FAQ on RTI
DOPT issued FAQ on RTI
Department
of Personnel and Training has issued an another clarifications on Right
to Information Act (RTI) as in the form of FAQ. Nearly seventeen
questions and answers are compiled with simple and effective
information. We reproduced the contents of the FAQ and given below for
your reference…
FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)
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
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 (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: www.persmin.nic.in
DOPT issued FAQ on RTI
Department
of Personnel and Training has issued an another clarifications on Right
to Information Act (RTI) as in the form of FAQ. Nearly seventeen
questions and answers are compiled with simple and effective
information. We reproduced the contents of the FAQ and given below for
your reference…
FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)
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
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 (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: www.persmin.nic.in
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