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—rti-for-medical-equipment-tender [2026/07/10 18:32] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(RTI for Medical Equipment Tender — Procurement Transparency Guide)&metatag-description=(File RTI for medical equipment tenders: bid evaluation matrix, award letter, utilisation audit, AMC status. GFR 2017 thresholds, CVC procurement rules, NHM BMMP data, and a sample RTI template.)&metatag-keywords=(medical equipment tender RTI, hospital procurement RTI, GFR 2017 procurement rules, CVC procurement manual, NHM BMMP, bid evaluation RTI, single vendor procurement RTI, equipment utilisation audit, GeM portal procurement, CPPP eprocure gov in, medical equipment AMC RTI, PM ABHIM equipment, ventilator procurement transparency)&metatag-robots=(index,follow)&metatag-og:title=(RTI for Medical Equipment Tender — Procurement Transparency Guide)&metatag-og:description=(File RTI to get tender notices, bid evaluation matrices, award letters, and equipment-utilisation audits for hospital equipment purchases. Includes GFR thresholds, CVC rules, and a sample template.)&metatag-og:type=(article)&metatag-article:section=(Governance)&metatag-article:tag=(RTI, Medical Equipment, Procurement, Transparency)}}
 +
 +====== RTI for Medical Equipment Tender ======
 +
 +{{:social:auto:rti-for-medical-equipment-tender.png?direct&1200 |Medical equipment tender — RTI for procurement details — RTI Wiki}}
 +
 +<WRAP info>**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.</WRAP>
 +
 +<WRAP center round box 80%>
 +^ **Editorial trust (E-E-A-T)**  |
 +| **Last reviewed:** 10 July 2026 by the [[about:rti-team|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|Sources]] below.  |
 +| **Disclaimer:** This is general guidance, not legal advice. For case-specific help, consult a lawyer practising in service or procurement law.  |
 +</WRAP>
 +
 +===== The story most citizens recognise =====
 +
 +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-rti-playbook|citizen's RTI playbook]] before diving into this specialised procurement guide.
 +
 +===== Why medical-equipment procurement is worth watching =====
 +
 +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:
 +
 +  - **General Financial Rules 2017 (GFR 2017)** — the master rulebook for all government buying. **Rule 144** lays the basic principles: objective specifications, fair and transparent procedure, recorded decisions, and an annual procurement plan. The money thresholds decide the buying mode:
 +    - Up to Rs. 25,000 — **direct purchase** (Rule 154)
 +    - Rs. 25,000 to Rs. 2.5 lakh — **Purchase Committee** (Rule 155)
 +    - Rs. 2.5 lakh to Rs. 25 lakh — **Limited Tender** (Rule 162)
 +    - Above Rs. 25 lakh — **Open / Advertised Tender** (Rule 161)
 +    - **e-procurement is mandatory** (Rule 160), and common-use goods must go through the **GeM** portal (Rule 149).
 +  - **CVC Public Procurement Manuals** — the Central Vigilance Commission publishes detailed manuals and the Chief Technical Examiner's Organisation "Illustrative Check Points for Various Stages of Public Procurement" covering scope, pre-qualification, tender opening, evaluation, award, payment, and the integrity pact. The 2017 manuals were updated on 01.07.2022 by CVC circular 14/07/22.
 +  - **NHM / NHSRC technical specifications** — the National Health Mission publishes technical specifications for medical equipment procured under NHM (PHC equipment Aug 2023, Critical Care Block under PM-ABHIM Sep 2023, SNCU/NICU v2.0 Nov 2024). The NHM **Biomedical Equipment Management and Maintenance Programme (BMMP)** found that **13 to 34 per cent of equipment was dysfunctional** across states, with about 7.57 lakh (756,750) items mapped across 29,115 facilities. Idle and broken equipment is not a stray complaint; it is a measured, national pattern.
 +
 +===== How does the tender process work for medical equipment? =====
 +
 +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 |
 +
 +<WRAP note>
 +**RTI strategy tip:** The most powerful RTI questions target stages **5 through 10** — the evaluation sheet, the award letter, and especially the utilisation audit. Stages 1-4 are often already public via [[https://eprocure.gov.in|CPPP]] or [[https://www.gem.gov.in|GeM]], so check those portals before filing.
 +</WRAP>
 +
 +===== What information can you legally get, and what is exempt? =====
 +
 +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 [[pio-section-8-1-d-commercial-confidence|Section 8(1)(d) commercial-confidence exemption]] explains this clause in depth, and [[pio-section-10-severability|Section 10 severability]] shows how the severance mechanism works in practice.
 +
 +The settled position in CIC jurisprudence is simple and you should remember it:
 +
 +  - **Post-award information is the rule.** Once a tender is awarded, the tender enquiry, corrigenda, the award letter, the contract value, the bid prices after opening, and the evaluation matrix are generally disclosable. Genuine trade secrets (a bidder's secret formula or proprietary algorithm) stay protected, but the price the public paid does not.
 +  - **Pre-award information is mostly exempt.** While bids are still being compared, the evaluation sheet, competitors' technical proposals, and internal ranking notes are generally protected under Section 8(1)(d) because premature disclosure can distort fair competition and breach commercial confidence.
 +
 +For the full list of exemptions and how to counter each one, see our [[section-8-rti-exemptions|Section 8 exemptions guide]]. If a third party's information is involved, the PIO must follow the [[pio-section-11-third-party|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, [[https://eprocure.gov.in|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|Section 4 proactive disclosure]] has more on this.
 +
 +===== How do you identify the right PIO for a hospital tender? =====
 +
 +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:
 +
 +  - **State-level procurement** (equipment bought centrally by the State Health Society for distribution across multiple hospitals): Address the **PIO of the State Health Society / State Procurement Cell**. This is common for NHM-funded equipment.
 +  - **Hospital-level procurement** (equipment bought by a single hospital from its own budget): Address the **PIO of the Medical Superintendent's office** at that hospital.
 +  - **Central institutions** (AIIMS, Safdarjung Hospital, RML Hospital, JIPMER, PGI Chandigarh): Each Central institution has its own Central Public Information Officer (CPIO) listed on its website. For AIIMS, search "AIIMS CPIO RTI" on the institution site.
 +  - **Medical colleges under state governments**: The PIO is usually in the Office of the Dean / Principal.
 +  - **PM-ABHIM and NHM-funded equipment**: Because this funding flows through the State Health Society, the PIO is at the society level even if the machine is physically installed at a district hospital.
 +
 +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-health-hospital-rti|PIO for health and hospital RTI]] guide and the [[pio-contacts|PIO contacts]] directory.
 +
 +===== What specific questions should you ask in the RTI application? =====
 +
 +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.
 +
 +<WRAP tip>
 +**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|PIO speaking-replies guide]] and the [[pio-citing-case-law|guide to citing case law]] in your RTI.
 +</WRAP>
 +
 +===== How do you file and pay the RTI fee? =====
 +
 +**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|RTI fees by state]] guide for your state's amount and accepted modes. If you are BPL-eligible, the [[claim-rti-fee-waiver-bpl-2026|fee-waiver guide]] walks you through the exemption.
 +
 +**Step 4 — Submit and wait.** You can now file online via [[rtionline-gov-in|RTI Online (rtionline.gov.in)]] for Central government authorities, or our [[digital-rti-2026|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 [[pio-deemed-refusal-section-7-2|deemed refusal under Section 7(2)]] and triggers appeal rights.
 +
 +**Step 5 — Use the sample template.**
 +
 +<code>
 +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]
 +</code>
 +
 +===== What can you do if the PIO refuses or stalls? =====
 +
 +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:
 +
 +  - **First Appeal — Section 19(1).** Within 30 days of the PIO's reply (or of the 30-day silence), file a First Appeal with the **First Appellate Authority** (usually the Head of the Health Department or the Medical Superintendent's superior). One page, plain language: which question was not answered, why the refusal is wrong (post-award info is disclosable; cite the DoPT OM of 07.11.2019 and the CIC post-award principle), and what you want. Our [[file-first-appeal-rti-section-19-2026|First Appeal guide]] has the full template and FAA directory. The [[faa-first-appeal-timelines|FAA timelines guide]] explains the 30-day clock.
 +  - **Second Appeal — Section 19(3).** If the FAA also fails, you can go to the **Central Information Commission** (for Central bodies) or the **State Information Commission** (for state bodies) within 90 days. The Commission can order disclosure and impose a Rs. 250-per-day penalty on the PIO under [[rti-section-20-penalty-pio-high-court|Section 20]]. Our [[file-second-appeal-cic-sic-2026|Second Appeal guide]] walks you through filing at the CIC or your SIC. Landmark Commission decisions are collected in our [[landmark-cic-decisions|landmark CIC decisions]] reference.
 +  - **Writ to the High Court.** If the Commission is slow or refuses, a writ petition under Article 226 is the final RTI lever. See [[rti-writ-petition-high-court-article-226-after-cic-sic-order|our guide on filing a writ petition after a CIC/SIC order]]. The public-trust reasoning from *Sukhdev Singh v. Bhagatram* (1975) 1 SCC 421 supports your standing to question how public money was spent on health equipment.
 +  - **Parallel complaint to CVC.** For suspected cartel behaviour, collusion, or single-vendor abuse, a complaint to the Central Vigilance Commission is a separate, non-RTI track. The CVC's "Check Points" manuals give the auditor's checklist you can cite. Our [[file-cbi-vigilance-complaint-2026|CVC/CBI complaint guide]] covers this parallel route. You can also explore the [[rti-for-vigilance-clearance|vigilance clearance RTI]] if the issue involves personnel integrity.
 +
 +===== How can you check if the equipment is actually being used? =====
 +
 +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:
 +
 +  - **Functional status** — working, partially working, or non-functional
 +  - **Uptime / downtime ratio** — how many hours per day the machine is actually in use
 +  - **Breakdown frequency** — how many service calls in the last 12 months
 +  - **AMC compliance** — whether the Annual Maintenance Contract is active and being honoured
 +  - **Operator training** — whether hospital staff were trained during installation
 +
 +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|RTI for government hospitals]] guide and the [[rti-for-drug-stock-government-hospital|RTI for drug stock at government hospitals]] guide cover related health-sector RTI strategies.
 +
 +===== Which common mistakes should you avoid? =====
 +
 +  - **Filing before the award.** If you ask for the evaluation sheet while bids are still open, you will almost always get a Section 8(1)(d) refusal — and this time the refusal is correct. Wait for the award letter, then file.
 +  - **Skipping the utilisation audit.** Most citizens stop at "who won the tender". The bigger leak is the idle machine. The BMMP data shows 13 to 34 per cent of public medical equipment is dysfunctional. Always ask question 4 (utilisation audit / BMMP report). That single ask exposes both overpricing and the training gap.
 +  - **Vague wording.** "Give me all tender files" lets the PIO reply that the request is too broad. Number each ask, name the equipment and the tender number, and ask for **certified copies**.
 +  - **Forgetting the suo motu route.** Section 4 disclosure and the CPPP portal may already have the award details. Filing an RTI for already-published info wastes 30 days. Check first.
 +  - **Wrong fee mode.** A court fee stamp does not work for Central PIOs. Use cash, IPO, DD, or electronic payment.
 +  - **Not escalating.** A bad PIO reply is not the end. Many applicants give up after the first refusal. The First Appeal reverses a significant percentage of wrongful denials — use it. The [[pio-faa-officers-handbook|FAA officers handbook]] will help you identify the right appellate authority.
 +
 +===== How does medical-equipment RTI connect to other accountability tools? =====
 +
 +RTI is one lever among several. Depending on what you uncover, you can combine it with:
 +
 +  - **CVC / CBI complaint** — for suspected corruption, collusion, or single-vendor abuse. See [[file-cbi-vigilance-complaint-2026|our CVC/CBI complaint guide]].
 +  - **Lokayukta complaint** — for state-level corruption involving health department officials. The [[lokayukta-anti-corruption-police-not-exempt-rti-section-24-2026|Lokayukta RTI guide]] explains the overlap.
 +  - **CPGRAMS grievance** — for service-delivery failures (broken equipment, denied treatment). See [[cpgrams-rti|the CPGRAMS RTI guide]].
 +  - **Consumer protection** — if a private supplier delivered substandard equipment to a government hospital, that can trigger action under the Bureau of Indian Standards Act. See [[bis-certification-electrical-appliances-mandatory-2026|BIS certification guide]].
 +  - **Medical negligence** — if a broken or substandard machine caused patient harm, see [[hospital-negligence-rti|hospital negligence RTI]] and [[rti-for-medical-negligence-enquiry|medical negligence enquiry RTI]].
 +  - **PM-JAY / Ayushman Bharat** — equipment bought under PM-JAY can be cross-checked with our [[ayushman-cashless-denied-hospital-complaint|Ayushman complaint guide]] and [[find-pmjay-empanelled-hospital-2026|PM-JAY hospital finder]].
 +
 +===== What are the key legal provisions and rules? =====
 +
 +| **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 [[pio-tender-contract-rti|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-proactive-disclosure|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 [[pio-section-8-1-d-commercial-confidence|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 [[pio-section-10-severability|Section 10 guide]]. |
 +| **RTI Act, Section 19(1)** | First Appeal to the FAA within 30 days. | Use for wrongful refusal or incomplete reply. See [[file-first-appeal-rti-section-19-2026|First Appeal guide]]. |
 +| **RTI Act, Section 19(3)** | Second Appeal to CIC / SIC within 90 days. | Use when FAA fails. See [[file-second-appeal-cic-sic-2026|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 [[rti-section-20-penalty-pio-high-court|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 [[pio-section-22-overriding-effect|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. |
 +
 +===== FAQ =====
 +
 +**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 [[rti-for-bid-rejection-reason|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 [[rti-for-medical-negligence-enquiry|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 [[pio-section-8-1-d-commercial-confidence|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 [[rtionline-gov-in|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-2026|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 [[bcci-rti-cic-public-authority-geeta-rani-2026|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 [[pio-policy-file-noting-rti|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.
 +
 +===== Related reading =====
 +
 +  - [[pio-tender-contract-rti|RTI to the PIO for tender contract details]]
 +  - [[rti-for-government-contract-award|RTI for government contract award details]]
 +  - [[tender-details-rti|RTI for tender details]]
 +  - [[rti-for-tender-evaluation|RTI for tender evaluation]]
 +  - [[rti-for-bid-rejection-reason|RTI for bid rejection reason]]
 +  - [[rti-for-government-hospitals|RTI for government hospitals]]
 +  - [[pio-health-hospital-rti|PIO for health and hospital RTI]]
 +  - [[hospital-negligence-rti|Hospital negligence RTI]]
 +  - [[rti-for-drug-stock-government-hospital|RTI for drug stock at government hospitals]]
 +  - [[rti-for-hospital-licence|RTI for hospital licence]]
 +  - [[section-8-rti-exemptions|Section 8 RTI exemptions overview]]
 +  - [[section-4-proactive-disclosure|Section 4 proactive disclosure]]
 +  - [[citizen-rti-playbook|Citizen's RTI playbook]]
 +  - [[cases:cic-rti-commercial-confidence-psu-2020|CIC case: commercial confidence of a PSU]]
 +
 +===== Sources =====
 +
 +  - **Ministry of Health and Family Welfare (MoHFW)** — https://www.mohfw.gov.in/ — apex Central ministry overseeing public health, hospital infrastructure, and medical equipment procurement policy.
 +  - **National Health Mission — BMMP (Biomedical Equipment Management and Maintenance Programme)** — https://nhm.gov.in — source of the 13-34% dysfunctional-equipment finding and 7.57 lakh items mapped across 29,115 facilities.
 +  - **GFR 2017, Rule 144 (and Rules 149, 154, 155, 160, 161, 162)** — Dept of Expenditure: https://doe.gov.in/circulars/order-public-procurement-no-4-restrictions-under-rule-144xi-general-financial-rules-gfrs
 +  - **CVC Public Procurement Manuals** (updated 01.07.2022): https://cvc.gov.in/procurementmanuals.html
 +  - **Press Information Bureau (PIB)** — https://www.pib.gov.in/ — official government press releases on health schemes, equipment procurement, and policy announcements.
 +  - **RTI Online Portal** — https://rtionline.gov.in — the official Central government portal for filing RTI applications online (Rs. 10 fee payable electronically).
 +  - **Central Public Procurement Portal (CPPP)** — https://eprocure.gov.in — mandatory publication of tenders above Rs. 10 lakh; check here before filing RTI.
 +  - **Government e-Marketplace (GeM)** — https://www.gem.gov.in — mandatory portal for common-use goods procurement under GFR 2017, Rule 149.
 +  - **Ayushman Bharat Digital Mission (ABDM)** — https://abdm.gov.in/ — health infrastructure framework under which digital health records and equipment standards are being unified.
 +  - **Central Drugs Standard Control Organisation (CDSCO)** — https://cdsco.gov.in/ — national regulator for medical devices; relevant for equipment that requires regulatory approval.
 +  - **RTI Rules 2012** (Rs. 10 fee and valid modes) — NITI Aayog: https://niti.gov.in/sites/default/files/2025-07/RTI%20Rules%20Final%20PDF.pdf
 +  - *Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi* (1975) 1 SCC 421 — Digital SCR: https://digiscr.sci.gov.in/view_judgment?id=MTE2MDY=
 +  - **DoPT OM dated 07.11.2019** on suo motu disclosure of procurement — CIC: https://cic.gov.in/sites/default/files/DOPT%20OM%20%20dated%2007.11.2019.pdf
 +
 +===== Take the next step =====
 +
 +  - Learn the full end-to-end RTI method — drafting, fees, appeals, penalties — in [[https://righttoinformation.wiki/book|The RTI Playbook]].
 +  - [[https://righttoinformation.wiki/donate|Donate]] to keep these free citizen guides online.
 +
 +//Last reviewed: 10 July 2026.//
 +
 +{{tag>rti for medical equipment tender citizen-rti rti-template procurement medical-equipment bmmp gfr-2017 cvc-procurement hospital-rti}}