Unit V
Unit V
Business Correspondence
Syllabus
Letters under Right to Information (RTI) Act
The basic object of the RTI Act is to empower the citizens, promote transparency and
accountability in the working of the Government and make our democracy work for the people
in real sense. The Right to Information Act, 2005 empowers citizens to get information from any
'public authority'. The Public Information Officer (PIO) of a public authority plays a pivotal role
in making the right of a citizen to information a reality. The Act casts specific duties on him and
makes him liable for penalty in case of default. It is, therefore, essential for a PIO to study the
Act carefully and understand its provisions correctly. Following aspects should particularly be
kept in view while dealing with the applications under the Act.
1) What is Information?
Information is any material in any form. It includes records, documents, memos, emails,
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.
2) Right to Information under the Act
i. A citizen has a right to seek such information from a public authority which is held by
the public authority or which is held under its control.
ii. This right includes inspection of work, documents and records; taking notes, extracts or
certified copies of documents or records; and taking certified samples of material held by the
public authority or held under the control of the public authority.
iii. The Act gives the citizens a right to information at par with the Members of Parliament
and the Members of State Legislatures. According to the Act, the information, which cannot be
denied to the Parliament or a State Legislature, shall not be denied to any person.
iv. A citizen has a right to obtain an information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through print-outs provided such information
is already stored in a computer or in any other device from which the information may be
transferred to diskettes etc.
v. The Act gives the right to information only to the citizens of India. It does not make
provision for giving information to Corporations, Associations, Companies etc., which are legal
entities/persons, but not citizens.
vi. However, if an application is made by an employee or office-bearer of any Corporation,
Association, Company, NGO etc. indicating his name and such employee/office bearer is a
citizen of India; information may be supplied to him/her. In such cases, it would be presumed
that a citizen has sought information at the address of the Corporation etc.
vii. The information to the applicant should ordinarily be provided in the form in which it is
sought. However, if the supply of information sought in a particular form would
disproportionately divert the resources of the public authority or may cause harm to the safety
or preservation of the records, supply of information in that form may be denied.
viii. Only such information is required to be supplied under the Act, which already exists and
is held by the public authority or held under the control of the public authority.
ix. The PIO is not supposed to create information; or to interpret information; or to solve
the problems raised by the applicants; or to furnish replies to hypothetical questions.
3) Information Exempted From Disclosure
i. The right to seek information from a public authority is not absolute. Section 8 and 9 of
the Act enumerate the categories of information, which are exempted from disclosure.
ii. Schedule II of the Act contains the names of the Intelligence and Security Organisations
which are exempted from the purview of the Act. The exemption of the organisations, however,
does not cover supply of information relating to allegations of corruption and human rights
violations.
iii. Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information,
which is exempted from disclosure.
iv. Sub-section (2) of section 8, however, provides that information exempted under sub-
section (l) or exempted under the Official Secrets Act, l923 can be disclosed if public
interest in disclosure overweighs the harm to the protected interest.
v. Further, Sub-section (3) of section 8 provides that information exempted from disclosure
under sub-section (l), except as provided in clauses (a), (c) and (i) thereof, would cease to be
exempted after 20 years from the date of occurrence of the related event etc.
vi. It may be noted that section 8(3) of the Act does not require the public authorities to
retain records for indefinite period. The records should be retained as per the record retention
schedule applicable to the concerned public authority. Information generated in a file may
survive in the form of an OM or a letter or in any other form even after destruction of the
file/record. The Act requires furnishing of information so available after the lapse of 20 years
even if such information was exempt from disclosure under sub- section (l) of Section 8. It
means that the information, which in normal course is exempt from disclosure under sub-
section (l) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after
occurrence of the incident to which the information relates. However, the following types of
information would continue to be exempt and there would be no obligation, even after lapse of
20 years, to give any citizen:-
a. information disclosure of which would prejudicially affect the sovereignty and integrity
of India, the security, strategic, scientific or economic interest of the State, relation with foreign
state or lead to incitement of an offence;
b. information the disclosure of which would cause a breach of privilege of Parliament or
State Legislature; or
c. cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other Officers subject to the conditions given in proviso to clause (i) of sub-section( l)
of Section 8 of the Act.
4) Right to Information vis-a-vis other Acts
The RTI Act has over-riding effect vis-a-vis other laws inasmuch as the provisions of the RTI
Act would have effect notwithstanding anything inconsistent therewith contained in the
Official Secrets Act, l923, and any other law for the time being in force or in any instrument
having effect by virtue of any law other than the RTI Act.
TO
Addressee's Name,
Designation,
The Company's Name,
Full Address with Phone Number.
Subject :
Dear ____,
Through the columns of your esteemed daily, I would like to draw attention of the municipal
authorities towards the scarcity of water in our locality.
Our locality, there is no fixed time for the supply of water. Sometimes the water is not supplied
at all, consecutively for four-five days. Sometimes the water supply is for a very short time.
Others, the water are polluted. Some worms can be seen the floating in the Water several
complaints were made but all of them have fallen on deaf ears of the authorities. The authorities
have not yet taken any concrete steps to solve our water problem.
I shall be thankful to you for the publication of the above in columns of your esteemed daily.
Thanking you.
General Complaint Letter