[1] Preparation of the Information application-
There is no such prescribed format to write an application for seeking information under Right to Information, but you should try to provide some of the basic information to the PIO so that they may provide you desired information within time. Applicant shall provide his particulars clearly in the information application so that the concerned PIO may provide information accordingly. Applicant may provide as following-
• The applicant may address to PIO or APIO and if possible, specify the department/name of the office, address from where he is seeking information.
• The name of the applicant.
• The address of the applicant.
• The particulars of the desired information.
• Whether the photocopy of the document is required or inspection will be conducted by the applicant.
• Particulars of the deposited fee or if belongs to BPL category provide proof for the same.
• Signatures of the applicant and date of the application.
[2] Points to keep in mind before making request before the Public Authority-
Before preparing any information application you should keep some of the points in your mind which will help you in getting information easily and in time. Some of the points are as follows-
• Firstly, you should know about the information that you can receive by Right to Information. Thus, Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
• The applicant should know that from which public authority the desired information may be obtained. Application given to wrong Public Authority may cause unnecessary delay in getting the information or sometimes the application may be returned.
[3] Procedure after receiving any request for information under RTI-
The Public Information Officer of a public authority plays a pivotal role in making the right of citizens to information a reality. The Act casts specific duties on him and makes him liable for penalty in case of default. It is, therefore, important for a Public Information Officer to keep the following aspects in view in disposal of the applications under the Act.
[a] Applications Received Without Fee-
After receiving the application, the Public Information Officer should check whether the applicant has made the proper payment of application fee or whether the applicant is a person belonging to a Below Poverty Line (BPL) family. If application is not accompanied by the prescribed fee or the BPL Certificate, it cannot be treated as an application under the RTI Act. However, Public Information Officer should consider such application sympathetically and try to supply information sought by way of such an application.
[b] Transfer of Application-
The time limits for providing the information will begin to take effect from the date of receipt of an application. It is provided in the Right to Information Act that the PIO may seek the assistance of any other officer as he/ she considers it necessary for the proper discharge of his or her duties. Any Officer, whose assistance has been sought, shall render all assistance to the PIO and for the purposes of any contravention of the provisions of the Act, such other officer shall be treated as PIO. (See Section 5(4) and 5(5) of the Act.)
Sometimes requests are made to a public authority or PIO for information which does not concern that public authority or only a part of which is available with the public authority, remaining or whole of the information concerns another public authority or many other public authorities. Section 6(3) provides that- Where an application is made to a public authority requesting for information, (i) Which is held by another public authority; or (ii) The subject matter of which is more closely connected with the functions of another public authority.
The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer.
Provided that the transfer of an application pursuant to this sub section shall be made as soon as practicable but in no case later than five days from the date of receipt of application. Where an application is made to a public authority requesting for any information which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, the public authority to which such an application is made, shall transfer the application within 5 days to the other public authority and shall inform the applicant for the same.
A situation may arise when a person makes an application to a public authority for information, a part of which is available with that public authority and the rest of the information is scattered with more than one other public authorities. In such a case, the Public Information Officer of the public authority should give information relating to it and advise the applicant to make separate applications to the concerned public authorities for obtaining information from them. If no part of the information sought, is available with it but is scattered with more than one other public authorities, the Public Information Officer should inform the applicant that information is not available with the public authority and that the applicant should make separate applications to the concerned public authorities for obtaining information from them.
[4] Disclosure of Third-Party Information-
Information, the disclosure of which would harm the competitive position of a third party, is exempt from disclosure. Such information shall not be disclosed unless the competent authority is satisfied that larger public interest is there in the disclosure of such information.
If an applicant seeks any information which relates to or has been supplied by a third party and that third party has treated that information as confidential, the Public Information Officer shall consider whether the information should be disclosed or not. The Public Information Officer would have before disclosing such information within five days from the receipt of the application, give a written notice to the third party that the information has been sought by the applicant under the RTI Act and that he intends to disclose the information. He shall request the third party to make a submission, regarding whether the information may be disclosed. The third party shall be given a time of ten days, from the date of receipt of the notice by him, to make representation against the proposed disclosure. The Public Information Officer shall decide regarding disclosure of the information on the basis of the submission of the third party. Such a decision should be taken within forty days from the receipt of the request for information. After making the decision, the Public Information Officer should give a notice of his decision to the third party in writing.
[5] Providing Information-
The information to the applicant should ordinarily be provided in the form in which it is sought. But, if the supply of information sought in a particular form may cause harm to the safety or preservation of the records, supply of information in that form may be denied. However, the applicant may be invited to inspect the same stating the reasons.
In some cases, the applicants expect the Public Information Officer to give information in some particular proforma devised by them stating that they have a right to get information in the form in which it is sought. It need to be noted that the provision in the Act simply means that if the information is sought in the form of photocopy, it shall be provided in the form of photocopy, or if it is sought in the form of a floppy/disc, it shall be provided in that form subject to the conditions given in the Act. It does not mean that the PIO shall re arrange or re-shape or create the information. The PIO is not expected to draw conclusions or interpret for providing the information.
[6] Supply of Information-
The Public Information Officer should check whether the information sought or a part thereof is exempt from disclosure under Section 8 or Section 9 of the Act. Where a request for information is rejected, the Public Information Officer should communicate to the person making the request: (i) The reasons for such rejection; (ii) The period within which an appeal against such rejection may be preferred.
The furnished information should be specific and clear and there must not be ambiguity in the information.
[a] Supply of Part Information-
Where a request is received for access to information which is exempt from disclosure but a part of which is not exempt, and such part can be severed in such a way that the severed part does not contain exempt information then, access to that part of the information/record may be provided to the applicant.
[b] Prescribed Time Period for Supply of Information-
The Public Information Officer should supply the information within thirty days of the receipt of the request. Where the information sought for, concerns the life or liberty of a person, the same should be provided within forty-eight hours of the receipt of the request. If request for information is received through the APIO, the information may be provided within 35 days of receipt of application by the APIO in normal course. In case of an application transferred from one public authority to another public authority, reply should be provided by the concerned public authority within 30 days of the receipt of the application by that public authority in normal course and within 48 hours in case the information sought concerns the life or liberty of a person.