This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Right to Information Act, 2005 (RTI Act) empowers every citizen of India to seek information from public authorities. In Uttar Pradesh, RTI applications can be filed both online through the official state portal and offline in physical form. This guide covers the complete procedure, fees, timelines, exemptions, and appeal process.
Who Can File an RTI Application?
Under Section 3 of the RTI Act, 2005, any citizen of India has the right to request information from a public authority. This right is available regardless of the reason for seeking the information — the applicant is not required to disclose why the information is sought (Section 6(2)).
Non-citizens, including foreign nationals and companies, are not entitled to file RTI applications.
What Information Can Be Sought?
“Information” under the Act (Section 2(f)) includes any material in any form — records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in electronic form.
Step-by-Step Procedure
Option 1: Online Filing (State Government Departments)
The Government of Uttar Pradesh operates an official RTI online portal at rtionline.up.gov.in for state-level public authorities.
Step 1 — Registration: Visit the portal and register by providing your name, mobile number, email ID, and address.
Step 2 — Login and Submit Application: After registration, log in to the dashboard. Select “Submit New RTI Application.”
Step 3 — Select Public Authority: Choose the correct department or public authority from the dropdown list. Selecting the wrong authority may result in delays due to transfers under Section 6(3).
Step 4 — Draft the Application: Write a clear, specific request for information. Avoid vague or overly broad requests. Frame precise questions — e.g., “Provide copies of all expenditure records of [department] for the financial year 2024-25” rather than “Provide all information about the department.”
Step 5 — Pay the Fee: Pay Rs. 10 through the online payment gateway (Net Banking, debit card, credit card, or UPI).
Step 6 — Submit and Note Reference Number: After submission, note the registration number for future tracking.
Option 2: Online Filing (Central Government Departments)
For central government departments located in UP (e.g., Income Tax, Railways, Postal, EPFO), use the central RTI portal at rtionline.gov.in. The procedure is similar.
Option 3: Offline / Physical Filing
Step 1: Write a simple application addressed to the Public Information Officer (PIO) or Central Public Information Officer (CPIO) of the concerned public authority.
Step 2: The application must contain:
- Name and contact details of the applicant
- Particulars of information sought
- Whether information is sought in print, photocopy, or electronic form
Step 3: Attach the prescribed fee of Rs. 10, payable by:
- Indian Postal Order (IPO)
- Demand Draft or Banker’s Cheque payable to the concerned public authority
- Cash (against a proper receipt)
Step 4: Submit the application by hand (against acknowledgment) or by registered post to the concerned PIO.
Fee Structure
| Item | Fee |
|---|---|
| Application fee | Rs. 10 |
| Additional fee for information | Rs. 2 per page (A4/A3 photocopy) |
| Printed copy of larger documents | Actual cost |
| Inspection of records | No fee for the first hour; Rs. 5 per subsequent 15 minutes |
| Information in electronic form (CD/DVD) | Rs. 50 per disc |
BPL Exemption: Applicants who hold a Below Poverty Line (BPL) certificate issued by the appropriate government are exempt from all fees. A copy of the BPL certificate must be attached with the application.
Timelines for Response
| Scenario | Time Limit |
|---|---|
| Normal requests | 30 days from receipt by the PIO |
| Life or liberty of a person | 48 hours |
| Transfer to correct authority (Section 6(3)) | Within 5 days of receipt |
| Third-party information (Section 11) | 40 days (additional 10 days for third-party objections) |
If no response is received within the prescribed period, the request is deemed to have been refused, and the applicant can proceed to file a first appeal.
Exemptions from Disclosure (Section 8)
The following categories of information are exempt from disclosure under Section 8(1):
- Information affecting sovereignty, integrity, security, or strategic/scientific interests of India
- Information expressly forbidden by any court or tribunal
- Information that would cause a breach of Parliamentary or State Legislature privilege
- Commercial confidence, trade secrets, or intellectual property (where disclosure would harm competitive position)
- Information available in a fiduciary relationship
- Information received in confidence from a foreign government
- Information that would endanger life or physical safety of any person
- Information that would impede investigation, apprehension, or prosecution of offenders
- Cabinet papers (including records of Council of Ministers, Secretaries, and other officers)
- Personal information with no relationship to any public activity or interest
Important: Under Section 8(2), information that cannot be denied to Parliament or a State Legislature cannot be denied to any citizen. Further, under Section 8(3), information relating to events more than 20 years old must be provided regardless of the above exemptions (except items 1, 2, and 3).
Appeal Process
First Appeal (Section 19(1))
If the PIO refuses the request, fails to respond within 30 days, or provides incomplete/misleading information:
- Where to file: Before the First Appellate Authority — an officer senior in rank to the PIO within the same public authority.
- Time limit: Within 30 days from the date of receipt of the PIO’s decision, or from the expiry of the 30-day response period.
- Decision timeline: The First Appellate Authority must dispose of the appeal within 30 days (extendable to 45 days with recorded reasons).
Second Appeal (Section 19(3))
If dissatisfied with the first appeal decision:
- Where to file: Before the Uttar Pradesh State Information Commission (for state authorities) or the Central Information Commission (for central authorities).
- Time limit: Within 90 days from the date of the first appeal decision.
- Process: The Commission may hear the appeal, require the public authority to justify its refusal, and pass binding orders.
Penalties (Section 20)
If the Information Commission finds that the PIO has, without reasonable cause, refused or delayed providing information, it may impose a penalty of Rs. 250 per day of delay, up to a maximum of Rs. 25,000. The Commission may also recommend disciplinary action against the PIO.
Practical Tips
- Frame requests precisely — seek specific documents, records, or data rather than general information about a subject.
- Always retain a copy of the application and proof of submission (acknowledgment or postal receipt).
- If uncertain about which public authority holds the information, file with the authority most likely to hold it — under Section 6(3), the PIO is obligated to transfer the application to the correct authority within 5 days.
- For state government departments, ministries, and local bodies in UP, use the state portal (rtionline.up.gov.in). For central government bodies, use rtionline.gov.in.
Useful Resources
- UP RTI Online Portal
- Central RTI Online Portal
- RTI Act, 2005 — Full Text (Government of India)
- Indian Kanoon — Section 8, RTI Act (Exemptions)
- Uttar Pradesh State Information Commission
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.