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 Commonwealth Human Rights Initiative
The Commonweal th Human Rights Initiative (CHRI) is an independent, non-partisan, international non-governmental
organ isation, mandated t o ensure the practical reali sation of human rights in the countries of the C ommonwealt h. In
1987, several Commonwealth professional associations founded CHRI. They beli eved that while th e Commonwealth
provided member coun tries a shared set of val ues and legal principles f rom which to work and provided a forum within
which to promote human rights, t here was little focus on t he issues of human rights within the Commonwealth.

The objectives of CHRI are to promote awareness of and adh erence to the Comm onwealth Harare P rinciples, the
Universal Decl aration of Human Ri ghts and other int ernationally recognised hum an rights instrumen ts, as well as
domestic instruments supporting h uman righ ts in Com monwealth member st ates.

Throu gh its reports an d periodi c investi gations, CHRI cont inually draws att ention to progress and set backs to human
right s in Comm onwealth countries. In adv ocating f or approaches and measures to prevent human rights abuses,
CHRI addresses the Comm onwealth Secretariat, member govern ments and civil society association s. Through its
publi c educati on programmes, pol icy dialogues, com parative research, advocacy and networking, C HRI’s approach
throu ghout is to act as a catal yst aroun d its priority issues.
The nature of CHRI’s sponsoring organisations* allows for a national presence and an international network. These
professionals can also steer public policy by incorporating human rights norms into their own work and act as a conduit
to disseminate human rights information, standards and practices. These groups also bring local knowledge, can access
policy makers, highlight issues, and act in concert to promote human rights.

CHRI is based in New Delhi, Indi a, and has offices in London , UK, and Accra, Ghana.

I n t ern at i on al A dv i sory C om m i t t ee: Sam Okudzeto - Chairperson. Members: Eunice Brookman- Amissah, Murray
Burt, Jean Corston, Alison Duxbury, Neville Linton B.G. Verghese, Zohra Yusuf and Maja Daru wala.

E xecu t i v e C om m i t t ee: (Indi a) B.G. Verghese - Chairperson; Members : Anu Aga, B.K. Chandrashekar, Bhagwan
Das, Ni tin Desai, K.S. Dhillon, Harivansh, Sanjoy Hazarika, Poonam Muttreja, Ruma Pal, R.V. Pillai, Moolchand
Sharma and Maja Daruwala - Director.

E xecu t i v e C om m i t t ee: (Ghana) Sam Okudzeto - Chairperson. Membe rs : Anna Bossman, B.G. Verghese and
Maja Daruwal a - Director

E xecu t i v e C om m i t t ee : (UK) Nevill e Linton - Chairperson. Membe rs : Au stin D avis, Meenakshi Dh ar, Derek
Ingram, Claire Martin, Lindsay Ross and El izabeth Smith.
* Com monwealth Journalists Asso ciation, Commonwealth Lawye rs Assoc iation, Commonwealth Legal Educatio n Association,
Commo nwealth Parliamentary Asso ciation, Commonwealth Press Union and Commonwealth Broadcasting Association.
We are grateful to Rashmi Jalota, Alison Ryan and Sohini Paul for all assistance provided.

Design & Layout : Print World, Pri nted by : Print World : 9810185402 New Delhi
ISBN
© CHR I Human R ights Ini tiative, 2007 Material from this report may be used, duly acknowledging the source.
Commonwealth Human Rights Initiative

CHRI New Delhi Office CHRI London Office CHRI Accra Of fice
B-117 , First Floor Institute of Commonwe alth Studies H.No. 9 , Samora Mache l Street Asylum Down,
Sarvo daya Enc lave 28, Russell S quare Oppos ite Beverly Hills H otel,
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Website: www.humanrightsinitiative.org
 Your Guide to
Using
The Right to Information Act 2005
(Revised Edition)

Author
Mandakini Devasher

Editor
Charmaine Rodrigues

Contributor
Venkatesh Nayak

Commonwealth Human Rights Initiative

September 2007
This User’s Guide and the accompanying research and
dissemination have been made possible with the financial
support of the British High Commission, New Delhi.
 Table of Contents

Table of Contents
Introduct ion............. ................. ................ ................. ................ ......... 1
Part 1: W hat is the “ Ri ght to Informat ion” ? .......... ............... ............... ........ 3
Part 2: How can the Ri ght to Informa tion Act help m e? ............ .............. ........ 4
Part 3: W ho can I get i nformation from ? .............. ............... ............... ........ 6
What bodies are covered?.................................................................................. 6
Who do I approach within the body holding the information?.................................... 7
Part 4: W hat information can I get? .... ............... ................ ............... ........ 9
What information is accessible?........................................................................... 9
Is there any information which is not accessible?..................................................... 10
Part 5: W hat informati on must be pro activ ely publi shed? ......... .............. ........ 13
Information that promotes participation and oversight............................................... 13
Information that promotes accountable decision-making........................................... 15
Part 6: How do I reques t information? . ................ ............... ............... ........ 16
Step 1: Identify the public authority which holds the information................................. 16
Step 2: Identify to whom to submit your application within the public authority ?............ 17
Step 3: Draft a clearly focused application.............................................................. 17
Step 4: Submit your application........................................................................... 18
Step 5: Wait for a decision.................................................................................. 21
Flow Chart 1: Application Process.............................................................. 22
Part 7: How is a deci sion made on m y application? . .............. .............. ........23
What if the PIO approves my application? ........................................................... 24
What if the PIO rejects my application?................................................................ 26
Part 8: W hat if I do no t get the info rmation I reque sted? .......... .............. ........28
Option 1 – Make an appeal............................................................................... 29
First appeal to the Appellate Authority......................................................... 29
Second appeal to the Information Commission............................................. 31
Option 2 – Make a complaint............................................................................. 35
Option 3 – Appeal to the courts........................................................................... 37
Flow Chart 2: Appeal Process................................................................... 38
Part 9: How can I help promote the R ight to Inform ation? ........ .............. ........ 39
Annex ures
Annex 1: Right to Information Act 2005................................................................. 44
Annex 2: Fee Rules – Comparative Table............................................................... 71
Annex 3: Appeal Rules....................................................................................... 80
Annex 4: Information Commissions - Contact details............................................... 81
Annex 5: Resources and links.............................................................................. 84
 The Right to Information -
Giving power back to the people!
Ensuring free education for children in Gujarat1
Students attending a school run by a private trust in Kalol taluka, Panchamahals district in
Gujarat were being forced by their teachers to pay fees, even though the school received financial
support from the Gujarat Government and was not supposed to collect any fees from students.
Aslambhai, a resident of Kalol taluka used the RTI Act to ask the Principal of the school for
copies of the circulars or Government Orders which permitted the school to collect fees. Following
the RTI application, the Principal admitted in writing that the school did not have any authority to
collect any fees except for computer classes which the trust had begun at its own expense. Today,
the students of this school are happy because their teachers are no longer demanding any fees
from them.

Exposing massive expenditure of State funds by MP s in West Bengal2

Mr Tathagata Roy, State President of the Bharatiya Janta Party, made an RTI application requesting
information from the West Bengal Government on the amount of money spent on foreign trips of
MPs. Responding to his request, the State Government revealed that large amounts of money
from State funds were being used to finance the trips. For example, between 1987 - 2000, the
State Government spent Rs 18,25,600 on the foreign trips of the then Chief Minister and between
2001 - 05, the State Government spent Rs 4,60,722 on the foreign trips of the Chief Minister.
The RTI Act is a powerful tool to hold elected representatives accountable for the manner in
which they spend public funds.

RTI unveils car registration racket in Chandigarh3

Captain A. N. Chopra (Retd), an insurance investigator, gathered evidence using the RTI Act to
prove that a car insurance racket was being run by officials in the Registration and Licensing
Authority (RLA) and second-hand car dealers in Chandigarh. Chopra’s investigation began
when the case for an insurance claim for a car accident arrived on his desk. In his investigation,
Chopra found that the original Registration Certificate (RC) and the one provided to the claimant,
Mr Natwar, when he bought his second hand car, did not match. Using the RTI Act, Mr Chopra
applied to the RLA for the complete file of the case. The records showed that in the vehicle’s RC,
the year of manufacture had been changed from 1996 to 2000 and consequently the buyer, Mr
Natwar, was made to pay an extra Rs 50,000 pocketed by the dealer and some RLA officials.

1
Venkatesh Nayak (2006) “Freeing Up Education for Children”, CHRI unpubl ished.
2
Staff reporter (2006) “Jyoti Basus 14 Foreign Trips Cost State Rs 18 lakh Only”, The Statesman, 27
Januar y.
3
Rohit Mulli ck (2005) “Insurance Man Gets i nto Act, Exposes Racket”, Indi an Expr ess - C handigarh
Newsli ne, 12 December: http://cities.expressindi a.com/full story.php?newsid=161082 as on 20 March
2006.
 Introduction

Introduction
Participation in governance is at the heart of any successful democracy. As citizens, we
need to participate not only at the time of elections but on a day-to-day basis - when
decisions on policy, laws and schemes are being made and projects and activities are
being implemented. Public involvement not only enhances the quality of governance but
also promotes transparency and accountability in government functioning. But in reality
how can citizens take part in governance? How can the public understand how decisions
are being made? How can ordinary people find out how tax money is being spent, if
public schemes are being properly run or whether the government is acting honestly and
fairly when it makes decisions? How can government servants be made answerable to the
public they are supposed to serve?

One way of participating is by exercising the right to access information from bodies
which spend public money or perform public services. Following the enactment of the
Right to Information Act 2005 (RTI Act) in May 2005, all citizens of India now have the
RIGHT to access information. The RTI Act recognises that in a democracy like India, all
information held by government ultimately belongs to the people. Making information
available to citizens is simply a part of normal government functioning because the public
have a right to know what public officials do with their money and in their name.

The RTI Act recognises that the sharing of information by government with citizens is
healthy and beneficial to the functioning of democracy. Secrecy should become a thing of
the past; under the RTI Act, no citizen can now be denied information that elected
representatives such as MLAs and MPs can get from the government. The new law covers
not only public authorities at the Centre but also all the States4 and local self-governing
bodies. This means that citizens in every village, district, town or city across India can
demand access to information held by public bodies.

To date, secrecy has characterised the functioning of all government bodies in India, but
with the RTI Act, the tide has started to turn. Where the Officials Secret Act 1923 made the
disclosure of information a punishable offence, the RTI Act now requires openness in
government. Giving out government held information to the public used to be a rare
4
Except Jammu and Kashmir, because of its special constitutional status. Jammu and Kashmir has its own state
Right to Information Act 2004, model led on the previous nati onal Freedo m of Infor mation Act 2002. The
people of Jammu and Kashmi r can seek informatio n from the State Government under the State Act, but they
can still use the RTI Act 2005 to access infor mation from the Centr al Government in rel ation to C entral
Gover nment publ ic authori ties.

1
exception, usually at the whim of officers within a public authority, but now the RTI Act
gives all citizens the right to ask questions - and demand answers - about governance and
development issues that affect their lives. The Act makes it much more difficult for officials
to cover up their corrupt practices. Access to information will help expose poor policy-
making which will contribute to reviving the political, economic and social development
of India.

The campaign for the Right to Information

Grassroots organisations and civil society groups have campaigned for an effective
national right to information law since the 1990’s. However, it was only in 2002 that
the Central Government finally took a step forward, passing the Freedom of Information
Act 2002 (FOI Act). Unfortunately, the Act was never brought into force and people
were never able to exercise their rights under the new law. In 2004, however, the newly
elected United Progressive Alliance (UPA) Government promised to make the right to
information more ”progressive, participatory and meaningful”. The National Advisory
Council (NAC) was set up to oversee the UPA Government’s promise and included key
figures in the National Campaign for People’s Right to Information (NCPRI).
In August 2004, based on submissions made by the NCPRI, CHRI and other civil
society groups, the NAC submitted a set of recommendations to the Government for
amending the FOI Act. Drawing heavily on the NAC’s recommendations, in December
2004, the Right to Information Bill 2004 was tabled by the Government in Parliament.
The Bill was finally passed by the Lok Sabha on 11 May 2005 and moved successfully
through the Rajya Sabha on 12 May 2005. The Right To Information Act 2005 received
Presidential assent on 15 June 2005. Some provisions requiring the setting up of a
country-wide system to give citizens access to information came into force immediately.
The RTI Act became fully operational on 12 October 2005.

One of the surest ways of ensuring that the RTI Act is properly implemented and serves its
purpose of making the government more responsive, is for all of us to use it frequently
responsibly and effectively. It is with this aim in mind that CHRI has developed this User’s
Guide. The User’s Guide aims to explain:
(a) who is covered by the Act;
(b) what information is accessible under the Act;
(c) how information can be accessed in practice;
(d) what options people have if they are not given the information they want; and
(e) how people can get involved and ensure the Act is implemented effectively to
make the government more accountable, efficient and responsive.

2
 Overview of the Right

Part 1: What is the

“Right To Information”?
The right to information is a fundamental human right which is made up of different rights
and responsibilities, namely:
 Every person’s RIGHT to request information from the government - and even
private bodies in some cases;
 The DUTY on the government to provide the requested information, unless
defined exemptions apply; and
 The DUTY on the government to proactively disclose information that is of general
public interest without the need for requests from citizens.

The Constitution of India does not specifically mention the right to information, but it has
long been recognised by the Supreme Court of India as a fundamental right necessary for
democratic functioning. Specifically, the Supreme Court has recognised the right to
information as an integral part of the right to freedom of speech and expression guaranteed
by the Constitution (Article 19) and a necessary part of the right to life (Article 21).5

The right to access information reflects the fact that government information belongs to the
people, not the public body that holds it. Information is not ‘owned’ by any department or
by the government of the day. Rather, information is generated with public money by public
servants, paid out of public funds and is held in trust for the people. This means you have
the right to access information about governments’ actions, decisions, policies, decision-
making processes and even information held by private bodies or individuals in some cases.

The right to information is not absolute. Some information may be held back where giving
out the information would harm key interests which need to be protected. For example,
information about troop deployment during a war or advice regarding national economic
policies prior to their publication, are instances where it may be valid for officials to not
disclose information, at least until a certain sensitive period has passed. Nonetheless, the
key question will always remain: is it in the public interest to disclose information rather than
withhold it?

5
Bennett Coleman & Co. v Union of India, AIR 1973 SC 783, dissenting judgment of Justice KK Matthew; State
of UP v Raj Narain, AIR 1975 SC 865; SP Gupta v Union of India, AIR 1982 SC 149; Indian Express Newspapers
(Bombay) Pvt Ltd v India (1985) 1 SCC 641; DK Basu v State of West Bengal (1997) 1 SCC 216; Reliance
Petrochemicals Ltd v Proprietors of Indian Express Newspapers Bombay Pvt Ltd, AIR 1989 SC 190.

3
 Part 2: How can the Right to
Information Act help me?
You can use the RTI Act to take the initiative in making sure that the government provides
you with the services you are entitled to and the rights and benefits that are your due as a
citizen of India. However, the RTI Act is not a solution in itself; it is a first step. For example,
using the RTI Act may not get you a new electricity or water metre connection, but it can
help you find out who is responsible for taking action on your application, what progress
has been made, how soon you should have gotten the connection under the service
norms of the department concerned and why action has been delayed in your case.

Jan sunwai on public works brings transparency6

In 2002, Parivartan, a Delhi based NGO, used the Delhi Right to Information Act 2001
to get copies of contracts for public works in two resettlement colonies in East Delhi,
which they then used to conduct a social audit of 68 public works with alarming
results. The social audit revealed massive corruption. Most of the public works existed
on paper but not in reality. For example, under 10 contracts, 29 handpumps with
electric motors were supposed to be installed, but residents of the area reported that
only 14 handpumps were installed. Out of a total of 253 iron gratings scheduled to
be installed on street drains for which payments were made, only 30 iron gratings
were actually installed.? Parivartan’s investigations into the 68 public works, worth Rs
1.3 crores, found that items worth Rs 70 lakhs were missing.
With this information in hand, Parivartan met the Chief Minister, Chief Secretary, Secretary
(Administrative Reforms) of Delhi and the Commissioner of the Municipal Corporation
of Delhi demanding that the guilty be punished. In May 2004, responding to a petition
filed by Parivartan, the Delhi High Court directed the Delhi Police to investigate the
corruption allegations. In response, the Municipal Councillor of the Seemapuri area
approached Parivartan offering total transparency in the execution of all civil works
carried out in the area. The Executive Engineer was directed to provide copies of
estimates and sketches before beginning any work and to allow inspection after
completion. The Councillor offered to let the public and Parivartan find faults with the
works and said that payments would not be made for any work till the objections made
by the people were settled.

6
Par i var tan (2002) “Pari var tan C onducts Fi r st Ur ban Jan Sunw ai ”: http: //w w w.par i var tan.com/
jansunwais.as p#Parivar tan%20co nducts%20first%20Urban%20Jansunwai as on 20 March 2006.

4
 Usefulness of the Right

In many instances the use of the right to information has worked magic: connections
delayed for months on end have been provided within less than a week; badly constructed
roads have been paved within ten days; garbage not cleared for months is removed every
morning and much more. The very thought of having to answer citizens’ queries has
begun to put the fear of law in the minds of many government officers. Many problems
are being sorted out through the intelligent use of the right to information. For example:
 People holding ration cards can check the stocks and sales registers held by
ration card dealers and the food department to make sure that they are
getting their proper amount of rations and that rations are not being
siphoned off in their name;
 Parents can ask for details of grants made to government-aided schools to
ensure that funds are being spent properly, or can check that admissions are
not being bought through bribes or that funds meant for education are not
being diverted for other purposes;
 Owners of small businesses can find out the basis on which licences and/or
tax concessions and subsidies are granted by government and who the
beneficiaries are. They can also check that the government is granting
licences/concessions/subsidies on the basis of properly applied criteria;
 Unemployed people can ask about the criteria for giving government jobs or
the status of their application and position in the waitlist;
 People can check on the progress of their applications for government
services, eg. by checking the status of an application for an electricity or
water connection, including which officers have handled the file, over what
period of time and what action was taken.

As a community-minded person, you may want to find out information about issues of
public importance and try to get the government to address problems. For example, you
can find out:
 How many deaths have occurred in a government hospital and for what
reasons or what the shortfall of doctors and nurses is compared with
sanctioned staff;
 The daily attendance of teachers in government schools;
 How many people are being housed in local jails compared with the
sanctioned capacity of the jail;
 How often inspectors visit factories and other manufacturing units to check
that they are not illegally releasing hazardous materials into the environment;
 How many contractors have been blacklisted by the municipal authorities and of
the blacklisted how many have been given contracts for executing public works.

5
 PART 3: From whom can I get information?
The RTI Act applies to the whole country, across all the States and Union Territories (except the
state of Jammu and Kashmir which is not covered because of its special status under Article
370 of the Constitution).7 The RTI Act specifically spells out the government bodies from which
you can and cannot get information. It even requires that bodies covered by the Act nominate
specific officers who will be responsible for receiving and processing your requests.

What bodies are covered?

The RTI Act gives you the right to access to information held by “public authorities”.8
Public authorities include bodies which are:
 Established or constituted by the Constitution;
 Established or constituted by a law of Parliament or a State Legislature;
 Established or constituted by a notification or order of the State or Central
Governments;
 Owned, controlled or substantially financed by the State or Central Governments,
including non-government organisations which receive substantial government funds.

The definition of “public authorities” is deliberately broad because it is essential that as

many bodies as possible are brought within the scope of the law. In effect, all administrative
levels of government are covered. This means that people can ask for information from
any and all Panchayats - Zila Parishads, Samitis/Mandal/Janpad Panchayats and Gram
Panchayats - municipalities, block development offices, sub-divisional offices, the District
Collector/Deputy Commissioner’s office, all government departments at the Secretariat
level, the armed forces, schools and colleges which are established, run and/or funded
by the government, universities, public sector banks and public sector enterprises.

It is a notable feature of the Act that it also covers non-government organisations, which
are substantially financed by government funds. This means, that where public monies
are given to a private organisation, that organisation should be open to scrutiny from the
public. In practice, privately aided schools, colleges, hospitals or any charitable organisation
implementing government schemes, such as the midday meals programme, will be required
to disclose information under the RTI Act.

7
See above no te 4.
8
Section 2(h), Right to Information Act 2005 (her eafter all section r eferences refer to the Right to Information
Act 2 005 unles s otherwi se specified).

6
 Bodies covered by the Act

Some organisations are not covered 9

Unfortunately, there are still some organisations which are not completely covered by
the RTI Act. The Act specifically lists 18 Central security and intelligence organisations
which are not required to provide information and empowers States to exempt similar
organisations under their control. However, the Act does at least require that these
agencies supply information which is requested regarding allegations of corruption
and human rights violations. Information about allegations of human rights violations
will only be provided with the approval of the relevant Information Commission within
45 days from the date of the receipt of the request.

Who do I approach within the body holding the

information?
Ideally, anyone within a public authority should assist you in submitting your application.
However, to make sure that there is a clear contact point for the public, the RTI Act
designates two different types of officials to handle requests in public authorities: Public
Information Officers (PIOs) and Assistant Public Information Officers (APIOs).

 Public Information Officers: PIOs must be designated in all administrative

units or offices, at the Central, State and local administration levels. PIOs are responsible
for receiving and processing applications.10 They also have a duty to assist requesters
who are having trouble making their applications. The names of PIOs have to be
prominently displayed on notice boards at all offices and on their websites.

 Assistant Public Information Officers: The Act also requires public authorities
to designate Assistant PIOs at the sub-district or sub-divisional level, to forward
applications to the relevant PIO located at higher levels. This system has been put in
place so that people in outlying areas, far away from government headquarters, will
have less difficulty in submitting and following up their applications. The APIO has a
duty to forward the application to the PIO within five days of receipt. APIOs are not
responsible for actually giving you the information because that is the primary
responsibility of the PIO.11 However, if the information is easily accessible, they should
log your application and provide the information to you as soon as possible.

9
Secti on 24.
10
Sectio n 5(1).
11
Sectio n 5(2).

7
 PIOs should not make you run around to submit an application

In some government ministries/departments, multiple PIOs have been appointed to

handle and process applications. This has been quite confusing for requesters because
the PIOs have often forced them to run around from one PIO to the next, until they find
“the right one”. For example, the Delhi Development Authority (DDA) has appointed
close to 40 PIOs, assigning each PIO a specific subject/jurisdiction. As a result,
requestors have been forced to file multiple requests or pay excessive fees if the
information spanned more than one PIO’s jurisdiction. This is NOT permitted under
the Act. In a recent case, the Central Information Commission confirmed that this
approach was wrong, directing the DDA to ensure that its PIOs accept ALL applications,
irrespective of whether or not the application falls within their specific subject/
jurisdiction.12 Ideally, public authorities could also develop a “single window ” for
applications, where one PIO at the front of the office will receive applications, even if
multiple PIOs will process them.

The Central Government has designated APIOs in the Postal Department offices across
the country, to forward applications related to all Central Government matters and forward
these on to the relevant PIOs in different departments. For a full list of Central APIOs
within the Postal Department log on to the official RTI website of the Ministry of Personnel,
Public Grievances and Pensions at http://righttoinformation.gov.in.

12
Centr al Information Commis sion (2006) Appeal No. 10/1/2005-CIC, 25 February: www.cic.nic.in as on
20 March 2006.

8
 Information covered by the Act

PART 4: What information can I get?

The RTI Act promotes the maximum disclosure of information. In practice, this means you
can get most information that is held by public authorities, subject to a few exceptions,
which are designed to protect sensitive information from being released, where its release
would cause more harm than public good.

What information is accessible?

The RTI Act allows you access to a wide range of information held by public authorities in
different forms. For example, you can use the Act to get hold of records, manuscripts,
files, file notings, microfilm, microfiche, facsimiles, documents, memos, emails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models, data which is in electronic form, any material produced by a computer or any
other device, and even information relating to a private body which a public authority can
get under an existing law.13

Under the RTI Act, you have the:

Right to Inspect Records or Works
You can ask to inspect any work, document or record in person. For example, you
can ask to physically inspect the construction of a bridge or installation of a handpump
to make sure that the work is being undertaken according to proper service standards
or you can examine government files as one way of keeping down costs so that you
decide what papers you want and then ask only for copies of those you want;14
Right to Certified Copies
You can get certified copies or extracts of documents or records and can even ask
to take notes from documents and records;15
Right to Get Samples or Models
You can ask for certified samples of materials or models. For example, you can
ask for a sample of the road being built in front of your house so that you can
check whether proper materials are being used in accordance with the contract;16

13
Secti on 2(f) and 2(i)
14
Section 2(j)(i).
15
Section 2(j)(ii).
16
Section 2(j)(iii).

9
 Right to Get Information in Electronic Form
You have the right to get information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic form or through printouts. The Act has
been drafted broadly enough so that even information held in new types of
technology will be covered.17

You can access information about private companies from public authorities
Apart from getting information from public authorities under the Act, you can also
request information from a public authority which relates to a private body if the public
authority can access that information under an existing law. For example, industries
are required by the Ministry of Environment and Forests to submit “Environmental
Statements” (ES) to the State Pollution Control Boards (SPCBs). These statements are
used to determine the efforts made by an industry to minimise pollution and conserve
resources. You can use the RTI Act to access these statements. The point of this provision
is that public authorities should not be able to reject your request just because they
have not done their duty under the law. If they should have collected the information by
law, then under the RTI Act they are required to go out and retrieve the information -
and then pass it on to you. Ideally, this will mean that they must also act on the
information they collect.

Is there any information which is not accessible?

Though the RTI Act gives you the right to access a very broad range of information, there
are still situations wherein you may not be able to get access to information because it is
very sensitive. Such information is “exempt” from being given to you by the government,
on the basis that making it public would cause more harm than good to the public. The
RTI Act spells out specific cases where information can legitimately be denied to you,18
namely if:
(a) disclosure would harm national security, scientific or economic interests of India
or relations with a foreign State or lead to the incitement of an offence;
(b) any court of law or tribunal has forbidden the information from being published
or the release would constitute a contempt of court;
(c) disclosure would cause a breach of privilege of Parliament or the State Legislature;
(d) the information is confidential commercial information, trade secrets or intellectual
property or giving it out would harm the competitive position of a third party

17
Section 2(j)(iv).
18
Secti ons 8(1) and 9.

10
 Information covered by the Act

(such as the company that provided it to the public authority);

(e) the information is available to a person because he has a fiduciary relationship
with another person (such as a doctor/patient or lawyer/client relationship);
(f) the information has been given by a foreign government in confidence;
(g) disclosure would endanger the life or physical safety of a person;
(h) disclosure would impede the process of criminal investigation or apprehension
or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers, although information should be released after a
decision is made;
(j) the information requested is personal information, the giving out of which has
nothing to do with any public activity, or which would cause an unwarranted
invasion of the privacy of the individual;
(k) disclosure would infringe the copyright of a body other than the State.

These exemptions are not absolute. Even where the information you have requested is
covered by an exemption, if the public interest in disclosure outweighs the harm against
which the exemptions are protecting, then it should still be released. This is known as the
“public interest override” and it applies to all categories of exempt information.19 For
example, in the past, access to copies of defence contracts between the Government of
India and foreign companies was denied under the pretext of protecting the national and
security interests of the country. However, if there are allegations of payment of kickbacks
and undue influence exerted by middlemen to secure these contracts, there is a greater
public interest in knowing the details of the contract. Taxpayers have a right to know
whether the country got value for money spent, whether the best quality equipment was
selected or not, and whether bribes were paid to crucial people in the decision making
process. This information cannot be denied using the exemption for security and strategic
interests provided in the Act because there is a greater public interest in disclosing it.

Information Parliament can get, you can get too

The guiding principle that determines information access under the RTI Act is that any
information which cannot be denied to the Parliament or a State Legislature cannot be
denied to you.20 So, even where an exemption applies, if that information has to be
given to the Parliament or the State Legislature, then it has to be given to you.

19
Secti on 8(2). See the box on page 26 for further discussi on on the “public interest over ride”.
20
Sectio n 8(1).

11
In any case, exempt information, like most other things, has a shelf life and will not be
exempt forever. Sometimes, once a bit of time has passed, releasing the information will
no longer cause any kind of harm. For example, national economic information which
could affect India’s international financial standing today may not be sensitive 10 or 20
years down the track. The RTI Act allows you to request information about any event,
occurrence or matter after 20 years, even though at one time or another it may have been
covered by one or more exemptions.21

21
Sectio n 8(3).

12
 Proactive Disclosure

PART 5: What information must be

proactively published?
The RTI Act requires all public authorities covered under the law to publish suo moto or
proactively a wide range of information on their own, even if no one has specifically
requested it. This is a key provision because it recognises that some information is so
useful and important to the community at large, that it should be given out regularly,
without anyone specifically requesting it. More broadly, it recognises that transparency is
generally in the public interest and that public authorities should therefore strive to make
as much information public as possible.

Information that promotes participation and oversight

Section 4 of the RTI Act requires all public authorities to routinely publish 17 categories of
information,22 which should be updated regularly.23 This ensures that citizens always have
access to authentic, useful and relevant information. The information to be published falls
under the following general areas:

Structure of the organisation - Its functions and duties, powers and duties of its officers,
a directory of its employees, monthly renumeration received by each employee.

For example: The organisational chart of the organisation, names of the officers
in charge of departments, the functions and powers of each and every officer
employed and the salary they receive.

Process of functioning - The procedures followed in decision-making, norms, rules

and regulations, categories of documents held by the public authority.

For example: Government Regulations on how ration cards are issued, old age
pensions schemes are administered or visas are provided. In fact the very laws,
rules, internal orders, memos and circulars that guide the day-to-day functioning
of public authorities.

22
Sectio n 4(1).
23
Sectio n 4(2).

13
 Financial details and schemes relating to the organisation - The budget for
all authorities (including the schemes and activities they manage and any reports
regarding implementation) the manner of execution of subsidy programmes (including
funds allocated and the details of beneficiaries of such programmes) plus particulars
of recipients of all concessions, permits or authorisations granted by the office.

For example: Expenditure estimates, details of grants and funds received by the
public authorities, lists of people below the poverty line (BPL), regular updates
on the administration of rural development schemes, details of the beneficiaries
under the Employment Guarantee Scheme, recipients of industrial licences, and
budget documents for panchayats.

Details of consultative arrangements - Opportunities for people to get involved in the

formulation of policies or their implementation, as well as a statement of government
boards, committees, councils and advisory groups.

For example: Committees of Panchayats and municipalities to deal with specific

issues, parliamentary committees, boards of inquiry, departmental purchase
committees, departmental promotion committees or technical advisory bodies.

Details related to accessing information - A list of all the categories of documents

available in an office, details of information available/held in electronic form, facilities
available to citizens to access information, and the names and designations of Public
Information Officers.

For example: Days and timings of public dealings, timings of libraries and reading
rooms, and contact names for all officials working to administer the RTI Act.

Already, a number of public authorities at the Central and State Government levels have
published Section 4 information on their websites and through various other means. You
can access the proactive disclosure statements of ministries/departments under the Central
or state governments by logging on to the RTI Portal developed by the Government of
India at http://www.rti.gov.in.

Public authorities need to make sure that all Section 4 information gets widely disseminated.
It is not enough to just collect it all and keep it on file. It needs to be published widely and
in forms which make it accessible to ordinary people - for example, by posting the
information on office notice boards, publishing it in newspapers, uploading it onto

14
 Proactive Disclosure

government websites, making public announcements and making sure that it is published
in the local language of the area.24 At a minimum, every PIO has to have the information
available in the form of a document or on a computer where it can be produced for ready
inspection or given out immediately if requested as a printout or photocopy instantly.25

Information that promotes accountable decision-

making
The government regularly develops policies, projects and schemes that affect the public.
The RTI Act requires that all public authorities also publish all relevant facts when formulating
policies or announcing decisions. This means that citizens can more actively engage in
the policy process and can more effectively scrutinise whether decisions made were soundly
based.26 This would include, for example, publishing details of any plans relating to the
acquisition of private lands for constructing dams or power projects, or the development
of new poverty alleviation policies and schemes.

Public authorities now also have to give the reasons for their decisions to all people who
will be affected by them.27 For example, if a decision has been made to withdraw the
benefits given to a citizen under a welfare scheme, then the public authority taking the
decision should specifically write to the affected person to explain the reasons for doing
so. In any case, the decision should be published so that all members of the public can
scrutinise whether decisions are being made properly.

You have no application fee or long wait for Section 4 information!

The RTI Act envisages that proactive disclosure information will be widely published for
free by the government. No specific application needs to be made and no application
fee paid. Because it is not treated as an application, you do not need to wait 30 days
to get the information. The information should be given to you immediately. At most,
you may be charged for the cost of any copies you may ask for, but inspection should
be free. If a public authority asks you to submit an application with a fee, you should
ask them to check with the Central and State Information Commissions, who will be
sure to confirm that you do not have to file an application.

24
Sections 4(2), (3) and (4).
25
Sectio n 4(4).
26
Section 4(1)(c).
27
Section 4(1)(d).

15
 PART 6: How do I request information?
If you want access to specific information not proactively disclosed by the government, for
example, if you want to know how your MP is spending his/her MP Local Area Development
fund, how much money is sanctioned for road and drain maintenance in your
neighbourhood or you want to see a copy of the contract for the refurbishment of a
ministry’s offices, the RTI Act gives you the right to make a specific written request for
information to a public authority. 28

Step 1: Identify the public authority which holds the

information
The first thing you will need to do is identify which public authority holds the information
you want. If you are not certain who that is, make a list of the possible public authorities
who you think might deal with the information and then consider the one most likely to
have it. You do not need to be too worried about getting it wrong, because the RTI Act
requires that even if the office to which you submit your application does not have the
information you have requested, they should not return the application, but instead are
under a duty to transfer the application to the relevant public authority within five days.29
If your application is transferred, the first public authority must inform you of the transfer
in writing. The second public authority then becomes responsible for providing you with
the information you have requested within the original 30 day period.

For example: If you want to know how much money was allocated to construct a by-
lane in your colony/neighbourhood, you would need to submit an application to the
local municipal corporation responsible for roads and public works in your area. Or if
you want to know about the progress of your application for a new electricity connection
then you need to apply to the electricity department. Or if you want to know details of
the kinds of free health services available free at primary health care centres, then you
would need to submit an application to the health department.

28
Sectio n 6(1).
29
Sectio n 6(3).

16
 Appli cation Process

Step 2: Identify who to submit your application to

within the public authority
Once you have identified the public authority that holds the information you want, you will
need to decide who to submit the application to. You should be able to get a list of Public
Information Officers (PIOs) and Assistant Public Information Officers (APIOs) appointed
in each department from the relevant department website or by contacting the department
directly and asking them for guidance.30 You should note though, that if you submit your
application to an APIO, then the time limits for a response to your application increase
from 30 days to 35 days. The RTI Act requires that every department must maintain a list
of its PIOs and APIOs in electronic or in printed form.

Although it is the duty of EVERY public authority covered under the RTI Act to designate
PIOs to receive and process applications, in practice it has been reported that some
public authorities have yet to designate PIOs and are refusing applications for information
on that basis. If this happens to you, you can directly complain to the Central Information
Commission or State Information Commission as the case may be and demand the
appointment of PIOs (see Part 8 for more details). The Information Commissions have the
power to require the appointment of Central or State Public Information Officers.31

Step 3: Draft a clearly focused application

You can make a written or electronic application in English, Hindi or in the official language
of your area.32 When writing out your application, it is important that you draft your
request in a clear and concise way. It is absolutely essential that you make your request as
specific as possible so that you get the information you want and avoid getting loads of
documents you do not want and for which you may have to pay for. It is important to draft
your application in specific terms so that the PIO cannot return it on the grounds that it
was too vague or difficult to understand.

30
Alter natively, log on to the offici al RTI Por tal develo ped by the Government of India for links to the li sts of
PIOs and APIOs appointed at the Centre and in the States: http://www.rti.go v.in as on 20 March 2006.
31
Secti on 19(8)(a)(ii).
32
Sectio n 6(1).

17
 You do not need to explain why you want information
The Act makes it very clear that there is no need for you to give reasons for why you
want a particular piece of information.33 You can request any kind of information without
saying why or for what purpose you want the information in your application. This
reflects the fact that the right to information is YOUR right, and you do not need to
justify your request. Secrecy is now what needs to be justified.

The Act does not specify a particular form that must be used to make applications, though
some state governments appear to be demanding that. Significantly, the Central
Government Right to Information (Regulation of Fee and Cost) Rules 2005 do not prescribe
a fixed format for applications. Additionally, some state governments have made it clear
that applications have to be made in a specific format but not on a specific form.34 In a
landmark decision, the Central Information Commission has ruled that a request for
information even on an ordinary piece of paper should be treated as a formal application.
Government departments may prescribe forms for administrative purposes but this should
not prevent handwritten applications from being made on plain paper or photocopied
forms.35

Step 4: Submit your application

After completing the application, you need to send it to:
 The PIO in the public authority which has the information you want; or
 The APIO located at the sub-district or sub-divisional level near you, who is then
under a duty to forward your application to the relevant PIO.

You can submit your application in person or send it by post, fax or email. If you are
sending your application by post you should send it by registered post or under certificate
of posting (UCP) so that you have proof of postage and the PIO cannot claim that he/she
never received the application. If you are submitting your application in person, always

33
Sectio n 6(2).
34
The G ujar at and Maharas htra RTI Fee Rules all ow appl ications made on plain paper pro vided they
contai n all details requir ed in the printed fo rmat.
35
NDTV(2006) “Slumdweller Wi ns Right to Information”, NDTV.com, 8 February:
http://www.ndtv.com/morenews/showmoresto ry.asp?category=National&slug=Slum+dweller+%27wins%
27+right+ to+information&id=84602 as o n 20 March 2006.

18
 Appli cation Process

make sure to ask for a receipt for the application. The acknowledgment should indicate
make sure to ask for a receipt for the application. The acknowledgement should inclicate
the time and date when the application was received, where it was received and who
received it.

The Act requires that an application fee must be paid before an application will be
processed. Different fees have been prescribed by the Centre and the States (see Annex 2
for details). If you are submitting your application in person, the PIO or APIO should give
you a receipt on the spot, acknowledging on what date he/she received your application
and that he/she received payment of the application fee. In some departments, the PIO
may not accept the fee themselves, but may send you to another section which is permitted
to deal with cash payment. In any case, be sure to get a receipt for any fees you pay.
Alternatively, if you are mailing your application, you can pay the fee by demand draft,
bankers’ cheque or money order, but if you pay by cash, you will need to send in a copy
of your payment receipt.

The RTI Act does not specify any mode for paying application fees (or additional fees for
accessing information). The modes of payment are specified in the Fee Rules issued by the
Central and state Governments (see Annex 2 for details). Some states have limited the
payment options, specifying that you can only pay by demand draft, bankers’ cheque or
in cash. Ideally, however you should be able to choose from a wider range of options,
including non-judicial stamps and postal orders. If you have doubts about how you can
pay the fee, you should check the Rules prescribed by your government and/or contact
the PIO or the nodal agency responsible for implementing the Act because they should
help you.

People who are “Below the Poverty Line” pay no fees36

Applicants who are below the poverty line (BPL) do not have to have to pay any fees
under the RTI Act. When applying for information, BPL cardholders need to attach a
copy of their BPL card as proof or an extract from the BPL list containing their name or
some other such proof signed by a competent officer. Alternatively, when submitting
an application in person, BPL Applicants have a right to get the PIO to put on
acknowledgement o f their BPL states on their application as proof

36
Sectio n 7(5).

19
 Suggested format for applications under RTI*
It is important when writing your application that you word your question tightly so that
it is perfectly clear what information you want. At a minimum, your application should
contain enough information to enable a PIO to provide you with the information you
want. An application under the RTI Act would look something like the following:

To: Public Information Officer/Assistant Public Information Officer

(Name of the Department)
(Postal Address)
1. Full name of applicant: Ms Kavita Joshi
2. Address: 105 Sundar Nagar, 2 Floor, New Delhi - 110003
3. P hone number: (011) 2436 7489
4. Application submission date: 10 March 2006
5. Name of the department: Public Works Department
6. Details of information requested: Do not write a general question like “I want to
know why the road in front of my house was not fixed”. It is more likely to get a
vague response as opposed to:
(a) How much money was allocated in the last two years for the maintenance
of Aurobindo Marg between IIT Flyover and Adchini?
(b) How much money was actually spent on fixing the road, and:
(i) who was the relevant contract(s) awarded to;
(j) what were the tender specifications;
(k) when was the work completed;
(l) what is the name and designation of the officer who verified
completion of the work according to the specifications in the contract.
7. Period for which information is requested: January 2005 to present date
8. Form of information requested: copy/inspection of works/inspection of records/
certified copy of records/certified sample.
9. Details of fee payment: Receipt No. XXXX, Date: 10 March 2006
10. Does the applicant fall below the poverty line : Yes/No
(if yes, then attach proof of BPL status)

_____________________________
Signature of the Applicant
* This is only a sample format for applications. CHRI recommends you confirm with the PIO of the public
authority you are seeking information from what details you should include in your application.

20
 Appli cation Process

Step 5: Wait for a decision

Once the PIO receives your application, complete with the application fee, he/she is
required to process it as fast as possible but no later than 30 days from the date on which
he/she receives the application.37 If an APIO passed the application on, another 5 days
gets added to this timeline.38 However, where the information requested is vital to ensuring
the life or liberty of a person, a decision has to be made within 48 hours.39 For example,
if a person is picked up by the police without an arrest warrant or an arrest memo, his
family, friends or even a concerned third person can ask for his whereabouts from the PIO
of the police department and a response must be made within 2 days. Where such an
application is made, it is good practice to include in the application an explanation as to
why you think the application relates to “life or liberty” so the PIO does not delay assessing
your application.

37
Sectio n 7(1).
38
Sectio n 5(2).
39
Sectio n 7(1).

21
 Flow Chart 1: Application Process
STEP 1
C o ns i der your pro bl em -
frame a question - identify the
publi c authori ty and PIO you
think has the infor mation.

STEP 2 Information not available with

Draft and submit your publ i c autho r i ty - PIO to
appli cation wi th application tr ans fer appl i cati on to
fee to PIO. r elevant publ i c author i ty
w ithi n 5 days - must s end
wri tten noti ce of transfer to
STEP 3 yo u.
PIO has 30 days to approve
or reject your appli cation.

O PTI O N 1 O PTI O N 2
Application is accepted. Application is rejected
(If a deci si on is no t gi ven
w ithin the deadl i ne, i t i s
PIO to noti fy you in wri ting regar ded as rejected and you
of: can make an appeal).
- additional fees to be paid;
- info rmatio n co ncer ni ng
yo ur r ight to revi ew the PIO has to no tify yo u i n
deci si o n fees , for m o f writing:
access , detail s of - reason for the rejection;
Appel late Author ity and - per i od i n w hi ch any
relevant for ms to make appeal can be made;
an appeal. - details o f the Appel late
Autho rity.

No fee fo r B PL Infor mation wi ll be

(below the poverty provi ded free i f the For mor e informatio n, see
line) applicants. publ i c autho ri ty Flowchart 2 at page 38
fails to comply with about appeals & complaints
the time limits.

22
 Decisi on Process

PART 7: How is a decision

made on my application?
When processing your request, the PIO will need to determine immediately whether the
information you have requested:
(a) Is available in the office, and if not, transfer it to another public authority and
provide you with written notice of the transfer;
(b) Relates to confidential third party information and therefore requires consultation
with the third party before a decision can be made; and
(c) Is covered by an exemption and whether there is a public interest in disclosing it.

What if the information involves a “Third Party”?

Usually, people make applications for information created by the government which
relates to the public authority receiving the application. In such cases, there are only
two parties involved in the request process - the requester and the public authority.
However, sometimes requesters will ask for information which also affects a third party.
For example, if you want to have a look at the tender submitted by a rival company or
a letter to your MP from your work colleague, the company and your colleague are a
“third party”.
Sometimes - but not always - the RTI Act requires that third parties are consulted about
applications. A third party only needs to be consulted if:
 the PIO is considering releasing the information; AND
 the information relates to the third party or was given to the public authority by
the third party “in confidence”; AND
 the third party treated the information as confidential.
This last requirement is key. While a lot of information might relate to third parties,
there are only a small number of cases where the third party would have treated the
information as confidential. Information like lists of recipients of subsidies or permits,
submissions to committees or government contracts, although involving third parties,
do not involve confidential third party information and do not therefore require
consultation with the third party.
Where the 3-part test above is satisfied, the third party has the right to be consulted
about whether the information should be released. The PIO needs to send a written
notice within 5 days inviting the third party to make a submission regarding disclosure.40
40
Section 11(1).

23
 The third party has 10 days from the date the notice is received to make a submission.41
Whether or not a response is received, the PIO has to make a decision about whether
or not to disclose the information within 40 days of receipt of the application.42 Before
making a decision, the PIO must take into account any representation by a third party.
However, even if the third party objects, the PIO must still release the information if no
exemption applies. In such a case, the third party can appeal the decision to the
departmental Appellate Authority and/or Information Commission (see Part 8 for more
details).

What if the PIO approves my application?

If the PIO decides to give you the information, the PIO will send you a decision notice
within 30 days. The notice will include advice regarding any additional fees payable to
actually access the information you have requested and inform you of your right to appeal
the decision about the amount of fee charged or the form in which you want to access the
information, including details of the Appellate Authority, time limit and any other forms.43
Note that if the PIO fails to meet the time limits prescribed under the RTI Act, then the
information has to be provided free of cost to you.44

The Central and State Governments have all prescribed different additional fees for access
(see Annex 2 for details). The notice sent by the PIO needs to include an explanation of
how any additional fees were calculated.45 For example, if you have requested information
that totals 1,000 A4 pages and the cost prescribed for providing A4 size paper is Rs 2 per
page, then the PIO will need to show that the total cost would be: 1,000 X 2 = Rs 2,000.
The PIO does not have the power to charge you additional fees for searching, collecting
or processing the information.

In the decision notice you are sent, the PIO will ask you to deposit the calculated fee so
that the information can be dispatched to you. In some states, such as Maharashtra, the
cost of sending the information by post is included in the fee calculation.46 However, there

41
Section 11(2).
42
Section 11(3).
43
Sectio n 7(3).
44
Sectio n 7(6).
45
Section 7(3)(a).
46
Sectio n 4, Maharas htra Right to Information Rules 2005.

24
 Decisi on Process

is nothing to stop you from collecting the information in person if that is possible. Remember
that you also have the right to inspect the information - for a fee (eg. Rs 5 per hour under
the Central Government Fee Rules47) - before you request copies of any documents.
Inspecting documents could cut down on costs because you can use the inspection time
to decide which documents you really need. The intervening time between sending the
notice and the payment of additional fees is excluded from the 30 day time limit for
providing information.48

Unfortunately, some state governments have levied exorbitant additional fees. If you feel
that the additional fees for information are too high, you can appeal to the departmental
Appellate Authority or complain to the concerned Information Commission (see Part 8 for
details). If the PIO charges you money for giving the information despite the fact that you
provided proof of your BPL status, you also have the right to send a complaint to the
concerned Information Commission.

No bar on voluminous requests for information49

The RTI Act specifically provides that information has to be provided in the form that
you request, UNLESS it would disproportionately divert the resources of the public
authority or is likely to damage the record.50 Unfortunately, some departments have
been using this provision to deny citizens access to information. This issue was the
subject of a complaint filed with the Central Information Commission (CIC). Mr Sarbajit
Roy applied to the Delhi Development Authority (DDA) for information relating to the
modification of the Master Plan of Delhi. In particular, he requested access to the
responses the Board of Enquiry and Hearing had received from the public on the draft
Master Plan. The DDA refused to part with the information on several grounds, including
that giving the information would disproportionately divert the resources of the DDA.
After hearing from both Mr Roy and the DDA, the CIC stated that the Act does not
authorise a public authority to deny information if it is voluminous. It simply allows the
authority to provide the information in a form which is easy to access. The CIC has
directed the DDA to provide Mr Roy with an opportunity to examine the responses and
give him certified copies of those identified by him.

47
Secti on 2, Central Right to Information (Regulation of Fee and Cos t) (Amendment) Rules 2005.
48
Section 7(3)(a).
49
Centr al Information Commis sion (2006) Appeal No . 10/1/2005-CIC, 25 February: w ww.cic.gov.in as
on 20 March 2006.
50
Sectio n 7(9).

25
What if the PIO rejects my application?
The PIO can only reject your application if the information you have requested falls under
one of the exemptions in the Act (see Part 4 for details) and the PIO additionally decides
that there is no overriding public interest in releasing the information. No other reason is
valid under the RTI Act for justifying why an information request was refused. For example,
it is not enough that the information might embarrass the government or an official or that
you have not provided a good enough reason for wanting the information. You now have
a legal right to information - and officials are the ones who must justify continued secrecy.

Applying the “public interest override” to exemptions

Section 8(2) of the Act requires that even where an exemption applies to an application
for information, a public body may release the information if the public interest in
disclosure outweighs the interest protected by the exemption. The term “public interest”
is not defined anywhere in the Act. This makes sense because what is in the public
interest will change over time and will also depend on the particular circumstances of
each case. Because of this, public authorities - more specifically, PIOs and departmental
Appellate Authorities - as well as Information Commissions will need to consider each
case on its individual merits. They need to decide whether any exemption applies and
if so, whether it is overridden by more important public interest considerations, such as
the need to promote public accountability, the imperative to protect human rights, or
the fact that disclosure will expose an environmental or health and safety risk.

The PIO has to give you written notice of his/her decision to reject your request within the
30 day time limit.51 The decision notice must state:
(a) The reasons for the rejection, which should include information regarding the
exemption being relied upon and any relevant facts considered by the PIO in
arriving at the decision;
(b) The period within which you can appeal the decision;
(c) The name and contact details of the Appellate Authority to whom you can make
an appeal.

If the PIO fails to give you a decision notice, then this is regarded as a “deemed refusal”.52
You may then appeal to the departmental Appellate Authority or send a complaint to the
concerned Information Commission (see Part 8 for details).

51
Sectio n 7(8).
52
Sectio n 7(2).

26
 Decisi on Process

You can have information “partially disclosed” to you53

Sometimes one document will contain both some sensitive information which falls
under an exemption, and some information which could be disclosed without causing
any harm. In such cases, access to the information which is not sensitive can still be
provided. This is known as “partial disclosure”. In practice, this means the PIO will
often black out portions of a document - certain lines or paragraphs - or will disclose
some documents requested but not others. If a PIO decides to partially disclose
information, he/she has to notify you that you will only be getting partial disclosure of
the information you asked for, the reasons for the decision, the details of who made
the decision, the fees to be paid, and your right to get the decision reviewed.

53
Secti on 10.

27
 PART 8: What if I do not get the
information I requested?
Unfortunately, with secrecy still very much the norm in the bureaucracy, P IOs today
frequently reject RTI applications on flimsy grounds. For example, P IOs have
rejected applications because the information was not under their control even though
they have a duty to transfer the application in such cases, they have often applied
exemptions wrongly and some have even refused to accept applications because the PIO
is not available in the office or is on leave.

In anticipation of non-compliance, the RTI Act sets in place appeals and complaints
procedures which provide requesters with cheap, simple options for taking issue with
decisions or poor performance of public authorities and government officials under the
Act. Requesters can make appeals to a s enior officer within the concerned department
(referred to as the Appellate Authority) or they can complain to one of the new Information
Commissions, which are to be set up at the Centre and in all the States.

Appeals vs Complaints - what is the difference?

Requesters who are aggrieved by a decision of a PIO can make an APPEAL to a
departmental Appellate Authority, who will be an officer senior in rank to the PIO but
in the same public authority. The Appellate Authority, after hearing from you and the
PIO, has to make a decision on whether the PIO made the correct decision. If the
order of the Appellate Authority also does not satisfy you, you can make a second
appeal to the Information Commission.
Alternatively, a COMPLAINT can be made directly to the relevant Information
Commission where it concerns ANY matter relating to accessing information under the
RTI Act, for example, not giving information within a time limit, charging unreasonable
fees, denying you a fee waiver despite being a BPL person, destroying a record which
you had requested, or making a bad decision about disclosure. You can bypass the
departmental Appellate Authority with a complaint, but it is important to call it a
‘complaint’ because otherwise the Information Commission may treat your
communication as an appeal and tell you to go through the departmental Appellate
Authority first.

28
 Appeals Process

Option 1 - Make an appeal

The appeals process falls under section 19 of the Act and envisages a two-step process:
firstly, an appeal to the Appellate Authority and secondly, an appeal to one of the newly
established Information Commissions. The appeals process is supposed to be a quicker,
cheaper way of enabling requesters to get a decision reviewed, as opposed to going to
the courts.

First appeal to the Appellate Authority

In every public authority, an officer who is senior in rank to the PIO has been designated
to hear appeals. He/she is referred to as the Appellate Authority. The original decision or
rejection notice you receive from the PIO should include contact details for the relevant
Appellate Authority so that you know to whom you can go to get the decision reviewed. If
the notice is deficient, you may want to check the website of the public authority or contact
the PIO directly and ask for the Appellate Authority’s details.

You can make an appeal to the Appellate Authority if:

(a) you are aggrieved by the decision made;
(b) no decision was made within the proper time limits;
(c) you are a third party consulted during the application process and you are
unhappy with the decision made by the PIO.

You need to send your appeal to the Appellate Authority within 30 days from the date on
which you received the decision (or you should have received a decision) from the PIO.
However, if you miss that deadline but the Appellate Authority feels that you have been
prevented from making an appeal within this time limit for justifiable reasons, he/she may
allow you to submit an appeal even after the 30 days have expired.54

You need to send your appeal to the concerned Appellate Authority in writing. Some state
governments have prescribed forms for filing appeals. You should check with the concerned
Appellate Authority to see if your state has prescribed such a form. You can file appeals
directly by handing them over in person or by sending them by post/courier. Additionally,
you can also send the appeal to the APIO in the relevant public authority who then has a
duty to forward it to the relevant Appellate Authority.55

54
Section 19(1).
55
Sectio n 5(2).

29
 Information to be included when making an appeal / complaint*
Whether or not a specific form has been prescribed by your state for making an appeal,
at a minimum, all appeals should include:
(a) Your name and contact details, including (if possible), a postal address,
telephone numbers and email address;
(b) Name and address of the PIO against whose decision you are appealing;
(c) Details of the order against which you are appealing (including the number);
(d) If the appeal is being made because you received no response (a “deemed
refusal”), the particulars of your application, including the receipt number of
the application, date it was submitted, and the name and address of the PIO;
(e) Brief facts of your case;
(f) Relief sought by you and grounds for the relief sought, for example, you want
release of the information requested because no exemption legitimately applies;
(g) Verification by you, for example, a statement saying “I attest that all the
information in this application is true and correct, to my knowledge”; and
(h) Any other useful information which you think may help in deciding your appeal.

* This is only a basic summary of the usual contents of an appeal notice. CHRI recommends that you
check the relevant rules or confirm with the Appellate Authority or Information Commission what details
you should include in your appeal.

The RTI Act does not permit any fee being levied on an applicant for filing an appeal to an
Appellate Authority (or the Information Commissions). Unfortunately, some state
governments, like Maharashtra56 and Madhya Pradesh57, have prescribed rules which
impose an appeal fee. It is not legal to impose an appeal fee or reject an appeal because
of non-payment. If your state government has prescribed an appeal fee, you can either
move the relevant Information Commission or your High Court to consider the matter or
attempt to bring up the issue before your State Legislative Assembly for debate.

Ordinarily after receiving your appeal, the Appellate Authority is required to give his/her
decision within 30 days. This time limit is extendable, but the maximum time limit for a
decision from the Appellate Authority is 45 days. If additional time is taken over and
above the 30 day time limit, the Appellate Authority has to record the reasons for the
extension in writing and provide those reasons to you when issuing his/her final order. 58

56
Sectio n 5, Maharas htra Right to Information Rules 2005.
57
Secti ons 7 and 8, Madhya Pradesh Right to Information (Fees and Appeal) Rules 2005.
58
Section 19(6).

30
 Appeals Process

How are appeals usually handled by Appellate Authorities?

The RTI Act does not prescribe a procedure that Appellate Authorities should follow
when deciding appeals. In general, however, appeals proceedings should not be
adversarial but should be a search for the truth, to simply find out whether the Act was
applied properly. In any appeal, it is the PIO who has to prove that the rejection of an
application was justified. This means that in any hearing, the PIO should first be asked
to explain themselves. Only if they make a defensible case should you be called on to
explain why you think they are wrong. In any case, the Appellate Authority needs to
apply his/her mind to consider all the facts again and decide whether the action of the
PIO was correct. All parties involved - you, the PIO and any third party who was
consulted about the disclosure - have the right to be heard before any decision is
made.

If the Appellate Authority accepts your appeal and decides that the information should be
given to you, then he/she should inform you and the public authority of the decision in
writing. If the Appellate Authority rejects your appeal, the notice of the decision to you
must include details of your right to appeal to either the Central or State Information
Commission.

Notably, the RTI Act does not give Appellate Authorities the power to impose penalties on
officials, even where non-compliance with the RTI Act has been proven. Only Information
Commissions have the power to impose penalties. This means that even if the Appellate
Authority decides in your favour, you still may want to ask the Appellate Authority to refer
the case to the Information Commission on the issue of penalties. Alternatively, you may
want to make a complaint to the Information Commission (see pg 35 for details) on the
issue of penalties alone.

Second appeal to the Information Commission

If you are unhappy or dissatisfied with the decision of the Appellate Authority, the RTI Act
provides you with the option of filing a second appeal with the newly constituted Information
Commissions at the Centre or the States. A second appeal against a decision of an
Appellate Authority to the Information Commission must be made within 90 days from the
date on which the decision should have been made or from the date a decision was
actually received. However, the Information Commission has the discretion to allow appeals
after this period has expired.59

59
Section 19(3).

31
 Information Commissions - Champions of Openness
At the Central and State Government levels, independent and autonomous Information
Commissions are required to be set up under the RTI Act.60 These Commissions
comprising of one or more numbers have been set up at the Centre and in all the
States. (see Annex 4 for more details). The Commissions have a number of key roles to
play in ensuring that the RTI Act is an effective tool in assisting the public to access
information. Specifically, every Information Commission is responsible for:
 Handling complaints and appeals: All citizens have the right to appeal or
complain to the Information Commission if their information needs under the
Act have not been fulfilled. In reviewing decisions, the Information Commissions
have broad investigation powers - including the right to see any document,
even if an exemption has been claimed. They also have strong and binding
powers to require public authorities to comply with the Act; these include
ordering release of information, appointment of PIOs, improvement of records
systems, provision of compensation and the imposition of fines.61
 Monitoring implementation: At the end of each year, the Central and State
Information Commissions have to produce an annual report which is tabled in
Parliament/State Legislature, as the case may be. Each report has to include
basic application and appeal statistics as well as comment on implementation
efforts and recommendations for improvements. The Commission’s annual
reports are based on monitoring information submitted by each public authority
under the Commission’s jurisdiction. 62
 Special human rights oversight: Some intelligence and security agencies have
been exempted from the Act, except where they are requested for information
in respect of an allegation of corruption or a human rights violation. Information
Commissions must deal with all such requests related to human rights violations.

The Commissions that have been set up so far are still working out their mandate. They
have a crucial role to play in ensuring the RTI Act is implemented effectively and as
such, the public needs to be vigilant to ensure that they are working effectively.

60
Chapters III and IV. The Jammu & Kashmir Right to Infor mation Act, 2004 has been amended recently to
enable the constitution of an Information commission for Jammu & Kashmir to r ecive appeals & complaints
regarding access to Informati on under that law.
61
Section 19(8) and Sectio n 20.
62
Secti on 25.

32
 Appeals Process

You need to send your appeal to the relevant Information Commission in writing. In matters
relating to Central Government public authorities, you need to send your appeal to the
Central Information Commission. For matters relating to state government public
authorities you will need to send your appeal to the concerned State Information
Commission. Appeals against Panchayats will be sent to the relevant State Information
Commission.

The Central Government and all state governments have issued Rules about what
information needs to be included in an appeal to the Information Commissions. In addition
to basic information (see page 30 for a sample appeal format), your appeal should
attach supporting documents, including: self-attested copies of the orders/decision notice
against which the appeal is being made and copies of any additional documents upon
which you are relying that are referred to in your appeal.

The Central and State Information Commissions manage appeals in accordance with
procedures prescribed under the relevant Appeal Rules. Commissions have the power to
take oral or written evidence on oath/affidavit; inspect documents or copies; hear and
receive affidavits from the PIO against whom the appeal has been made and/or the
Appellate Authority who has decided the first appeal; and to hear from you.63 If the
decision of a PIO or Appellate Authority relates to a third party, then that third party also
has the right to be heard by the Information Commission before it makes a decision.64

Burden of proof65
In any appeals proceeding, the burden of proof that the denial of a request was
justified lies on the person who wants to keep the information secret - the PIO or a third
party. In practice, this means that you should only need to interact with the Commission
after the person who wants to withhold the information has first been questioned,
because they are the ones who have to show the Commission that they are right. If a
hearing is then organised, the PIO or third party arguing for secrecy needs to be called
on to make their case first. You will only need to make a case if the Commission thinks
the PIO or third party has a point worth considering. At that stage, you then need to
argue in favour of disclosure.

63
Section 18(3).
64
Section 19(4).
65
Section 19(5).

33
Appeals proceedings at the Information Commissions are not meant to be formal, like a
court. It should not be necessary to hire a lawyer to plead your case before the Information
Commission. Proceedings are meant to be informal and non-confrontational. Although
the Commission does have the powers of a civil court under the RTI Act,66 the Commission
is not supposed to operate like a court. If you feel uncomfortable during an appeals or
complaints proceeding you should inform the Information Commission and should be
able to seek assistance from someone during your hearing. In any case, the Information
Commission is an openness champion, and the Commissioners and their staff should be
alert to ensure that arguments in favour of disclosure are not overlooked simply because
you did not hire a lawyer.

The RTI Act does not prescribe a time limit for the Information Commission to decide on
an appeal and no time limit has yet been included in any of the Appeal Rules which have
been prescribed. However, best practice supports a deadline of 30-45 days to dispose of
any appeal just like the Appellate Authorities.

If an Information Commission decides that your appeal is justified, the Commission will
need to give you a written decision. The Information Commission has broad and binding
powers to:
(a) order the public authority to take concrete steps towards meeting its duties
under the RTI Act, for example, by providing access to the information you
requested or by reducing the amount of fees you need to pay;67
(b) order the public authority to compensate you for any loss you may have suffered
in the process;68
(c) impose penalties on the PIO or any other official who failed in their duties under
the Act.69

If the Information Commission decides that your case is groundless, it will reject your
appeal.70 In either case, the Commission must give notice of its decision to you and the
public authority, which should include any right of appeal.71 Even though the RTI Act
states that appeals to the Courts are barred, you have a right under the Constitution to
approach the High Court or Supreme Court, because the right to information is considered
66
Section 18(3).
67
Secti on 19(8)(a)(i),(ii),(iii).
68
Section 19(8)(b).
69
Secti on 20.
70
Section 19(8)(d).
71
Section 19(9).
72
Section 18(1).

34
 Appeals Process

a fundamental constitutional right (see page 37 for details).

Option 2 - Make a complaint
Instead of making an appeal to the Appellate Authority and then the Information
Commission, you also have the option of approaching the Information Commission directly
and submitting a complaint under section 18(1) of the Act if you are not satisfied with the
decision of a PIO or if you think a public authority is failing to comply with its information
duties under the Act. This is a particularly useful route if you immediately wish to seek a
penalty for the PIO or compensation for yourself. The Appellate Authority does not have
the power to order either of these, but Information Commissions do. By approaching the
Information Commission directly you will be able to bypass the Appellate Authority, although
the lack of a specified time limit for the Information Commission to give its decision is a
drawback to this procedure. The Appellate Authority has to give its decision within a
maximum of 45 days. It is for you to carefully decide which procedure is best in your case.

You can file a complaint72 if you have any trouble in accessing information under the RTI
Act, for example if:
(a) you have not been able to submit an application either because a PIO has not
been appointed in a particular department to accept your application or an
APIO has refused to accept your application;
(b) you have been refused access to any information requested;
(c) you do not get a response to your request or access to the information you
requested within the specified time limit;
(d) you have been asked to pay fees which you think are unreasonable;
(e) you believe the information you have been given is incomplete, misleading or
false;
(f) you face any other problem related to accessing information under the RTI Act.

This last provision is purposely broad to allow you to complain to the Information
Commission in relation to ANY problems that prevent you from effectively accessing
information, even those not mentioned specifically under the RTI Act. These include, for
example, failure by a public authority to - implement proactive disclosure requirements
properly, appoint PIOs, provide proper training to officials or failure by the government to

35
produce the User’s Guide required under the Act.
Whether the Information Commissions are hearing an appeal or a complaint, they have
the same investigative and decision-making powers (see pages 31-34 in relation to appeals
to Information Commissions for details). In summary, the Information Commissions have
broad investigative powers because they have the same powers as a civil court.73 The RTI
Act currently contains no time limit for disposal of appeals by the Information Commission.
If, after investigating the complaint, the Information Commission decides that your complaint
is justified, the Information Commission has very broad and binding powers to require the
public authority or official concerned to take any and all steps to comply with the RTI Act.
For example, by ordering release of the information you requested, appointing PIOs to
receive and process applications or providing better proactive disclosure. The Information
Commission can also require the public authority to compensate you for any loss or
detriment you may have suffered and they can impose a penalty on non-compliant
officials.74 Alternatively, if the Information Commission finds that your complaint was not
justified, it can reject your application. In such a case, you can appeal to the State High
Court or the Supreme Court of India.

Information Commissions have the power to impose penalties

Information Commissions alone - and not Appellate Authorities - have the power to
recommend disciplinary action75 and impose monetary penalties76 of Rs 250 per day
up to a maximum of Rs 25,000 on officials who are found to have:
- refused to receive an application;
- failed to provide information within the time limits specified in the Act;
- malafidely denied a request for information;
- knowingly given incorrect, incomplete or misleading information;
- destroyed information which was the subject of a request; or
- obstructed in any manner the furnishing of information.
Before a penalty can be imposed, an official must be given an opportunity to be
heard. The official has to prove to the Information Commission that he/she acted
reasonably and diligently.

73
Sectio n 18(3)
74
Section 19(8) and Sectio n 20.
75
Section 20(2).
76
Section 20(1).

36
 Appeals Process

Option 3: Appeal to the courts

If you are faced with a situation where you are not satisfied with the decision of the
Information Commission, an appeal or a complaint, you can file an appeal in the State
High Court or the Supreme Court. The RTI Act specifically bars the courts from considering
any suit, application or any proceeding made under the RTI Act.77 However, it must be
remembered that the RTI Act gives effect to a fundamental right, and according to the
Constitution, the High Courts (under Article 226) and the Supreme Court (under Article
32) have the power to look into any matter relating to the fundamental rights of citizens.
Technically, therefore, you DO have the right to approach the High Court or the Supreme
Court if you are not satisfied with the decision of the State or Central Information
Commission as the case may be.

77
Secti on 23.

37
 Flow Chart 2: Appeal Process
PIO sends you a rej ection
Appeal noti ce. Complaint

Appeal to Appel late Authority Dir ect complaint to Central

(AA) w i thi n the publ i c or State Info r mati o n
authority within 30 days if you Commi ssion (IC ). If you face
are: any pr o blem i n acces s ing
- Aggrieved by the decision infor mation because:
notice; or - No PIO has been
- No decis io n was made appointed;
w i thin 30 days (o r - PIO r efus es to accept
extended peri od). your application;
- You ar e refused access;
- Yo u ar e char ged
AA to di s pos e o f appeal unreasonable fees;
withi n 30 – 45 days.
- You have been given false
information;
AA accepts appeal. AA rej ects appeal. - ANY other matter r e
Written no tice to be Wr itten no tice to accessing i nformation.
gi ven. Infor mati on be given includi ng
to be provided as your right to appeal No ti me li mi t fo r fi li ng
soon as possi ble. to the Centr al o r co mplaints.
State IC.

IC reviews documents, PIO to

justify no n-dis cl os ur e. You
and any third parties involved
have a right to be hear d. No
time l imit for decision.

IC accepts the appeal / IC rej ects the appeal /

IC imposes penalty co mpl aint. co mpl ai nt and gi ves yo u
on PIO and - notifi es the requestor; notice of the decision.
refers PIO for - o r der s r el eas e of
departmental information;
penalty. - orders public autho rity to Appeal to courts
compl y with RTI Act. RTI is a fundamental ri ght.
Therefo re you can appeal to
the State Hi gh C o urt o r
Supreme Court.

38
 Promoting the Right

PART 9: How can I help promote the Right

to Information?
The RTI Act sets out a legal framework for accessing information, but the key to the law’s
practical success as a tool for good governance lies in your hands. Citizens have a
fundamental duty to use the RTI Act to ensure that public authorities across the country are
meeting their obligations and fulfilling their duties to develop a strong and pro-citizen
access to information regime. The right to information can become a powerful and living
right with your help.

Requesting information
To make sure that the RTI Act is effective as a tool for curbing corruption and improving
government service-delivery, people have to use it to apply for information from the
government. This is one of the surest ways of getting the government accountable and
answerable to the people.

Already, individuals and civil society groups have begun using the RTI Act to expose
massive corruption and mismanagement in government, to ensure that government schemes
and plans are being properly implemented, to demand accountability in government and
above all to demand a say in how policies are being designed and implemented across
the country.

Monitoring the government

Applying and getting the information you want is only a first step. What you do with the
information you get is just as important. For example, if the information you have reveals
evidence of misconduct, corruption or misadministration, it is essential that you
take the matter up with higher authorities - whether this be an Information Commission,
the police, the courts or an anti-corruption agency - and ensure that it becomes
a matter of public knowledge. In fact, even the RTI Act itself needs to be monitored in this
way. You can monitor its implementation to assess whether officers in public
authorities are making efforts to comply with the law and the government is meeting its
obligations to publish information, appoint PIOs and provide access in a timely manner.
Based on your findings, you can lobby and advocate with the government to improve its
efforts at implementation.

39
 Getting into the Act: RTI activist exposes corruption in government 78
Since January 2004, the Madhya Pradesh Government has been running the Indus
Child Labor Project in five districts, funded by the International Labour Organization
(ILO). The Indus Project is aimed at providing primary education to child labourers. It is
implemented through a registered society, the National Child Labour Project (NCLP),
which receives monies from the ILO through the State Government and makes
disbursements. The District Collector is the President of NCLP and the District Labour
Officer is its Secretary. In addition, five Project Directors have been appointed to
oversee the execution of the project. Big money is at stake - in Katni district alone, a
sum of Rs 31,80,750 has been earmarked for the execution of the Indus Project.
Since its inception, the Project has been dogged by rumours of corruption. In December
2005, an RTI activist in Katni filed an application with the PIO of the Indus Project,
asking for: the number of first aid kits bought for Teaching Centres being run under
the Project in Katni; the rate at which the kits were bought; an inventory of the contents
of the kit; and a copy of the Project’s proactive disclosure statement.
The PIO responded to say that 40 first aid kits had been bought at the rate of Rs
3,500 per kit. Seeking out the prevalent market rates from local distributors of
companies producing similar first aid kits, the requester found rates ranged from Rs
760 to the high quote of Rs 970. The requestor realised that the Project had purchased
the kits far above even the most expensive quote in the market. The implementing
agency spent Rs 1,40,000 for buying 40 kits at the rate Rs 3,500 per kit. Had the
agency bought the kits from the open market from the most expensive distributor -
quoting a rate of Rs 970 per kit, it would have spent only Rs 38,800.
Armed with this information, the activist visited 10 Teaching Centres to examine the
kits only to find that none of the kits displayed any company logo. In three centres, the
kits were found to be empty and the contents of seven kits in other centres were of a
cheaper quality than mentioned in the quality specifications. This scandal has been
highlighted in the local newspapers. The district administration conducted an inquiry
and ordered the supplier to refund Rs. 80,000/- to the rchequer RTI can be used as
an effective tool to mantion spending of the tax payer’s money.

78
MP Soochana Adhikar Abhiyan (2006).

40
 Promoti ng RTI

Educating and advising others

Today, across the country, few are aware that such an empowering law has come into
force and is accessible to them. The Central and State Governments are responsible for
spreading awareness and education on the RTI Act amongst the public, but their efforts
have been slow. It is the duty of all citizens of India to ensure that the message of RTI is
spread far and wide across the country in as many languages and through as many
mediums as possible. If you have used the RTI Act - irrespective of whether your efforts
have been successful or unsuccessful - you should consider making your experience public
knowledge by writing an article for the papers or publishing your case study on the internet
or simply by talking about it with your friends and colleagues. You can also help people to
make similar requests for information by teaching them how to ask, write and submit an
application. Your experience in using the RTI Act can serve as a source of inspiration to
others and sharing it is vital to ensuring that the RTI Act is successfully entrenched in the
hearts and minds of the public.

Look what is happening in Mumbai’s prisons79

In Maharashtra, there were regular updates in the media about inmates in Mumbai’s
Arthur Road Jail being allowed to use their mobile phones to extort money and conduct
illegal and potentially dangerous activities. In October 2001, the Inspector General of
Prisons proposed the installation of jammers in the jail at the cost of Rs 6,01,736 to
prevent the use of mobile phones. Over the next four years, the proposal no action
was taken on the proposal and the use of mobile phones continued.
On 20 December 2005, Shailesh Gandhi made an application under the RTI Act
asking for details of the movement of the papers in the case. Within 6 days of his
request, on 26 December 2005, the Inspector General of Prisons was asked to place
an order for the jammers. On 10 January 2006, less than a month after Shailesh
Gandhi’s initial request, the jammers were finally installed in the prison at the cost of
Rs 7 lakh.
What the government could not or would not do in four years, the RTI Act accomplished
in days. Monitoring the government and exposing poor performance through the Act
can be very effective in turning bureaucratic words into official action.

79
Shail esh Gandhi (2006).

41
 Indian Express reveals Employment Guarantee Scheme scam 80
Thane district in Maharashtra is home to some of the poorest and underdeveloped
talukas in the State. In Jawhar and Mokhada talukas, up to 75 per cent of families live
well below the poverty line. The Maharashtra Employment Guarantee Scheme (MEGS)
was developed with the aim of providing gainful employment to people living in such
areas. Recent use of the RTI Act to get information on how the scheme is being
implemented shows that the system is rife with corruption.
The Indian Express applied under the RTI Act for copies of the muster rolls from the
Thane Public Works Department (PWD). The Indian Express was particularly interested
in the muster roll detailing the work done on building the Bopdari-Chandoshi approach
road in the district. The road was meant to act as a lifeline to the area’s poorest
villages under the MEGS. The muster roll showed that a villager, Ganga Ghatal of
Bopdari, had been paid Rs 961 for 11 days of excavating the road, certified by his
fingerprint on the muster roll. Armed with the muster roll, the newspaper went to
Bopdari only to find that Ganga Ghatal had committed suicide in 2004 and neither he
nor his family had received any money. Ganga Ghatal was one amongst a large
number of deceased individuals still shown as receiving payments under the EGS. The
muster rolls revealed several other ghost entries including the names of government
officers as beneficiaries. Faced with this evidence, the State EGS Minister was forced to
look into the matter.

Joining the RTI movement

Across the country, there are many activists and civil society groups working to promote
the right to information. These groups are actively finding ways of making this right accessible
to men, women and marginalised communities across India with remarkable results and
success stories. In addition, there are also a number of online discussion forums and local
groups which are closely involved in monitoring the application and implementation of
the RTI Act. You may want to join one of these groups and/or an organisation working in
your State on the right to information. You could even set up a discussion group of your
own (see Annex 5 for details of some groups working on RTI).

80
Chitr angada Choudhury (2006) “In Model Maharashtra the Dead are Paid to Siphon o ff Job Funds”, The
Indian Express, 12 January: http://www.indianexpress.com/full_story.php?content_id=85784 as on 20 March
2006.

42
 Promoting the Right

Getting involved with the RTI implementation campaign

Many groups are networking throughout the country to consolidate the gains already
made and to continue building pressure on the government to implement the RTI Act
properly. For example, the National Campaign for People’s Right to Information (NCPRI)
was set up in 1996 with the prime objective of carrying out advocacy on the right to
information at the national level. They lobbied to get the RTI Act passed and now focus
on improving implementation. In addition, there are a number of online discussion
groups where activists across the country can discuss and share their experiences. For
example, in Maharashtra, right to information supporters set up the web based discussion
group Mahadhikar (now Hum Janenge) to serve as a platform for sharing experiences,
discussing problems, and devising strategies for tackling deficiencies in the law and its
implementation, and coordinating activities to promote the right to information. Similarly,
in Karnataka, advocates set up the KRIA KATTE discussion board. These on-line forums
have been a very useful way for drawing people together from diverse backgrounds
and locations to pursue a united campaign.

43
 Government Paid Rs. 10 Lakhs to a Teacher who had no work
In India, access to higher education is a luxury that few can afford. While 25 lakh
graduates pass out of the 300 universities and 15,600 colleges every year, less than
5% of the population has access to higher education.81 Primary education has been
made compulsory and free in state run schools but anybody may opt for secondary
and tertiary education on a voluntary basis. Barring a few elite and privately run
institutions, higher education is subsidised by the government at the Central and State
level. In many states the government provides funds to cover the salary of teachers in
private institutions as well. However it is not uncommon to find teachers continuing to
be on the pay rolls while there are no takers for their courses. One such case came to
light in Karnataka through the use of the RTI Act.
Mr. G.G. Hegde Kadekodi filed an RTI application in November 2006 with the M.M.
Arts & Science College, Sirsi, Karnataka seeking details about the lecturer appointed
for teaching Geology; the number of students enrolled for that course and the salary
being paid to that lecturer. The reply revealed that the lecturer was drawing a salary of
Rs.27, 490/- every month but did not have any student to teach. Nobody had enrolled
for the Geology course for more than three years. Mr. Hegde’s RTI intervention also
brought to light the fret that the College had been writing to the State Government
seeking transfer of the lecturer to any other college where students had opted for a
similar course. The Joint Director of Education wrote to the Directorate of Collegiate
Education admitting the fact that the lecturer was being paid salary even though he
had no work. The public exchequer was poorer by Rs.10 lakhs because of the delay in
transferring him to another college. The Directorate informed Mr.Hegde in March
2007 that the lecturer had been transferred to a college in Tumkur where a similar
course had been opted for by students.

81
Kaushik Basu, ‘India’s Faltering Education System, BBC New s, 18th August, 2006:
http://news.bbc.co.uk/2/hi/south_asia/4793311.stm as on 20 September, 2007 and Vi ctoria A Velkoff,
‘Womens ’ Education in India ’, October 1998: .http://www.census.gov/ipc/prod/wid-9801.pdf as on 20
September, 2007

44
 Promoting the Right

Fixing accountability - as important as problem solving

In our country it is difficult for the common person to hold officers accountable for
either shirking work or playing the game of pass the buck. Although grievance redressal
systems exist on paper they are not always effective in providing justice to people
aggrieved by lack of or poor service delivery. As this story shows, RTI can be used to
redress grievances successfully.

In September 1989, Sukhlal of Ramnagar in Anuppur district, Madhya Pradesh bought

an insurance policy worth Rs. 25,000/- from the Life Insurance Corporation of India
(LIC). The policy was to mature in 2004; his wife Smt. Rambai was the nominee and
the premiums were paid regularly. Sukhlal was killed in a road accident in January
2004, a mere 8 months before the insurance policy was to mature. The grieving
widow informed the LIC office of the accidental death and claimed the insurance
amount that was due to her. On 30th September the LIC office sent a cheque for Rs.
25,000/- in the name of the late Sukhlal and washed its hands off the case. However
under the terms of the policy his wife was entitled to receive double benefit if the
insured person died in accident. She should have been paid Rs. 50,000/- and the
cheque should have been drawn in her favour. So Smt. Rambai returned the cheque
with a request that the full amount be paid as per the terms of the policy agreement.

For two years Smt. Rambai was made to run from pillar to post claim. Fed up with this
‘kind’ treatment for two and a half years, Smt. Rambai contacted Mr. Sunil Chaurasia
- the Chairperson of the District Consumer Forum in Anuppur.82 When Mr. Chaurasia
called up the LIC Branch office enquiring about her case he was assured that the
claim would be settled soon. Still there was no sign of the money. On 31st May, 2006
Mr. Chaurasia sent a written complaint to the Branch Manager informing him about
the lack of progress made on the claim. LIC did not bother to respond to that complaint
at all.

After a five-month long wait, in November, Mr. Chaurasia filed an RTI application
with the PIO of the LIC office seeking details of action taken on his complaint, the
name and designation of the officers responsible for not finalising Smt. Rambai’s

82
Sunil Chaurasia is Chief Editor, Koyl anchal Times and a cor e group member of the Suchana Adhikar
Abhi yan
a s tate-wide network of C SOs and activi sts invol ved i n public education, advocacy and monitor ing
implementation of the RTI Act in Madhya Pradesh.
CHRI works with the Abhiyan on RTI related is sues.

45
claim and reasons for non-payment. RTI set the wheels in motion in the LIC office and
a meeting was held a day after the application was received. The next day LIC issued
a cheque for Rs. 33,344/- being the first instalment of the payment and delivered it to
Smt. Rambai. The remaining amount was also paid subsequently. While the original
problem was solved the information requested was not provided.
Mr. Chaurasia filed an appeal with the Appellate Authority but it was returned to him
with wrong advice about where it should be filed again. Mr. Chaurasia filed a second
appeal before the Central Information Commission in March 2007.

The CIC summoned both parties for a hearing in July. LIC representatives informed
the CIC that Smt. Rambai had been paid Rs. 4,707/- as interest for the period of
delay. A technical problem in the computer module was said to have caused the
delay. Therefore no officer could be held responsible. The Commission agreed with
the appellant’s representative that fixing accountability was important as LIC had
taken a very long time to settle the claim. The appellant’s representative also pointed
out that the computer problem should have been rectified by the concerned officers in
a timely manner. LIC being a public authority has a chain of decision-making,
supervision and accountability which has to be disclosed proactively under the Act.
The Commission agreed with this view and ordered LIC to disclose the identity of all
officers who were involved in the decision making process on Smt. Rambai’s claim.

46
 Promoting the Right

RTI revive s Panchayat Social J ustice Committees i n Gujarat 83

In the course of its work in the rural areas of Panchmahals district, Gujarat, CHRI
realised that a large number of community level problems were related to the poor
functioning of panchayats and the lack of voice for the weaker sections of society. This
despite the existence of laws that made participation of representatives of such
communities mandatory in the decision-making processes of local bodies. Under the
Gujarat Panchayats Act, 1993 a Social Justice Committee (SJC) is required to be set
up for ensuring the participation of weaker sections of society in the decision-making
process of the Gram Panchayat. Panchayat members nominate adult representatives
from communities of dalits, women and religious minorities to the SJC in every village.
SJCs have the power to identify the developmental needs of the village with particular
emphasis on areas inhabited by weaker and marginalised families and make
recommendations for initiating development projects. The Panchayat has a duty to
implement these projects upon receiving sanction from the district administration.
Hardly anybody knew about the existence of SJCs in Panchmahals.

CHRI surveyed 13 villages to ascertain the existence of the SJC and assess its working.
The survey revealed that SJCs were formed only in four villages. In two villages the
Talathis (revenue officials) told CHRI that the names of the SJCs members were not
readily available. In three villages, upper caste people had been nominated to the SJC
in place of dalits and adivasis. In the remaining villages the SJC had not been constituted
at all. Where committees had been formed CHRI quizzed its members about their
roles and responsibilities. It was no surprise that they appeared clueless.

Zakir, a resident of Panchmahals had been trained to use the RTI Act at a CHRI training
workshop. He filed an RTI application before the PIO of the Taluka Development Office
seeking information about all SJCs constituted in various villages of Kalol taluka; the
names and addresses of all members and copies of the minutes of the Taluka level
meetings of the chairpersons of the SJC. Within a week Zakir was invited to the office
to discuss the issue.

When the Taluka Development Officer (TDO) told Zakir that the formation of the SJC
was not his responsibility, Zakir drew his attention to the Panchayat Act which clearly

83
http : cic.gov.in/Best Practices/Gujrat-12-August-2006.
htm - as on 28th September 2007

47
stated that the overall responsibility for ensuring the formation and smooth functioning
of the SJC lay with the TDO. The TDO conceded and assured Zakir that all information
and requested by him would be given within a few days. Subsequently the TDO sent a
circular to all Talathis instructing them to constitute SJCs. After 45 days of filing the
RTI application Zakir got the list of SJC members. He could not get the minutes of the
SJC meetings held at taluka level as they had never been recorded in the Panchayat
Resolution Book.

Today, across the taluka, SJCs have become functional - three and a half years after
the Panchayats were elected. Through the intelligent use of RTI Zakir was able to
revive a defunct mechanism meant for ensuring the participation of weaker sections
of society in the development process.

48
 Promoting the Right

49
Annex 1: Right to Information Act 2005

50
 Right to Information Act 2005

51
52
 Right to Information Act 2005

53
54
 Right to Information Act 2005

55
56
 Right to Information Act 2005

57
58
 Right to Information Act 2005

59
60
 Right to Information Act 2005

61
62
 Right to Information Act 2005

63
64
 Right to Information Act 2005

65
66
 Right to Information Act 2005

67
68
 Right to Information Act 2005

69
70
 Right to Information Act 2005

THE SECOND SCHEDULE

(See section 24)

Intelligence and security organisation established by the Central Government

1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate or Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation ResearchCentre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Sahastra Seema Bal.
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
19. Special Protection Group.
20. Defence Development & Research Organisation.
21. Board Road Development Board.
22. Financial Intelligence Unit, India.

71
 Annex 2: Fee Rules - Comparative Table
(Current as at Septempbe 2007)
Government Application Fees Additional Fees Mode of Payment
Andhra Pradesh No fee at Pradesh • A4/A3 paper-Rs 2 per page; Cash against receipt/
village level; • Larger paper-actual cost; demand draft/bankers
Rs 5 at mandal • Priced publications, printed matter cheque.
level; taxt, maps, plans, floppies, CDs,
Rs10 for all other models/material-sale price;
public • Maps/plans-actual cost; Floppy of
1.44 MB-Rs 50, CD of 700 MB
Rs 100, DVD - Rs 200;
• Samples, models-actual cost;
• Postal charges additional;

72
• Inspection of records-1st hour free
and Rs 5 for each subsequent hour of
a fraction thereoff.
Arunachal Rs 50 (electronic • Other than priced publications-Rs 5 Treasury challan.
Pradesh applications fees per page;
to be submitted • Priced Publications - price fixed
within 7 days); Rs
500 for tender Appeal Fee
documents/bids/ • First appeal to Appellate Authority
quotation/ Rs 50
business
contracts
• Jammu and Kashmir is not covered by the RTI Act because of its special constitutional status and hence
no Rules have been released
• This Fees Table is a sample guideline. CHRI does not warrant that this information is correct in all its
details. You may want to check your state Rules if you have any problems with this table.
 Government Application Fees Additional Fees Mode of Payment
Assam Rs 10 • A4/A3 paper - Rs 2 per page; Cash against receipt/
• Larger paper-actual cost; demand draft/bankers’
• Printed publications-fixed price, cheque
photocopies/extracts - Rs 2 per
page;
• Floppy/diskette-Rs 50;
• Samples/models-actual cost;
• Inspection of records-1st hour free
and Rs 5 for each subsequent 15
mins.
Bihar Rs 10 • A4/A3 paper-Rs 2 per page; Cash against receipt/
• Large paper-Rs 3 per page demand draft/bankers’
• Printed publications-fixed price, cheque/non-judicial

73
photocopies/extracts-Rs 2/-per stamp paper
page
• Floppy disket-Rs-50
• Samples/models-actual cost;
• Inspection of records-First hour free
and Rs 5 for each subsequent hour.
Appeal Fees
• First appeal to Appellate Authority
Rs. 10
Chhattisgarh Rs. 10 • A4/A3 paper-Rs. 2 per page Cash against receipt/
• Large paper-Actual cost; treasury challan.
• Printed publications-fixed price;
photocopies/extracts-Rs 2 per page;
• Floppy/diskette-Rs 50
• Samples or models-actual cost
Fee Rules - Comparative Table
 Government Application Fees Additional Fees Mode of Payment
Chhattisgarh Rs 10
• Inspection of records-Rs 50 for 1st
hour and Rs. 5 for each subsequent
15 mints.
For BPL requestors;
• If information relates to life of
perosn-to be provided in form
requested;
• If other information, which can be
given in 50 photocopied A4pages
within Rs 100-to be provided in
form requested; if more than 50
pages or cost of production more
than Rs 100-requestor to inspect

74
records/files.
Non BPL Requester;
• If information relates to life of
person-to be provided in the form
requested. cost of production at
Rs. 100 per page or calculated by
considering cost of human
resources, computer time, etc.
Appela Fee;
• First appeal to Appeallate Authority-
Rs. 50 (by post-Rs. 75)
• Second appeal to SIC-Rs. 100 (by
post Rs. 125)
Cash or nonjudicial
stamp paper
 Government Application Fees Additional Fees Mode of Payment
Central/Andaman Rs. 10 • A4/A3 paper-Rs 2 per page; Cash against receipt/
& Nicobar • Large paper-actual cost demand draft/bankers
Islands/ • Printed publications-fixed price. cheque/IPO
Chandigarh photocopies/extracts-Rs. 2 per page
• Floppy diskette- Rs. 50
• Sample/models-actual cost;
• Inspection of records-First hour free
and Rs. 5 for each subsequent hour
or fraction thereof.
Daman & Diu Rs. 25 • A-4/A-3-Rs 2 per page
Treasury challan (i.e.
(UT)/Dadra & • Large paper-actual cost
• Floppy - Rs. 50 State Bank of India.
Nagar Haveli
• CD-Rs100 Daman & State Bank of
• Sample models-actual cost Saurashtra, Diu)

75
• Inspection of records-fees per day
for 10 year old records from date of
application-Rs.100 per day. Fees
per day for 20 year old records
from date of application-additional
fee of Rs. 25 per day. No inspection
permissible for more than 3 hours a
day.
Gujarat Rs. 20 (Electronic • A-4/A-3 paper Rs. 2 per page Cash against receipt/
App. Fees to be • Large size paper-Actual cost demand draft/pay
submitted within • Printed publication-At the price fixed order/non-judicial
7 days) by such publication stamp/IPO
• Floppy/C.D/Diskette-Rs. 50
• Inspection of records-1st half hour
free, Rs. 20 for each subsequent
half hour
Fee Rules - Comparative Table
 Government Application Fees Additional Fees Mode of Payment
Goa Rs. 10 • A-4/A-3 paper-Rs. 2 per page Cash against receipt/
• Large size paper-Actual cost demand draft/bankers
• Printed publication-At the price fixed cheque
by such publication or at the cost of
Rs. 2 per page photocopy or in
printed form
• Floppy/C.D/Diskette-Rs. 50
• Inspection of records-1st hour free,
Rs. 5 for each subsequent hour or
fraction thereoff
Himachal Pradesh Rs. 10 • Printed publications-printed price; Treasury challan./
• A4/smaller paper-Rs. 10 per page; demand draft

76
• Larger paper-actual cost subject to
a minimum of Rs. 20 per page;
• Floppy-Rs. 50,
• CD-Rs. 100’
• Inspection of records-Rs.10 per 15 mins.
Haryana Rs. 50 • Printed publication-printed price, Rs. Cash against receipt/
10 per page; Treasury challan./
• A3/A4/smaller paper-Rs. 10 per demand draft/postal
page; order
• Larger paper-actual cost
• Floppy-Rs. 50
• CD-Rs. 100’
• Inspection of records-1st hour free
Rs. 10 for each subsequent 15
minutes
 Government Application Fees Additional Fees Mode of Payment
Jharkhand Rs. 10 • A4/A3 paper-Rs. 2 per page; Cash against receipt/
• Larger paper-actual cost; demand draft/bankers
• Printed publications-fixed price, cheque
photocopies/extracts-Rs. 2 per
page;
• Floppy/diskette-Rs. 50
• Sample/model-actual cost;
• Inspection of records-1st hour free,
Rs. 5 for each subsequent 15
minutes of fraction thereoff
Kerala Rs. 10 • A4 Paper copies-Rs. 2 per page Cash against receipt/
• Large size paper-actual cost of copy demand draft/bankers
• Floppy/CD-RS. 50 per item. cheque/court fee stamp
• Print copies-Rs. 2 per page;

77
• Samples/models-actual cost;
• Inspection of records-1st hour free,
Rs. 10 for each subsequent half
hour.
Karnataka Rs. 10 • A4 paper copies-Rs. 1 per page Indian postal order/
• Maps, plans, reports partial record, demand
technical data, sample or models draft/bankers’ cheque/
fee cheque/pay order drawn fixed pay order drawn in
by PIO.
favour of SPIO in cash/
• Floppy/CD/diskette or any other
electronic mode-Rs. 50 per item; or by remitting it to the
• Samples-fee fixed by PIO; treasury as per
Inspection of records-1st hour free, karnataka
Rs. 10 for each subsequent half Financial Code
hour;
• Inspection of works-fee fixed by PIO.
Fee Rules - Comparative Table
 Government Application Fees Additional Fees Mode of Payment
Madhya Pradesh Rs. 10 • Proactive disclosure information-Rs. Cash against
10 per application receipt/;
• Printed or electronic format-actual non-judcial stamp
cost;
• Floppy/diskette/video cassette-
actual cost as determined by SPIO
or SAPIO;
• Samples-cost fixed by the SPIO or
SAPIO
• Inspection of documents-Rs. 50 for
first hour or less than one hour, Rs.
Rs. 10 25 for each subsequent 15
minutes.
Appeal Fee
• First appeal to Appellate Authority

78
Rs. 50
• Second appeal to SIC-Rs. 100
Mizoram Rs. 10 • A-4/A-3 paper photocopied-Rs. 2 Cash against receipt/
per page. treasury challan/cash
• Large size paper-Actual cost
• Samples and Models-Actual cost
• Inspection of Records. Free for first
hour and Rs. 5 for each next hour
• Floppy/CD/diskette or any other
electronic mode-Rs. 50 per item
• Printed publication-At the price fixed
by such publication or at the cost of
Rs. 2 per page
Appeal Fee
• First appeal to Appellate Authority
Rs. 40; Court fee stamp
• Second appeal to SIC-Rs. 50
 Government Application Fees Additional Fees Mode of Payment
Manipur Rs. 10 • A-4/A-3 paper photocopied-Rs. 2 Cash against
per page; receipt/demand
• large size paper-Actual cost draft/bankers
• Maps, documents etc.-fixed price cheque
• Additional postal charges-No postal
charges if applicant collects in
person;
• Inspection of Records-Free for first
hour and Rs 5 for each subsequent
15 minute.
• Floppy/CD/diskette-Rs.50 per item;
• Printed publications fixed price,
photocopies/extracts-Rs2 per page.

79
Maharashtra Rs. 10 • A-4/A-3 paper photocopied Rs. 2 Application fee;
per page; Cash against
• Large size paper-Actual cost receipt/demand
• Maps, documents etc.-fixed price draft/bankers
cheque/court fee stamp.
• Additional postal charges-No postal
charges if applicant collects in person; Additional fee;
• Inspection of Records-Free for first Cash against
receipt/demand
hour and Rs. 5 for each subsequent draft/bankers
15 minute. cheque/money
• Floppy/CD/diskette-Rs.50 per item; order
• Printed publications-fixed price, Appeal fee : Cash
photocopies/extracts-Rs.2 per page. against receipt/demand
Appeal Fee: draft/bankers
• First to Appellate Authority-Rs. 20 cheque/court fee
• Second Appeal to SIC-Rs. 20 stamp.
Fee Rules - Comparative Table
 Government Application Fees Additional Fees Mode of Payment
Meghalaya Rs. 10 • A-4/A-3 paper photocopied-Rs. 2 Cash against
per page; receipt/demand
• Large size paper-Actual cost draft/bankers
• Samples and Models-Actual cost cheque
• Inspection of Records-Free for first
hour and Rs. 5 for each 15 minutes
or a fraction thereof;
• Floppy/CD/diskette or any other
electronic mode-Rs.50 per item;
• Printed publications-fixed price,
photocopies/extracts-Rs.2 per page
Negaland Rs. 10 • A-4/A-3 paper-Actual cost Cash against
• Large size paper-Actual cost receipt/demand

80
• Samples and Models-Actual cost draft/bankers
• Inspection of Records-Free for first cheque
hour and Rs. 5 for each subsequent
hour.
• Floppy/CD/diskette or any other
electronic mode-Rs. 50 per item;
• Printed publications-fixed price,
photocopies/extracts-Rs. 2per page.
Orissa Rs. 10 • A-4/A-3 paper-Rs. 2 per page; Cash/treasury
• A-4 print out from computer-Rs. 10 Challan
per page.
• Maps/plans cost fixed by the PIO
depending upon the cost of labour,
material, equipment and other
ancillary expenses;
 Government Application Fees Additional Fees Mode of Payment
• Videocassette/microfilm/microfiche Cash against
reasonable cost fixed by the PIO receipt/demand
depending upon the cost of labour,
material, equipment and other draft/bankers
ancillary expenses; cheque
• CD with cover Rs. 50
• Floppy diskette (1.44MB) Rs. 50
• Inspection of records-Free for first
hour, Rs. 5 for 15 min. or a fraction
thereof.
Appela Fee
• First appeal to Appellate Authority
Rs. 20 Court fees
• Second appeal to SIC - Rs.25 Court fees

• A-4/A-3 paper photocopied Rs. 2 Cash, demand

81
Pondicherry Rs. 10
(UT) per page Draft, bankers
• Large size paper-Actual cost cheque
• Samples and Models - Actual cost
• Inspection of records-Free for first
hour and Rs. 5 for each 15 minutes
or a fraction thereof.
• Floppy/CD diskette or any other
electronic mode Rs. 50 per item
• Printed publication - At the price
fixed by such publication or at the
cost of Rs. 2 per page photocopy or
in printed form
Punjab Rs. 10 • A-4/A-3- paper Rs. 2 (17-7-06) per Cash/draft/treasury
page Challan
• Large size paper-Actual cost
• Printed publication - At the price
Fee Rules - Comparative Table
 Government Application Fees Additional Fees Mode of Payment
fixed by such publication or at the
cost of Rs. 2 (17-7-06) per page
photocopy or in printed form
• Floppy/Diskette-Rs. 50 (17-7-06)
• Inspection of records-1st hour free,
Rs. 5 for each subsequent 15
minutes or fraction thereof (17-7-06)
Rajasthan Rs. 10 • A-4/A-3 paper photocopied Rs. 2 Cash against
per page receipt/bankers
• Large size paper-Actual cost cheque demand draft
• Samples and Models-Actual cost
• Inspection of Records-Free for first
hour and Rs. 5 for each 15 minutes
or a fraction thereof.
• Floppy/CD/diskette or any other

82
electronic mode Rs. 50 per item
• Printed publication - At the price
fixed by such publication or at the
cost of Rs. 2 per page photocopy or
in printed from.
Sikkim Rs. 100 • A4/A-3 paper photocopied-plus Bank Receipt
postal charges Rs. 10 per page
• Large size paper - Actual cost or
cost price of copy plus postal
charges
• Samples and Models, documents
Actual cost fixed by the concerned
dept. plus postal charges
• Inspection or Records-Free for first
hour and Rs. 5 for each 15 mins. or
a fraction thereof.
• Floppy/CD/diskette ro any other
electronic mode-Rs. 50 per item;
 Government Application Fees Additional Fees Mode of Payment
• Information in printed publication-At
the price fixed by such publication
plus postal charges or at the cost of
Rs. 5 per page photocopy or in
printed form
• Appeal Fees---Rs. 100
• Second Appeal to SIC - Rs. 100
Tamil Nadu Rs. 10 • A-4/A-3 paper photocopied -Rs. 2 Cash, demand
per page;
• Large size paper-Actual cost. draft or bankers
• Samples and Models-Actual cost cheque
• Inspection of Records-Free for first
hour and Rs. 5 for each one hour or
a fraction thereof;
• Floppy/CD/diskette or any other
electronic mode -Rs. 50 per item;

83
• Information in printed publication-At
the price fixed by such publication
or at the cost of Rs. 2 per page
photocopy or in printed form
Tripura Rs. 10 • A-4/A-3 paper photocopied Rs. 2
per page; Cash payment against
• Large size paper - Actual cost. receipt
• Samples and Models-Actual cost or
price of samples and models
• Inspection or Records - Free for first
hour and Rs. 5 for each 15 minutes
or a fraction thereof;
• Floppy/CD/diskette or any other
electronic mode -Rs. 50 per item;
• Printed publication-At the price fixed
by the such publication or at the
cost of Rs. 2 per page photocopy or
in printed form.
 Government Application Fees Additional Fees Mode of Payment
Uttar Pradesh Rs. 10 • A-4/A-3 paper created or Cash, demand
photocopied Rs. 2 per page; draft or bankers
Below Poverty • Large size paper-Actual cost; cheque
Line (BPL) Free • Samples or models-Actual cost price
• Floppy/CD/diskette or any other
electronic mode-Rs. 50 per item;
• Inspection or records-Rs. 10 for first
hour and Rs. 5 for each15 mints.
(or a fraction thereof);
• Publication and printed form-Actual
cost fixed or Rs. 2 per page of
photocopy or in printed form.
Uttarakhand Rs. 10 • A-4/A-3 paper-Rs 2 per page Cash /Demand draft/
• Large size paper-Actual cost bankers cheque/postal
• Printed publication-At the price fixed order/treasury challan/

84
by such publication or at the cost of
Rs 2 per page photocopy or in non-judicial stamp paper
printed form
• Floppy/Diskette-Rs 50
• Inspection of records-1st hour free,
Rs. 5 for each subsequent 15 minute
West Bengal Rs. 10 • A-4/A-3 paper created or Court fees
photocopied-Rs 2 per page
• Large size paper-Actual cost
• Sample or models-Actual cost price;
• Floppy/CD/diskette or any other
electronic mode - Rs 50 per item
• Inspection of records-Rs 5
• for each 15 minutes or a fraction
thereof
• Publication and printed form-Actual
cost fixed or Rs 2 per page of
photocopy and information in
printed from
 Appeal Rules

Annex 3: Appeal Rules

(Current as on September 2007)

The Central and State Governments have prescribed Appeals Rules under the RTI Act. CHRI has not
reproduced all of these rules here because they are quite detailed, such that a summary could miss
important information.

In general, the Appeal Rules outline the procedure that citizens should follow when making an
appeal to the departmental Appellate Authority or to the Information Commission. For a copy of the
Central Government Appeal Rules please log on to the Ministry of Personnel, Public Grievances and
Pensions RTI website at http://righttoinformation.gov.in/. To find out if your State has issued Appeal
Rules you can log on to the official state government website.

Notably, even though the RTI Act does not require a fee to be charged for filing appeals, some state
governments have prescribed appeal fees in their rules. These fees are not valid under the RTI Act.
You may wish to consider lodging a complaint with your State Information Commission requesting
the Commission to declare the rules invalid and order the public authorities not to collect appeal
fees. The states which have prescribed appeal fees are listed below:

Government Fee for Appeal Fee for Appeal Mode of Payment

to AA to IC
Arunachal Pradesh Nil. Rs 50. Treasury challan.

Bihar Rs 10. Cash against receipt/demanddra

banker’s cheque/non-judiccal
stamp paper

Chattisgarh Rs 50 Rs 100 Cash or nonjudicial stamp

By Post Rs 75 By Post Rs. 125 paper
Madhya Pradesh Rs 50. Rs 100. Cash/non-judicial stamp.
Maharashtra Rs 20. Rs 20. Cash against receipt/
demand draft/bankers’
cheque/court fee stamp.

Mizoram Rs 40 Rs 50 Court fee stamp

Orissa Rs 40. Rs 50. Court fee stamp.

Sikkim Rs 100 Rs 100 Bank Receipt

85
 Annex 4: Information Commissions -
Contact Details
(Current as on September 2007)
Central Information Commission Arunachal P radesh
Address -1 Mr. Nyodek Yonggam
Mr. Wajahat Habibullah State Chief Information Commissioner
Chief Information Commissioner
August Kranti Bhawan, Room no. 295-315
2nd Floor, B Wing, Bhikaji Kama Palace,
New Delhi
Ph. : 011-26180512/0514/0517/0532
Address-2
Club Building Old JNU Campus,
New Delhi -1100067
Off. : 011-26105041, 26717352, 26167932
Fax : 011-26186536
Email : [email protected]
Website : www.cic.gov.in
Assam Information Commission Andhra P radesh Information Commission
Mr. R.S. Mooshahary Mr. C D Arha,
State Chief information Commissioner State Chief Information Commissioner
Dispur-781006 Ground Floor, HACA Bhawan
Guwahati Opp. Public Gardens
Off. : 0361-2262704/2261676 Hyderabad-500004
Fax : 0361-2261900 Off. : 040-23230607 Mobile : 0 9949099801
Email : [email protected] ; [email protected] Fax : 040-23230592
Website : www.sicassam.in Email : [email protected]
Website : www.bsic.co.in
Andaman and N icobar Islands Bihar Information Commission
Central Information Commission Mr. Shashank Kumar Singh
Club Building, Old JNU Campus, Chief Information Commissioner
New Delhi-110067 4th Floor, Soochana Bhawan
Off. : 011-26105041, 26717352, 26167932 Bailey Road Patna-800 021
Fax : 011-261865536 Ph. : 0612-2225713
Email : [email protected] Fax : 0612-2235466
Email : [email protected]
website : www.cic.gov.in
Website : www.bsic.co.in
*Jammu and Kashmir is not covered by the RTI Act However, the J&K RTI Act, 2004 has been amended recently to enable
the constitution of an Information Commission for Jammu & Kashmir.

86
 Information Commissions

Chhattisgarh Information Commission Diu & Daman/Dadra & N agar Hav eli
Mr. A K Vijayvargia Central Information Commission,
State Chief Information Commissioner Club Building, Old JNU Campus,
Nirmal Chayya Bhawan New Delhi-110067
Near Bottle House, Mira Dattar Road Off. : 011-26105041, 26717352, 26167932
Shankar Nagar Fax : 011-26186538
Rajpur-492007 Email : [email protected]
Off. : 0771-4024406 Website : www.cic.gov.in
Email : [email protected]
Website : www.cg.nic.in/sic

G ujarat Information Commission G oa Information Commission

Mr. R.N. Das Mr. A Venkatratnam
State Chief Information Commissioner State Chief Information Commissioner
1st Floor, Bureau of Economics & Sharma Shakti Bhawan
Statistics Building Ground Floor, Patto Plaza
Sector 18, Panaji
Near Police Bhawan Goa-403401
Gandhinagar-382010 Off. : 0832-2437880
Off : 079- 23252701 /23252966 Mobile : 09860287282
Res : 079- 23254914 Email : [email protected]
Mobile : 9427306088 website : www.goa.nic.in/rtipublic/sic.aspx
Email:[email protected]
Website: www.gic.guj.nic.in

H im ac ha l P r ad es h In fo rm at io n Haryana Information Commission

C om mi ss io n Mr. G. Madhavan
Mr. P.S. Rana State Chief Information Commissioiner
State Chief Information Commissioner Chief Secretariat,
Loktus Villa, Ravensdale SCO 70- 71, Sector 8 C, Madhya Marg,
Shimla-171002 Chandigarh
Ph : 0177-2621904/2621529 Off. : 0172-2726568 Fax : 0172-2726568
Fax : 0177-2621154 Email : [email protected] Email : [email protected]
Jharkhand Information Commission Karnataka Information Commission
Mr. Hari Shankar Prasad Mr. K. K. Misra
State Chief Information Commissioner State Chief Information Commissioner
Engineering Hostel No. 2 3rd Floor, 3rd Stage, Multistoried Buildings
HEC Campus Dr. Ambedkar Road Bangalore - 560001
Dhurawa Off. : 080-22371191/93/94
Ranchi-834004 Fax : 080-22371192
Off. : 09431364947 Email : [email protected], [email protected]
Website : www.jharnet.gov.in/JSIC/JSIC.htm Website : www.kic.gov.in

87
Kerala Information Commission Mad hya Prad es h Inform ation C omm is sion
Mr. Palat Mohandas Mr. P.P. Tiwari
State Chief Information Commissioner State Chief Information Commissioner
Punnen Road Nirvachan Bhawan
Thiruvananathapuram-695039 2nd Floor, 58 Arera Hills
Off. : 0471-2320920 Bhopal - 462011
Fax : 0471-2330920 Ph. : 0755-2761366/67/68
Website : www.infokerala.org.in Fax : 0755-2761368
Website : www.mpsic.nic.in

Meghalaya Information Commission Maharashtra Information Commission

Mr. G.P. Wahlang Shri. Suresh Vinayakrao Joshi
State Chief Information Commissioner State Chief Information Commissioner
Meghalaya Secretariat 13th Floor, New Administrative Building
Room No. 226 Opposite Mantralaya,
Shillong-793001 Madame Cama Road,
Off. : 0364-2229345 Mumbai - 400 0032
Fax : 0364-2225978 Off. : 022-22856078/22793103
Email : [email protected], Mobile : +91-98215 25427
[email protected] Email : [email protected]
Website : www.megrti.gov.in [email protected]
Website : www.sic.maharashtra.gov.in

Mizoram Information Commission Manipur Information Commission

Mr. Robert Hrangdawla Mr. R. K. Angousana Singh
State Chief Information Commissioner State Chief Information Commissioner
Khatla, Capital Complex, Room No. 58, Manipur Secretariat New Block
Aizwal - 796001 Imphal - 795001
Off. : 0389-2334833/2334826 Ph. : 0385-2226302
Mobile : 09436140247 Fax : 0385-22256302
Email :

N agaland Information Commission Orissa Information Commission

Mr. P. Talitemjen Ao Mr. Dhirendra Nath Padhi
State Chief Information Commissioner State Chief Information Commission
Old Secretariat Complex, P.B. No. 148, State Guest House Annexe, Room No. 44
Kohima-797001 Unit 5, Bhubaneshwar - 751001
Nagaland Off. : 0674-2539007
Off. : 0370-2291595 Fax : 0674-2535404/403
Fax : 0370-2291798 Email : [email protected]
Email : [email protected] Website:
Website : www.nlsic.gov.in www.orissasoochanacommission.nic.in

88
 Information Commissions

P unjab Information Commission Rajasthan Information Commission

Mr. Ranjan Kashyap. Mr. M. D. Kaurani
State Chief Information Commissioner State Chief Information Commissioner
SCO No. 84-85 HCM Rajasthan Institute of P ublic
Sector 17 C Administration (OTS)
Chandigarh - 160017 Jawaharlal Nehru Marg,
Off. : 0172-4630054 Jaipur - 302017
Fax : 0172-4630052 Tel : 0141-2700645
Email : [email protected] Fax : 0141-2702342
Website : www.infocommpunjab.com Website : www.ric.rajasthan.gov.in

Sikkim Information Commission Tam il Na du Sta te Inform a tion C om m is s ion

Mr. D. K. Gazmer Mr. S. Ramakrishnan.
State Chief Information Commissioner State Chief Information Commissioner
Tashling Secretariat 89, Dr. Alagappa Road, Krishna Villa
Gangtok - 737101 Purasawakkam Chennai
Sikkim Office : 044-26403355
Website : www.cicsikkim.gov.in Website : www.tn.gov.in/rti/sic.htm

Tripura Information Commission Uttar P radesh Information Commission

Mr. B K Chakraborty Justice M. A. Khan
State Chief Information Commissioner State Chief Information Commissioner
Secretatiat Annexe Building 6th Floor Indira Bhavan, Alipore
Gurkha Basti, Pt. Nehru Complex Lucknow - 226001
P. O. : Abhaynagar Off. : 0522-2288599/2288598
Agartala - 799006
Tripura west
Off. : 0381-2218021
Mobile : +91-9436120039
Email : [email protected]

Uttarakhand Information Commission West Bengal Information Commission

Dr. R.S. Tolia Mr. Arun Bhattacharya
State Chief Information Commission State Chief Information Commissioner
C-10, Sector 1, Defence Colony, 2nd Floor, Bhabani Bhavan, Alipore
Dehradun - 248001 Kolkatta - 700027
Ph : 0135-2666778 Ph : 033-2225858
Fax : 0135-2666779 Fax : 033-2479166
Email : [email protected] Email : [email protected]
Website : www.gov.ua.nic.in/uic Website : www.rtiwb.gov.in

89
 Annex 5: Resources & links
 G ov ernment of India Right to Information Website
The official RTI website of the Ministry of Personnel, Public Grievances and Pensions which
provides links to the full text of the RTI Act and the Rules prescribed by the Central Government.
Website: http://righttoinformation.gov.in
 Right to Information - A Citizen G ateway
A RTI portal developed by the Government of India for citizens to access information published
by government departments on the web.
Website: http://rti.gov.in/
 Central Government Information Commission
The official website of the Central Information Commission which gives citizens an insight
into the functioning of the Commission, its decision making processes, decisions on appeals
and complaints, etc.
Website: http://www.cic.gov.in
 Commonwealth Human Rights Initiative
A comprehensive background to the right to information movement in India along with the
latest developments at the Centre and the States.
Email: [email protected]
Website: http://www.humanrightsinitiative.org/programs/ai/rti/india/india.htm
 National Campaign for People’s Right to Information
The NCPRI was formed to advocate for the right to information at the national level. It is a
national forum for civil society groups, activists and individuals across India to share their
experiences on the right to information and is a platform for discussion, debate and advocacy
between individuals and the Government.
Email: [email protected]
Website: www.righttoinformation.info
 India Right to Information BlogSpot
An online blog capturing the lastest debates, news and information on RTI across the country.
Website: http://www.indiarti.blogspot.com
 Parivartan (New Delhi)
A leading citizen’s group working for right to information in Delhi, which has regularly
reported on its struggles to access information from the De lhi Governme nt and has
successfully used the right to information.
Website: http://www.parivartan.com/

90
 Resources & Links

 HumJanenge ( On- Line Discussion Board, Maharashtra)

An online discussion board focused on the monitoring the use and implementation of the
right to information in India, providing a forum for discussing issues/problems and sharing
successes. Hum Janenge’s primary networking mode is via their listserve, which all members
of the public are welcome to sign up to.
Email:[email protected]
 KRIA Katte ( On-Line Discussion Board, Karnataka)
An online platform for interested groups and individuals to meet, share experiences and
spread awareness about the right to information in Karnataka. The group closely monitors
the implementation of the RTI Act in Karnataka and across the country.
Email: [email protected]
Website: http://groups.yahoo.com/group/kria
 Jankari
A call centre in Bihar for facilitating use of RTI especially by people living in villages who are
unable to read and write. The call center executives is virtually wirte applications on behalf
of the complainants. A sum of Rs. 10 as fees (under RTI provisions) is automatically charged
in the caller’s telephone bill. The caller is be alloted a registration number by the call
centre. Ph. No. : 155331
 Manjunath Trust
 Right to Information G roup, Aligarh, Uttar P radesh
Website: http://www.rtigroupaligarh.blogspot.com
 Sartian
South Asia right to information Advocates Network is an email discussion group moderated
by CHRI to share RTI but practices and push for the adoption of transparency laws in South
Asian countrys.

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92
 CHRI Programmes
CHRI’s work is based on the belief that for human rights, genuine democracy and development to
become a reality in people’s lives, there must be high standards and functional mechanisms for
accountability and participation within the Commonwealth and its member countries. Accordingly, in
addition to a broad human rights advocacy programme, CHRI advocates access to information and
access to justice. It does this through research, publications, workshops, information dissemination
and adv ocacy.

Human Rights Advocacy : CHRI makes regular submissions to official Commonwealth bodies
and member governments from time to time CHRI conducts fact finding missions and Since 1995,
has sent missions to Nigeria, Zambia, Fiji Islands and Sierra Leone. CHRI also coordinates the
Commonwealth Human Rights Network, which brings together diverse groups to build their collective
power to advocate for human rights. CHRI’s Media Unit also ensures that human rights issues are in
the public consciousness.

Access To Information : CHRI catalyses civil society and governments to take action, acts as a
hub of technical expertise in support of strong legislation, and assists partners with implementation of
good practice. CHRI works collaboratively with local groups and officials, building government and
civil society capacity, as well as advocating with policy makers. CHRI is active in South Asia, most
recently supporting the successful campaign for a national law in India provides legal drafting support
and inputs in Africa and in the Pacific, works with regional and national organisations to catalyse
interest in access legislation.

ACCESS TO JUSTICE

Police Reforms : In too many countries the police are seen as oppressive instruments of state
rather than as protectors of citizens’ rights, leading to widespread rights violations and denial of
justice. CHRI promotes systemic reform so that police act as upholders of the rule of law rather than
as instruments of the current regime. In India, CHRI’s programme aims at mobilising public support
for police reform. In East Africa and Ghana, CHRI is examining police accountability issues and
political interference.

Prison Reforms : The closed nature of prisons makes them prime centres of v iolations. CHRI aims
to open up prisons to public scrutiny by ensuring that the near defunct lay visiting system is revived.

Judici al Educati on : CHRI facilitates judicial exchange focusing on access to justice for the most
vulnerable participating judges get a rare opportunity to hear from activists and experts, focus on
pressing issues specific to their region and familiarize themselves with recent legal and procedural, as
well as social and scientific, developments relevant to their judicial work, The work was begun with
INTERIG HTS some years ago, CHRI now works independently to orient lower court judges on human
rights in the administration of justice.
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