Right to Information.

Right To Information Act, 2005. M.V.Ruparelia.

This is an Act of Parliament, giving to all Citizens an access to information in order to promote transparency & accountability in the working of all the Public Authorities. Obligations of all Public Authorities as laid down in the Act include among many aspects, the publication of procedure followed in the decision making process, norms set by it for discharge of its functions, the procedure of consultation with Public, giving all relevant facts while formulating important policies/decisions affecting Public, provide reasons for its administrative or quasi judicial decisions to affected persons.

For the purpose of giving information under the Act, each Public Authority shall nominate Public Information Officer and Appellate Public Information Officer in all administrative unit/office. Public Information Officer shall give the required information to the Applicant without asking the reasons for soliciting any information within 30 days of receipt of the Application. No specific Form is prescribed for asking information. Application shall be addressed to P.I.O. concerned and generally be in the following proforma:-

1. Name of the Applicant. 2. Address of the applicant.
3. Detailed particulars of information required.
4. Whether information is required by Post/ Internet/ in person.
5. Fee paid (in case the applicant is below poverty line, no fee but photo copy of proof to be attached).
Place, Date & Signature of the Applicant.

Fees prescribed for Application is Rs. 10. No fee is prescribed for Ist & IInd Appeal for Central Government Departments and others under jurisdiction of CIC, Delhi. Some States have prescribed Rs.20 for 1st & 2nd Appeals. For supplying information, only reasonable fee is to be charged not exceeding Rs. 2 per page of information/Rs. 50 for floppy/CD. No fee is to be paid for inspection for first 1 hour, Rs. 5 per every next hour for Central Government Units and for every 15 minutes for Maharashtra State. Fees can be paid in cash, D.D., Bank’s Pay Order, Post Office, and Court Fee in Maharashtra State. No fee is to be paid, if reply is not given within 30 days/ 45 days for Application/Ist Appeal. No time limit is prescribed for IInd Appeal to Commission.

Reply to each Application shall contain the details of Appellate Authority and time limit (30 days of receipt of reply) within which appeal has to be filed in case the applicant is not satisfied with reply. If Application is rejected, specific reasons are required to be given with details of Appellate Authority. If no reply is received, Appeal can be filed to the Head of the Unit/Office. Exemptions from disclosure of information are specified in the Act and generally pertain to security, strategic interests etc of the Country.

Ist Appeal (under Section 19(1) of the Act) can be in the following proforma:-

1. Name of the Appellant. 2. Full Address of the Appellant.
3. Particulars of Public Information Officer.
4. Date of receipt of the order appealed against.
5. Last date of filing Appeal (30 days from date of receipt).
6. The grounds of Appeal.
7. Particulars of information required & name of office/ department to which information pertains.
Place, Date & Signature of Appellant.
Ist Appellate Authority is generally belonging to the same department but senior to the PIO and shall conduct quasi-judicial proceedings and shall give fair & unbiased orders on your appeal. He can call the Applicant but it is not mandatory for Applicant to attend. He shall give reasons for arriving at his decision. Decision shall be conveyed within 30/45 days.

If the reply is not satisfactory or not received within 45 days, IInd Appeal can be filed with State/Central Information Commission, as the case may be within 90 days (can be extended by Commission).Central Information Commission has laid down the following proforma to be submitted in duplicate with certificate that copies of This Appeal with all enclosures are sent to the concerned Public Information Officer & Appellate Authority. Each page of Appeal & enclosures are required to be self attested.
1) Name of the Applicant:
2) Address:
3) Telephone No.& E/Mail:
4) R T I Request/ Information sought:
5) Name of CPIO with Address & T.No.:
A) Date of request: . B) Date of reply:
6) Name of First Appellate Authority & address with T.No.:
A) Date of 1st Appeal: B) Date of Orders of A.A.:
7) Prayers or Relief sought: .
8) Grounds of Prayer or Relief:
9) Verification by Appellant:
10) Any other information:
11) Whether 2 sets sent:
12) Page numbering:
13) Whether self attested all documents:
14) An Index: Attached.
15) 1 full set to CPIO:
16) 1 full set to A.A.:
17) Certificate that matters under this Appeal have not been filed or are pending with any court or tribunal or with any other authority:

Central Information Commission consists of Chief Information Commissioner and such number of Central Information Commissioners (not exceeding 10). All these Commissioners shall be appointed by President of India on recommendations of Prime Minister, Leader of Opposition in Lok Sabha and one Cabinet Minister nominated by Prime Minister. These Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media or administration & governance and shall be appointed for 5 years or till 65 years age. Each State shall also follow the same guidelines and appoint Commissioners with recommendations of Chief Minister etc with the approval of the Governor. These Commissioners are vested with powers of Civil Courts. No Court can interfere or entertain any matter arising out of this Act. No time limit is fixed for disposal of IInd Appeal and this is causing lot of unrest amongst the Applicants. Large number of IInd Appeals is pending in each State & Centre. Commissions are authorized to penalize Public Information Officers, who refuse to receive the Application or do not give information or give incorrect information knowingly, to the extent of Rs. 250 per day till Application is received by him or information is given, as the case may be subject to the maximum of Rs.25000. Even disciplinary action can also be ordered against Public Information Officer. This Act does not apply to certain organizations like Intelligence, Security etc. However, cases of corruptions & human rights violations are not excluded. Commission shall give a report on implementation of the provisions of the Act every year to the appropriate Government and such report shall be placed before both Houses of Parliament/State Legislature. It would be observed from this that Legislative Authority has given so much importance to this Act and given right to Public to ensure the transparent & efficient working of the Executive Authorities. People should take advantage of this Act and exercise their democratic power to ensure proper functioning of all Public Authorities.

However, it is observed that Act is taken as not a Grievance Solving Machinery by many of the Departments and detailed logical arguments brought out, while asking the basis of a particular wrong decision are not replied and thrown out as not covered under Right To Information Act, 2005. After getting information as available from Public Authorities, the Public is expected to take up separately for rectifying the wrong decision. The same old music of ``Apply, Apply-No Reply`` continues on representations and hardly any one (except Activists) prefers to go to Courts or is able to get Public Interest Litigation (PIL) filed! As reply to individual representation is not statutorily laid down, except under Right To Information Act, 2005, the position of the Citizen remains the same! If you inquire about your case/matter on phone, most of the times, it will be ringing or give engage tone, as if the person has a devise to keep so or is not available. All phones in Utility Offices, including those at top of the administration, should have an answering machine, so that complaints are recorded and the higher ups know as to how long the person on duty remains not available!! An appropriate clear provision for replying the arguments/grievances also could have helped the suffering Public! The intention of the Act in Preamble for Accountability and Obligations of Public Authorities in Section 4 of the Act do not make the Public Authorities to review their wrong decisions (without going to the Judiciary)! The desire of Indian Public for better governance & better policies can not be achieved due to such attitude of Public Authorities! General Public continues to suffer.

However, the Act enables the Citizen to get information on rules, government expenditure (even from P.M.`s Fund), reasons for taking decisions and copies of Government Orders etc.This Act is very useful and all Citizens should use it properly and ensure proper functioning of the Government Machinery.

Central Information Commissioner, Delhi has clarified that Associations, Firms, Private & Public Companies can also ask information under Right to Information Act, 2005. He has also clarified that Applications/Appeals from Senior Citizens shall be given preference and finalized within 4 months of receipt.