The Right to Information Act, a silent revolution, became effective from 15-06-2005. The law grants a right to the citizens to question their governments, inspect government records, take copies thereof and participate in day-to-day governance. There is no secrecy anymore in governance, except the exempted information (Sec.8 & 9)

Right to Information Protection Forum (RIPF) is an independent not for profit NGO registered in Kerala under the Charitable Societies Act. To facilitate citizens file correct RTI application, a Help Desk has been set by RIPF.

Contact:
e-mail : ripfkerala@gmail.com
SMS / call : 9447345122 / 0471 2531159
By Post : Secretary, RIPF
TC-10/1068 (1), ARA 100
Vilabhagom Gardens
Mannanthala, Thiruvananthapuram 695015

Procedure for seeking information

I. The application procedure

1. Apply in writing to the SPIO, specifying the particulars of information sought for.
2. Reasons for seeking information are not required to be given.
3. You should deposit Rs. 10/- as application fee.
4. There is no prescribed form of application. The application can be made on plain paper. The applicant should, however, have the name and complete postal address of the applicant.
5. The information that you ask for should be very precise. If you ask vague questions you will get vague answers.

II. What is Information?

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 an 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.

III. What is the fee?

1. Application fee of Rs. 10/- (Rupees ten only)
2. For availing copies
a) Rs.2/- for each page in ‘A4’ size paper
b) actual cost or price for samples or models etc.
c) for inspection of records, no fee fir the 1st hour, and a fee of Rs. 10/-for every subsequent 30 minutes.
d) in diskette or floppy or CD, Rs. 50/- (for each)
The application fee shall be by affixing court fee stamp or by cash remittance in the office of the SPIO or by demand draft/banker’s cheque/pay order or by remittance through Govt. Treasury under the h/a “0070-60-800-42 other items” – Please refer Govt. Notification in No. 11259/Cdn.5/2006 dated9-5-2006.

IV Time limit for getting information

1. 30 days from the date of application
2. 48 hours for information concerning the life or liberty of a person
3. If the interest of a third party are involved then time limit will be 40 days
4. failure to provide information within the specified period is a deemed refusal

V What could be the ground for rejection ?

1. If it is covered by exemption from disclosure. (Sec.8)
2. If it infringes copyright of any person other than the Stat. (Sec.9)

VI Who are State Public Information Officers? (SPIO)

SPIOs are officers designated by the public authorities in all administrative units of offices under Government to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the SPIO for the discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this act, such officer shall be treated as SPIO.

VII What are the duties of a SPIOs?

 SPIO shall deal with requests from persons seeking information and to render all assistance to such person.
 If the information requested is held by another public authority, the SPIO shall transfer the same, within 5 days, to such public authority and inform the applicant immediately.
 SPIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee or reject the request for any of the reasons specified in Sec. 8 or Sec. 9.
 If the SPIO fails to give decision within the period specified, he shall be deemed to have refused the request, and the fact intimated to the applicant (i) the reasons for such rejection, and (ii) the particulars of the Appellate Authority with the name and designation.

VIII. First Appeal

If an applicant is not supplied information within the prescribed time of 30 days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in the rank of SPIO. Such an appeal should be filed within a period of 30 days from the date of which the limit of thirty days of supply of information is expired or from the date on which the information or decision of the SPIO is received. He is to take a decision within 30 days of your filing appeal.

IX. Second Appeal

If you do not get a satisfactory response within 30 days from the first appellate authority or if the appellant is not satisfied with the order, he may prefer second appeal with the State Information Commission within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. Every appeal has to be filed before the Commission with self attested copies of the impugned order and copies of the documents with proper index.

(The Information Commission has also jurisdiction to receive and inquire into complaints under section 18 of the Act, if the applicant face any harassment from the public authorities)

X. Disposal of appeals and complaints by the Commission

The only drawback in the Act is that specific timeframe hasn’t fixed for the disposal of appeals by the Commission.

XI. Mandatory Disclosure by Public Authorities

The Act makes it obligatory for every public authority to make self-disclosure in respect of the particulars of its organization, functions, duties, etc. as required by XVII items under section 4 (1) (b) of the Act. Section 4 (1) (a) of the act requires that the Public Authorities shall maintain all its records duly cataloged and indexed in a manner and form which facilitates the right to information. Some public authorities have published such information and have posted on their websites.

XII. The Punity Sting

The Act provides for punishment including penalty to the State Public Information Officers, Appellate Authorities and other employees of the Public Authorities. The defaulted officers are liable to be fined and are also subject to disciplinary jurisdiction under the concerned Service Rules, subject to adjudication by the Commission, under section 20 of the Act for following offences:

1. not accepting an application;
2. delay in furnishing information without reasonable cause;
3. malafidely denying information;
4. knowingly giving incomplete, incorrect, misleading information;
5. destroying information that has been requested.

According to Section 19 (8) (b) of the Act the State Information Commission has the power to grant certain amount towards compensation, by the officials under the public authority, for any loss or other detriment suffered by a complainant.

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Don’t pay bribes to do the work for you, keep a check on that. Use Right to Information. Corruption is the misuse of public office for personal gain -