How to Write an RTI Application

This is the complete guide on how to use Right to Information Act, 2005 to retrieve any information from any public authority. The contents have been divided into sections to facilitate reading. If you have any suggestions/ queries please feel free to contact me on my mail: sunxran@gmail.com.

Article Index:

* Introduction
* What is Information under the RTI Act, 2005
* What is Right to Information Act, 2005
* Exemptions from Disclosure of Information under RTI Act, 2005
* Writing an RTI Application to seek information
* Sample Format
* Mode of payment for seeking information
* Submitting the application
* Some useful links

Introduction

The Right to information Act,2005 provided the citizen of India the power to seek information regarding the working of the Government and its public units. This act has converted the prevailing culture of secrecy into the culture of openness and transparency in the working of the Government.

What is Information under the RTI Act, 2005

Information is any material in form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, smaples, models, data material held in nay 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.

What is Right to Information Act, 2005

The Right to Information Act 2005 (Act No. 22/2005) is a law enacted by the Parliament of India giving citizens of India access to records of the Central Government and State Governments. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir – which is covered under a State-level law. Under the provisions of the Act, any citizen (including the citizens within J&K) may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

Exemptions from Disclosure of Information under RTI Act, 2005

It may be noted that the right to seek information from a public authority is not absolute. Section 8 and 9 of the Act enumerate the categories of information that can exempt from disclosure.

According to section 8 of the RTI Act, 2005:

1. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

2. Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

3. Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

According to section 9 of the RTI Act, 2005:

Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

Along with the mentioned exemptions the Intelligence and Security Organizations, which are exempt from the purview of the Act. The exemption of the organization doesnot cover supply of information relating to allegations of corruption and human rights violations.

Schedule II:

Intelligence and security organization established by the Central Government

1. Intelligence Bureau.

2. Research and Analysis Wing of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence.

4. Central Economic Intelligence Bureau.

5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre.

8. Special Frontier Force.

9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau

16. Special Branch (CID), Andaman and Nicobar.

17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police.

Writing an RTI Application to seek information:

There’s no specific format for an RTI application, some salient features need to be kept in mind while drafting the application.

Pre-requisites:

* Please mention your name, contact address and If possible your phone number also.
* The application should be addressed to Public Information Officer of the concerned department. 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 Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.
* Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.

Application Guidelines:

While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:

o Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper. You can use your letter pad for asking for information.
o The matter can be hand written, or typed. There is no compulsion of typing the content.
o Make sure the application is legible and easy to read.
o The application in English or Hindi or in the Official language of the area in which the application is made.
o There is no restriction on number of pages for asking information.
o There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones.
o Be very specific & ask to the point questions. Don’t ask vague questions.
o Ask as many short questions as you like ,but don’t ask for voluminous information.
o Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information.
o Do not ask a question containing ‘WHY’! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act.
o You can ask for reasons behind a “administrative” or a “quasi-judicial” decision under Section 4(1)(d), especially if you are a “affected person”
o If the information sought is voluminous, it is better to ask it in the form of CD to save on cost.
o Remember that, you do not need to write the reason for asking the information.
o Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details , etc., towards the end of your application
o The subject of the application should contain “Application under RTI Act”

Sample Format

Format of application for obtaining information under the Right to Information Act, 2005

To,
The Central Public information Officer,
(Name of the Office with Address)

(1) Full name of Applicant: Mr./Mrs./Ms.

(2) Address:

(3) Particulars of the information required

(i) Subject matter of Information:

(ii) The period to which the information relates:

(iii) Description of the information required:

(iv) Whether the information is required by post or in person:
(the actual postal charges shall be included in additional fees)

(v) In case by post (Ordinary, Registered or Speed):

(4) Whether the applicant is below poverty line
(if yes, attach the photocopy of the proof thereof.)

Place: Signature of the Applicant

Date: Fee of Rs.10/- sent in cash/by moneyorder/
by payorder no.###########

Mode of payment for seeking information

The applicant, along with the application , should send a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- payabe 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 Central Assistant Public Information Officer against proper receipt.

Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI. The amount of fees and the mode of payment varies and you should check the correct rules as applicable in your case.

Generally, you can deposit your application fee via:

* In person by paying cash [remember to take your receipt
* By Post through:
* Demand Draft/Bankers Cheque
* Indian Postal Order
* Money orders (only in some states)
* Affixing Court fee Stamp (only in some states)
* Some state governments have prescribed 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 favour of that account along with your RTI application. Please see respective state rules for complete details

The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall beintimated to the applicant by the CPIO as prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:

* Rs 2/- for each page (in A-4 or A-3 size paper) created or copied.
* Actual charge or cost price of a copy in larger size paper;
* Actual cost or price for samples or models.
* for inspection of records, no fee for the first hour; and a fee of Rs 5/- for each subsequent hour (or fraction thereof);
* for information provided in diskette or floppy rupees fifty per diskette or floppy; and
* for information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.

NOTE: 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. The application not accompanied by the prescribed fee of Rs 10/- or proof of the applicant’s belonging to below poverty line, as the case may be, shall not be a valid application under the Act and therefore, does not entitle the applicant to get information.

Submitting the application

Since you will need a proof, that your RTI application has been received by the PIO. The tested methods to submit a RTI application are:

* Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the PIO or by the inward department
* Registered Post AD: The AD card will act as proof of submission, after it is returned to you by the postal department. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the despatching post office to get the AD card completed
* Speed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you

Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery.

Designated Post Offices:

In order to facilitate citizens in filing RTI applications, the government has designated certain Post Offices for accepting RTI applications addressed to Public Authorities (PA’s) under Central Government. These cannot be used for submitting RTI Applications addressed to State PA’s, Legislatures, Courts, etc.

A list of designated Post Offices is available here:

http://www.indiapost.gov.in/rtimanual16a.html

You can read the following thread for further information regarding submitting your RTI applications through designated post offices:

http://www.rtiindia.org/forum/1653-t…end-cpios.html

Some useful links

Important Information & Discussions on Right to Information http://www.rtiindia.org/

Portal of the Right to Information http://www.rti.gov.in

Website of the Central Information commission: http://cic.gov.in/