing the first appeal, if there is a valid reason.
Drafting the Complaint:
- Clearly mention the issue faced (e.g., refusal to accept the application, no response, etc.).
- Provide all details of the RTI application, supporting documents, and any correspondence.
- State the relief sought and any specific actions you expect from the Information Commission.
Submission of Complaint:
- Submit the complaint to the CIC or SIC, either online or offline, depending on the jurisdiction of the public authority.
- The Information Commission will acknowledge the complaint and may call for a hearing.
Conclusion:
Filing an RTI application is a powerful tool for promoting transparency and accountability in government functioning. Understanding the detailed procedure from filing the initial application to the second appeal and complaint will help citizens effectively use the RTI Act, 2005, to access information and ensure good governance.