Professional Documents
Culture Documents
What is Information
Information means any material in any form, including records, documents, manuscripts, memos,
emails, opinions, advices, file notings, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples and models. Data held in any electronic form such as fax, microfilm, microfiche,
etc. is also covered in the definition of information.
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You can take certified copies of documents, notes, extracts, contracts, CD, etc.
Inspect documents and records at government offices.
Inspect works such as quality, length and width of roads.
Take certified samples of materials, e.g., polluted water, road material, cement.
Seek information in a format of your choosing.
Some of the information is exempt from disclosure. Please see a later section below.
It is important to know how you obtain information and what does NOT come within the definition
of information. Please carefully read the chapter "How to frame queries".
You are not required to give any reason for asking for information.
You are not required to give personal details. Only contact details are sufficient.
You must be a citizen of India, but you are not required to give any proof.
There are contradictory decisions and views whether only individual citizens can ask for
information, or whether Corporates, NGOs and institutions can also apply. We suggest that
you use the letter head of your organization but show yourself as "Applicant - Your name"
and sign accordingly at the bottom.
Application can be written on a plain paper. Please read another chapter "Step by step procedures"
for guidance on this and all subsequent points.
Fees
1. Fee payable at the time of submitting your application is chargeable on "per application"
basis. You can seek any amount of information in a single application but it is advisable to
restrict one application to one matter.
2. For central Public Authorities, the fee payable is Rs.10 at the time of submitting application.
3. For states, it varies from state to state. The maximum specified by any state is Rs.50.
4. No fee at any stage is payable if the applicant belongs to Below Poverty Line category.
5. The following further charges apply in the case of central government Public Authorities:
1. Rs.2 for each page created or copied or photocopied upto A3 size.
2. Actual charge for larger sizes.
3. Actual cost/price for samples and models, and published material at the price fixed.
4. Rs.50 for each CD, floppy disk or other similar media.
5. For inspection of records, no fee for the first hour. Rs.5 for each subsequent hour.
6. If the PIO exceeds time limit, information will be given free of charge to you, no matter
how high the cost is.
7. State governments have prescribed their own charges. Some are outrageously high. For
example, for Haryana and Punjab, the charge for each page is Rs.10.
Time limits
1. PIO shall provide information or reject your request for information within 30 days.
2. Information concerning the life or liberty of a person has to be provided within 48 hours
even on holidays.
3. When submitting an application with Assistant PIO, add 5 days.
4. When application is transferred from one Public Authority to another, add 5 days.
5. If the PIO fails to give a decision in time, he shall be deemed to have refused the request.
Refusal is different from rejection. PIO has the right to reject, but he cannot refuse.
6. First appeal may be made within 30 days. More time may be given to you on reasonable
grounds. This appeal shall be disposed of within 30 days. The first appellate authority may
take upto 45 days but has to record the reason for delay in its decision.
7. Second appeal may be made within 90 days. More time may be given to you on reasonable
grounds.
8. No time limit is specified to file a complaint with the Commission, however, it is advisable
to file it within 90 days at most.
9. There is no time limit prescribed for the commission to give its decision. CIC takes from
one to six months.
10.Where further fee is payable, intervening period between intimation by the PIO and receipt
of fee by him will be added to the applicable time limit.
11.In cases of human rights violation where the Commissions approval is necessary, the
information will be supplied within 45 days.
12.Where the interests of third party are involved and there is no objection by the third party
after being heard, the information will be provided within 40 days.
13.If the third party objects, then the third party will go through standard appeals process. It is
not clear how long you should wait for information in such cases but it is suggested that you
wait for no more than 40 days + 10 days for postal transit time.
14.Remember that if the PIO exceeds time limit, information will be given free of charge to
you, no matter how high the cost is.
It is advisable to give the benefit of upto 10 days to the PIO, First Appellate Authority etc. for
postal transit time.
Third party
1. If the information sought has been treated as confidential by a third party, the PIO shall give
a written notice to the third party within 5 days from the receipt of the request and take its
representation into consideration before deciding whether to disclose that information or
not.
2. Third party shall be given 10 days to make a representation before the PIO.
3. The PIO shall, within 40 days of application and after giving the third party an opportunity
of being heard, make a decision whether or not to disclose information and give in writing
the notice of his decision to third party. The third party may appeal against the decision, and
standard appeals procedures shall be followed. Until all these procedures are completed,
information cannot be given to you. Time taken by such procedures shall be added onto the
time limit of 40 days.
Appeals
1. There are two levels of appeal: the First appeal, and the Second appeal.
2. If you receive no information or you are not satisfied with the information, you may prefer
first appeal within 30 days.
3. First appellate authority shall be a designated officer senior in rank to the concerned PIO in
the concerned department. His/her name is usually posted on the same website/noticeboard/document where the details of PIOs are posted.
4. In appeal proceedings, the onus to prove that a denial was justified shall be on the PIO.
5. First appeal shall be decided within 30 days. Appellate Authority may take upto 45 days but
he has to record reasons for the delay in his decision.
6. First appeal may be preferred in writing on a plain paper and should include:
1. name/designation and address of the first appellate authority
2. your name and contact details
3. concerned PIOs name and designation
4. application ID no. and/or fee receipt no. issued at the time of applying, if any
5. photocopy of the application form - don't enclose enclosures if they are too many
6. photocopy of the rejection letter or reply, if available
7. detailed grounds of appeal
8. reliefs sought a list of your demands/requests to the first appellate authority
7. If the first appeal is partially or fully dismissed, you may prefer a second appeal which lies
with the Commission within 90 days. More time may be given to you on reasonable
grounds.
Note: Apart from Second appeal, there is another avenue open to you, namely, Complaint to the
Information Commission. Differences between the Second appeal and the Complaint may be
confusing because of many overlapping provisions, but the litmus test lies in asking yourself one
simple question: Has the PIO replied to me? If yes, take the first appeal route followed by second
appeal. If he hasn't replied at all within the time limit, file a complaint. For all other grievances
also, file a complaint. An indicative list of grievances is enumerated below:
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"Rules"
In addition to the law (Act) enacted by the Parliament, certain Rules are needed to be framed by
competent authorities in order to carry out the provisions of the RTI Act. Most of the competent
authorities have framed rules.
1. The Central Government has framed rules which are required to be followed by all
organizations which come under the central government's jurisdiction, regardless of the
actual location of the organization.
2. The State Governments frame rules which are followed by state government organizations.
3. The High Courts and the Supreme Court frame their own rules.
4. All state Legislative Assemblies and Legislative Councils also frame their own rules.
5. The President and the Governors/Administrators.
It is because of this power to frame rules that we have different fee in different states.