RTI Act in India Guide

Dr. Kalpeshkumar L Gupta
Founder – ProBono India
www.probono-india.in
RIGHT TO
INFORMATION
ACT IN INDIA
RIGHT TO
INFORMATION
ACT IN INDIA
January 31, 2017

Right to Information in India :-
1.Introduction
2.Recent Scenario
3.Practical Aspects
4.Short film on RTI
5.Q & A

Right to Information is a
Fundamental Right……..
Right to Information has been
judicially recognized as part of
Article 19(1)(a) of Indian Constitution
“All Citizens shall have the right to
freedom of Speech and Expression”
For proper enjoyment of freedom of
Speech and Expression, it is
imperative that correct information is
available to the Citizens.
The Right To Information is a
fundamental right in every sense of
the word because it is absolutely
essential to the healthy functioning
of a modern democracy since an
uninformed citizen cannot possibly
be expected to be a good citizen.

“Lack of Transparency was one of the main causes
for all pervading corruption and Right to
Information would lead to openness, accountability
and integrity”
- Soli Sorabji, Former Attorney General of India (1998-2004)
Why RTI Act ?

RTI in various countries :-
- Sweden (1766) Freedom of Press Act
- India is the 48th
Country to implement RTI
(enacted 15-06- 2005, came into force 12-10-2005)
- USA (1966) Freedom of Information Act
- UK (2000) Freedom of Information Act
- South Africa (2000) Promotion of Access to Info Act.
- New Zealand (1982) Official Information Act
- Pakistan (2013) Right to Information Act, 2013
- RTI in constitution of the countries like France, Brazil,
Mexico, Columbia etc..
- More than 90 countries are having act on RTI…..

RTI Act in various states
before RTI Act, 2005 :-
1. Tamil Nadu (1997)
2. Goa (1997)
3. Rajasthan (2000)
4. Karnataka (2000)
5. Delhi (2001)
6. Maharshtra (2002)
7. Assam (2002)
8. Madhya Pradesh (2003)
9. Jammu & Kashmir (2004,
Amendment In 2008, repealed,
New Law made in 2009)

Journey of Right to Information Act in India :-
Official Secret Act, 1923
The movement of RTI started in early 1990s by
Majdoor Kisaan Shakti Sanghathan (MKSS)
in Devdungri, Rajashthan
Freedom of Information Act, 2002 (repealed in RTI Act,
2005)
Right to Information Act, 2005 passed in June 15, 2005
(w.e.f. October 12, 2005)

Objective of Right to Information Act, 2005 :-
-….in order to promote transparency and accountability in the
working of every public authority,
-…..the constitution of a Central Information Commission (CIC)
and State Information Commissions (SIC) and for matters
connected therewith or incidental thereto.

Right to Information (Section 2(j)) :-
…….. includes the right to:
- Inspection of work, documents, records (Sec 2(i);
- Taking notes, extracts, or certified copies of
documents or records;
- Taking certified samples of material;
- Obtaining information in the form diskettes,
floppies, tapes, video cassettes or any other
electronic mode or through print outs where
such information is stored in a computer or any
other device

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

Records (Section 2(i)) :-
Record includes –
• Any document, manuscript and file;
• Any microfilm, microfiche and
facsimile copy of a document;
• Any reproduction of image or images
embodied in such microfilm (whether
enlarged or not; and
• Any other material produced by a
computer or any other device

Public Authority (Section 2(h)) :-
Public Authority means any authority or body or institution
of self government established or constituted –
- by or under the constitution
- by any other law made by the parliament
- by any other law made by the state legislature
- by notification issued or order made by the appropriate
government and includes any –
- body owned , controlled or substantially financed
- non government organization substantially financed,
directly or indirectly by funds provided by the
appropriate government.

Authority under RTI Act, 2005 :-
State Information
Commission
(Section 15)
Appellate Authority
Public Information
Officer (PIO)
e.g. Gujarat Industrial
Development
Corporation
Central Information
Commission,
New Delhi
(Section 12)
Appellate Authority
Central Public
Information Officer
(CPIO)
e.g. Income Tax Dept

Supply of Information to Only Citizen of India :-
The Act gives the right to information only to the
citizen of India. It does not make provision for
giving information to corporation, associations,
companies etc., which are legal entities but not
citizen.
Person living abroad can make an application to
Embassy of India in respective countries.

Pro-Active Disclosure (Section 4(1)(b)) :-
Under this section , every public authority to publish
16 category of information e.g.
1. The particular of organization , functions and duties,
2. The powers and duties of its officers and employee,
3. The procedure followed in decision making process, including
channels of supervision and accountability,
4. Directory of its officers and employees,
5. The rules, regulations instructions, manuals and records held by it
or under its control or used by its employee,
6. The budget allocated to each its agency indicating particular of all
plans, proposed expenditure and reports on disbursement made,
7. A statement of the board, council , committee and other bodies
consisting of two or more person constituted as its parts or the
purpose of its advice.
8. The monthly remuneration received by each its officer and
employee including the system of compensation as provided in its
regulations,
9. The name designation and other particular of Public Information
Officer, Appellate Authority etc…….

Information Exclusion (Section 8) :-
1. Information, disclosure of which would prejudicially affect the
sovereignty integrity of India, the security, strategic, scientific
or economic interest of the state, relation with foreign states.
2. Information which has been expressly forbidden to be published
by any court of law or tribunal or the disclosure of which may
constitute contempt of court
3. Information which relates to personal information the disclosure
of which has no relationship to any public activity or interest or
which would cause unwarranted invasion of the privacy of the
individual.
4. Information including commercial confidence, trade secrets or
intellectual property.. etc…..
5. Notwithstanding any of the exemption listed above, a
public authority may allow to access to information if public
interest in disclosure outweighs the harm to the protected
interest.

Severability (Section 10) :-
Where a request for access to information is
rejected on the ground that it is in relation to
information which is exempt from disclosure,
then,
notwithstanding anything contained in this Act,
access may be provided to that part of the
record which does not contain any information
which is exempt from disclosure under this Act
and which can reasonably be severed from any
part that contains exempt information.

Third Party Information (Section 11) :-
CPIO/SPIO after having request from applicant for the
information of third party within 5 days of the receipt will
inform third party
Third party within 10 days from the receipt of letter will reply
(positive/negative) to CPIO/SPIO.
Then CPIO/SPIO will make a decision in 40 days as whether or
not to disclose the information or record or part thereof and
give writing the notice of his decision to the third party.
Third party is entitled to prefer appeal under Section 19 of the
RTI Act.

Exempted Organization (Section 24) :-
(Schedule 2 of RTI Act)
1. Intelligence Bureau, MoH
2. Directorate of Revenue Intelligence, MoF
3. Border Security Force
4. Central Reserve Police Force
5. Central Industrial Security Force
6. National Security Guards
7. Research & Analysis Wing
8. Defense Research & Development Organization
9. Assam Rifles
10.Border Road Development Organization
11.Central Bureau of Intelligence
Total 25..
One can get the information from above org only in the
case of allegation of corruption or human rights violation

RTI success story :-
1. Attendance of village school teacher (Banda, UP)
2. Transparency in public distribution system for BPL families
(Bahraich, UP)
3. School uniform distributed. (Allahabad)
4. Exposing corruption in medicine procurement at PSU
(Koria, Chhatishgarh)
5. Payment of pension dues from railways (Bhavnagar Division)
6. Attendance of staff in the school has helped in checking
teacher’s absenteeism and student’s drop out.
7. Attendance of doctors and nurses at primary health centres
has led to improvement in health care facilities in rural area.
8. The details of supplies and food grains through rations shops
has assured the reach of entitlements to the beneficiaries.
9. Muster of roll and beneficiaries of employment guarantee
schemes has exposed corruption and ensured effective
delivery of service to the poor

For delay in RTI - IIT Kharagpur staff made to pay :-
(Indian Express, June 14, 2010)
- Prof Kumar of the IIT Kharagpur sought information on
Adjunct, visiting faculty and honorarium they received
on 4/10/2009.
- He filed a complaint to Central Information Commission
(CIC), New Delhi on 25/12/2012 as he did not get the
information from PIO.
- The CIC has penalised two officials of IIT – Kharagpur
for allegedly delaying information sought under the RTI
Act. While ordering that Rs. 15,000 /- each to be
deducted from the salaries of PIO.
- Prof also given Rs. 5,000 /- as compensation.

Student employ RTI to bring changes :-
(The Times of India, Lucknow , May 29, 2011)
- 9 RTI application filed by school children in UP government’s
health department demanding information why tobacco retail
shops are allowed to operate within the 100 yards of
educational institution of ban, who is responsible to enforce
tobacco law in Lucknow, what action should be taken against
the official for not taking any action,
- These students were part of the recently held summer training
camp in which they were taught by Magsaysay award winner
social activist Sandeep Pandey and social activist Bobby
Ramakant as how to draft an RTI application and use it as a
tool to curb corruption and make state government agencies do
their job.
- Most of the children who have filed applications are students of
Class 9 to 12
AISHWARYA
9 YEARS OLD
FILED RTI IN
NOV.2009

RTI plea by 9-year-old student
prods authorities to check over-
speeding
Source :- http://www.thehindu.com/todays-paper/tp-national/tp-kerala/rti-plea-by-9yearold-
student-prods-authorities-to-check-overspeeding/article4705006.ece May 11, 2013
S. Nirupama
Kerala

Army of RTI kid activists is
coming up
I cannot vote but at least I can participate in
the government functioning by seeking
information,” said Pawan Deep Singh, a
student of Class 8, who attended the meet.
“I am feeling empowered,” said Utkarsh
Pandey, another Class 8 student.
Source :- http://www.hindustantimes.com/India-news/Lucknow/Army-of-RTI-kid-
activists-is-coming-up/Article1-1101162.aspx July 31, 2013

RTI Facilitation in Bihar
- 155310 for RTI Helpline
- 155311 for RTI Application/Appeal
- A Rs. 10 RTI application fee will be
added to the telephone call charges
(BSNL Only)

Now RTI on wheels to answer your RTI queries :-
(Express India, Ahmedabad 23/02/2008)
- For the first time in India, a vehicle is being
exclusively designed to create awareness as well
as help the people of Gujarat to use their RTI
effectively.
- This initiative taken by Mahiti Adhikar Gujarat
Pehal (MAGP), Ahmedabad this vehicle will be
equipped by LCD computer, internet, printer,
scanner, copier. Manned by two volunteer, the
vehicle will screen films on RTI, distribute
pamphlets, hold people’s discussion on the act
and assist people to file application seeking
information

RTI on Wheels on Jammu Kashmir Yatra – July 2014

Chitkara Institutions covered under RTI Act :-
(Indian Express, Chandigarh, Dt. 1/06/2011)
- Sardavinder Goyal filed an RTI application in
September 2010 seeking some information from
MD of Chitkara Instituitions, Patiala.
- Management denied the information under RTI
saying that they are self financed institution that
received no grant from Govt. agency.
- Getting no response he filed a complaint with the
State Information Commission.
- In December 2010 Chitkara Education Trust
granted permission to run Chitkara University.
- Consequently being a university Chitkara covered
under RTI Act.

Torrent Power refuses to give information under RTI :-
(Indian Express, Ahmedabad, Dt. 19-03-2010)
Applicant had sought information on power failures, shutdowns,
interruptions at Rajnagar complex, Narayan Nagar and Paldi areas
of Ahmedabad.
The applicant had sought information regarding the types of
power failures, power outages, shutdowns, interruptions at
Rajnagar complex, Narayan Nagar road and Paldi areas in
Ahmedabad between January 1, 2009 and November 2009.
In its reply sent on January 16, 2010, the company said the
information cannot be shared as they are not a public authority as
mentioned in Section 2 (h) of the Act.
Reacting to this, the Chief Information Commissioner,
Government of India, Wajahat Habibullah, told The Indian Express:
“As far as I am concerned, yes, they (Torrent Power) have to be
under the ambit of RTI Act. But it depends on a lot of things,
including investment by the government, whether the government
has any stake or not.”

The Supreme Court said examinees have a right to inspect answer-sheets
under the transparency law. The evaluated answer-sheets are covered
under the definition of the “information” under the Right to
Information (RTI) Act, a Bench comprising Justices R V Raveendran
and A K Patnaik said.
It upheld the judgment of the Calcutta High Court which had said
“rejection for inspection of answer-sheets cannot be sustained”.
The apex court dismissed the appeals of CBSE, West Bengal Board of
Secondary Education, West Bengal Council for Higher Education,
University of Calcutta, Institute of Chartered Accountants of India and
West Bengal Central School Service Commission which had
challenged the February 5, 2009 judgment.
The apex court agreed with the findings of the High Court that the
examination conducting bodies do not retain the evaluated answer-
sheets under any “fiduciary capacity”.
SC : STUDENTS HAVE RIGHT TO EXAMINE ANSWER SHEETS
CBSE & Anthr v/s.Aditya Bandopadhyay & Athrs. (Dt. 9/08/2011)

BCCI not Public Authority
Om Prakash Kashiram v/s. BCCI*
CIC Judgment Dt. 11th July, 2011
BCCI under RTI ?
(Times of India, Dt. 30/08/2011)
National Sports (Development),
Bill 2011
BCCI, IOA & Other sports body
opposed
WADA is of the opinion that BCCI
should be covered under RTI
Bill rejected by Cabinet on 30th
August)
After the enactment of the BCCI
will be covered under RTI
* Source :- http://rti.india.gov.in/cic_decisions/CIC_LS_A_2011_001382_M_63301.pdf

BCCI under RTI ?
BCCI v Lodha: Events that led to Anurag Thakur's removal as president
(Times of India, 2/01/2017)
Justice Lodha Anurag Thakur

1. Congress – Rs. 1385.36 Crore
2. BJP – Rs. 682 Crore
3. NCP – Rs. 141.34 Crore
4. BSP – Rs. 147.18 Crore
5. RJD – Rs. 2.85 Crore etc.
The information came through a petition
filed by Hisar based RTI activist Ramesh
Verma before the Income Tax
department.
Political parties are exempted from tax
on their income through Section 13 A of
IT Act 1961. They have to, however,
maintain a book of account for
donations or income above Rs 20,000.
Rs 2,490 Crore tax-exemption given to
political parties in 5 years
(Obtained through RTI Application) :-
Source :- http://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-
years_814239.html, December 2, 2012
Subhash Chandra
Aggarwal & Anil
Bairwal
v/s.
INC, BJP, CPM,
CPI, NCP, BSP
Decided by
CIC – June 3,
2013

CIC notice to DU over rejecting RTI plea on Modi’s degree*
http://www.hindustantimes.com/india-news/cic-notice-to-du-over-rejecting-rti-plea-on-modi-s-degree/story-
hqHuvaE5dzqCx4EMn6dzTK.html Dt. 18/11/2016
Degree Row: Delhi HC Stays Operation Of CIC Ruling On RTI Plea**
http://www.timesnow.tv/india/article/degree-row-delhi-hc-stays-operation-of-cic-ruling-on-rti-plea/54590
Dt. 23/01/2017

“CIC FINES BABUS IN LESS THAN 1 % CASES”
(The Times of India, Mumbai Dt. 15/10/2011)
- CIC is handling babus with “kid-gloves” for not providing information
within the prescribed time frame of RTI. Under the act, the chief
information commissioner can impose a penalty and order
compensation and disciplinary action against erring public
information officer.
- Since 2006-07, the CIC has imposed penalties in only 648 cases (less
than 1%) under the act, even though it has disposed of 75,284
appeals/complaints out of 94,209 since 2006-2007.The CIC sanctioned
compensation in only 134 cases in six years. In 22 cases, disciplinary
action against the chief information officer.
- RTI activists feel this emboldens CPIOs, allows them to grimace at
information-seekers and does not deter other CPIOs from refusing to
give information on flimsy grounds. Anil Galgali, a RTI activist, said,
"This also demoralizes information-seekers who are denied
information on one pretext or the other, are driven away and involves
waste of time, money and energy of the information-seekers."

(C) K L GUPTA(C) K L GUPTA
49
Source :- Times of India, October 10, 2014

50
Online survey by Kalpesh Gupta
Total 105 respondents (Activists) October 2016

(C) K L GUPTA(C) K L GUPTA 51
Information Commissioners in his individual capacity
Recommendations
Ratnakar Gaikwad
Maharashtra State
Chief Information
Commissioner
March 2014 heard
759 appeals
Shailesh Gandhi
Former Central
Information
Commissioner
Prof M Sridhar
Central Information
Commissioner
Paperless office
In 97% cases on the
spot decision
Remarkable/Quality
Orders
Timely Case Disposal

- The National Council of
Educational Research & Training
(NCERT) has decided to print an
RTI message in textbook for
classes from VI to VIII, stating
that the law combats corruptions
and promotes transparency and
accountability in the government
machinery.
- The message to be displayed on
the inner side of the textbook
back cover – is expected to
reach nearly one crore students
in 2012
Govt to go textbook on RTI,extol its virtue in school :-
Hindustan Times, New Delhi Dt. 20/08/2012

A case study in the chapter depicts how a group of daily-
wage labourers, in a backward Chhattisgarh village, were
being paid lower than mandated wages. A labourer's
niece comes to know of the Act and files a petition under
it, and secures the correct wage for the workers.
Chhatisgarh puts a chapter on RTI Act in school books :-
The Indian Express, January 18, 2014

Some other latest news :-
- 66,000 RTI complaints pending in six info panels, Maharashtra
tops list (TOI, July 6, 2014)
- Fill all posts of information commissioners by August 14:
Rajasthan High Court. (TOI, July 5, 2014)
- RTI Info Penal feels powerless as Respondents ignore orders
(The New Indian Express, June 23, 2014)
- RTI his extortion tools (The Indian Express, June 30, 2014)
- Citizens to attach ID proof with RTI applications : Punjab &
Haryana High Court. (Hindustan Times, January 3, 2013)
- Judicial delays are big threat to RTI : Shailesh Gandhi (DNA,
August 30, 2010)

Navgujarat Samay, 29/05/2014
Abhiyan Maagazine

RTI ACTIVISTS KILLED :-
1. Satish Shetty from Pune. He exposed many land scam
(Jan 2010)
2. Lalitkumar Mehta from Jharkhand. He exposed
corruption in MGNRGA (May 2008)
3. Vishram Dodiya of Ahmedabad filed a RTI application to
get details about the illegal electricity connection by a
private firm. (February 2010)
4. Dattatray Patil of Kolhapur. He exposed fake
registration of handloom (May 2010)
5. Vitthal Gite - He exposed scam in local school (April
2010)
Cont..

6. Satyendra Dubey , IIT Kanpur graduate, a project
director of NHAI murdered in Gaya Bihar after fighting
corruption in the highway construction project. (Nov –
2003)
7. Manjunath IIM- L graduate was killed trying to expose
corruption in petroleum marketing. (Nov. 2005)
8. Amit Jethwa from Ahmedabad shot dead near Gujarat
High Court. He filed PIL in Gujarat HC about illegal
mining in Gir Forest….. (July 2010)
9. Shela Masood shot dead at Bhopal (August, 2011)
Cont..

SATYENDRA DUBEY (IEC)
B. Tech (IIT Kanpur),
M. Tech (BHU) – Civil Engi
Project Dir. of NHAI -
Died on 24/11/2003

MANJUNATH SHANMUGAM
IIM Lucknow (2003)
Marketing Manager of IOCL
Died Nov 2005
www.manjunathshanmugamtrust.org

Amit Jethwa, an Environmentalist & RTI Activist
shot dead opp. Gujarat High Court in July 2010

SUGGESTION ON
RTI ACTIVIST KILLINGS :-
According to RTI activist Vivek Deveshwar from Bangaluru,
“My personal advice is that if there is an issue, then only
one person should not be involved in exposing it. Let
hundreds of people come forward and seek the same
information. This will deter the culprit in question since he
cannot go around killing so many people."
“This issue should not just be limited to activists. Even the
common man should come forward and file such
applications. The government ought to take a lead in such
matters and create more awareness”

The Whistle Blowers Protection Act, 2011
(No 17of 2014) :-
Law received President accent May 12, 2014
Complainant can make complaint to Competent
Authority i.e. Central Vigilance Commission or
any prescribed.
Penalty for revealing identity of complainant –
upto 3 years imprisonment and fine upto 50, 000.
(Section 16)
Punishment for false or frivolous disclosure –
upto 2 years and fine upto 30, 000 (Section 17)

MISUSE OF RTI :-
Parents use RTI to access answer papers of kid's
classmates :- (Times of India, September 25, 2010)
- Competitive parenting has reached a new level, with parents
taking the RTI route to lay their hands on the Secondary School
Leaving Certificate (Class 10th) answer scripts of their kid's
classmates.
- Karnataka Secondary Education Board has written to the
Karnataka government seeking its permission to exempt
processing of answer sheets under RTI.
- "We're getting a lot of RTI queries for other students' papers. We
cannot encourage that. We cannot keep giving somebody's
answer sheets to others," said KSEEB director
- Students can seek a photocopy of the answer sheet for a fee of Rs
300 per paper. Revaluation costs Rs 700 and retotalling Rs 150. An
RTI request costs a mere Rs 10.

MISUSE OF RTI :-
“Man files 550 RTIs for “missing wife”
(The Times of India, Mumbai 25/07/2011)
Ramshankar Saroj, 10TH
Class pass, auto rickshaw driver has filed
around 550 RTIs in a little over three years. That works out to
around one RTI every two days.
The case in which Saroj has filed around 550 RTIs in 1,133 days
began with a missing person's complaint he filed for his wife,
Shilpa, 35, on May 21, 2008.
Ramashakar has also filed 800 RTIs to BruhadMumbai in connection
with illegal Slum Rehabilitation Authority…
(TOI, Mumbai, July 27, 2011)

MISUSE OF RTI :-
HC fines man Rs 50,000 for seeking private information RTI
(DNA, Mumbai, 7th
March 2012)
- A man pursued the litigation to Delhi High Court against his
father, regarding Sales Tax Return under RTI.
- He was denied information by PIO, Appellate Authority and CIC.
- He approached the Delhi High Court against the order of CIC.
- The information asked is confidential and private in nature. The
present appeal is abuse of the process of law and thus fine is
invited.
- The HC said the purpose of the RTI was not to enable a person
take “undue” advantage of the law to settle personal scores.

MISUSE OF RTI :-
Abstract from the judgment delivered on August 9th
, 2011
CBSE Anrs. v/s. Aditya Bandopadhyay’s Anrs. (Civil Appeal 6454/2011 Supreme Court)
- …….The nation does not want a scenario
where 75% staff of public authorities
spends 75% of their time in collecting and
furnishing information to applicant instead
of discharging their regular duties.

- 1.75 crore RTI applications filed since 2005 : Study*
- 4,800 applications are filled everyday *
* http://economictimes.indiatimes.com/news/politics-and-nation/1-75-crore-rti-applications-filed-since-2005-
study/articleshow/54705694.cms Dt. 6/10/2016

Format of Application :-
There is no prescribed format for application for seeking
information at central level. The application can be made
on simple paper. The application should however have
the name and complete postal address of the applicant.
Even in the case where the information is sought
electronically, the application should contain name and
postal address of the applicant.
States are given power under section 27 of RTI Act,
2005 to make Rules, prescribing various forms, fees for
RTI application, appeal etc.
The information seeker is not required to give reason for
seeking information. (Sec 6)

Fees for seeking Information :-
Fees of Rs. 10 with application (Cash / DD / IPO /,)*
(may vary state to state, Kerala Rs. 10, Guj. Rs. 20, Delhi Rs. 25,
Haryana Rs. 50)
Rates of Fees for other charges as prescribed in the rules are
given below.
- Rs. 2 for each page (A4/A3) created or copied
- Actual charge or cost price of a copy in a larger size copy.
- Actual cost or price for model or samples.
- For information provided in diskette/floppy etc. Rs. 50 per
diskette/floppy
* States are given power under Sec. 27 of RTI Act to make rules
prescribing forms, fees for RTI application, appeal etc.

Time limit for Providing Information :-
• Information to be provided as
expeditiously as possible and not later
than 30 days,
• 48 hours where life or liberty is involved,
• 35 days where request is given to
Assistant PIO,
• 40 days where third party is involved and
• 45 days for information about human
rights violation from listed security/
intelligence agencies.

APPELLATE AUTHORITY
Appellate officer Under RTI
Act, 2005
Vice Chancellor
Veer Narmad South Gujarat
University, Surat 2
APPELLATE AUTHORITY
Act, 2005
Vice Chancellor
University, Surat 2
STATE PUBLIC
INFORMATION OFFICER
Registrar
University, Surat 1
STATE PUBLIC
INFORMATION OFFICER
Registrar
University, Surat 1
STATE INFORMATION
COMISSIONER
Karmayogi Bhavan, State
Level Offices
Block No. 1, Second Floor,
sector-10 A Gandhinagar.
3
STATE INFORMATION
COMISSIONER
Karmayogi Bhavan, State
Level Offices
Block No. 1, Second Floor,
sector-10 A Gandhinagar.
3
(Illustration – State Level)
Flow of Appeal :-
When you file an application
for information under RTI
Act to VNSGU
30 days
1st
Appl.
90 days
2nd
Appeal
APPEAL TO BE DISPOSED IN 30
DAYS EXTENDED TO 45 DAYS
No time
limit
for
disposal
No time
limit
for
disposal
INFORMATION TO BE GIVEN IN 30 DAYSINFORMATION TO BE GIVEN IN 30 DAYS

APPELLATE AUTHORITY
Act, 2005
Aaykar Bhavan
Ahmedabad 2
APPELLATE AUTHORITY
Act, 2005
Aaykar Bhavan
Ahmedabad 2
CENTRAL PUBLIC
INFORMATION OFFICER
Aaykar Bhavan
Ahmedabad 1
CENTRAL PUBLIC
INFORMATION OFFICER
Aaykar Bhavan
Ahmedabad 1
CENTRAL INFORMATION
COMMISSIONER
August Kranti Bhavan,
Bhikaji Kama Place
New Delhi 110 066 3
CENTRAL INFORMATION
COMMISSIONER
August Kranti Bhavan,
Bhikaji Kama Place
New Delhi 110 066 3
(Illustration - Central Level)
Flow of Appeal :-
When you file an application
for information under RTI Act
to Income Tax Dept.
30 days
1st
Appl.
90 days
2nd
Appeal
No time
limit
for
disposal
No time
limit
for
disposal
INFORMATION TO BE GIVEN IN 30 DAYSINFORMATION TO BE GIVEN IN 30 DAYS

Specific Question to be asked in RTI Application :-
(1)How many number of students got GPAT-2011 stipend from
Manipal College of Pharmaceutical Science (Manipal
University, Karnataka), for academic year
2012-2013?
(2) Even though our college has applied and I am GPAT
qualified, I didn’t get stipend yet I want justification.
- Do not ask question starting from “Why”
- Ask question preferably starting from
What, When etc.

COMPLAINTS (Sec. 18) :-
If a person is unable to submit a PIO either by reason that
such an officer has not been appointed by the concerned
public authority or Asst PIO has refused to accept his or her
application or appeal for forwarding the same to the PIO or
Appellate Authority as the case may be or he has been refused
to access to any information requested by him under RTI Act
or he has not been given any response to a request for
information within time limit specified under the act or he has
been required to pay an amount of fees which he considers
unreasonable or he believes that he has been given
incomplete, misleading or false information …
He can make a complaint to Information Commission – Central
/ State Information Commission as the case may be…

Section 20 of RTI Act, 2005 PENALTIES:-
- Refused to receive an application or has not furnished any
information Rs. 250 per day till application is received or
information furnished maximum to Rs. 25,000 /-
- Malafidely denied the request for information or destroyed
information or knowingly given incorrect, incomplete,
misleading information then disciplinary action can be taken
the information officer
Section 19 (8) (b) of RTI Act, 2005 -
COMPENSATION:-
Under Section 19(8)(b) of the RTI Act, the CIC or the SIC, can
require the Public Authority to compensate the complainant /
appellant for any loss or detriment suffered. The complainant /
appellant should be able to justify the claim for compensation
as well as the amount of compensation sought.

Section 19 (8) (b) of RTI Act, 2005 - COMPENSATION:-
HC orders compensation for not providing info under RTI Act
PTI | 10:10 PM, Oct 01,2010
New Delhi, Oct 1 (PTI):
The Delhi High Court has asked the Public Information
Officer of Directorate of Delhi Health Service(DHS) to
pay Rs 50,000 as compensation to a poor man for not
providing information pertaining to his treatment in a
hospital within the stipulated time under RTI Act.

SECTION 26 of RTI ACT, 2005
GOVT TO PREPARE PROGRAMME.:-
“ The appropriate government may, to
the extent of availability of financial and
other resources –
- develop and organize educational
programmes to advance the
understanding of the public, in particular
of disadvantaged communities as to how
to exercise the rights contemplated
under this Act

Small Survey on
awareness on RTI * :-
(Informal)
1. 14% people do not know
about the RTI Act, 2005
2. 63% people do not know
how to make an RTI
Application
3. 80% people are of the
opinion that Govt. is not
taking much initiative for
dissemination of RTI Act.
4. 49% people are of the
opinion that media is not
playing active role for
dissemination of RTI Act.
* Total respondent 100 (Most of having PG degrees.)

RECOMMENDATION
Full disclosure (Pro-active) under Section 4(1)(b) of RTI Act.
RTI application/appeal formats standardization.
Various payment options for RTI application fees.
Benches of Commission to be established in the state as per
necessity.
Whistle Blower’s Bill to be passed at the earliest.
Video conferencing facility to be installed in Commission’s office for
hearing appeal/complaint.
Vacancies of Information Commissioners to be filled up at the
earliest both at the Central Level and State Level. Appeals,
Complaints are pending for months/years because of existing
vacancies.
Robust Centralized Online RTI application/appeal mechanism to be
set up.
Paper on “8 Years of RTI Act in India : An Appraisal (Kalpeshkumar L Gupta)

Cont..
RECOMMENDATION
Faster letter dispatch from office of Commission. In most of the
cases letter is prepared with a date, officials will sign the letter after
few days putting date of signature and ultimately it will be
dispatched after few days of official’s signature. This process takes
5-10 days.
Helpline centre for RTI application/appeal to be set up.
RTI Application facilitation centre to be set up at big public authority
office.
Intensive campaign for RTI Awareness as envisioned in Section 26
of RTI Act, 2005.
SMS alert service to be started for hearing date. Reminder to be sent
to parties 1-2 in advance.
* Paper on “8 Years of RTI Act in India : An Appraisal

Click on PA/FC
Figure 1 : Online RTI Application Flow

Figure 1 : Online RTI Application Flow

RTI Stall at National Book Fair, Surat
January 2016

RTI Stall at National Book Fair, Surat
January 2017

Kalpeshkumar L Gupta
Founder – ProBono India
advocatekgupta@gmail.com
Probono.in@gmail.com
www.klgupta.in
www.probono-india.in
Mob 99248 97691
(c) K L Gupta

RTI Act in India Guide

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