Thursday, October 8, 2009

Right to information - State wise procedure


What does information means?

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.

From which governments can we ask information?

Presently, nine state governments have passed right to information laws. These are Jammu & Kashmir, Delhi , Rajasthan, Madhya Pradesh, Maharashtra , Karnataka, Tamil Nadu, Goa and Assam . Hence, any citizen of India can ask information from any of these State Governments related to their respective affairs. The Central Government has recently tabled a Central Right to Information Bill in Parliament. Once that is passed, then any citizen would be able to seek information from any state or central government.

Who can ask for Information?

Any citizen can ask for information under these laws.The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

What kind of Information one can ask for?

A person can ask for any information related to the government functioning like copies of contracts of various government works, copies of bills and vouchers, status of any application filed with the government, status of various grievances or corruption cases pending, attendance registers of gardeners or sweepers in your area, log book of vehicles used by various government functionaries, list of works carried out by your MLA and MP, obtain sample of material of any government work, documents related to various policies and budgets of the governments etc

What are the types of issues can be solved using RTI?

Wherever you have a legitimate work pending, you have filed all the documents, you have completed all formalities, you have a genuine case, which the official ought to do in his normal course of duty but is not doing. For instance;
  • Issue of passport
  • Decision by the administrative authority.
  • Faulty construction
  • Issue of any type of license
  • Issue of various certificates like marriage certificate, death certificate, birth certificate, SC/ST certificate, OBC certificate etc
  • Inclusion of name in voters’ list
  • Issue of voter ID card
  • Correction of water, electricity, telephone bills
  • Any legitimate problem with a department like change of faulty meter, providing new water or electricity connection, etc
  • Filing of FIR
  • Claiming various kinds of refunds or payments etc like tax refund, medical reimbursement, Provident Fund etc

Do these laws apply to private bodies also?

The situation varies from state to state. The laws apply to any body controlled or substantially financed by the Government. In some states, the laws also apply to cooperative bodies and societies. However, there has been a demand that these laws should be made applicable to such private bodies who provide public services, like telecom companies, electricity companies etc.

What if I can not locate my PIO or APIO?

In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned public authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.

Is there an application form for seeking information?

For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. We have prepared a sample RTI application form which can be downloaded free here: RTI India.infoHowever, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of respective states to know.

How to write an RTI Application?

  • Pre-requisites:
    • Information about Public Information officer, name, address e.t.c. Locate central Government PIO's here! In case you have problems locating your PIO/APIO you can address your RTI application to the PioC/o Head of Department and send it to the concerned Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.
    • Mode of Payment available with CPIO, the fees, and Contact person to receive the application. (In most of the cases the Assistant Chief Public Information officer, ACPIO or directly the CPIO).
Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:
In person by paying cash [remember to take your receipt]
  • By Post through:
  • Demand Draft
  • Indian Postal Order
  • Money orders (only in some states)
  • Affixing Court fee Stamp (only in some states)
    Banker’s cheque
    Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application. Please see respective state rules for complete details
Application:
(Guidelines) While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
  • Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper. You can use your letter pad for asking for information.
  • The matter can be hand written, or typed. There is no compulsion of typing the content.
  • Make sure the application is eligible and easy to read.
  • There is no restriction on number of pages for asking information.
  • There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones.
  • Be very specific & ask to the point questions.Don't ask vague questions.
  • Ask as many short questions as you like ,but don't ask for voluminous information.
  • Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information.
  • Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act.
  • If the information sought is voluminous, it is better to ask it in the form of CD to save on cost.
  • Remember that, you do not need to write the reason for asking the information.
See this very good thread regarding framing of RTI application, it's format: click here!

Download the sample RTI application here from our sister resource site, http://www.rtiindia.info
  • Read these informative posts:
If you have problem in drafting RTI application or you have queries regarding any aspect of Right to Information, browse around the RTI India forum to get more information, or if you have specific question, post it at relevant forum.

What is the Application Procedure for requesting information?

  1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
  2. Reason for seeking information are not required to be given;
  3. Pay fees as may be prescribed (if not belonging to the below poverty line category).

What is the Fee?

  1. Application fees to be prescribed which must be reasonable.
  2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
  3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
  4. No fees will be charged from people living below the poverty line
  5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
Yes, there is an application fee. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee. For details see rules framed by the states on this website. For getting information, you have to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs. 5 for every subsequent hour or fraction thereof. This is according to Central Rules. For each state, see respective state rules. You can deposit fee wither in cash or through a DD or bankers cheque or postal order drawn in favor of that public authority. In some states, you can buy court fee stamps and affix it on your application. This would be treated as if you have deposited the fee. You can then deposit your application either by post or by hand.
The complete state wise and organization wise fees will be inputted later on.
An applicant under RTI Act is required to pay fee to obtain information.. There are the things you must know before you apply for application. Fee is payable on various account. Fee payable would differ from case to case depending upon the circumstances of each case. Different reasons for which fee is payable are as follows:
  • Application fee
  • If information is required in electronic media -- floppy, CD, etc charges for the same
  • Photocopy charges
  • Charges of samples to be taken or inspections to be done
  • If information is such that it requires additional work and expenses on the part of the Public Information officer, further fee is payable by the applicant depending upon the processing expenses incurred by the Public Information officer. The amount is decided by the Public Information Officer. Appeal can be filed if the applicant feels that this fee is unreasonable
Application fee is payable alongwith application, and, for the remaining the Public Information Officer will inform the applicant alongwith details of fee payable. The information would be provided to applicant only after payment of the fee required to be paid by the Public Information officer. The applicant if so desires can confirm whether the fee demanded is reasonable or not and can verify the perscribed rates of photocopy, floppy, CD, inspection etc. from the office from where the information is sought. Remember, different rates of fee are applicable to different organizations.
Fee in case of applicant being below the poverty line
Applicants who are in the category of ‘below the poverty line' are exempt from payment of fee to a certain extent. The following fee is payable by them
  • If they request an information which requires processing by Public Information officer involving expenses to be incurred by the Public Information Officer, fee for the same can be charged.
  • If such a person requires any information in printed form, photocopy, CD, floppy etc., may be certified copies thereof,  which the concerned office has already made public, then fee for the same is payable.

Are the Public Sector Unit covered under RTI?

PSUs fall within the category of public authorities. Even if the law constituting a PSU does not allow disclosure of certain categories of information, the RTI Act, 2005 overrides any such law in existence. Hence the designated PIO for the organisation under question has to provide the information. However, if an applicant seeks information, that includes commercial confidence, trade secrets or Intellectual Property Rights (IPRs) etc. the disclosure of which will affect the competitive position of that PSU, such information may not be given unless there is a larger public interest involved.

How much is the Fee?

Andaman and Nicobar (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 25 Demand Draft/ Banker’s Cheque payable to the accounts officer of the public authority and send your application to the concerned PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Andhra Pradesh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

Fee:

  • No fee for applications to public authorities at the Village level
  • Rs 5/- per application to public authorities at the Mandal level
  • Rs 10/- per application to all other public authorities
You can deposit your fees in the following manner:

  1. By post: Please make a Demand Draft/ Banker’s Cheque payable to the accounts officer or any other duly authorised officer of the public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Arunachal Pradesh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

Fee:

  • Rs. 500 per application fee for information relating to tender documents/bids/quotations/Business contracts.
  • For all other types of information Rs. 50 per application.
You can deposit your fees in the following manner:

  1. By post: Please deposit fees through Treasury Challan in Head of Account”0070 Other administrative charge”. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
Assam
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

You can deposit your fees in the following manner:

  1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque in the favour of accounts officer or any other duly authorised officer of the public authority and through Treasury Challan under the Head of Account “0070-other Administrative Services” and send your application to the PIO.For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account alongwith your RTI application.
  2. In person:You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Bihar
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.


*Since the state has not yet formulated rules, the applicant may attempt depositing the application according to the Central rules.
Central
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

You can deposit your fees in the following manner:

  1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque/Postal Order in the favour of accounts officer or any other duly authorised officer of the public authority. Send your application to the PIO.
  2. Through Post offices: You can also deposit your application in any of 629 designated postal offices across the country. Only applications for central govt. ministries/departments will be accepted at these post offices.
  3. In person:You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chandigarh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chhattisgarh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

Fee: (A) For information sought by persons below poverty line:

a) If the information sought relates to his/her life then the information will be provided in the form in which it is demanded.

b) If the information sought is not pertaining to self but if the information can be given in 50 photocopied pages (of A4 size) or the cost of production of information is within Rs. 100 (Rupees one hundred only) then the sought information will be provided in the form it is sought.

c) If the information sought involves photocopying of more than 50 pages or the cost of production exceeds Rs. 100 (Rupees one hundred only) then by recording reasons under section 7(9) of the Act the applicant will be requested to inspect the records/files in the office.

(B) For the Information sought in question-answer form (for non-BPL people); If the information pertains to individual life of the applicant then the information will be provided in form demanded. But the cost of such information produced will be Rs.100 (Rupees one hundred only) per page.

  1. By post: Please deposit your fee through Treasury Challan in the Head of Account “0070 --Sub head account- 800- Other administrative charges” and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
DadarNagarHaveli (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Daman and Diu (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please deposit your fee of Rs 25 through challan in Form- II payable at treasury (i.e., State Bank of India, Daman and State Bank of Saurashtra, Diu).
Delhi (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Goa
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Gujarat
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 20 Demand Draft/Pay Order payable to the accounts officer of the concerned public authority or affix Non-judicial stamps and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Haryana
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: An application fee of Rs. 50 shall be deposited with the SPIO/SAPIO by Treasury Challan. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
  2. In person: You can go to the office of the SPIO/SAPIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Himachal Pradesh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Rs. 10 Fees/ Charges shall be deposited in a Government Treasury under the head of account “0070 – OAS, 60 – OS, 800 –OR, 11 – Receipt head under Right to Information Act, 2005”. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
Jharkhand
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Karnataka
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: The fee of Rs. 10 shall be collected in the form of Indian postal order or D.D. or Bankers Cheque or Pay order drawn in favour of the State PIO or by remitting it to the Treasury as per Karnataka Financial Code (KFC).
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Kerala
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: The fee of Rs. 10 shall be paid through D.D./Bankers Cheque/Pay order payable to the State PIO or SAPIO or by affixing Court fee Stamp or by remitting the amount in the Government Treasury, under the head of account “0070 other administrative services-60 other services-800 other receipts-42 other items”, For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Lakshadweep (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Madhya Pradesh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please affix a Rs. 10 non-judicial stamp and send your application to the concerned PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Maharashtra
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable or by Money Order to the public authority or affix Rs.10 Court Fee Stamp and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Manipur
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Meghalaya
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Mizoram
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Nagaland
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ payable to the accounts officer/head of department/head of office of the concerned public authority or the government department/office and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Orissa
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: The application fee of Rs 20 in shape of Treasury Challan in the Schedule under the appropriate head of account. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Pondicherry (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Punjab
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 50 Demand Draft/Cheque or Treasury Challan. For Treasury Challan, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Rajasthan
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to Public Authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Sikkim
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Tamil Nadu
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 50 Demand Draft/ Banker’s Cheque payable to the Head of account as maybe specified by the public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Tripura
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. In person: YYou can go to the office of the PIO (or send someone) and deposit your application in person and pay Rs. 20 as fee in cash in his office.
Uttaranchal
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Uttar Pradesh
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable to the accounts officer in the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
West Bengal
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:

  1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
  2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.


*Since the state has not yet formulated rules, the applicant may attempt depositing the application according to the Central rules.

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