Below are answers to practical questions frequently asked by people who want to use the Right to Information (RTI) Act. (For a backgrounder on the act, click here ). The answers have been compiled with the help of Prakash Kardaley, a veteran Pune-based journalist and RTI activist, and the Commonwealth Human Rights Initiative, New Delhi.

Is it true that the RTI Act has not been implemented in states like Bihar and Uttar Pradesh?

No. The RTI has come into force in all states in the country except Jammu & Kashmir, where it does not apply anyway.

It is true that in some states like Bihar the state information commission has not yet been constituted (it has been belatedly constituted in UP). However, this does not stop you from filing applications for information under the RTI Act. The public information officer (PIO) of the department concerned has to give you the information you require. You will however not be able to lodge a second appeal with the state information Commission if you are not satisfied with the response of the PIO.

Civil society organizations must exert pressure on state governments to ensure that they constitute state information commissions. If the governments continue to drag their feet, writ petitions would have to be filed.

How does one know the name and contact details of a PIO of a department?

You don’t have to know the name of the PIO. Address your application to `The Public Information Officer’. Below that, write the address of the department.

The website www.rti.gov.in lists names and contact details of PIOs of central government departments/ministries and PIOs appointed by state governments. (Details are not available for all states).

How should an application under RTI be submitted?

You have to submit an application in writing—in the form of a letter on plain paper. No format is suggested but commonsense dictates that you put down all relevant details clearly, such as:

• your name
• the address/ fax no. where the information should be sent
• your telephone number or email address
• date on which application is sent/submitted
• name of the department from which information is sought
• what exactly is the information sought
• proof of payment of the application fee of Rs 10
• BPL category no., if applicable

Do spend some time in framing your questions that seek information. Remember that many government officials and departments are not used to parting with information. If your queries are not specific, they may get away by giving vague answers or irrelevant information. For example, if you ask for “information about road repair work done” in your area, you might get a mass of irrelevant detail. On the other hand, you will get the information you require if you ask for details of road repair contracts awarded, specific terms and conditions of each contract, dates of execution, monies spent, etc.

Click here to see some samples of how requests for information should be framed.

Do you have to submit an application in person?

No, you can send it by post, preferably by registered post or under certificate of posting. In that case the application fee of Rs 10 must be sent by demand draft drawn in favour of “the Accounts Officer” of the department.

If the query is addressed to a public authority under a state government, check the rules framed by that state government. There may be additional options available.

Can you send the application by email?

Yes, but you have to use conventional methods for submitting the application fee.

How does an illiterate person file an application?

The illiterate person can get a literate person to write the application and then affix his/her thumbprint. The illiterate person can also ask the PIO to write the application. It is the duty of the PIO to help such a person.

In what language must the application be filed?

In English, or Hindi or the official language of the area.

Can a PIO refuse an application?

Yes, but the PIO has to give valid reasons in writing. Valid reasons for refusing to take an application are:

• non-payment of application fee
the information sought is exempted from disclosure under the RTI Act. The PIO has to cite the exact provision of the Act while rejecting the application.

Information is out of the purview of the RTI Act if:

• it would prejudicially affect the sovereignty, integrity and security the country; or scientific or economic interest and relations with a foreign state
• it would lead to the commission of an offence
• its release is forbidden by a court or tribunal
• its disclosure might constitute contempt of court
• its disclosure may lead to breach of privileges of Parliament or state legislatures
• its release is likely to impede investigation or prosecution process
• it is received from a foreign government in confidence
• it is available to a person in his fiduciary relationship –unless it is in public interest
• its disclosure may endanger the life and safety of a person
• it is about commercial and trade secrets or intellectual property rights--unless it is in public interest
• it is about a source of information or assistance given in confidence for law enforcement or security purposes
• it is of a personal and private nature unless required in the larger public interest
• it involves an infringement of copyright owned by a person or body other than the State.

What should one do if the PIO refuses a valid application?

Appeal to the appellate authority, which is in the first instance, the officer senior in rank to the PIO, and in the second instance, the state or Central Information Commission. The PIO has to pay a penalty of Rs 250 per day if he is found guilty of wrongly not accepting the application.

What should one do if a department does not have a PIO?

Complain to the state information commission, which has the authority to appoint a PIO.

Do you have to be a resident of the state from which the information is sought?

No. The Act empowers every citizen of India to demand information both from the central the state governments. There is no issue of domicile involved. You can seek information from anywhere in India from any government department or agency covered by the RTI Act. You can live in Meghalaya and seek information about a matter pertaining to a state government department in Tamil Nadu. You must of course ensure that the application is sent to the correct department and address. Further, you must follow the rules declared by the central or the respective state government in filing the query or remitting the requisition fee.

If you seek information from a central government department, you can submit your application to the postmaster in the general post office in your city. The postmaster is the designated PIO for all central government departments.

What happens if you address the application to the wrong PIO?

It is the duty of the PIO to whom the application is sent to redirect it to the correct PIO and keep you informed.

Can you submit an application to an assistant PIO?

Yes. But the assistant PIO (APIO) cannot reply to your request; only the PIO can.

The position of APIO has been created as an additional facility. If there is no PIO nearby, you may submit your requisition with the nearest APIO. If any public authority has designated both PIOs and APIOs in the office, do not give your application to an APIO; insist on filing it with the PIO.

Also, if you are sending your application by post, it is preferably you directly address it to the PIO.

Is there any time limit to the information sought? Can you seek information about a project completed 5 or 10 years back?

As long as there is a government record of the matter, you can seek information. Note that old records are officially destroyed after a stipulated period so if your request pertains to a very old matter, the document may no longer be on record. In that case the PIO has to inform you of this fact.

Do you have to be an interested party in a matter to seek information about it?

No.

Do you have to give a reason for requiring the information?

No

What should you do if you are asking for information that involves powerful vested interests?

To safeguard yourself from a backlash, it is best to file such an application with signatures of many people including some well-known personalities.

What is the sort of information that people in rural areas can ask for?

The scope of information you can ask for is vast, and cannot be easily summarized. But typically, people in rural areas can ask for information such as:

• how much ration they are entitled to every month
• how must stock comes to the local ration shop every month
• how much money has been spent on the repair and construction of their roads
• when they will get an electricity connection
• what services are to be provided free in the public health centre
• why teachers are not turning up for work in the local primary school
• how they can get benefits under various government schemes
• the procedure for getting an old age pension

What is the time frame for getting a reply from the PIO?

You must get a reply within 30 calendar days of sending the request, which includes Sundays and public holidays

Is there a limit to the amount and kind of information one can ask for?

There are practical limits to the amount and kind of information you can ask. The RTI Act says that information will not be provided if gathering of the information would “disproportionately divert the resources” of the department concerned, or would be “detrimental to the safety or preservation of the record in question”.

You have to also consider the cost of photocopies (to be borne by you) if the information runs into thousands of pages.

Can you ask for information on any subject?

Some subjects are out of the purview of the RTI Act. See question above on when PIOs can refuse applications.

Is there any provision for asking for the information before 30 days?

Yes, when there is a threat to the life or liberty of a person as in the case of arrest by the police. The information in such a case must be provided within 48 hours.

Can you seek information about illegal occupation of land?

Yes. It is a land record that can be accessed even otherwise through the use of land revenue codes.

Can you seek information about religious trusts, schools, colleges, hospitals etc?

Yes, if they are directly or indirectly substantially funded by government. For example, if a trust has an office on land given free by the government, you can seek information from it. Similarly, you can seek information from schools and colleges that run on government grants.

Do NGOs come under the purview of the RTI Act?

Again, yes, if they are funded by the Indian government. However NGOs funded by foreign governments or agencies are not covered by the RTI Act.

Can you seek information under the RTI Act from large business houses, as they have also received substantial direct and indirect benefits from the government?

Technically yes, if you can prove that the business house is substantially funded by the government directly or indirectly.

Can you ask for information about government contracts?

Yes, if the contracts have already been awarded. However, information cannot be sought about contracts that are in the process of being negotiated and are therefore not on government record.

Can you apply to inspect ongoing public works being undertaken by a government or private agency, such as road works?

Yes, the RTI Act allows for physical inspection of any work being done with government money.

Can you ask to see videotaped evidence?

Yes, when recording of such evidence is mandatory. For example, in the case of custodial deaths, a post-mortem is mandatory and has to be videotaped. You can ask for a copy of the videotape.

Do cabinet decisions come under the purview of the RTI Act?

Yes, including notings made in files, but only after a decision has been taken and put on record.

How much does one have to pay for copies of documents and viewing documents in government offices?

Costs differ from state to state but the RTI Act stipulates that all costs must be reasonable. You can appeal to the state information commission if you think the charges are excessive.

Is the state information commission really powerful?

Yes, the commission has powers of a civil court. Along with the chief minister and chief secretary of a state, it is only the state information commissioner who can ask for any government file from anywhere in the state. The commission also has the authority to:

• direct a public authority to compensate an applicant for any loss suffered due to unreasonable denial of information
• direct the public authority to publish all information it is required to be published under the RTI Act
• impose penalties stipulated in the RTI Act