HOW TO FILE AN RTI

Right To Information Act 2005

RTI is enacted by the Parliament of India. It was enacted on 15 June 2005 and was assented to on 22 June 2005. It commenced on 12 October 2005. It covers the whole of India and also Jammu and Kashmir since 5 August 2019 after article 370 got invoked.

SALIENT FEATURES OF RTI ACT

1. All citizens possess the right information.
2. Information can be obtained within 30 days from the date of request in a normal case. If information concerns the life or Liberty of someone, It can be obtained within 48 hours after the request is submitted.
3. Every public authority is under an obligation to provide information on written requests for electronic means. Certain information is prohibited. Certain restrictions are put forward for third-party information.
4. Appeal against the decision of the central information commission or state information commission can be made to an officer who is senior in rank.

OBJECTIVES
1.The basic objective of the concerned act is
to provide empowerment to the citizens and promote accountability and transparency in the working of the government.

2. Another objective is to contain corruption and make our democracy work for the people in a real sense.
3. An informed citizen should keep a necessary check on the instruments of governance and make the government more accountable for the people.
4. The act is a big step towards making the citizens responsible informed about the activities of the government.

EXEMPTIONS AND DISCLOSURE

1. The information available to a person in his fiduciary relationship, unless it satisfies a competent authority about the larger public interest behind such disclosure of information.
2. Information that is received from the foreign government in confidence.
3. Information, which can endanger someone’s life or physical safety or identify the source of information or assistance given in confidence for law enforcement or security purposes.

PROCESS OF FILING AN RTI

1. Information can be sought under section 4/6.
2. Application filed under section 6.
3. Can seek information but not ask questions/opinions.
4. Information has to be provided within 30 days.
5. If no information is provided, the first appeal under section 19 within the public authority usually a senior officer is made after 30 days.
6. If you are still not satisfied, file a second appeal under section 19 weather information commission within 90 days.
7. If no reply is received, file a complaint under section 19 directly with the information commissioner.

USING RTI PORTAL

1. This web portal can be used by the citizens of India to file an RTI application and also pay for filing it online. The first appeal can also be filed online.
2. An applicant who seeks some information under this act can request through the web portal to the ministries of government or departments of government etc.
3. After clicking on the ” submit request” option, the applicant has to fill in the required information on the page that will appear. The fields marked with * are not optional while others are optional.
4. The text may be returned at the prescribed column of the application.
5. Currently, the text of an application that can be uploaded at the prescribed column is confined to 3000 characters only.
6. In case an application has characters exceeding the prescribed limit of 3000, it can be uploaded as an attachment, by using a column supporting document.
7. After filing the first page, the applicant has to click on ‘ make payment ‘ to make payment of the prescribed fee.
8. The applicant and pay the prescribed fee through the following modes-
   -SBI’s internet banking and its associated banks
   -using credit or debit card of master/visa.
9. Fees making an application is as described in the RTI rules 2012.
10. The application can be submitted after making the payment.
11. As per the rules of RTI 2012, nothing is required to be paid by a citizen below the poverty line. But the applicant must attach a copy of the certificate which is issued by the appropriate concerned government along with the application.
12. When the application is submitted, a unique registration number would be issued, which may be referred by the applicant for any references in the future.
13. The application filed through this web portal would reach electronically to the nodal officer of the concerned ministry or department, who transmit the RTI application electronically to the concerned CPIO.
14. In case additional fees are required for presenting the cost for providing information, CPIO would intimate the applicant through this portal. This intimation can be made available to the applicant through a status report or his email alert.
15. For applying to the first appellate authority, the applicant will have to click -submit first appeal option and fill up the information on the page that will appear afterward.
16. The registration number of the original application is to be used for reference.
17. As per the RTI act, no fees to be paid for the first appeal.
18. The applicant/appellant should submit his/her mobile number to receive an SMS alert.
19. The status of the first appeal or the application which is filed online can be checked by the applicant by clicking on the option “view status”.
20. All the requirements for filing a Right to Information application and first appeal as well as other provisions regarding time limit, exemptions, etc. will continue to apply as provided in the RTI act, 2005.