Sunday, February 25, 2018

How to File RTI Online

The Right to Information Act, 2005 was introduced to help citizens secure access to information under the control of public authorities and to promote transparency and accountability in the working of all public authority. As per the RTI Act, any person who desires to obtain any information can make a request in writing or online through RTI Online, by paying the requisite fee. On receiving a request for information under the RTI Act, a Central Public Information Officer or State Public Information Officer must provide the information requested or reject the request under any of the reasons specified in the RTI Act. In this article, we look at the process for requesting information through RTI online website.

Information Obtained Under RTI

Under the RTI Act, any information in any form, including records, documents, memos, emails, 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 public authority can be requested.
RTI can be used to obtain any information held  by any authority or body or institution of self-government established or constituted:
  • by or under the Constitution;
  • by any other law made by Parliament;
  • by any other law made by State Legislature;
  • by notification issued or order made by the appropriate Government, and includes any-
    • body owned, controlled or substantially financed;
    • non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.
Obligation of Public Authority to Maintain Information
As per the RTI Act, all public authorities as defined above are required to maintain all records in an indexed manner – which facilitates access of the information through a network. Further, all public authorities are also required to endeavour to provide as much information to the public as possible, at regular intervals through various means of communication, including the internet, so that the public have minimum requirement to use the RTI Act to obtain information.
Some of the information required to be maintained by Public Authority under the RTI Act include:
  • Particulars of the organisation, function and duties.
  • Powers and duties of its officers and employees.
  • Procedure followed in the decision making process, including channels of supervision and accountability.
  • Norms set for the discharge of functions.
  • Rules, regulations, instruction, manuals and records, held by the public authority or under its control or used by its employees for discharging their functions.
  • Categories of documents held by the public authority or under its control.
  • Directory of Officers and Employees.
  • Monthly remuneration received by each of its Officers and Employees.
  • Budget allocated to each agency, including plans and proposed expenditures.
  • Manner and execution of subsidy programs.

Requesting Information under RTI Act

Any person can request information held by public authorities under the RTI Act. The request for RTI must be in writing or through Online RTI request. The request can be in English or Hindi or in the official language of the area along with the information requested and requisite fee.
On receiving a RTI request, the Public Information Officer must process the request within thirty days or reject the request stating specific reasons. When rejecting a RTI request, the Public Information Officer must provide the reason for rejection, period within which an appeal can be made against the rejection and the particulars of the appellate authority.

Information not provided under RTI

Information relating to any occurrence, event or matter which has taken place twenty years before the date of RTI request can be provided to any person making a request. Further, the public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
However, public authority are not required to give any of the following information under the RTI Act:
  • Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.
  • Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
  • Information which would cause a breach of privilege of Parliament or the State Legislature.
  • Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
  • Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
  • Information received in confidence from foreign Government.
  • Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes.
  • Information which would impede the process of investigation or apprehension or prosecution of offenders.
  • Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other Officers. However, after a decision is made public, the material on the basis of which the decision were taken can be made public.
  • Information which relates to person information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of individuals, unless the larger public interest justifies disclosure of such information.
NOTE :- Online RTI application can be made through RTI website.  The first step in RTI Online application is to create a username, and you have to fill all required field.

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