Are file notings exempt from disclosure under the RTI Act, 2005?
No file notings are not exempt from disclosure. in terms of the definition given under Section 2(i) of the Act, a record includes a file, and in terms of Section 2(j), the right to information includes access to a record.
Therefore an applicant under the RTI Act has the right to access a file, and file notings are an integral part of any file which cannot be exempt from disclosure.
2.
Can information be supplied to an RTI applicant in any form asked by him/her?
No, if the information is not available in the particular form requested, it does not have to be created in the form sought by the applicant, and information under Section 2(f) includes information in any form available with a public authority and is accessible.
3.
Can a company or a registered society apply for information under the RTI Act?
No, as per Section 3 of the Act, only Indian citizens in their individual capacity can apply for information under the RTI Act.
Corporate bodies and juristic persons cannot apply for information under the Act.
4.
If an RTI applicant asks for information, which is to be disclosed proactively does he/she has to pay the application fees?
No, if the information sought by an applicant is such that as per Section 4(1)(b) of the RTI Act it ought to be provided suo moto (on its own) by a public authority, then such information should be provided free of cost to an RTI applicant.
5.
Are all public authorities required to make proactive disclosure of information?
Yes, every public authority is required to make pro-active disclosures of all the information required to be given as per the provisions of Section 4(1) (b), unless the same is exempt under the provisions of Section 8(1).
In fact, an information system should be created so that citizens would have easy access to information without making any formal request for it".
This makes mandatory the disclosure of information on 17 points by every public authority according to the RTI Act.
6.
Are the PIOs duty bound to accept all RTI requests for information under the Act?
Yes, according to Section 5(3) of the RTI Act, every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with all requests from persons seeking information and render reasonable assistance to the persons seeking such information.
Further, misbehaviour with the applicants approaching the public authorities under the RTI Act is not acceptable, and is against Section 5(3) of the Act.
7.
Can a particular format for applying information be prescribed by a public authority?
No, a public authority cannot prescribe a particular format for seeking information.
As per Section 6(1) of the RTI Act, information can be asked in the form of a simple application.
8.
If an applicant applies for information to a public authority, which relates to another public authority, is the first public authority duty bound to transfer the RTI application to the proper public authority?
Yes, according to Section 6(3) of the RTI Act, where an application is made to a public authority requesting for an 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 or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such a transfer.
In addition the first public authority is duty bound to transfer the application to the appropriate public authority within five days of the receipt of the application, as per the provisions of Section 6(3) of the RTI Act.
