FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI

Q.1. What is Information?

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.

Q.2. What is a Public Authority?

A “public authority” is any authority or body or institution of self government established or
constituted by or under the Constitution; or by any other law made by the Parliament or a
State Legislature; or by notification issued or order made by the Central Government or a
State Government. The bodies owned, controlled or substantially financed by the Central
Government or a State Government and non-Government organisations substantially
financed by the Central Government or a State Government also fall within the definition of
public authority. The financing of the body or the NGO by the Government may be direct or
indirect.

Q.3 What is a Public Information Officer?

Public authorities have designated some of its officers as Public Information Officer. They
are responsible to give information to a person who seeks information under the RTI Act.

Q.4. What is the Fee for Seeking Information from Central Government Public
Authorities?

A person who desires to seek some information from a Central Government Public Authority
is required to send, along with the application, a demand draft or a banker’s cheque or an
Indian Postal Order of Rs.10/- (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 Assistant Public
Information Officer against proper receipt. However, the RTI Fee and the mode of payment
may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate
Government and the competent authority, respectively, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.

Q.5. What is the Fee for the BPL applicant for Seeking Information?

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.

Q.6. Is there any specific Format of Application?

There is no prescribed format 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.

Q.7. Is it required to give any reason for seeking information?

The information seeker is not required to give reasons for seeking information.

Q.8. Is there any provision for exemption from Disclosure of Information?

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information
which is exempt from disclosure. Sub-section (2) of section 8, however, provides that
information exempted under sub-section 3 (1) or exempted under the Official Secrets Act,
1923 can be disclosed if public interest in disclosure overweighs the harm to the protected
interest.

Q.9. Is there any assistance available to the Applicant for filing RTI application?

If a person is unable to make a request in writing, he may seek the help of the Public
Information Officer to write his application and the Public Information Officer should render
him reasonable assistance. Where a decision is taken to give access to a sensorily disabled
person to any document, the Public Information Officer, shall provide such assistance to the
person as may be appropriate for inspection.

Q.10. What is the Time Period for Supply of Information?

In normal course, information to an applicant shall be supplied within 30 days from the
receipt of application by the public authority. If information sought concerns the life or
liberty of a person, it shall be supplied within 48 hours. In case the application is sent through
the Assistant Public Information Officer or it is sent to a wrong public authority, five days
shall be added to the period of thirty days or 48 hours, as the case may be.

Q.11. Is there any provision of Appeal under the RTI Act?

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 Public
Information Officer. 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 Public Information Officer is received. 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.

Q.12. Is there any scope for second appeal under the RTI Act?

If the first 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.

Q.13. Whether Complaints can be made under this Act? If yes, under what conditions?

If any person is unable to submit a request to a Public Information Officer either by reason
that such an officer has not been appointed by the concerned public authority; or the Public
Information Officer has refused to accept his or her application or appeal for forwarding the
same to 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 Information
Commission.

Q.14. What is Third Party Information?

Third party in relation to the Act means a person other than the citizen who has made request
for information. The definition of third party includes a public authority other than the public
authority to whom the request has been made.

Q.15. What is the Method of Seeking Information?

A citizen who desires to obtain any information under the Act, should make an application to
the Public Information Officer 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 application
should be precise and specific. He should make payment of application fee at the time of
submitting the application as prescribed in the Fee Rules.

Q.16. Is there any organization(s) exempt from providing information under RTI Act?

Yes, certain intelligence and security organisations specified in the Second Schedule, are
exempted from providing information excepting the information pertaining to the allegations
of corruption and human rights violations. Courtesy – Guide on Right to Information Act,
2005 issued by the department of personnel and training Ministry of Personnel, Public
Grievances and Pension Government of India.