APPENDIX

APPENDIX A

THE RIGHT TO INFORMATION ACT*

For several years social activists had embarked on a mass movement to seek the right to information, and to address the problem of corruption and lethargy in the government. They knew that public’s access to information was the key to bringing transparency and direct public accountability in governance. As Mahatma Gandhi said, “The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused”. The Right to Information movement resulted in the enactment of the Right To Information Act in June 2005. The law came into force in October 2005, paving the way for the common man to have an alternative to silently bow down to unlawful demands and endure the apathy of public servants.

Prime Minister Manmohan Singh in his speech in Parliament stated: “I believe that the passage of this Bill (RTI) will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.”

The Right to Information (RTI) Act, one of the most revolutionary laws in the country, can be defined as the right of any citizen of India to request access to information, and the corresponding duty of the government to meet the request, except in the case of exempted information. A remarkable provision of this law is that it allows penal action against government officials in case they refuse to give the information sought, as prescribed under the Act.

For instance, according to the NDTV news channel, people in rural Karnataka recently combined the campaigns for the Right to Information and the Right to Food to fight hunger. Poor villagers successfully participated in social audits and public hearings to demand that the rations due to them be allotted at the correct prices. As a result, there is now a marked improvement in the quality of food grains, which is being supplied in the villages. Besides, new ration shops are being opened, and ration cards are being issued to the people.

Given below are the details of the RTI Act. The details can be divided into four parts, namely, the scope of the Act, its functioning, requesting for information and making an appeal against any grievance or denial of information.

The Scope of the RTI Act

The Act, which extends to the whole of India except Jammu and Kashmir state, gives the right to all citizens, under Section 2(j), to inspect works, documents and records; take notes, extracts or certified copies of documents or records; take certified samples of material; and obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode, or through printouts.

In Section 2(f), information is defined as 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.

Information, as per Section 2(h), can be sought from any public authority, meaning any authority or body or institution of self-government established or constituted by or under the Constitution, by any other law made by Parliament, by any other law made by State Legislature, or by notification issued or order made by the appropriate Government. It includes any body owned, controlled or substantially financed, non-Government organization substantially financed directly or indirectly by the appropriate Government.

However, according to Section 8, certain types of information are not open to disclosure. These exceptions are:

1. Information, the 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;
2. 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;
3. Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
4. 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;
5. Information available to a person in his or her fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
6. Information received in confidence from foreign Government;
7. 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;
8. Information which would impede the process of investigation or apprehension or prosecution of offenders;
9. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; and
10. 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.

Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

In addition, certain bodies are exempt from the purview of this Act. Those excluded are:

1. Central Intelligence and Security agencies like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, the Crime Branch-CID, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police.
2. Agencies specified by the State Governments through a notification.

The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violations could be given but only with the approval of the Central or State Information Commission, as the case may be.

Functioning of the RTI Act

There are Public Information Officers (PIOs) designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. PIOs are empowered to seek the assistance of any other officer for the proper discharge of their duties.

A PIO has been entrusted with following responsibilities:

1. The PIO shall deal with requests from persons seeking information, and where the request cannot be made in writing, shall render reasonable assistance to the person to render the same in writing.
2. If the information requested for is held by, or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within five days, the request to that other public authority and inform the applicant immediately.
3. The PIO, on receipt of a request, shall act as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in the Act.
4. Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
5. If the PIO fails to give a decision on the request within the period specified, he/she shall be deemed to have refused the request.
6. Where a request has been rejected, the PIO shall communicate to the requester—(i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the Appellate Authority.
7. The PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
8. If allowing partial access, the PIO shall give a notice to the applicant, informing him/her that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided. The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; the name and designation of the person giving the decision; the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access are also provided.

If the information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within five days from the receipt of the request and take its representation into consideration. (According to Section 2(0) and Section II, a third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence.)

The third party is given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.

To ensure the effectiveness of the law, Section 25 requires that the Central Information Commission, the apex appellant body, sends an annual report to the Central Government on the implementation of the provisions of this law at the end of the year. The State Information Commissions are also required to send their reports to their respective State Governments.

Besides, each ministry has a duty to compile reports from its Public Authorities and send them to the Central Information Commission or State Information Commission, as the case may be. Each report contains details of number of requests received by each Public Authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected, etc.

The Central Government is required to table the Central Information Commission report before Parliament after the end of each year. The concerned State Government is to table the report of the State Information Commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable).

Applying for Information Under the RTI Act

Any information under the purview of the RTI Act can be sought by applying 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. It is important to know that the applicant is not required to give any reason for seeking information. The application can also be sent to the concerned government ministry or the Prime Minister’s Office.

The applicant has to pay a fee of Rs 10 along with the request for information. If further fees are required, the same is intimated to the applicant in writing with details of how the figure was arrived at. No fee is charged from people living below the poverty line. Besides, the applicant is provided information free of cost if the PIO fails to comply with the prescribed time limit.

The time limit for providing information is 30 days from the date of application. It is important to note that the PIO is supposed to provide information within 48 hours if the information concerns the life and liberty of a person.

In case the application is given to APIO, the time limit increases by five days. If the interests of a third party are involved, then the time limit is 40 days.

Failure to provide information within the specified period is a deemed refusal.

Appealing Against Any Grievance or Refusal of Information Sought

The first appeal has to be made 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. However, the delay may be condoned by the Appellate Authority if sufficient cause is shown.

The second appeal can be made 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. Again, the delay may be condoned by the Commission if sufficient cause is shown.

Third Party appeal against the PIO’s decision must be filed within 30 days before the 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.

It is important to know that the burden of proving that denial of information was justified lies with the PIO.

Under Section 19, the first appeal should be disposed of within 30 days from the date of its receipt. However, the period may extend by 15 days if necessary.

It is also important to know that every PIO is liable for a fine of Rs 250 per day, and up to a maximum of Rs 25,000/-, for not accepting an application; delaying information release without reasonable cause; malafi-dely denying information; knowingly giving incomplete, incorrect, misleading information; destroying information that has been requested and obstructing furnishing of information in any manner.

Under Section 20, the Information Commission at the Centre and the State levels has the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO.

Headquartered in New Delhi, the Central Information Commission includes one Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (ICs), appointed by the President of India.

Similarly, a State Information Commission has one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SICs), appointed by the Governor.

Under Sections 18 and 19, these Commissions have certain duties and powers.

Their duties include receiving complaints from any person who has not been able to submit an information request because a PIO has not been appointed; who has been refused information that was requested; who has received no response to his/her information request within the specified time limits; who thinks the fees charged are unreasonable; who thinks information given is incomplete or false or misleading; or any other matter relating to obtaining information under this law.

These Commissions have the power to order inquiry if there are reasonable grounds. They have powers of Civil Court such as summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things; requiring the discovery and inspection of documents; receiving evidence on affidavit; requisitioning public records or copies from any court or office; issuing summons for examination of witnesses or documents; and any other matter which may be prescribed.

Further, these bodies have the power to secure compliance of its decisions from the Public Authority, including providing access to information in a particular form; directing the public authority to appoint a PIO/APIO where none exists; publishing information or categories of information; making necessary changes to the practices relating to management, maintenance and destruction of records; enhancing training provision for officials on RTI; seeking an annual report from the public authority on compliance with this law. The Commission may also require the public authority to compensate for any loss or other detriment suffered by the applicant; impose penalties under this law; or reject the application.

APPENDIX B

SOME TIPS ON EXERCISING YOUR RIGHT TO INFORMATION*

The Right to Information Act 2005 has empowered the citizens of India to access information from public authorities, which are government institutions or owned, controlled and substantially financed by the government. However, there are 18 Central security and intelligence organizations that are exempted from the purview of the RTI Act.

Here are a few practical tips to remember while exercising your right to information:

1. Whom to approach for Information:

   The RTI Act designates two types of officials to deal with requests for information. They are: (l) Public Information Officers (PIOs) designated at all administrative units or offices at the Central, State and local administration levels, and (2) Assistant Public Information Officers (APIO) designated at the sub-district or sub-divisional levels. The APIOs have the duty to forward the application to the concerned PIO within 5 days of the receipt of the application.

2. What Information is accessible:

   The RTI Act empowers citizens to access a wide range of information held by public authorities in different forms, such as records, manuscripts, files, file notings, microfilm, microfiche, facsimiles, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data in electronic form, etc.

   Section 4 of the RTI Act requires all public authorities to routinely publish 17 categories of information, which should be updated regularly. The proactive disclosure statements of ministries/departments under the Central and State governments can be accessed by logging on to the RTI portal developed by the Government of India at www.rti.gov.in

   The information available includes:

   1. Structure of the organization, powers and duties of its officers, a directory of its employees, monthly remuneration received by each employee;
   2. Process of functioning, which includes the procedures followed in decision making, norms, rules and regulations, etc.;
   3. Financial details and schemes relating to the organization;
   4. Details of consultative arrangements; and
   5. Details related to accessing information.

   Under the RTI Act, one enjoys:

   1. the right to inspect any work, document or record in person,
   2. the right to get certified copies or extracts of documents or records,
   3. the right to ask for certified samples of materials and models, and
   4. the right to get information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic form or through printouts.

   However, in specific cases, information may be denied under Sections 8(1) and 9 of the RTI Act.

3. Seeking Information:

   The RTI Act gives each citizen the right to make a specific written request for information to a public authority. Here are some steps to exercise this right:

   Step 1: Identify the public authority which holds the Information

   One needs to identify the public authorities that deal with the information required. For example, if you want to know the details of the kinds of free health services available at primary health centres, then you need to submit an application to the health department. However, if you get it wrong, it will be passed on to the relevant public authority within five days.

   Step 2: Identify to whom you should submit your application within the public authority

   One needs to get a list of Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) appointed in each department. If you submit your application to an APIO, then the time limit for a response to your application is 35 days, while if it is submitted to a PIO, it is 30 days.

   Step 3: Draft a clearly focused application

   One can make a written or electronic application in English, Hindi or in the official language of one’s area. In the application, one must draft one’s request in a clear and concise manner. It is absolutely necessary to make one’s request as specific as possible so that one gets the required information. It is important to draft the application in specific terms, so that the PIO may not return it on the grounds of being too vague or difficult to understand. Though some government departments do prescribe forms for administrative purposes, the Act does not specify a particular form that must be used to make applications, and therefore, a request for information even on an ordinary piece of paper should be treated as a formal application.

   Step 4: Submit your application

   After completing the application, one needs to send it to the PIO in the public authority which has the information that is sought or the APIO located at the nearest sub-district or sub-divisional level. One may submit his/her application by post, fax or e-mail. If one is sending the application by post, he/she should send it preferably by registered post or under certificate of posting (UCP). If one is submitting one’s application in person, he/she should ask for a receipt or an acknowledgement, which has the time and date when the application was received. The Act requires that the application fee must be paid before the application is processed. One must know the different fees prescribed by the Centre and the States. If one is submitting the application in person, he/she should pay the application fee and get a receipt for the payment of the fee. A copy of this payment receipt should be submitted along with the application to the PIO or the APIO, who should return the receipt on the spot acknowledging the date of receipt of the application. Alternatively, if one is mailing the application, he/she may pay the fee by demand draft, bankers’ cheque or money order. Since the Act does not specify any mode for paying application fees, the modes of payment are specified in the Fee Rules issued by the State and Central Governments. Applicants who are below the poverty line (BPL) do not have to pay any fees under the RTI Act. Therefore, while applying for information, BPL cardholders need to attach a copy of their BPL card, or an extract from the BPL list containing their name or some other such proof signed by a competent officer.

   Step 5: Wait for a decision

   Once the PIO receives the application, complete with application fee, he/she is required to process it as fast as possible, but no later than 30 days from the date on which he/she receives the application. If an APIO passed the application on, another 5 days is added to the time line. However, where the information requested is vital to ensuring the life or liberty of a person, a decision has to be made within 48 hours.

   Step 6: The PIO gives the decision

   If the PIO decides to give the information, he/she will send you the decision notice within 30 days. The notice will include advice regarding any additional fees payable to actually access the information requested and inform about one’s right to appeal the decision about the amount of fee charged or the form in which you want to access the information, including details of the Appellate Authority, time-limit and other related forms. If the PIO rejects one’s request for information, he/she has to give a written notice of his/her decision to reject the request within the 30-day time limit. The decision notice must state (a) the reasons for the rejection, (b) the period within which one may appeal against the decision, and (c) the name and contact details of the Appellate Authority for making an appeal. If the PIO fails to give a decision notice, then it is regarded as a ‘deemed refusal’. One may then appeal to the departmental Appellate Authority or send a complaint to the concerned Information Commission.

   Step 7: The process of appeals and complaints

   The RTI Act sets in place appeals and complaint procedures, which provide requesters with cheap, simple options for tackling issues with decisions or poor performance of public authorities and government officials under the Act. The options available are as follows:

   1. Making an appeal: (a) First, appeal to the Appellate Authority. (b) Second, appeal to the Information Commission.
   2. Making a complaint to the Information Commission; and finally
   3. Making an appeal to the State High Court or the Supreme Court.

   The entire process followed under the RTI Act is illustrated in Flowcharts 1 and 2. A suggested format for an RTI application is also provided.

SUGGESTED FORMAT FOR APPLICATIONS UNDER THE RTI ACT

It is important when writing your application that you word your question rightly so that the information you want is perfectly clear. At a minimum, your application should contain enough information to enable a PIO to provide you with the information you want. An application under the RTI Act would resemble the following:

To
Public Information Officer/Assistant Public Information Officer
Name of the Department
Postal Address

1. Full name of applicant: Ms Anita Bhandarkar
2. Address: 105 Sundar Nagar, 2nd Floor, New Delhi 110 003
3. Phone Number: (011) 24367489
4. Application submission date: 10 August 2006
5. Name of the Department: Public Works Department
6. Details of information requested:
   1. How much money was allocated in the last two years for the maintenance of Aurobindo Marg between IIT flyover and Adchini?
   2. How much money was actually spent on fixing the road?
      1. Whom was the relevant contract(s) awarded to?
      2. What were the tender specifications?
      3. When was the work completed?
      4. What is the name and designation of the officer who verified completion of the work according to the specifications in the contract?
   

   Flow Chart 1 Application Process

7. Period for which information is requested: January 2005 to the present date
8. Form of information requested: copy/inspection of works/inspection of records/certified copy of records/certified sample.
9. Details of fee payment: Receipt No. XXXX, Date: 10 March 2006
10. Does the applicant fall below the poverty line: Yes/No (if yes, then attach proof of BPL status)
    

    Flow Chart 2 Appeal Process