Fast Track to RTI

 Introduction to Right to Information

 Scope of RTI
 What is covered under RTI
 Fee
 Penalty Provision
 Compensation Provision

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 Introduction
Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that
every citizen has freedom of speech and expression. Right to Information Act 2005 mandates timely response to
citizen requests for government information. Right to Information empowers every citizen to seek any information
from the Government, inspect any Government documents and seek certified photocopies thereof. Right to
Information also empowers citizens to official inspect any Government work or to take the sample of material used in
any work.

The Right To Information Act (RTI) stands among the most versatile acts of the Indian Parliament. The RTI is one of the
few fundamental rights an Indian citizen holds which gives him the power to know how the tax payers’ money is being
utilized by the government. The primary objective of the RTI Act is to empower the citizens of India, provide
transparency and above all, make the government accountable to its people. This act mandates that a timely response
must be given which makes it the most powerful fundamental right in our country. There are few prime things one has
to know about the RTI. Every citizen, irrespective of caste, creed and gender maintains the right to claim information
from the government authorities.

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 Scope of RTI

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are
constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs,
which are owned, controlled or substantially financed by the Government are covered.

All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others
are indirectly covered. That is if a government department can access information from any private body under any other
Act, the same can be accessed by the citizen under the RTI Act through that government department.

Except for matters relating to national security, personal information and third party information, information about
everything else can be accessed through the RTI.

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 What is Covered under RTI
Under the provisions of the Act, any citizen may request information from a “public authority” (a body of Government
or “instrumentality of State”) which is required to reply expeditiously or within thirty days.

Right to Information includes the right to: Inspect works, documents, records. Take notes, extracts or certified copies of
documents or records. Take certified samples of material. Obtain information in form of printouts, diskettes, floppies,
tapes, video, cassettes or in any other electronic mode or through printouts.

“information” means any material in any form, including records, documents, memos, e-mails, opinions, advice, 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.

“record” includes:
a) Any document, manuscript and file
b) Any microfilm, microfiche, and facsimile copy of a document
c) Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
d) Any other material produced by a computer or any other device;

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 Fee

The Fee for Filing RTI Online is INR.10/- whereas in offline cases the RTI fees has been fixed for maximum of INR.50/-.

This payment can be made in cash, bank draft, money order or court fee Stamp. Such a stamp must be placed on the
application. The fee is not applicable to individuals falling under the BPL (Below Poverty Line) category. For them, there
is no fee. A copy of the BPL certificate must be attached to the application to receive this concession.

The Supreme Court on 20th Match’18 capped maximum RTI fees to be charged by all government authorities at Rs 50
per application and Rs 5 for photocopying charges, acknowledging concerns expressed by RTI activists that excessive
fees may act as a deterrent for information seekers. 

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 Penalty Provision
As per Section 20(1) of the RTI Act, the CIC or the SIC, has the powers to impose a penalty on the PIO, while deciding on a
complaint or a second appeal.
Penalty can be imposed, if the PIO has:
1.Refused to receive an application
2.Not furnished the requested information within 30 days of receiving the application
3.Malafidely denied the request for information
4.Knowingly given incorrect, incomplete or misleading information
5.Destroyed information which was the subject of the request
6.Obstructed in any manner, in furnishing the information

The amount of penalty shall be Rs. 250.00 per day, till the information is furnished or the application is received, subject to
a maximum of Rs. 25,000.00. The penalty has to be paid by the PIO from his salary and not by the Public Authority. The
CIC or the SIC will give the PIO a reasonable opportunity to be heard before the penalty is imposed. However the burden
of proving that he acted reasonably shall be on the PIO.
Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend disciplinary action as per the service rules
applicable to the PIO.
The First Appellate Authority (FAA) or the Public Authority (PA) are not subjected to any penalty clause under the RTI Act.

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 Compensation Provision

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.

If a compensation is sought from the Public Authority, the complainant/appellant should make a specific mention in
“prayer” or “relief sought” as well as give justification for seeking compensation and the amount of compensation
sought.

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