RTI Act was introduced in India in 2005 and guarantees the right to information under Article 19(1)(a) of the Indian Constitution. The RTI Act aims to promote transparency and accountability in government bodies. It defines public authorities and information broadly and mandates the proactive disclosure of information. While most information can be accessed, there are some exceptions relating to sovereignty, commercial confidence, fiduciary relationships, and personal privacy. Requests for information are made to Public Information Officers, with appeals available within a defined timeline if information is denied.

2. Background
RTI Act was introduced in Maharashtra & eight other
States in 2002.
Central RTI Act was introduced all over India (except
Jammu and Kashmir) in 2005.
Currently RTI Act is applicable all over India (including
J&K w.e.f. 2009).
RTI Act is guaranteed under Article 19(1) (a) of the
Indian Constitution (Freedom of expression).

3. The real Swaraj will come not by the
acquisition of authority by a few but
by the acquisition of capacity by all
to resist authority when abused.
Mahatma Gandhi

4. Landmark Order
State of UP v Raj Narain (1975)4 SCC 428
In a government of responsibility like ours, where all agents of
the public must be responsible for their conduct, there can be
but few secrets. The
people of this country have a
right to know every public act, everything that
is done in a public way, by their public
functionaries….to cover with veil of secrecy the common
routine business, is not in the interest of public.
Mathew J. on behalf of the Bench

5. Preamble of RTI Act
..............to promote transparency and
accountability in the working of every public
authority.
.............. to contain corruption and to hold
Governments and their instrumentalities
accountable to the governed.

6. What is Information ?
Information means any material in any form
including:
records documents memos e-mails
opinions advices press releases circulars
orders logbooks contracts reports
papers samples models electronic data
and information relating to any private body which can be accessed by a
public authority under any other law for the time being in force
Section 2(f)

7. What is a Public Authority ?
“Public Authority" means any authority or body or
institution of self- government established or constituted—
a) by or under the Constitution;
b) by any other law made by Parliament;
c) by any other law made by State Legislature;
d) by notification issued or order made by the appropriate
Government,
and includes any—
i. body owned, controlled or substantially financed;
ii. non-Government organisation substantially
financed, directly or indirectly by funds
provided by the appropriate Government;
Section 2(h)

8. What does “Record” mean?
Any document
File
Any material produced by a computer or any
other device.
Sec. 2 ( i )

9. What does “Right to Information”
mean?
It means the right to access information under this Act which is
held by or under the control of any public authority and includes
the right to –
Inspection of work, documents, records;
Taking notes, extracts or certified copies of documents or
records;
Taking certified samples of material;
Obtaining information in the form of diskettes, floppies,
tapes, video cassettes or in any other electronic mode or
through printouts where such information is stored in a
computer or any device.
Sec. 2 ( j )

10. Suo moto disclosure
It is mandatory that every public authority shall
maintain records and publish the following –
All records duly catalogued and indexed in a manner
which facilitates the right to information under this
Act;
Particulars of it’s organization, functions and duties;
Powers and duties of its offices and employees;

11. Suo moto disclosure (Cont…)
Procedure followed in the decision making
process and for accountability;
Norms set by it for discharge of it’s functions;
Rules, Regulations, instructions, manuals and
records, held by it or under it’s control or used
by its employees for discharging it’s functions;
Sec 4

12. Suo moto disclosure (Cont…)
Statement of the categories of documents that are held by
it or under its control;
Particulars of any arrangement that exists for consultation
with, or representation by the members of the public in
relation to the formulation of it’s policy or implementation
thereof;
Sec 4

13. Suo moto disclosure (Cont…)
A statement of the boards, councils,
committees and other bodies….. and minutes
of the same;
A directory of it’s officers and employees;
Monthly remuneration received by each of
it’s officers and employees;
Particulars of all plans, proposed
expenditures and reports on disbursements
made;

14. Suo moto disclosure (Cont…)
Manner of execution of subsidy programmes;
Particulars of recipients of concessions,
permits or authorizations granted by it;
Details in respect of the information,
available to or held by it, reduced in an
electronic form;

15. Suo moto disclosure (Cont…)
Particulars of facilities available to citizens for
obtaining information;
Names, designations and other particular of the
Public Information Officers;
Such other information as may be prescribed
and thereafter update these publications every
year;
Provide reasons for its administrative or quasi-
judicial decisions to affected persons;
Sec 4

16. Suo moto disclosure (Cont…)
Provide as much information suo moto to the public
at regular intervals through various means of
communications…. so that the public have
minimum resort to the use of this Act to obtain
information;
Every info shall be disseminated widely and in such
form and manner which is easily accessible to the
public;
All materials shall be disseminated taking into
consideration the cost effectiveness, local language
and the most effective method of communication in
that local area and the info should be easily
accessible. Sec 4

17. Exclusions
Certain info cannot be given if :-
It affects the sovereignty and integrity of
India Sec 8 (1) (a).
It has been expressly forbidden to be
published by any Court of law Sec. 8 (1) (b).
It causes breach of privilege of the
Parliament or State Legislature Sec. 8 (1) (c).

18. Exclusions (Cont…)
Info is held in commercial confidence, trade
secrets or intellectual property. Sec. 8 (1) (d).
If info is held in fiduciary relationship, unless the
competent authority is satisfied that the larger
public interest warrants the disclosure of such
info. Sec. 8 (1) (e).
If info is received in confidence from foreign
Govt. Sec. 8 (1) (f).

19. Exclusions (Cont…)
If the info endangers the life or physical
safety of any person…. Sec. 8 (1) (g).
If it impedes the process the investigation or
apprehension or prosecution of offenders…. Sec. 8 (1) (h).
Cabinet papers including records of deliberations of the
council of Ministers, Secretaries and other officers till
decisions on it are taken….. Sec. 8 (1) (i).

20. Exclusions (Cont…)
Personal info, the disclosure of which has no
relationship to any public activity or interest,
or which would cause unwarranted invasion
of privacy of the individual … unless larger
public interest justifies the disclosure of such
info. …. Sec. 8 (1) (j).
Only info which can be denied to the
Parliament or Legislature….. Sec. 8 (1) (k).

21. Exclusions (Cont…)
If it infringes ‘copyright’. Sec. 9
Reasonable severance of information which is exempt
from disclosure. Sec. 10 (1) and Sec .10(2)
Third party information – e.g. Tax returns (unless
public interest outweighs interest of the third party )
Sec. 11 (1)

22. Important
Info should be given in the public interest if it
outweighs the harm to the protected interests or
anything contained in the Official Secrets Act or
contained in any of the exemptions of Sec. 8 (1) of RTI
Act 2005.
Sec. 8 (2).
Info should be provided on any event or matter which
has taken place 20 years before the date of RTI
Application.
Sec. 8 (3)

23. RTI Application / Appeal
system
Step 1 :-
Every Govt. Department has appointed one “Public
Information Officer (PIO)” and a higher officer called
“First Appellate Authority”.
The RTI Application should be addressed to the PIO
of that concerned Dept. to which the info relates.
The PIO is appointed to provided info on RTI
Applications.
The PIO is supposed to provide info within 30 days of
the receipt of the RTI Application.

24. RTI Application / Appeal system (Cont…)
Step 2 :-
When the applicant is not satisfied with the info provided or when
info has been denied in part or whole, then the “First Appeal” need
to be filed. It has to be addressed to “The First Appellate Authority”
of that concerned Dept. to which the info relates.
The First Appeal should be filed within 30 days from the date when
info has been received or should have been received.
The First Appellate Authority (FAA) may call the Appellant and the
PIO for a hearing. The FAA should direct the PIO to provide ASAP
and / or provide a written Order within 30 days of receipt of the
First Appeal.

25. RTI Application / Appeal system
(Cont…)
Step 3 :-
If the Appellant is not satisfied with the info then
provided or denied, then he may file a Second
Appeal with the Chief Info. Commissioner within the
90 days from the date when info has been received
or should have been received.
If still satisfactory response is not received by the
appellant, he may approach the High Court in writ
petition.

26. Examples of State Govt. Depts.
Municipal Corporation / Municipal Council
Collector
Police Dept.
Departments existing in Mantralaya
Depts. controlled / formed by the State Govt. etc.

27. Examples of Central Govt. Depts.
Railways
Airlines (Government run) / Airports etc.
Passport Offices
Banks (Private and Public)
Departments controlled / formed by the Central
Govt. etc.

28. Agencies excluded from RTI Act.
Intelligence Bureau ;
RAW ;
DRI ;
Central Economic NSG ;
Intelligence Bureau ; Assam Rifles ;
Directorate of Enforcement Special Service Bureau ;
Narcotics Control Bureau ; CID (Special Branch) –
Aviation Research Centre ; Andaman Nicobar;
Special Frontier Force ; Crime Branch Dadra &
BSF ; Nagar Haveli
CRPF ; Sp. Branch Lakshadweep
ITBP ; Police.
CISF

29. RTI Applications / Appeals
for State Govt. Depts.
Fill the RTI Application Form (i.e. Annexure A) and affix Rs.
10 Court Fee Stamp.
Take a xerox of the filled Application Form and either hand
deliver it or send it by “Copy Letter” system of a Courier Co.
so that you get a stamped and signed acknowledgement of
the same.
For filing First Appeal, fill the first Appeal Form (i.e.
Annexure B), then affix Rs. 20 Court Fee Stamp and then
follow the same procedure as in point no. 2 above.
Avoid sending the Application / Appeal by ordinary post as
far as possible.

30. RTI Applications / Appeals
for State Govt. Depts. (Cont…)
Info / First appeal Order should be received by the
appellant within 30 days of filing of First Appeal.
If info received is unsatisfactory or info is denied
then Second Appeal (Annexure C) can be filed to the
State Information Commissioner within 90 days.
Charges and other procedure for filing Second
Appeal remains the same as for First Appeal.

31. RTI Applications / Appeals for
Central Govt. Depts.
Fill the RTI Application Form (i.e. Annexure A). Either
enclose a money order or DD or Pay Order or IPO of Rs. 10
along with the application.
Take a xerox of the filled Application Form and either hand
deliver it or send it by “Copy Letter” system of a Courier
Co. so that you get a stamped and signed
acknowledgement of the same.
For filing First Appeal, fill the first Appeal Form (i.e.
Annexure B).
There is no charge for filing the First and Second Appeal.
Other procedures remain the same.

32. RTI Applications / Appeals for
Central Govt. Depts. (Cont…)
Avoid sending the Application / Appeal by ordinary
post as far as possible.
Info / First appeal Order should be received by the
appellant within 30 days of filing of First Appeal.
If info received is unsatisfactory or info is denied
then Second Appeal (Annexure C) can be filed to the
Central Information Commissioner within 90 days.

33. Penalty, Denial & Compensation
under RTI Act
PIO can be penalized by CIC/SIC only u/s 20 of the RTI Act i.e. @ Rs.
250 per day of delay or malafide denial of information. Up to a
Maximum limit of Rs. 25000/-. [Note: FAA has no jurisdiction to
impose Penalty].
Section 19(8) gives power to CIC/SIC to grant compensation to the
appellant.
Repeated and mala fide denial of information by a PIO can result in
a negative remark in his / her Annual Confidential Report (ACR).

34. Framing of Questions
Never ask questions Instead always start
like with:
what, why, when etc. Provide copy of.
Provide circulars.
Applications will get Provide minutes.
Provide samples.
dismissed straight
Provide GR.
away
Provide file noting.

35. RTI Application Form (Annexure A)
To,
Public Information Officer,
__ Department
Address.
1. Full name of the applicant : .
2. Address :
3. Subject matter of information :--
4. The period to which the information relates : From __ till __.
5. Description of the information required :
6. Whether information is required by post or in person : By Post.
7. In case by post (Ordinary, Registered or Speed) : By Registered Post.
8. Whether the applicant is below poverty line : No

36. RTI First Appeal Form (Annexure B)
To,
The First Appellate Authority,
__ Department
Address.
1. Full name of the appellant :
2. Address :
3. Particulars of the State / Central Public Information Officer :
4. Date of receipt of order appealed against (if order passed) :
5. Last date for filing the appeal :
6. The grounds for appeal :
7. Particulars of information :
8. Nature and subject matter of the information required :
9. Name of the Office or Department to which the information relates:
Encl :--
1. Copy of my RTI Application dated _________________.
2. Reply recd. from the PIO, dtd ______________, recd. by me on date___ .

37. RTI Second Appeal Form (Annexure C)
To :-
The Chief Information Commissioner,
Address
1. Full name and Address of the Appellant :-
2. Particulars of State / Central Public Information Officer :-
3. Particulars of First Appellate Authority :-
4. Date of receipt of the order appealed against :-
5. Last date of filing the appeal :-
6. The grounds of appeal :-
7. Prayer :--

38. RTI Second Appeal Form (Annexure C)
(Contd..)
8. Particulars of information :-
9. Nature and subject matter of the information required :--
10.Name of the Office or Department to which the information
relates :--
Encl. :--
Copy of my RTI Application dated________ . Ref. No. _________,
received by the PIO on date __________.
Copy of the reply received from PIO, dated_________ , received
by me on date_______.
Copy of the reply received from Appellate Authority
dtd._____------______, recd. by me on _________.

39. Charges for information
If information is received within 30 days of
filing of application then :-
Rs. 2 / page – A4/A3 paper size
Rs. 50 / CD
As per actuals for plans / samples etc.
For inspection of records – 1st Hr is free, then Rs. 5 for every
subsequent 15 mins.
For Courts - Refer Bombay High Court RTI Rules
If information is received after 30 days, no charges
are to be paid.

40. Mode of payment
For Maharashtra State
Rs. 10/- Court Fee Stamp for RTI application.
Rs. 20/- Court fee Stamp for 1st & 2nd Appeal.
For Central Public Authorities:
BC/DD/IPO in favour of “Accounts Officer” of
designated authority.
NOTE: No Fees applicable for 1st & 2nd appeals.
For Courts, Western & Central Railways
Please check respective RTI Rules.

41. Court fee stamp as RTI fees in
Maharashtra

42. Indian Postal Order [IPO]

43. Western & Central Rly. RTI fees in
Maharashtra

44. Please remember….
Right to Information Act 2005 [RTI] is a
powerful tool in the hands of the citizens; it is
up to the citizens to use it in a responsible
manner and for a bona fide purpose only.
Frivolous use or use with the intention of
harassment or personal gain will defeat the
very objectives of this Act.

45. Important links
http://tinyurl.com/4RTIForms
http://box.net/HandyRTIFormats
http://tinyurl.com/RTILandmarkOrders

46. Created by
- G. R. Vora
Special thanks to
- Mohammed Afzal,
- Sunil Ahya,
- Krishnaraj Rao.

48. Any Questions
???

49. Some tips and links for PIOs
and FAAs
Transfer the application to the concerned dept. within the
same PA or another PA (5 days should be added to the reply
time).
Sec 5(4), Sec 5(5) and Sec 6 (3)
Info should be provided ASAP (not later than 30 days).
Sec 7 (1)
Info to be provided within 48 hours if it affects life and liberty
of a person.
Sec 7 (1)

50. Tips and links….
• "If the applicant has wrongly sought info u/s 7
(1)[ i.e. under the life and liberty clause ] then
the application should be processed as a
normal RTI application and info be provided
within 30 days. The applicant should
immediately be informed of the same."

51. Tips and links….
Provide reasonable assistance to the applicant.
Sec 5 (3) and Sec 6 (1)
Provide calculation of the fees charged for providing
info.
Sec 7 (3)
Should provide reasons (by quoting appropriate
exemption clause) if info is to be denied.
Sec 7 (8) (i)

52. Tips and links …..
PIO may seek clarification by mail or e-mail or
phone
PIO and the FAA should mention the matter
provided by the Applicant under the heading
“Subject matter of information”
Reply should not pre-dated

53. Tips and links ……
PIO should promptly inform the Applicant of the
transfer and the name, designation and address of
the officer to whom it has been transferred along
with the contact details of the FAA.
If the information could not be provided to the
Applicant, then reasons should be stated.

54. Tips and links ……
The PIO should provide the name, designation and
address of the Appellate Authority in the reply to the
Applicant.
When the PIO has not provided any information without
justification, then too there is no need for the FAA to call
the Appellant and the PIO for a hearing.

55. Tips and links ……
The FAA, while providing the Order to the Appellant
should mention the designation and the contact
details of the Second Appellate Authority.
The PIO and the FAA should provide reply / Order to
the Applicant in the language in which the Applicant
has used in the Application.

56. Tips and links ……
Should provide point-wise reply;
The FAA should provide point-wise replies in the
Order;
Copies of the replies / order provided to the
applicant should be authenticated by rubber-
stamping and signing the reply / order;

57. Tips and links ……
Kindly ensure that the records are duly cataloged and
maintained so as to facilitate the easy inspection and
observation ;
Kindly ensure that the files, registers or any other
info-storage material is well protected.

58. Tips and links ……
If the file / documents sought are missing / lost or
untraceable, then ………
1. Search the file ;
2. Re-construct the file ;
3. Lodge a Police Complaint (FIR).

59. Tips and links ……
If in doubt whether to disclose info or not, then the
info should be disclosed if it is in the larger public
interest or if has to be disclosed to the Parliament or
the legislature.

60. Some useful Links :--
http://tinyurl.com/ImpSecForPIOandFAA (This link has
important Sections of RTI Act, Tips and details of
landmark RTI Orders).
http://tinyurl.com/LandmarkRTIOrders (This link has
landmark RTI Orders from SICs, CICs and Courts).
http://tinyurl.com/RTIGRsCirculars ( This link has
important GRs and Circulars from Maharashtra Govt and
Central Govt on RTI Act.)

61. Created by
- G. R. Vora
Special thanks to
- Mohammed Afzal,
- Sunil Ahya,
- Krishnaraj Rao.

63. Any Questions
???