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HomeEnvironmental Impact AssessmentCampaign Tools And Tips

Campaign Tools And Tips

  1. Request for EIA Documents through RTI
  2. Address and payment modes for RTI Applications
  3. RTI FAQs

1.Request for EIA Documents through RTI

Stage

Document available to public on request

If Project Capacity is < 500 MW

If Project Capacity is > 500 MW

 

 

PIO

AA

2nd Appeal

PIO

AA

2nd Appeal

Before issue of ToR

1. Form 1, including proposed ToR
2. Pre Feasibility Report
4. Additional Information from proponent
4. SEIAA/ MoEF’s Letter of date of SEAC/EAC Meeting
5. Minutes of the SEAC/EAC Meeting
6. Site Visit Report, if held by SEAC/ EAC

SEIAA

SEIAA

CIC

MoEF

MoEF

CIC

On issue of ToR

7. ToR issued by SEIAA/MoEF

On announcement of Public Consultation

8. Draft EIA by project proponent
9. Executive Summary of Draft EIA by proponent

On completion of Public Consultation

10. Collated Written Response
11. Public Hearing Report by SPCB
12. Videotape of Public Hearing

SPCB

SPCB

SIC

SPCB

SPCB

SIC

Before grant/rejection of EC

13. Final EIA by proponent
14. SEIAA/ MoEF observations on the Final EIA’s adherence to TOR
15. Minutes of SEAC/EAC Meeting with proponent
16. Recommendations to issue/ reject EC by SEAC/ EAC

SEIAA

SEIAA

CIC

MoEF

MoEF

CIC

On granting of EC

17. Environmental Clearance
18. Monitoring Reports of proponents

SEIAA

SEIAA

CIC

MoEF

MoEF

CIC

19. SPCB’s Inspection Reports

SPCB

SPCB

SIC

SPCB

SPCB

SIC

2.Address and payment modes for RTI Applications

No:

Authority

Address

Accepted Payment Mode

Application Fee

Appeal Fee[1]

1

Ministry of Environment & Forests

Paryavaran Bhavan
CGO Complex, Lodhi Road
New Delhi - 110 003
Phone: 11-24362064

Cash, Indian Postal Order, DD & cheque in favour of PAO MOEF New Delhi

Rs 10

None

2

State Level Environment Impact Assessment Authority- Andhra Pradesh

Payavaran Bhawan, A-III, Industrial Estate,
Sanath Nagar, Hyderabad – 500018,
A.P
Phone: 040-23887594

 

Cash, Indian Postal Order
Public Authority:
Village: no fee
Mandal: Rs 5
Others: Rs 10

None

3

State Level Environment Impact Assessment Authority- Karnataka

7th Floor,M.S. Building,4th Phase, Bangalore- 560001.Karnataka
Phone: 080-22032497

 

Cash, Indian Postal Order

 

 

 

Rs 10

None

4

State Level Environment Impact Assessment Authority- Kerala

Pallimukku, Pettah PO, Trivandrum-695024,
Kerala
Phone: 0471-2742264

Court fee stamp, Bankers Cheque in favour of State Public Information Officer, Department of Environment & Climate Change

 

Rs 10

None

5

State Level Environment Impact Assessment Authority- Tamil Nadu

3rd Floor,
Panagal Maaligai,
No 1, Jeenis Road, Saidapet,
Chennai: 600015,
Tamil Nadu
Phone:044-24359974

Court fee stamp, Demand Draft

Rs 10

None

 

[1] No fee for applications by persons Below Poverty Line. A copy of the BPL card should be attached with the application in this case

3.RTI FAQs

  • What is the Right to Information (RTI) Act?

The Right to Information Act was passed in 2005 in order to bring more transparency and accountability in the working of the state and central government. It guarantees all citizens of India the right to access information from public authorities in both governments.

  • Who are public authorities?

Public authorities refer to all authorities, bodies, and institutions of self-government formed by the Constitution, a law by the Parliament or the State Legislature. It also includes all bodies which are owned, controlled and financed substantially by the government, and NGOs which are substantially financed by funds provided by the government.

  • Who is responsible to provide the information sought?

The Public Information Officer, who has been appointed in every public authority for this purpose, should provide the information required. So, RTI applications should be addressed to him/her. At a sub-district or sub-divisional level in public authorities, an Assistant PIO is appointed to receive applications/ appeals and forward them to the PIO.

  • How is an RTI application different from a letter/petition written to a public authority?

Unlike a regular letter/ petition for information, the RTI Act obligates the public authority to respond to the request in a time-bound manner.

There is a provision to penalize the officer who does not provide correct information within the specified deadline, and initiate disciplinary action against him/her, if required.

Also, the nature of information that you can obtain, using RTI, is vast. According to the Act, any information that can be provided to the Parliament and the State Legislatures can be made available to the people using RTI.

A person seeking any information need not give a reason for requesting information, nor is she/he required to share personal details except her/his contact address.

  • Is there a word limit for an RTI application?

Yes! It should not exceed five hundred words, including the address of the Central Public Information Officer and that of the applicant but excluding annexures.

Your application cannot be rejected information because it exceeds 500 words.

  • What should I do under RTI to obtain information?

A simple letter seeking the information you want should be made to the public authority concerned, along with a standard fee. The request letter should be addressed to the Public Information Officer of the relevant Public Authority. He/She is the official who has been given the responsibility of receiving and processing RTI requests. The name of the Public Information Officer (PIO) is not required for this purpose. The application can be addressed simply to the PIO. If you are unable to write a letter, the concerned PIO should assist you in writing the application.

  • What can be obtained using RTI?

Under the RTI, you can obtain any of the following:

  • Documents, Records, Memos, E-Mails, Opinions, Advices, Press Releases, Orders, Log Books, Contracts, Reports, Papers, Circulars, Samples, Models.
  • Data in electronic form, facsimile copy of document.
  • Microfilm, microfiche or copy of images in the microfilm.
  • What information cannot be obtained using RTI?

Information that cannot be obtained includes that:

  1. which can affect India’s integrity and sovereignty
  2. which relates to the security, strategic, scientific and economic interests of India, or which is in relation with a foreign state or which can incite violence
  3. which has been banned from publishing by any court, law or tribunal
  4. whose disclosure will amount to contempt of court
  5. whose disclosure will  cause a breach of privilege in the Parliament or State Legislature
  6. which includes trade secrets and intellectual property, the disclosure of which will harm the competitive position of a third party, unless this disclosure serves a greater public interest
  7. which is available to a person in his fiduciary relationship, unless this disclosure serves a greater public interest
  8. which has been received in confidence from a foreign government
  9. whose disclosure can endanger life or safety of any person
  10. which can impede the investigation process or apprehension or prosecution of offenders
  11. Cabinet papers on decisions till the decision has been made public
  12. which relates to personal information which has no relationship to any public activity or interest, or would cause invasion of privacy
  • What language can I ask for information in?

Information can be asked in English, Hindi or in the official language of the region where the application is filed.

  • How can I view/copy the information required?

The RTI Act specifies that you can:

  • Inspect the required documents, manuscripts & records
  • Take notes, copies of certified documents or copies of their extracts
  • Take certified samples of the material
  • Obtain information in CDs, floppies, tapes, video cassettes, print outs (when information is stored on a computer) or any electronic mode
  • How should the Authorities provide the sought information?

The information sought should be provided in the form that you want it in, unless it will ‘disproportionately divert the resources of the public authority’. Or if it is detrimental to the safety of the record to provide it in the form you have asked.

  • Is there a template to request information under RTI?

No! There is no specific format for an RTI application. But an applicant is required to include the following details:

  • Date of Application
  • Address of PIO concerned
  • Applicant’s address
  • Information Sought (It is advisable that this is asked in numbered form or as a table form as responses will also have to be given that way)
  • Form in which the information is sought- print out, CD, e-mail
  • Affix/ attach payment
  • Mention mode of payment
  • Signature

Several state and central government authorities have prescribed sample formats for RTI requests. The Ministry of Environment & Forests has specified a format here: http://envfor.nic.in/sites/default/files/app_pro.pdf

The Central Information Commission also has an appeal format. It is, however, not mandatory to follow it and an application/appeal cannot be denied information for that reason.

  • Can I file an RTI online?

This depends on the public authority concerned. The Central Government has recently launched an online RTI portal http://rtionline.gov.in/

This portal allows you to file RTI applications with select Central Government Ministries.

A few states are said to be in the process of launching a website for this.

  • What is the time frame for receiving a response?

If the information sought concerns the life and liberty of a person, the requested information has to be provided in 48 hours

Information should be provided by the PIO within 30 days of receiving the RTI request.

If the application is submitted to an APIO, then an additional 5 days will be taken to provide the response.

If the information sought concerns the life and liberty of a person, the requested information has to be provided in 48 hours.

  • Can an RTI application be returned because it was not addressed to the appropriate public authority?

No! Under the Act, the PIO to which you addressed the request for information, should forward the application to the appropriate PIO, within five days of receiving the request.

  • Do I have to pay a fee for obtaining information?

Yes! The state government decides the fee that a public authority of the state can charge for providing information. The Central Government has announced a fee of Rs 10 per application. Please check Table II (above) for the fee charged by different state governments and how they can be paid.

Keep a copy of your RTI application before you send it! Send RTI applications by Registered Post for acknowledgment of receipt

If you possess a Below Poverty Line card, you need not pay the RTI fee, and should attach a copy of the card along with the request for information.

Apart from the application fee, the public authority can also charge you for providing the information sought in printed or electronic forms. This depends on the volume of data requested. Usually, information that runs to several pages is charged at Rs 2 per page. Any additional fees required for the information will be detailed by the PIO in his response.

If the information is not provided within the stipulated 30 days, then the information has to be provided free of charge.

  • What if there is no response for my RTI application?

Then you should prefer an appeal. This appeal must be made to the Appellate Authority, who has been given the task of processing RTI appeals in every public authority. The appeal must be made within 30 days after the time by which you should have ideally received a response for your application- that is, the appeal should be filed between 30 and 60 days after your RTI application reached the public authority.

  • What if the information received is wrong/ incomplete?

You should appeal to the Appellate Authority. The appeal must be made within 30 days of receiving the response. If there is a justifiable reason for delay, the appeal can be filed even after the allowed time period.

  • Can I be refused information?

Yes! Certain information need not be shared using the RTI. In that case, information can be refused. You can still appeal against the refusal, if you think the information should be accessible under the RTI Act.

This appeal must be made to the Appellate Authority within 30 days of receiving a response.

When the PIO rejects information for your request, reasons for the refusal, how you can appeal against the refusal and the Appellate Authority to whom the appeal must be sent should also be mentioned in the his/herresponse.

  • What can I do if I am not satisfied with the response of the Appellate Authority?

In this case, you may file a second appeal with the Central/State Information Commission concerned. The appeal has to be filed within 90 days of the expiry of the response period for the RTI appeal, or within 90 of receiving a response for the appeal. Appeals can be accepted even after this time period if a valid justification for delay has been provided.

  • Is the SIC/CIC bound to issue an order in a time limit?

No, there is no time limit for the SIC/CIC order.

  • What happens to an officer who does not provide the requested information?

If the CIC/ SIC finds that a PIO has

  • unreasonably refused to receive the RTI application
  • unreasonably refused to provide the information in the time specified
  • delayed information
  • knowingly given wrong, incomplete, misleading information
  • destroyed the information requested
  • obstructed providing the information in any way

it can impose a penalty of Rs 250 daily on the PIO till he/she provides receives the application or provides the information, as the case may be. The maximum fine that can be imposed is Rs 25,000.

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