Skip to main content

Decade-old Right to Information regime "fails to allow" simple, uniform rules for RTI payments across India

By A Representative
A senior Right to Information (RTI) activist has taken strong exception to the way RTI rules of state governments failing to clearly indicate in whose favour non-cash payment instruments for filing RTI applications must be drawn. “It varies from public authority to public authority”, says Venkatesh Nayak in a letter he has dashed to Sanjay Kothari, secretary, Department of Personnel and Training, Government of India.
“It is unfortunate that this problem has persisted in the second decade of the implementation of the RTI Act, making it very inconvenient for citizens, particularly those living in rural areas, to make fee payments under the RTI Act”, says Nayak, who is Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi.
The problem, says Nayak, is not just faced by RTI applicants, but also Public Information Officers (PIOs), who are receive RTI pleas. “Several PIOs, across different states, have reported that they often end up paying the photocopying charges from their pockets, as withdrawal from the contingency funds gets delayed and puts them in danger of being penalised for delayed supply of information”, he points out.
This is because the “PIOs are required by the applicable financial rules to deposit all fees received from citizens in the bank accounts of their offices and make withdrawals from the funds allotted to meet contingency expenditure for paying the information reproduction charges”, the senior activist says.
Pointing out that while the RTI Rules notified by the Department of Personnel and Training, Government of India, requires all payments to be made in favour of the Accounts Officer, rules differ elsewhere.
“Several public authorities require these instruments to be drawn in favour of the DDO or the P&AO or some other authority”, says Nayak, adding, “For example, the web page of the Indian Army instructs RTI applicants to drawn up fee payment instruments in favour of “GSO-1 RTI Fund.”
Giving the example of Uttarakhand of how it has simplified the by allowing payments of all kinds of fees “in favour of the PIO or the APIO”, Nayak says, “This is a very convenient procedure for all RTI applicants as the requests for information are also addressed to these designated officers. This practice deserves to be emulated across all jurisdictions, including the Central Government.”
Nayak recommends, “The practice adopted in Uttarakhand can be uniformly adopted across the country using an existing financial procedural mechanism”, adding, “Upon a perusal of the General Financial Rules 2005 (GFR), I have found that it is possible to create a simple mechanism for making fee payments and spending the monies under the RTI Act.”
The GFR Rule 88, read with Rule 89, Nayak says, “permits the creation of a ‘Personal Deposit Account’ which can be operated by a designated officer for the purposes specified in that Rule.” The Rule 88 says, “Personal Deposit Account is a device intended to facilitate the Designated Officer thereof to credit receipts into and effect withdrawals directly from the account, subject to an overall check being exercised by the bank in which the account is authorised to be opened.”
As for the Rule 89, it says, “The Personal Deposit Account shall be authorised to be opened by a special order by the concerned Ministry or Department in consultation with the Controller General of Accounts.”

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

'Violation of Apex Court order': Delhi authorities blamed for dog-bite incidents at JLN Stadium

By A Representative   People for Animals (PFA), led by Ms. Ambika Shukla, has held the Municipal Corporation of Delhi (MCD) responsible for the recent dog-bite incidents at Jawaharlal Nehru Stadium, accusing it of violating Supreme Court directions regarding community dogs. The organisation’s on-ground fact-finding mission met stadium authorities and the two affected coaches to verify details surrounding the incidents, both of which occurred on October 3.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

From seed to soil: How transnational control is endangering food sovereignty

By Bharat Dogra  In recent decades, the world has witnessed a steady erosion of plant diversity in many countries, particularly those in the Global South that were once richly endowed with natural plant wealth. Much of this diversity has been removed from its original ecological and cultural contexts and transferred into gene banks concentrated in developed nations. While conservation of genetic resources is important, the problem arises when access to these collections becomes unequal, particularly when they fall under the control of transnational corporations.