Filing RTI application

Overview: RTI Act allows the citizens to seek information from the government. It also allows to seek information from public authorities and is step in increasing transparency.

 

Purpose: the right to information act covers government instrumentalities and public authorities, private bodies are not covered by it.

 

Areas of Application of Law: Right to Information Act, 2005

 

Process: Any citizen of India, under this act can seek information,  through making an application in writing in English/Hindi/the official language of the area in which the application is being made  by giving the application along with the prescribed fee to the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority or the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be. All public authorities have designated public information officers whose details are available on their respective websites.

 

The specific particulars of the information sought must be given in the application. No reasons of seeking the information are necessary to be given in the application. A pay order of Rs. 10 is generally sent as fee with the application. Where fees is not paid, the application is invalid. Persons below poverty line are exempted from such payment however, proof needs to be provided.  This application can be posted by registered post or delivered personally. A copy with receiving or proof of posting along with a copy of the application must be retained by the person seeking the information. Information concerning the life and liberty of a person has to be given in 48 hours.

The application if rejected has to be rejected within 30 days along with reasons.       

 

There is some information which is exempted from the purview of this act. This includes:

Information whose disclosure would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; information received in confidence from foreign Government; information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes etc..

Documents required to be submitted in the court if any: NA

 

Punishment/Expected Relief: requisite information from the authority

 

Landmark Judgements: RTI portal i.e. (www.rti.gov.in) can be visited

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