FREQUENTLY ASK QUESTIONS
1. What is “right to information”?
“Right to information” means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to---
(i) Inspection of work, documents, records;
(ii) Taking notes, extracts, or certified copies of documents or records;
(iii) Taking certified samples of material;
(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
2. What type of information may be obtained under the RTI Act ?
The type of information which may be obtained is defined under section 2 (f) of the Act as any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, 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.
3. Who can seek information under the RTI Act, 2005 ?
As per section 3 of the RTI Act any Indian citizen can seek information under the Act.
4. In which language a request may be made for seeking information ?
As per section 6 (1) of the RTI Act, a request may be made in English or Hindi or in the official language of the area in which the application is made.
5. Are there any public authorities exempt from providing information?
Yes, intelligence and security organizations specified in the Second Schedule to the Act are exempt from furnishing information under the Act. However, this exemption does not apply if the requested information pertains to the allegations of corruption and human rights violations.
6. Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed?
Yes, a complaint may be filed directly in this Commission under section 18 of the RTI Act, by a person:-
(a) who has been unable to submit a request to a State Public Information Officer either by reason that no such officer has been appointed under the Act, or because the State Assistant Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the State Public Information Officer or senior officer specified in subsection (1) of section 19 or this Commission;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
7. Is there any time limit for filing a complaint?
No, however, a complaint should be filed within a reasonable period, as soon as a cause of action in the matter has arisen.
8. At what stage the applicant can approach the Commission for second appeal?
An applicant can approach the Commission in second appeal under section 19 (3) of the RTI Act against the decision of the First Appellate Authority or when no decision is passed by the FAA within the specified time (maximum period of 45 days).
9. What is the difference between an Appeal and a Complaint under the RTI Act?
A second appeal under section 19 (3) of the Act is filed against an order of the FAA in a public authority or when the FAA does not make a decision within the specified time. A complaint under section 18 of the Act may be filed directly on the grounds mentioned in sub-section (1) of this section. The main difference between a complaint and a second appeal is that in the case of an appeal, this Commission may pass orders directing the SPIO to provide the requested information to the appellant in appropriate cases whereas such orders cannot be passed while dealing with a complaint.
10. Is any fee required to be paid in the case of second appeal/complaint filed in the Commission?
No fee is required to be paid alongwith the second appeal/complaint.
11. How many copies of the second appeal are required to be submitted to this Commission?
Only one copy of second appeal along with the proof of service of the appeal on the SPIO and the First Appellate Authority is to be submitted to this Commission.
12. Is there any format for filing second appeal before this Commission?
Yes, the following format of appeal has been prescribed under the RTI Rules, 2012 framed under the Act:
FORMAT OF APPEAL (See Rule 8)
(i) Name and address or the appellant
(ii) Name and address of the State Public Information Officer to whom the application was addressed
(iii) Name and address of the State Public Information Officer who gave reply to the Application
(iv) Name and address of the First Appellate Authority Who decided the First Appeal
(v) Particulars of the application
(vi) Particulars of the order(s) including number, if any, against which the appeal is preferred
(vii) Brief facts leading to the appeal
(viii) Prayer or relief sought
(ix) Grounds for the prayer or relief
(x) Any other information relevant to the appeal
(xi) Verification/authentication by the appellant
13. What are the documents required to be submitted along with second appeal?
The following documents are to be submitted along with second appeal:-
(i) a copy of the application submitted to the State Public Information Officer;
(ii) a copy of the reply received, if any, from the State Public Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the Order received, if any, from the First Appellate Authority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) an index of the documents referred to in the appeal.
14. Is it necessary to file a first appeal before the First Appellate Authority, before filing the second appeal before this Commission?
Yes, a first appeal before the First Appellate Authority should be filed before moving second appeal before this Commission. If a second appeal is filed without filing a first appeal, the same is liable to be returned.
15. Is a formal request for condonation of delay to be made if the second appeal is not filed within the specified period?
Yes. If a formal request for condonation of delay is not made alongwith the second appeal not filed in the specified time, the same is liable to be rejected.
16. Has this Commission power to admit the appeal after the expiry of the period of (90) ninety days?
Yes, if this Commission is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
17. Is the appellant required to be present in person at the time of hearing of the second appeal by this Commission?
The appellant may be present in person or through his duly authorized representative.
18. Is facility of hearing through video conferencing available?
Yes, facility of hearing through video conferencing is available at almost all district headquarters of National Informatics Centre (NIC) in the country.
19. On whom does the onus rest to prove that a denial of request is justified?
In any appeal proceedings, as per section 19 (5) of the Act, the onus to prove that a denial of a request was justified rests on the CPIO who denied the request.
20. Is the decision of this Commission binding?
Yes, it is binding under section 19 (7) of the Act.
21. What are the Public Authorities over which this Commission has jurisdiction as Second Appellate Authority?
As Second Appellate Authority, the Commission has jurisdiction over all public authorities under State Government which are established, constituted, owned, controlled and substantially financed by funds provided directly or indirectly by the Manipur Government. These include all Departments, Public Sector Undertakings under the Government of Manipur.
22. Is the complainant or the appellant entitled to hearing in the penalty proceedings under section 20 of the RTI Act?
No.
23. Is the SPIO entitled to opportunity of hearing before imposition of penalty?
Yes, the SPIO is entitled to a reasonable opportunity of hearing before any penalty is imposed on him.
24. Has this Commission power to order for penalty while deciding a complaint or an appeal?
Yes, this Commission may impose penalty on the SPIO if this Commission is of the opinion that the SPIO has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees.
25. Has this Commission power to reconsider or review its order(s) on merit?
No.
26. Has this Commission power to recommend disciplinary action against the SPIO under the applicable service rules?
Yes, this Commission may recommend for disciplinary action against the SPIO under the service rules if the Commission is of the opinion that the SPIO has, without any reasonable cause and persistently failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information.
27. Can the information/record of third party or supplied by third party and treated as confidential by third party be supplied under the Act?
Such information may be supplied only after giving a written notice to the third party and taking into account the submission of the third party. The information may be disclosed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
28. Has this Commission jurisdiction over SIC or can complaint/appeal against an order of a SIC be filed in this Commission?
No, this Commission does not have jurisdiction over a State Information Commission nor a complaint or appeal can be filed in this Commission against an order of a State Information Commission.
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