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Thursday, 24 October 2013

ALL ABOUT RIGHT TO INFORMATION ACT(RTI)

09:53 Posted by vijay pasham , No comments


WHAT IS RIGHT TO INFORMATION ACT?

Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.


Right to Information includes the right to:

  • Inspect works, documents, records.
  • Take notes, extracts or certified copies of documents or records.
  • Take certified samples of material.
  • Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in any other electronic mode or through printouts.

How to write an RTI Application?

 Pre-requisites:

  • Your name, address, contact telephone number and your email id.
  • Information about Public Information officer, name, address e.t.c. Locate central Government PIO's here! 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.
  • Do not adress your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.
  • Mode of Payment available with CPIO, the fees, and Contact person to receive the application. (In most of the cases the Assistant Chief Public Information officer, ACPIO or directly the CPIO).

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

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:
  • 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.
  • The matter can be hand written, or typed. There is no compulsion of typing the content
  • Make sure the application is legible and easy to read
  • There is no restriction on number of pages for asking information.
  • 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.
How to Apply the RTI application form HOW TO APPLY

SAMPLE RTI APPLICATION FORM

How to submit a RTI Application:

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 and keep a print out of the delivery status carefully with you.

Time limits specified in the RTI Act
Notes:

  • 3rd Party can be anyone other than the citizen applying for information
  • Please account for adequate time for postal delays
Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.

Following are the various time limits specified in the RTI Act 2005
For matters involving "Life and Liberty", the time limit for the PIO to provide information is 48 Hours:

For PIO to reply to application30 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 Party5 days from date of receipt of application
For 3rd Party to make a representation to PIO10 days from receipt of notice from PIO.
For PIO to reply to application if 3rd Party involved40 days from date of receipt of application.
For applicant to make First Appeal30 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 order30 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/SIC90 days from receipt of First Appeal orders or from the date when orders were to be received
For CIC/SIC to decide Second AppealNo time limit specified



WHO CAN ASK FOR INFORMATION?

Any citizen can request for information by making an application in writing or through electronic means in English / Hindi / official language of the area, in which the application is being made, together with the prescribed fees.


WHO WILL GIVE INFORMATION?

Any public authority would designate Central Assistant Public Information Officer (C.A.P.I.O.) at various levels, who will receive the requests for information from the public and necessary number of Central Public Information Officers (CPIO) in all administrative units/ offices who will arrange for providing the necessary information to member(s) of the public as permitted under the law. The public authorities are also required to designate authority senior in rank to a CPIO, as Appellate Authorities, who will entertain and dispose off appeals against the decision of the CPIO, as required under the Act. Any person who does not receive the decision from CPIO whether by way of information or rejection within the time frame, may within 30 days from the expiry of period prescribed for furnishing the information or 30 days from the date of receipt of the decisions, prefer an appeal to the Appellate Authority.


THE MAIN ROLE OF PUBLIC INFORMATION OFFICERS

Central Assistant Public Information Officers (CAPIO)

  • The CAPIO will receive the application / request for information or the appeals under the Act and forward the same immediately to the CPIO or the Appellate Authority as the case may be.

Central Public Information Officers (CPIO)

  • The CPIO is required to process the request for providing the information and dispose of the same; either by providing the information or rejecting the request, within a period of 30 days from the date of receipt of request

Appellate Authority

  • The Appellate Authority will entertain and dispose off appeals against the decision of the CPIO as required under the Act.
www.rtionline.gov.in


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