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Remember: Before filing RTI application
1/19/2010 10:43:09 PM

By Muzaffar Bhat
Srinagar, January 19, 2010:
From personal experience & knowledge, I am now in a position to offer several tips and recommendations for those planning to file Right to Information (RTI) applications. These tips will be helpful as they will make it easier for the applicant as also the PIO to respond.

First, be specific in your requests for information. Do not ask broad questions or seek information that might involve thousands of documents and files. This makes it easier for PIO/APIO to provide information, and also prevents abuse. For example, if your question is vague and not to the point, the PIO may respond stating that your request will require thousands of photostat copies and the information fee runs into lakhs of rupees. If your question or request is specific, the officials will not get the opportunity to resort to such tricks.

Use the document inspection provision, Rules 5(d)), before requesting for supply of photostat copies. Inspection is free for the first hour, and Rs 15 per hour thereafter. If your request might involve thousands of files, use this provision to examine documents and files so that you can subsequently select specific items for getting the photostat copies.

Always maintain proper and complete records of your RTI application. Make photostat copies of every application, every receipt, every response concerning your RTI application. If you speak with any officials on phone, make a note of the dates, the names of the concerned officials, and the substance of conversation. If you mail any items, send only by (1) courier, (2) Speed Post or (3) registered post, and be sure to collect payment receipts, delivery receipts etc. For example, for Speed Post, print the delivery confirmation from the Indian Postal Service’s Speed Post website. If you pay in (1) cash, (2) IPO, or (3) banker’s cheque or demand draft, be sure to make photostat copies proving the payment.

Do not entertain requests for meetings, and do not respond to queries about your reasons. There is no requirement whatsoever that you meet with any officials in person. A written response must be provided to you within 30 days as discussed earlier. It is forbidden for the PIO to inquire about the reasons of your application under Section 6(2), though it is permitted for PIOs to seek clarification on the topics of your request.

Remember that the J&K RTI Act is applicable in case of state government agencies fall and the Central agencies like BSNL, Passport Office, Army, etc will respond only if the application is filed under the Central RTI Act. The two Acts are almost identical but the fees are lower for Central Act: Rs. 10 per application and Rs 2 for each sheet of photostat copy. Also the details on the PIOs, APIOs and AAs in J&K are not on GAD website (http://jkgad.nic.in) but rather on the relevant agency websites and the Central RTI Portal (http://www.rti.gov.in).

Seek help when you are unsure what to do. There are a number of citizen-activists in J&K familiar with the RTI Act and they can be contacted by phone or e-mail for help. We are happy to review RTI applications, complaints, and appeals for those unfamiliar with RTI. We maintain a website at www.jkrtimovement.org that includes copies of the Act, Rules, forms, information brochures, articles, analyses, and useful links. We also maintain a J&K RTI news site at http://blog.jkrtimovement.org, which is update daily.


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