GUIDE FOR THE INFORMATION SEEKERS FROM THE PUBLIC AUTHORITIES OF THE CENTRAL GOVERNMENT THE RIGHT TO INFORMATION ACT

GUIDE FOR THE INFORMATION SEEKERS
FROM THE PUBLIC AUTHORITIES OF THE CENTRAL
GOVERNMENT
THE RIGHT TO INFORMATION ACT, 2005
Government of India

Contents:
1. Foreword 1
2. Object of the Right to Information Act 2
3. What is Information 2
4. Right to Information under the Act 2-3
5. Exemptions from Disclosure 3
6. Central Public Information Officers 3-4
7. Assistance Available From CPIOs 4
8. Suo Motu Disclosure 4
9. Method of Seeking Information 4
10. Fee for Seeking Information 4-5
11. Format of Application 5
12. Disposal of the Request 5-6
13. First Appeal 6-7
14. Second Appeal 7
15. Complaints 8
16. Disposal of Appeals and Complaints by 8
the CIC
17. Important Web-sites 8

FOREWORD
The Right to Information Act, 2005 has converted the prevailing culture of
secrecy into a culture of openness and transparency in the working of the Government.
It will go a long way in strengthening our democratic institutions, empowering the
public, removing corruption and greater involvement of citizens in the development of
the nation.
This compilation explains the method of making application for seeking
information from the public authorities under the Central Government, the procedure
for preparing appeals and the steps for filing complaints in the matter and other related
issues. The contents of this document would apply mostly in connection with getting
information from the public authorities of the State Governments as well.
Nevertheless, since there are different fee rules and appeal rules in different States, the
States may like to bring out their own guide on the subject on similar lines.
I wish the Right to Information Act is made use of by the public for larger
public good.
(Satyananda Mishra)
Secretary
Department of Personnel & Training,
Ministry of Personnel, Public
Grievances and Pensions
Dated: the 8th November, 2007
A GUIDE FOR THE INFORMATION SEEKERS UNDER THE RIGHT
TO INFORMATION ACT, 2005.
The basic object of the Right to Information Act is to empower the citizens,
promote transparency and accountability in the working of the Government, contain
corruption, and make our democracy work for the people in real sense. An informed
citizenry will be better equipped to keep necessary vigil on the instruments of
governance and make the government more accountable to the governed. The Act has
created a practical regime through which the citizens of the country may have access
to information under the control of public authorities.
What is Information
2. 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.
Right to Information under the Act
3. A citizen has a right to seek such information from a public authority which is
held by the public authority or which is held under its control. This right includes
inspection of work, documents and records; taking notes, extracts or certified copies
of documents or records; taking certified samples of material held by the public
authority or held under the control of the public authority.
4. The public authority under the RTI Act is not supposed to create information;
or to interpret information; or to solve the problems raised by the applicants; or to
furnish replies to hypothetical questions. Only such information can be had under the
Act which already exists with the public authority.
5. A citizen has a right to obtain information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic mod~ or through print-outs provided
information is already stored in a computer or in any other device from which the
information may be transferred to diskettes etc.
6. The information to the applicant shall ordinarily be provided in the form in
which it is sought. However, if the supply of information sought in a particular form
would disproportionately divert the resources of the public authority or may cause
harm to the safety or preservation of the records, supply of information in that form
may be denied.
7. The Act gives the right to information only to the citizens of India. It does not
make provision for giving information to Corporations, Associations, Companies etc.
which are legal entities/persons, but not citizens. However, if an application is made
by an employee or office-bearer of any Corporation, Association, Company, NGO etc.
who is also a citizen of India, information shall be supplied to him/her, provided the
applicant gives hislher full name. In such cases, it will be presumed that a citizen has
sought information at the address of the Corporation etc.
Exemptions from Disclosure
8. The right to seek information from a public authority is not absolute. Sections 8
and 9 of the Act enumerate the categories of information which are exempt from
disclosure. At the same time Schedule II of the Act contains the names of the
Intelligence and Security Organisations which are exempt from the purview of the
Act. The exemption of the organisations, however, does not cover supply of
information relating to allegations of corruption and human rights violations.
9. The applicants should abstain from seeking information which is exempt under
Section 8 and 9 and also from the organizations included in the Second Schedule
except information relating to allegations of corruption and human rights violations.
Central Public Information Officers
10. Application for seeking information should be made to an officer of the public
authority who is designated as Central Public Information Officer (CPIO). All the
public authorities have designated their Central Public Information Officers and have
posted their particulars on their respective web-sites. This information is also available
on the 'RTI PORTAL' (www.rti.gov.in). Persons seeking information are advised to
refer to the web-site of the concerned public authority or the 'RTI PORTAL' for
ascertaining the name of the concerned CPIO. If it is found difficult to identify or
locate the concerned Central Public Information Officer of a public authority,
application may be sent to the Central Public Information Officer without specifying
the name of the CPIO at the address of the public authority.
Assistance Available From CPIOs
11. The Central Public Information Officer shall render reasonable assistance to the
persons seeking information. If a person is unable to make a request in writing, he
may seek the help of the CPIO to write his application. Where a decision is taken to
give access to a sensorily disabled person to any document, the Central Public
Information Officer, shall provide such assistance to enable access to information,
including providing such assistance to the person as may be appropriate for the
inspection.
Suo Motu Disclosure
12. The Act makes it obligatory for every public authority to make suo-motu
disclosure in respect of the particulars of its organization, functions, duties etc. as
provided in section 4 of the Act. Besides, some public authorities under the Central
Government have published other information and have posted them on their
websites.
Method of Seeking Information
13. A citizen who desires to obtain any information under the Act, should make an
application to the Central Public Information Officer (CPIO) 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 applicant can send the application by post or through
electronic means or can deliver it personally in the office of the public authority. The
application can also be sent through a Central Assistant Public Information Officer
appointed by the Department of Post at sub-divisional level or other sub-district level.
Fee for Seeking Information
14. The applicant, along with the application, should send a demand draft or a
banker's cheque or an Indian Postal Order of Rs.I0/- (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 Central Assistant Public Information Officer against proper
receipt.
15. The applicant may also be required to pay further fee towards the cost of
providing the information, details of which shall be intimated 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:
(a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or copied;
(b) actual charge or cost price of a copy in larger size paper;
(c) actual cost or price for samples or models;
(d) for inspection of records, no fee for the first hour; and a fee of rupees five (Rs.5/-)
for each subsequent hour (or fraction thereof);
(e) for information provided in diskette or floppy rupees fifty (Rs. 501-) per diskette or
floppy; and
(f) 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.
16. 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.l 01- 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.
Format of Application
17. There is no prescribed form 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. Even in cases where the
information is sought electronically, the application should contain name and postal
address of the applicant.
18. The information seeker is not required to give reasons for seeking information.
Disposal of the Request
19. The CPIO is required to provide information to the applicant within thirty
days of the receipt of a valid application. If the information sought for concerns the
life or liberty of a person, the information shall be provided within forty-eight hours
of the receipt of the request. If the CPIO is of the view that the information sought
for cannot be supplied under the provisions of the Act, he would reject the application.
However, while rejecting the application, he shall inform the applicant the reasons for
such rejection and the particulars of the appellate authority. He would also inform the
applicant the period within which appeal may be preferred.
20. If an applicant is required to make payment for obtaining information, in
addition to the application fee, the Central Public Information Officer would inform
the applicant about the details of further fees alongwith the calculation made to arrive
at the amount payable by the applicant. After receiving such a communication from
the CPIO, the applicant may deposit the amount by way of cash against proper receipt
or by Demand Draft or by Banker's cheque or by Indian Postal Order in favour of the
Accounts Officer of the concerned public authority. The CPIO is under no obligation
to make available the information if the additional fee intimated by him is not
deposited by the applicant.
21. Where an additional fee is required to be paid, the period intervening between
the dispatch of the intimation regarding payment of additional fee and payment of fee
by the applicant shall be excluded for the purpose of computing the period of thirty
days within which the CPIO is required to furnish the information.
22. If the CPIO fails to send decision on the request on the information within the
period of thirty days or forty-eight hours, as the case may be, the information may be
deemed to have been refused.
First Appeal
23. 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 CPIO. 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 CPIO is received.
24. 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.
Second Appeal
25. If the 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. The appeal made
to the Central Information Commission should contain the following information: -
(i) Name and address of the appellant;
(ii) Name and address of the Central Public Information Officer against the
decision of whom the appeal is preferred;
(iii) Particulars of the order including number, if any, against which the appeal is
preferred;
(iv) Brief facts leading to the appeal;
(v) If the appeal is preferred against deemed refusal, particulars of the application,
including number and date and name and address of the Central Public
Information Officer to whom the application was made;
(vi) Prayer or relief sought;
(v) Grounds for prayer or relief;
(vi) Verification by the appellant; and
(vii) Any other information, which the Commission may deem necessary for
deciding the appeal.
26. The appeal made to the Central Information Commission should be
accompanied by the following documents:
(i) Self-attested copies of the orders or documents against which appeal is made;
(ii) Copies of the documents relied upon by the appellant and referred to in the
appeal; and
(iii) An index of the documents referred to in the appeal.
Complaints
27. If any person is unable to submit a request to a Central Public Information
Officer either by reason that such an officer has not been appointed by the concerned
public authority; or the Central Assistant Central Public Information Officer has
refused to accept his or her application or appeal for forwarding the same to the
Central 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 Central Information Commission.
Disposal of Appeals and Complaints by the CIC
28. The Central Information Commission decides the appeals and complaints and
conveys its decision to the appellant/complainant and first appellate authority/CPIO.
The Commission may decide an appeal/complaint after hearing the parties to the
appeal/complaint or by inspection of documents produced by the
appellant/complainant and CPIO or such senior officer of the public authority who
decided the first appeal. If the Commission chooses to hear the parties before deciding
the appeal or the complaint, the Commission will inform of the date of hearing to the
appellant or the complainant at least seven clear days before the date of hearing. The
appellant/complainant has the discretion to be present in person or through his
authorized representative at the time of hearing or may opt not to be present.
Important Web-sites
29. Given below are the addresses of some important web-sites which contain
substantial information relevant to the right to information:
(i) Portal of the Government ofIndia (http://indiaimage.nic.in).
(ii) Portal on the Right to Information (www.rtLgov.in).
(iii) Website of the Central Information Commission (http://cic.gov.in).