Introduction
The Right to Information (RTI) Act, 2005 provides every citizen of India with the right to access information held by public authorities. The procedure for obtaining information is primarily governed by Sections 6 and 7 of the Act. These provisions lay down the method of making an application, payment of fees, disposal of requests, and the time limits within which information must be provided.
The RTI procedure has been designed to be simple, citizen-friendly, and accessible so that individuals can easily obtain information from government departments and public authorities.
Making an RTI Application
Under Section 6(1) of the RTI Act, a person seeking information must submit an application to the concerned Public Information Officer (PIO) or Assistant Public Information Officer (APIO) of the public authority.
The application may be submitted:
- In writing.
- Through electronic means (online, where facilities are available).
- In English, Hindi, or the official language of the area.
The applicant is not required to provide reasons for seeking the information. The RTI Act specifically states that no person shall be required to give any justification or personal details except those necessary for contacting the applicant.
Contents of the Application
The RTI application should clearly mention:
- Name and address of the applicant.
- Description of the information sought.
- Period to which the information relates.
- Contact details for communication.
- Details of the application fee paid.
The request should be specific and precise to enable the Public Information Officer to identify the required records easily.
Assistance to Applicants
If a person cannot make a written application due to illiteracy, disability, or any other reason, the Public Information Officer is required to provide reasonable assistance in reducing the oral request into writing.
This provision ensures that all citizens can exercise their right to information regardless of their educational background or physical condition.
Application Fee
An RTI application is generally accompanied by the prescribed application fee.
- For most Central Government authorities, the application fee is Rs. 10.
- State Governments may prescribe their own fee structure.
- Persons belonging to the Below Poverty Line (BPL) category are exempt from payment of application fees upon submission of valid proof.
Additional fees may be charged for:
- Photocopies of documents.
- Printed material.
- Samples or models.
- Inspection of records beyond the prescribed free period.
- Information provided in electronic form.
The applicant must be informed about any additional fee before the information is supplied.
Transfer of Application
Under Section 6(3), if the requested information pertains to another public authority, the receiving authority must transfer the application to the appropriate authority within five days and inform the applicant about the transfer.
This ensures that citizens are not disadvantaged simply because they approached the wrong public authority.
Acknowledgement of Application
Upon receiving an RTI application, the Public Information Officer generally provides an acknowledgment or receipt indicating that the application has been received for processing.
The acknowledgment helps the applicant track the status of the request and serves as proof of submission.
Disposal of Request
Information to be Provided Within 30 Days
Under Section 7(1), the Public Information Officer must either provide the requested information or reject the request within 30 days from the date of receipt of the application.
The information may be provided in various forms such as:
- Copies of documents.
- Certified records.
- Inspection of files.
- Electronic records.
- Samples or models.
Cases Involving Life or Liberty
Where the information sought concerns the life or liberty of a person, the information must be provided within 48 hours of receiving the request.
This is one of the most important provisions of the RTI Act, ensuring urgent access to information in critical situations.
Applications Submitted Through APIO
If an application is submitted to an Assistant Public Information Officer (APIO), an additional five days is added to the prescribed response period.
Therefore, the effective response period becomes 35 days.
Third Party Information
When the requested information relates to a third party and is treated as confidential, the Public Information Officer must follow the procedure prescribed under Section 11.
The third party is given an opportunity to present objections before the information is disclosed.
In such cases, the decision must generally be made within 40 days of receiving the application.
Delay in Providing Information
If the Public Information Officer fails to provide information within the prescribed time limit, the request is deemed to have been refused.
In such situations:
- The applicant can file an appeal.
- The information must be provided free of cost if the delay is attributable to the public authority.
Failure to comply with the statutory time limits may also attract penalties under the RTI Act.
Grounds for Rejection of Request
A request for information may be rejected only on grounds specified under the RTI Act, such as:
- National security and sovereignty concerns.
- Information prohibited by courts.
- Trade secrets and commercial confidence.
- Personal information causing unwarranted invasion of privacy.
- Information affecting investigation or prosecution.
- Information exempted under Sections 8 and 9 of the Act.
Whenever a request is rejected, the Public Information Officer must:
- Specify the reasons for rejection.
- Mention the period within which an appeal can be filed.
- Provide details of the appellate authority.
Appeals Against the Decision of PIO
If an applicant is dissatisfied with the decision of the Public Information Officer, or if no response is received within the prescribed time, an appeal can be filed.
First Appeal
Under Section 19(1), the applicant may file a First Appeal before the designated First Appellate Authority within 30 days.
The appellate authority generally decides the appeal within 30 to 45 days.
Second Appeal
If the applicant remains dissatisfied after the First Appeal, a Second Appeal may be filed before the:
- Central Information Commission (CIC) for Central Government authorities.
- State Information Commission (SIC) for State Government authorities.
The Second Appeal must generally be filed within 90 days from the date of the First Appellate Authority’s decision.
Penalty for Non-Compliance
The RTI Act provides strict penalties for Public Information Officers who fail to perform their duties.
The Information Commission may impose a penalty of:
- Rs. 250 per day of delay, subject to a maximum of Rs. 25,000.
The Commission may also recommend disciplinary action against the concerned officer in cases of persistent negligence or mala fide denial of information.
Important Points for Applicants
While seeking information under the RTI Act, applicants should remember the following:
- Submit the application to the correct Public Information Officer.
- Clearly describe the information required.
- Avoid asking questions that require opinions or explanations.
- Request specific records, documents, reports, or data.
- Retain copies of the application and payment receipts.
- Track statutory timelines for response and appeals.
- File appeals promptly if information is denied or delayed.
Conclusion
The procedure for obtaining information under the Right to Information Act, 2005 is simple and citizen-oriented. Through Sections 6 and 7, the Act provides a clear mechanism for submitting applications, obtaining information, and seeking remedies when information is denied. By prescribing time-bound responses, appeal mechanisms, and penalties for non-compliance, the RTI Act ensures that citizens can effectively exercise their right to know and hold public authorities accountable. The procedure has played a vital role in strengthening transparency, reducing corruption, and promoting good governance in India.