J K Right to Information Act: Some Important Tips for PIO’s 

For sincere and prompt delivery of the RTI applications,  the Public Information Officers can  follow the below written 25 instructions/tips  given along with  the relevant provisions and clauses of the Jammu and Kashmir Right to Information Act 2009 and JK RTI Rule 2010.

1.     The Right to information Act is given to the citizen by Jammu and Kashmir State legislature (vide Act No. VIII of 2009 dated 20^th March 2009).

2.     Never treat and make the citizen submitting RTI request to feel that you are annoyed instead render all reasonable assistance to the applicant. (Section 6 (1) )

3.     Every person residing in the state has the right to information. ( Section 3)

4.     Never reject an RTI application without citing the valid exemption clauses and that too the rejection order is to be given in writing. ( Section 7(1))

5.     An RTI applicant can submit his application through post/self or even via electronic mean. (section 6(1))

6.     An RTI applicant can be in English, Urdu or Hindi Language, it can be typed/handwritten. (section 6(1))

7.     Accept RTI application even if it is not related to your department. (Section 6(3) )

8.     Never ask the applicant any personal question, like his intention or motive for seeking information, his job, family etc. (Section 6(2) )

9.     Go through the content of the application at an earliest.

10.  And if it does not pertain to your department then transfer it to the concerned department within 5 days. (Section 6(3) )

11. Accept the initial RTI fees of Rs. 50/- in shape of Indian Postal Order, Demand Draft, Bankers Cheque, Non Judicial Stamp paper, Cash receipt or treasure voucher. ( Rule 4 of J & K RTI Rules 2010)

12. No fees to be charged from the person belonging to BPL category.  ( Section 7(5))

13. Intimate the applicant for additional fees for supplying the information along with the calculations, his right to review decision and particulars of the appellate authority. ( section 7,3(a,b)).

14. Provide Information within 30 days but related to life and liberty within 48 hours. (section, 7(1) )

15. No fees can be charged from the applicant where the information is not provided within 30 days. (section 7(6))

16. Provide the Information to the applicant in the format in which it is sought. (section 7(9) )

17. The Information which cannot be denied to the Parliament or the State Legislature shall not be denied to any person. (section, 8(i) )

18. Failure in providing or silence on any RTI application more than 30 days shall be deemed as refusal (section 7(2) ).

19. RTI extends to the whole of Jammu and Kashmir and it has come into force at once. (section 1(2,3)

20. An RTI applicant has the right to inspection of work, documents, records, he can take notes, extracts or certified copies of documents, can also take certified samples. (section 2,  i(I,II,III) )

21. RTI applicants obtain information in the form of diskettes, floppies, tapes, videos cassettes or in any other electronic or through printout. (section 2, i(IV))

22. The PIO may seek assistance of any other officers, if he considers it necessary for furnishing the Information. ( Section 5(4) )

23. The officer, who assistance is sought by the PIO is under obligation to render assistance and he shall also be treated as PIO ( Section 5(5) )

24. Never provide incorrect, incomplete and misleading information. Else you may attract penalty up to Rs. 25000/- besides disciplinary action under service rules. (Section 17(1))

25. RTI Act have overriding effect, the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in the State Official Secrets Act, Samvat 1977. (Section 19)

About Author: Raman Sharma is an RTI activist and can be reached [@] JKRTIACT@GMAIL.COM,  mob: 9796811012