Direct answer. File your RTI to the Procurement Cell of the State Health Department or the hospital that bought the machine. Ask for the tender notice, the bid evaluation matrix, the award letter, and the equipment-utilisation audit. Fee is Rs. 10. Do this after the contract is awarded, not before.
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| Last reviewed: 10 July 2026 by the RTI Wiki editorial team. |
| What this is: A plain-English guide to using the Right to Information Act to scrutinise how public money is spent on medical equipment — ventilators, MRI machines, ICU monitors, and more. |
| Who this is for: Patients, patient advocates, journalists, and any citizen who suspects overpricing or idle equipment at a government hospital. |
| Sources: GFR 2017 (Dept of Expenditure), CVC Public Procurement Manuals, NHM BMMP data, DoPT Office Memorandum dated 07.11.2019, RTI Act 2005, and CIC decisions cited inline. Every government source is linked in Sources below. |
| Disclaimer: This is general guidance, not legal advice. For case-specific help, consult a lawyer practising in service or procurement law. |
A district hospital proudly installs a brand-new ICU ventilator. Six months later the machine is wrapped in plastic, gathering dust, because no one was trained to use it. A patient's relative hears that the machine cost the public exchequer Rs. 18 lakh when a comparable model sells for Rs. 9 lakh in the open market. Something does not add up. Who approved the price? Who picked the supplier? Was there even a fair tender?
This is the gap the Right to Information Act fills. When public money buys medical equipment, every citizen has the right to ask how that money was spent. The State and the hospital are not private buyers; they hold the funds in trust for the public. The courts call this the public-trust framework, traced back to *Sukhdev Singh v. Bhagatram* (1975) 1 SCC 421, where the Supreme Court held that bodies like ONGC and LIC are “authorities” under Article 12 because they carry public functions. That logic is the seed of the “public authority” definition in Section 2(h) of the RTI Act.
If you are entirely new to the RTI process — how the Act works, who is covered, the basic filing mechanics — start with our citizen's RTI playbook before diving into this specialised procurement guide.
Public hospitals buy everything from syringes to MRI scanners using your taxes. The rules that govern this buying are meant to stop favouritism and overpricing. Three layers of rules matter:
Before you file an RTI, it helps to understand the procurement lifecycle. Each stage produces documents that you can later request. The table below maps the standard tender stages to the records they generate and the GFR/CVC rules that govern them.
| Stage | What happens | Documents generated | Governing rule |
|---|---|---|---|
| 1. Indent / Demand | A hospital or health department identifies a need (e.g., 50 ICU ventilators) and sends an indent to the procurement cell. | Indent slip, technical specification sheet, annual procurement plan entry | GFR 2017, Rule 144 (annual procurement plan) |
| 2. Tender notice | The procurement cell publishes a Notice Inviting Tender (NIT) on CPPP / GeM / state portal with specs, eligibility, and the bid submission deadline. | Tender notice / NIT, corrigenda (if any), pre-bid meeting minutes | GFR 2017, Rule 161 (advertised tender); Rule 160 (e-procurement) |
| 3. Bid submission | Suppliers submit technical and financial bids in sealed covers or via the e-procurement portal before the deadline. | Technical bid, financial bid (sealed), bid security / EMD | CVC Integrity Pact guidelines |
| 4. Tender opening | Bids are opened publicly on the due date. The number of bidders and their names are read out. | Bid opening sheet, list of bidders, EMD status | CVC “Check Points” — Tender Opening stage |
| 5. Technical evaluation | A Technical Evaluation Committee scores each bid against the specification. Technically unqualified bids are rejected. | Technical evaluation sheet, rejection notes for failed bids | GFR 2017, Rule 152 (evaluation criteria) |
| 6. Financial evaluation | The financial bids of only technically-qualified bidders are opened. The lowest evaluated bid (L1) is identified. | Financial comparison chart, L1 determination memo | GFR 2017, Rule 152; CVC evaluation guidelines |
| 7. Award / Supply order | The contract is awarded to L1 (or the ranked bidder in a combined-score system). A supply order / award letter is issued. | Award letter, supply order, contract / PO, warranty terms | GFR 2017, Rule 161 |
| 8. Installation & commissioning | The supplier installs the equipment, trains hospital staff, and hands over the machine after an acceptance test. | Installation report, acceptance test certificate, training record | OEM warranty terms; NHM BMMP guidelines |
| 9. AMC / warranty period | During the warranty (and any extended AMC), the supplier maintains the machine. Breakdowns are logged. | AMC contract, service logs, breakdown register, uptime reports | Contract AMC clause; NHM BMMP |
| 10. Utilisation audit | The BMMP or an internal audit checks how many hours the machine has actually been used versus downtime. | BMMP inspection report, utilisation audit, downtime data | NHM BMMP framework |
The RTI Act balances your right to know against genuine commercial secrets. Section 8(1)(d) exempts information whose disclosure would harm the commercial confidence, trade secrets, or intellectual property of a third party. But this exemption is not a wall. Section 8(2) overrides it when the larger public interest demands disclosure, and Section 10 lets the officer sever (separate out) exempt bits and give you the rest. Our dedicated guide on Section 8(1)(d) commercial-confidence exemption explains this clause in depth, and Section 10 severability shows how the severance mechanism works in practice.
The settled position in CIC jurisprudence is simple and you should remember it:
For the full list of exemptions and how to counter each one, see our Section 8 exemptions guide. If a third party's information is involved, the PIO must follow the Section 11 third-party procedure before disclosing.
There is one more lever. The DoPT Office Memorandum dated 07.11.2019 (hosted on the CIC website) directs every public authority to make suo motu proactive disclosure under Section 4 of its procurements — tender enquiries, corrigenda, and bid award details (supplier name, rates, total amount). Procurements above Rs. 10 lakh must be published on the Central Public Procurement Portal (CPPP, eprocure.gov.in). So before you even file an RTI, check the CPPP and the hospital's own website. The award letter and the rates may already be public. Our guide on Section 4 proactive disclosure has more on this.
Finding the correct Public Information Officer is the single most important step. File to the wrong office and you lose 5 days while the application is forwarded under Section 6(3). Here is how to map your target:
The RTI Act, Section 6(1), lets you apply to any PIO you believe holds the information; if you are wrong, he must forward it to the right office within five days. For a broader directory of health-sector PIOs, see our PIO for health and hospital RTI guide and the PIO contacts directory.
Use plain, numbered questions so the PIO cannot dodge by giving a vague reply. The five that matter for medical equipment are:
1. A **certified copy of the tender notice** (tender number, date, scope, technical specifications) for the purchase of [equipment name and model] at [hospital]. 2. The **bid evaluation matrix** — the comparative chart showing each bidder's technical score, financial score, and the ranking that led to the award. 3. A **certified copy of the award letter / supply order / contract**, including the final contracted price, quantity, delivery timeline, and warranty terms. 4. The **equipment-utilisation audit** or **BMMP inspection report** — how many hours the machine has run, downtime, breakdowns, and whether it is functional or lying idle. 5. The **AMC / warranty status** — whether an Annual Maintenance Contract is in force, who holds it, the AMC value, and the last service log.
If you suspect a single-source deal, add: 6. The justification note for single-vendor / proprietary procurement, citing the rule under which open tender was waived.
Ask for “certified copies” in every numbered question. A certified copy is admissible as evidence in court or before the Commission; a plain photocopy is not. The PIO must sign and stamp each page as a true copy. For more on drafting enforceable questions, see our PIO speaking-replies guide and the guide to citing case law in your RTI.
Step 1 — Identify the PIO. As described above. If you are unsure, address it to the Medical Superintendent's office and let Section 6(3) handle the routing.
Step 2 — Draft the questions. Use the numbered list above. Be specific: name the equipment, the model number (if known), the tender number (if you found it on CPPP), and the hospital.
Step 3 — Pay the fee. The Central government fee is Rs. 10 under the RTI Rules 2012, payable by cash against a receipt, Indian Postal Order, Demand Draft / Banker's Cheque, or electronic means. A court fee stamp is NOT a valid mode for Central PIOs. BPL applicants are exempt from the fee (Rule 5) — attach the BPL certificate. State fees vary slightly; see our RTI fees by state guide for your state's amount and accepted modes. If you are BPL-eligible, the fee-waiver guide walks you through the exemption.
Step 4 — Submit and wait. You can now file online via RTI Online (rtionline.gov.in) for Central government authorities, or our digital RTI filing guide covers the full online process. Hand it in at the office counter and take a stamped receiving copy, or send it by registered post with the IPO. The PIO must reply within 30 days (48 hours if the matter concerns life or liberty — a hospital's broken life-saving equipment arguably qualifies). If no reply, or an incomplete reply, you have the right to a First Appeal. If the PIO simply ignores you, that is a deemed refusal under Section 7(2) and triggers appeal rights.
Step 5 — Use the sample template.
To: The Public Information Officer [State Health Society / Procurement Cell / Hospital Name] Subject: Application under Section 6(1) of the RTI Act, 2005 Sir/Madam, Furnish certified copies of the following relating to the procurement of [equipment name, model] at [hospital], tender no. [..], dated [..]: 1. Tender notice with technical specifications. 2. Bid evaluation matrix with technical and financial scores. 3. Award letter / supply order / contract with final price. 4. Equipment-utilisation audit or BMMP inspection report. 5. AMC / warranty status and last service log. 6. If single-vendor: the justification note and the rule invoked. Fee of Rs. 10 paid by [cash / IPO no. ..]. I declare I am an Indian citizen. [Name, address, phone]
When the PIO stalls, refuses, or hands you a half-page reply that says “information is confidential under Section 8(1)(d)”, do not give up. Climb the ladder:
This is the question most citizens forget — and it is the most powerful. The NHM's Biomedical Equipment Management and Maintenance Programme (BMMP) mapped 7,56,750 medical equipment items across 29,115 facilities and found that 13 to 34 per cent were dysfunctional. A ventilator bought for Rs. 18 lakh that sits unused for months is a bigger waste than a 10 per cent price inflation, yet most RTI applications stop at “who won the tender.”
Always include question 4 in your RTI: the equipment-utilisation audit or BMMP inspection report. This single question exposes two problems at once: overpricing (if the machine was bought above market rate) and the training/maintenance gap (if it is gathering dust). The BMMP framework tracks:
If the hospital is a PM-ABHIM or NHM facility, the BMMP data should be available with the State Health Society. For Central institutions like AIIMS, the hospital's own biomedical engineering department maintains these records. Our RTI for government hospitals guide and the RTI for drug stock at government hospitals guide cover related health-sector RTI strategies.
RTI is one lever among several. Depending on what you uncover, you can combine it with:
| Provision | What it does | How to use it |
| RTI Act, Section 2(h) | Defines “public authority” — covers government hospitals, health societies, and medical colleges funded by the government. | Cite this if the PIO claims the hospital is not a public authority. See tender-contract RTI guide. |
| RTI Act, Section 4 | Mandates suo motu (proactive) disclosure of procurements — tender notices, award details, rates. | Check the hospital/department website and CPPP before filing. See Section 4 guide. |
| RTI Act, Section 6(1) | Lets you apply to any PIO you believe holds the information. | If unsure which office, file to the nearest relevant one — Section 6(3) forwarding applies. |
| RTI Act, Section 7(1) | Duty of the PIO to supply information within 30 days (48 hours for life/liberty). | A broken life-saving machine arguably triggers the 48-hour clock. |
| RTI Act, Section 8(1)(d) | Exempts commercial confidence / trade secrets of third parties. | Post-award tender info is NOT covered — cite CIC jurisprudence and DoPT OM 07.11.2019. See 8(1)(d) guide. |
| RTI Act, Section 8(2) | Overrides 8(1)(d) when public interest demands disclosure. | Argue that public money spent on health equipment is inherently in public interest. |
| RTI Act, Section 10 | Severability — sever exempt info, disclose the rest. | If the PIO claims trade secrets, demand severance of non-secret portions. See Section 10 guide. |
| RTI Act, Section 19(1) | First Appeal to the FAA within 30 days. | Use for wrongful refusal or incomplete reply. See First Appeal guide. |
| RTI Act, Section 19(3) | Second Appeal to CIC / SIC within 90 days. | Use when FAA fails. See Second Appeal guide. |
| RTI Act, Section 20 | Penalty up to Rs. 250/day on the PIO for wrongful refusal. | Cite in your Second Appeal. See Section 20 penalty guide. |
| RTI Act, Section 22 | RTI Act has overriding effect over conflicting laws (including Official Secrets Act). | Cite if the PIO invokes confidentiality under another law. See Section 22 guide. |
| GFR 2017, Rule 144 | Master procurement principles: transparency, fair procedure, annual procurement plan. | Cite to establish what the procurement cell was supposed to do. |
| GFR 2017, Rule 161 | Open/advertised tender above Rs. 25 lakh. | Most medical equipment falls here — demand proof of open tender. |
| GFR 2017, Rule 160 | Mandatory e-procurement. | If no e-tender was published, that is a procedural violation. |
| CVC Procurement Manuals | Detailed check-lists for each tender stage. | Cite the relevant stage's checklist when questioning a specific irregularity. |
Q. The hospital bought from a single vendor. Can I get the justification?
Yes. Ask for the “single-source / proprietary purchase justification note” and the specific rule under which open tender was waived. This is post-award and not a trade secret; it is the officer's own reasoning, which the public has the right to see. For more on bid-rejection and single-vendor issues, see our RTI for bid-rejection guide.
Q. The MRI has been “under repair” for two years. What do I file?
File for the equipment-utilisation audit, the BMMP inspection report, the AMC contract, and the service / breakdown log. The gap between “bought for Rs. 1 crore” and “not working for 24 months” is the story. The BMMP found that 13 to 34 per cent of public medical equipment is dysfunctional, so this is a documented, not anecdotal, problem. If the breakdown caused patient harm, also see medical negligence enquiry RTI.
Q. Can the PIO refuse the bid evaluation matrix under Section 8(1)(d)?
After the award, generally no. The prices are public money, not a trade secret. The genuine trade secret of a bidder (a proprietary algorithm) can be severed out under Section 10, but the scores and the ranking must be given. Cite the DoPT OM of 07.11.2019 and the CIC post-award principle in your First Appeal. For a deep dive on this exemption, see Section 8(1)(d) commercial-confidence.
Q. The PIO says “ask GeM / CPPP yourself.” Is that a valid reply?
Only if the procurement was actually on CPPP and the info is still live there. If the link is dead or the data is missing, the PIO must furnish it under Section 7(1). The duty to supply information is on the public authority, not the citizen's search skills.
Q. Can I file this RTI online?
Yes. For Central government authorities (AIIMS, Safdarjung, RML, health ministries), use RTI Online (rtionline.gov.in) — the Rs. 10 fee is paid online. State authorities vary; some states accept online filing through their own portals. See our digital RTI guide for state-by-state online filing options.
Q. What if the equipment was donated by an NGO or CSR fund, not bought by tender?
Government hospitals that receive donated equipment must still maintain an asset register, installation record, and utilisation report. You can RTI for these records even if no tender was held — the equipment is a public asset once accepted. Ask for the “asset register entry, acceptance letter, and utilisation report” for the donated machine.
Q. The hospital is a private trust running a government-aided facility. Is it under RTI?
If the hospital is “substantially financed” by government funds (Section 2(h)(d)(ii)), it is a public authority. The test is whether government funding meets the threshold (generally 51 per cent or more of operating costs). Cite this section and file. If the PIO denies public-authority status, escalate to the Commission — see the BCCI public-authority case for precedent.
Q. What if I suspect the technical specifications were tailored to favour one bidder?
This is a classic procurement red flag — “restrictive specifications” that name a specific brand or model, excluding competitors. RTI for the technical specification sheet, the pre-bid meeting minutes, and any corrigenda modifying specs. If you find specifications that reference a proprietary model number, that is grounds for a CVC complaint citing the “Check Points” manual.
Q. How long should I wait after the award before filing?
File as soon as the award letter is issued. There is no mandatory waiting period. The sooner you file, the fresher the documents. Most PIOs reply within 30 days; if the information is complex (e.g., compiling BMMP data), they may take the full 30 days plus a reasonable extension under Section 7(3) — but they must inform you of the extension in writing.
Q. Can I get the name of the officer who approved the purchase?
Yes. File-notings and decision-making records are generally disclosable after the decision is made. The file-notings RTI guide covers this. However, personal information of officers (home address, phone number) is protected under Section 8(1)(j) — the name, designation, and official reasoning are disclosable, but private contact details are not.
Last reviewed: 10 July 2026.