Education on RTI

What is RTI?
The Right to Information Act 2005 provides for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

When did RTI Act come into force?
The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.

Why do we need an Act to give us this right?
If you went to any Government Department and told the officer there, “RTI is my fundamental right, and that I am the master of this country. Therefore, please show me all your files”, he would not do that. In all probability, he would throw you out of his room. Therefore, we need a machinery or a process through which we can exercise this fundamental right.



Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc.

Who is covered under RTI?
Rights available under RTI

Ask any questions from the Government or seek any information.
Take copies of any government documents.
Inspect any government documents.
Inspect any Government works.
Take samples of materials of any Government work.


Who is covered under RTI

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.



Who will give you information about RTI

One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, 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.

Steps to file an RTI
Under section 6(1) of the RTI Act, 2005, get the information of the concerned public authority who is known as PIO (Public Information Officer). Every department has a PIO and the address can be found on the website of the department. In case the details of PIO are not available either on the website or RTI PORTAL, you need to visit the nearest office of the relevant organization or public authority and get the address of the concerned PIO.
Write an application with the line “Request for Information under Right To Information (RTI) Act, 2005”. Mention your query point vise.
There is a nominal fees of Rs.10 for filing RTI. The fee has to be submitted through a postal order/ CRF or by a bank draft. It should be in favor of Accounts Officer of a particular organization. For example, if RTI is being filed that concerns SBI Bank, it should be addressed to the Accounts Officer of SBI. And this has to be payable at the location of concerned department of PIO.
You may send it by any means such as post, speed post etc. but not to be sent by courier.
Application form has to be duly signed by the applicant.
Acknowledgement: All RTI applications have to be acknowledged within 30 days by concerned PIO or Organization. One needs to preserve the application number and date of filing or photocopies for future reference.
Requirements for Filing an RTI form
Essential Requirements for filing an RTI

(a) The applicant should be a citizen of India.
(b) The application should contain the particulars of information sought.
(c) The evidence of payment of application fee should be enclosed.
(d) The address of the applicant should be available for sending a reply.



Word limit for RTI applications

As per rule 3, an application shall not contain over 500 words, excluding annexures, address of CPIO and the applicant. Word limit varies across Indian states. In few states such as Maharashtra, Karnataka and Madhya Pradesh, the word limit is 500 while it is 150 in Bihar and an application has limited to only one subject).

Types of Information that an applicant can seek
Records, documents, memos, mails, opinions, advices, press releases, circulars, images or any other computer-generated material, orders, log books, contracts, reports, papers, samples, models or data material held in electronic form.

Fees to file RTI applications
Applicants will incur fees and costs that include, but may not be limited to the following.

Fee on an initial application

Demand draft, banker’s cheque or cash with subsequent receipt of Rs.10



Fees for information sought

Rs.2 per page that is either printed, copied or created in A4 or A3 size
Cost of the page or paper
Rs.50 per disc if information is given in a disc
Actual price of sample or models requested under the RTI Act


Fees for physical inspection of records

First hour is free after which there is a fee of Rs. 5 per hour

Procedure for Appeal
Procedure for first as well as second appeal in case the applicant fails to receive RTI information within the scheduled period. This also applies to those cases where satisfactory information is not provided. Here is an overview of the appeals procedure:

As an applicant, an appeal has to be filed with the relevant first appellate authority within 30 days of the date that was the last day of the expiry of the 30 day time period. The appeal is to seek information.
Your appeal will be reviewed and disposed within 30 days of receipt or 45 days in ‘exceptional cases’.
As an applicant, if your appeal is not disposed or you are still left unsatisfied, you can file a second appeal to the Central Information Commission. This appeal must be within 90 days from the date that was the last day of the 30 or 45 day time period of the first appeal.


For PIO to reply to an application

30 days from date of receipt of application

For PIO to transfer to another PA under Sec 6(3)

5 days from date of receipt of application

For PIO to issue notice to 3rd Party

5 days from date of receipt of application

For 3rd Party to make a representation to PIO

10 days from receipt of notice from PIO

For PIO to reply to an application if a 3rdParty involved

40 days from date of receipt of application

For applicant to make First Appeal

30 days from date of receipt of PIO’s reply or from date when reply was to be received

For First Appellate Authority to pass an order

30 days from receipt of First Appeal OR
Maximum 45 days, if reasons for delay are given in writing

For applicant to make Second Appeal before CIC/SIC

90 days from receipt of First Appeal orders or from the date when orders were to be received

For CIC/SIC to decide Second Appeal

No time limit specified



Authorities exempt from the RTI
The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information.

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. Sashastra Seema Bal
16. Directorate General of Income-tax (Investigation)
17. National Technical Research Organisation
18. Financial Intelligence Unit, India
19. Special Protection Group
20. Defence Research and Development Organization
21. Border Road Development Board
22. National Security Council Secretariat
23. Central Bureau of Investigation (CBI)
24. National investigation Agency (NIA)
25. National Intelligence Grid (NATGRID)
Penalty Provisions
The CIC or the SIC can impose a penalty on the PIO, while deciding on a complaint or a second appeal. Penalty can be imposed if the PIO has:

1. Refused to receive an application

2. Not furnished the requested information within 30 days of receiving the application

3. Denied the request for information

4. Knowingly given incorrect, incomplete or misleading information

5. Destroyed information, which was the subject of the request

6. Obstructed in any manner, in furnishing the information

The amount of penalty shall be Rs.250 per day till the information is furnished or the application is received, subject to a maximum of Rs.25,000. The penalty has to be paid by the PIO from his salary and not by the Public Authority. The CIC or the SIC will give the PIO a reasonable opportunity to be heard before the penalty is imposed. However the burden of proving that he acted reasonably shall be on the PIO.

Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend disciplinary action as per the service rules applicable to the PIO.

The First Appellate Authority (FAA) or the Public Authority (PA) are not subjected to any penalty clause under the RTI Act. more  

View all 21 comments Below 21 comments
Dear Sri S.K.Virmani garu..... I have gone through you blog headed "S.K.Virmani-RTI Act - Myth or Reality". You have very well presented the facts. Failure to provide the required information by the Public Authorities of State Bank of India is deliberate deliberate omission and intentional suppression of the information by the concerned CPIOs as seen from the facts presented by you. When section 19 (8) (b) clearly empowers the Central Information Commission requiring the public authority to compensate the complainant for any loss or other detriment suffered and when the same section 19 (8) (c) also empowers the CIC to impose any of the penalties provided under the Act, the question arises as to why the CIC is silent over the issue which is raised by you pointing out the larger public interest justifies the disclosure of such information. Further, even if the Public Authorities wish to take exemption under section 8 of the RTI Act, the CIC out to have taken a view that in the same Sec.8 clause (2) emphatically indicating as " 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". Here, the disclosure of the required information sought by you definitely outweighs the public interest. Again the question arises as o what interest the CIC has got to keep silent in support of the concerned Public Authorities of such financial institutes like SBI who are amassing wealth by cheating the general public as rightly said by you in going out of the way to the extent of resorting to unethical business by SBI in violation of RBI and Ministry of Finance directions. Here I personally feel that it may not be out of place to mention that all such accumulated monies in several such PSU Banks are being loaned out to big big evil elements of the society by creating huge financial loss to the institutions obviously with the connivance of the third rate officers of those financial institutions. When the question of transparency and accountability are needed to be legally shown when sought for the required information, those CPIOs are trying to suppress and hide the information needed in the larger interests of the public. When this kind of situation has arisen to the intellectuals and literates like you, it can be simply imagined about the plight of ordinary citizens. In such circumstances it would mar the very objective and purport of the RTI Act-2005 which is primarily noted in the Act in its beginning itself as “Whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed” gets defeated. If at all the CPIOs or the other Public Authorities were desirous of maintaining secrecy in disclosing the information held under their control either on the wrong plea of third party information or otherwise it is needed to be observed closely and judiciously the findings in the case of S.P. Gupta v. President of India and Ors, AIR 1982 SC 149, a seven Judge Bench of the Hon’ble Supreme Court of India made in respect of the Right to Information: Quote – “If secrecy were to be observed in the functioning of government and the processes of government were to be kept hidden from public scrutiny, it would tend to promote and encourage oppression, corruption and misuse or abuse of authority, for it would all be shrouded in the veil of secrecy without any public accountability. But if there is an open government with means of information available to the public there would be greater exposure of the functioning of government and it would help to assure the people a better and more efficient administration.” – Unquote. It is also observed in the same citation that – Quote - “A totalitarian government finds it easy to maintain secrecy. It does not come into the open until it chooses to declare its settled intentions and demand support for them. A democratic government, however, though it must compete with these other types of organization, has a task which is complicated by its obligations to the people. It needs the trust of the governed. It cannot, use the plea of secrecy to hide from the people its basic aims. On the contrary it must explain these aims: it must provide the justification for them and give the facts both for and against a selected course of action”. – Unquote. Several such observations were made on “maintenance of secrecy and its pros and cons” in the said citation. In another similar citation the Apex Court held – Quote – “On the emerging concept of an `open Government', about more than three decades ago, the Constitution Bench of this Court in The State of Uttar Pradesh v. Raj Narain & amp; others - AIR 1975 SC 865 speaking through Justice Mathew held: the people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security. To cover with veil of secrecy, the common routine business is not in the interest of the public. Such secrecy can seldom be legitimately desired. – Unquote. The Hon’ble Supreme Court of India also held in Civil Appeal NOs.10787-10788 of 2011 that – Quote – “The approach of the court must be to attenuate the area of secrecy as much as possible consistently with the requirement of public interest, bearing in mind all the time that disclosure also serves an important aspect of public interest”. – Unquote. Under the above circumstances, the desirability of taking up the matter initially to the concerned High Court may please be examined. I sincerely feel that it should not be left that RTI Act as a "Myth". Sri Viramani garu..... If you are interested in joining as a member of the circle in the online [Legal Advise and Matters] and proposed National Legal Forum being headed by like minded persons, you can opt yourself to share your experiences and also at the same time to take their valuable advises. more  
Dear members..... It is expressed by some one as to whether there is any specific format of Application under section 6(1) of RTI Act while seeking information from any Public Information Officer. There is no such specific format. It is enough even if is applied on a simple white specifically mentioning the name and address to whom the information sought for is to be sent. However some kind of format is prepared for the purpose of convenience as shown below: The central passport office for instance prepared a format as here under: APPLICATION FORMAT FOR INFORMATION UNDER RTI ACT 2005 To The Chief Public Information Officer/ Public Information Officer CPV Division/ Regional Passport Officer/ Passport Officer _________________________________ 1. Full Name of the Applicant (in capital letters) _______________________________ 2. Father's/Husband Name (in capital letters) _______________________________ 3. Complete address _____________________________ _____________________________ Pin code_____________________________ 4. Telephone No. Office ________ Res.____________ Mobile ______________ 5. Whether belong to BPL category (if yes, please attach a copy of the BPL/Antyodaya ration card (please tick) Yes ___No____ to claim waiver of the application fee) 6. Details of Application Fee/Addl. Fee:- (Application Fee - Rs.10/-; Addl. Fee - @Rs.2/- per page for A-4 size paper created or copied, by Cash, DD/BC/IPO to be drawn in favour of 'Accounts Officer, Ministry of External Affairs, if the application is submitted at the CPV Division, Patiala House, New Delhi or Passport Officer ' payable at local office where the application is submitted Cash Receipt/ DD/Bankers Cheque / IPO No Date Name of the issuing Bank/Authority Amount (Rs.) 7. Particulars of information required (please enclose separate sheet, if required, indicating specific details of information required and the preferred medium i.e. inspection, photocopy, softcopy, etc.) ________________________________________________________________________ DECLARATION I state that the information sought does not fall within the restriction contained in Section 8 & 9 of the RTI Act and to the best of my knowledge it pertains to your office. Place:_________ Date:___________ Supposing it is needed to be applied in Regional Language like Telugu, it is as shown below: సమాచార హక్కు చట్టం 2005 సెక్షన్ 6 (1) ప్రకారం సమాచారం కొరకు దరఖాస్తు To పౌర సమాచార అధికారి ( పి. ఐ . ఓ ) / ఉప పౌర సమాచార అధికారి (ఏ. పి. ఐ . ఓ) ​ : కార్యాలయం పేరు ​ ​ :​ చిరునామా​ :​ 1. దరఖాస్తు దారుని పేరు​ ​ :​ 2. అడ్రస్ : 3. కోరుతున్న సమాచారం ​ ​:​ 4. సమాచారం దరఖాస్తుదారునికి పంపవలసిన పద్దతి: ​ రిజిస్టర్ [ * ]​ఆర్డినరీ పోస్ట్ ​[ ] ​స్పీడ్ పోస్ట్ ​[ ] 5. అప్లికేషను ఫీజు రూ. 5. లేదా 10. రూపాయలు చెల్లించిన పద్దతి : ​ కోర్ట్ ఫీ​[ ] ​పోస్టల్ ఆర్డర్ ​[ * ]​డి . డి​ [ ] ​ నగదు​[ ] 6. దరఖాస్తుదారునికి సమాచారం ఇవ్వవలసిన పద్దతి: పైన కోరిన సమాచారం కంప్యూటర్లలో పొందుపరచబడి వుంటే దాని కెపాసిటీని బట్టి ఫ్లోప్పి / సి . డి . / డి . వి . డి . ల ద్వారా సమాచారం అందజేయగలరు. కంప్యూటరీకరణ జరగని సమాచారాన్ని " ప్రతీ పేజి ఫై ధృవీకరిస్తూ సంతకం చేసిన " సమాచారం అందజేయగలరు. 7. నేను కోరిన సమాచారం మరో ప్రజాసంస్థ వద్ద వుంటే సెక్షన్ 6 (3)​ ను అనుసరించాలి. 8. నేను పైన కోరిన సమాచారం నిరాకరించిన / అసంపూర్తిగా / అవాస్తవాలతో సమాచారం అందజేసిన "ప్రధమ అప్పీలు ఎవరికి చేసుకోవాలో వారి పేరు , హోదా , చిరునామా" తదితర వివరాలు తెలుపగలరు. 9. నేను పైన కోరిన సమాచారం నాకు తెలిసినంత వరకు సమాచార హక్కు చట్టం 2005, సెక్షన్ 8, 9 మరియు షెడ్యూల్ 11 పరిధి లోకి రావు. 10.నేను కోరిన సమాచారమునకు నియమ నిబంధనల ప్రకారము ఎంత సొమ్ము , ఏ పేరుమీద ఏ రూపేణా చెల్లించాలో తెలియపరిస్తే చెల్లించగలవాడను. స్థలం : ​ దరఖాస్తుదారుని సంతకం తేది : Note: It is always desirable to put the mobile number under neath the signature for the purpose of sending an SMS soon after its registration in the CPIO/CIC/SIC/1st Appellate Authorities when they were sent through Speed post or Registered post. Instead of directly approaching the concerned PIO/CPIO, it is better to send the Application under RTI Act and subsequent corespondent always either through speed post or registered post. more  
Dear all..... Some body expressed that the Postal Order was rejected by the Public Information Officer on the count that it was dated beyond 6 months ago. The PIO can not reject on that count of its validity being less than 6 months. Its validity is for 2 years and in some cases two and half years as per the circular D.O. No. 15-6/88 PO dated 25-09-1995 of the Postal Department. If any body needs a copy of the circular I shall provide it. In one occasion I reverted to the PIO on the same circular. Ignorance of the Laws, Rules relating to those Laws and such circulars by the PIOs is no excuse and they can not take any such exemption in disclosing or providing the required information on those kind of pleas. In another occasion someone expressed as to what to write i. e. whose designation is to be written on the Postal Order. It is enough if it is written as "Accounts Officer" of the concerned department. It is immaterial whether that particular PIO is having the post of "Account Officer" in his Office or his Superior Officer is having such post as "Accounts Officer". It is a settled Law that on the Postal Order it is needed to be written only as "Accounts Officer" of the concerned department from whom the information is being sought for. more  
I had a question as to whether RTI Act is a Myth or Reality and hence I created a blog with link: http://skvirmani-rtijago.blogspot.in/ To find an answer I started uploading applications seeking information, First Appeals and 2nd Appeals along with PIO responses and CIC judgements. More or less it seems RTI Act is a Myth rather than reality. I had about 100 subjects on which I sought information under RTI. One such case is already uploaded and rest are in process as it is taking time because of no manpower. The case already put on the blog pertain to State Bank of India which is adapting to unfair business of more than Rs. 400 crore per annum just on a/c of deducting SMS alert fee from account holders. The readers may like to go through the blog and provide me comments with their valueable feedback. more  
What about the massive encroachment by quite a few residents here; or is it not important ? Just take a round of the Ward you stay in and the truth shall get revealed . The surprising thing is that we have appointees as Ward Incharge;but what are they doing about it. Day after day,the encroachments increasing . There are roads where residents have left but 2/3 feet from the road and constructed their private requirements on them. But is anyone noticing---you scratch my back and I scratch yours.Then it is these ppl who shall,when the demolition occurs,cry hoarse. On Mon, 08 Aug 2016 14:30:21 +0530 "Sudesh Rai" wrote > more  
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