How to file a RTI Application?

It's very simple, easy and no-brainer. No different than filing a complaint with government authorities.

1. Find the concerned 'PIO - Public Information Officer' and Mailing Address, usually available from their websites.

           Look here for links to various websites

2. Also find out the prescribed fee (usually it Rs.10/- per application) and Payable authority.
3. Prepare a RTI application asking for right information.

          Look Here for Sample Letter

4. Buy a Rs.10/- postal order at Post office and make payable to the concerned account authority,
5. Register post the RTI application along with the postal order. Good idea to send it with an acknowledgment.
6. You should get a reply within 30 days. If not you have a right to follow up.
7. If the reply is taking time beyond 30 days, you have the option to appeal to the designated appellate authority
8. If this appeal also doesn't work, you can take up the matter with SIC (State Information Council).
9. The last stop would be at CIC.

NOTE: Please save copies of application, PO folio, receipt for register post and all correspondences relating to the case for futher refrences if need arises.

Sample RTI Application

Details requested under Karnataka Right to Information Act, 2005 from

The Assistant Revenue Officer,

Ward 68, Koramangala Sub-division,

Bangalore Mahanagara Palike,

Mayo Hall,Bangalore 560 001

1) Full name of the Applicant:  John Doe

2) Address: No. 1200, 15th Cross, 2nd Block, Koramangala, Bangalore 560100           

3) Details of the information required:

       On 24th July, ’06, I had forwarded to you the following documents, pertaining to Property ID no: A6-M4-zz/yy, with a request to you to have the Khatha documents corrected / re-issued, incorporating my wife (Priya Rao)’s name also, we being joint owners of the property.

1. Khatha certificate
2. Khatha extract
3. Photocopy of page 1 of the indenture of sale.
4. Year to which the document pertains: current
5. Details of Application Fee of Rs 10/- (Rupees ten only) remitted

This was acknowledged by you also. Please advise the current status in the matter.

Signature of the applicant

Place:  Bangalore

Ref no: MC/ Mu-Kh /X01

Date:  6/12/06

Weblinks for list of RTI Officers - Public Information Officers (PIOs)

Finding the right public information officer, his/her postal address and the prescribed fee is one of the important task in filing RTI applications.

Listed here are weblinks for some of the PIOs designated for handling the RTI applications.

Bangalore

1. BBMP - http://www.bmponline.org/right2info/r2ienglish.pdf
   
2. BDA - http://www.bdabangalore.org/pdfs/RIAPRO.pdf
   
3. Bangalore Telecom -
4. BESCOM - http://www.bescom.org/en/consumers/RTI-list.pdf
5. BWSSB -http://www.bwssb.org/Right%20toinformation%20Act-Website/12.%20particulars%20of%20PIO%27s.pdf
6. BMTC -http://www.bmtcinfo.com/english/Reports/Eng-List%20of%20Officials%20working%20in%20CO.pdf
7. KSIIDC - http://www.ksiidc.com/pdfs/RIGHT_TO_INFORMATION_ACT_FILES_HOSTED_TO_WEBSITE.pdf

Government of Karnataka

1. http://dpar-rti.kar.nic.in/frmknowpio.aspx

Government of India

1. http://righttoinformation.gov.in/

What is RTI act?

Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information includes the right to:

1.    Inspect works, documents, records.
2.    Take notes, extracts or certified copies of documents or records.
3.    Take certified samples of material.
4.    Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in any other electronic mode or through printouts.

"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

"record" includes:

1. Any document, manuscript and file
2. Any microfilm, microfiche, and facsimile copy of a document
3. Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
4. Any other material produced by a computer or any other device;

An applicant cannot ask for opinions/advice/views under the RTI Act, unless the opinion/advice/view is already on "record".

However, under Section 4(1)(d), an applicant can ask for "reasons" behind a administrative or quasi judicial decision of a public authority, especially if he is a "affected person".
 

How does Right to Information Act work?

What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
2. Reason for seeking information are not required to be given;
3. Pay fees (Rs.10/-) as may be prescribed (if not belonging to the below poverty line category).

What is the time limit to get the information?

1. 30 days from the date of application
2. 48 hours for information concerning the life or liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5. Failure to provide information within the specified period is a deemed refusal.

What is the fee?

1. Application fees to be prescribed which must be reasonable.If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
2. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
   No fees will be charged from people living below the poverty line
3. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

What could be the ground for rejection?

1. If it is covered by exemption from disclosure. (S.8)
2. If it infringes copyright of any person other than the State. (S.9)

Appeal Process

1. First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown).
2. Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (delay may be condoned by the Commission if sufficient cause is shown).
3. Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority; and, within 90 days of the decision on the first appeal, before the appropriate Information Commission which is the second appellate authority.
4. Burden of proving that denial of Information was justified lies with the PIO.
5. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (S.19)