Que: Where and how do I lodge a complaint?
Ans:
•One may approach the Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066 [www.cic.gov.in], for the complaints related to information of central government public authorities.
•One has to approach State Information Commissions (SIC), for the complaints with respect to public authorities of State Governments.
•In case of information on public authorities of State Governments, complaints have to be lodged with respective State Information Commissions
•It is advisable to simultaneously approach head of the organization or government department at capital-level [secretary/chief secretary] for his intervention. This may help get information
•After lodging complaint, please check from concerned website if the same is registered and registration number and status
•Send a copy of complaint to Public Information Officer/First Appellate Authority simultaneous with Central Information Commission /State Information Commission
•Complaint is in addition to Second/final Appeal available to applicants
Que: Are there any prescribed formats for lodging the complaint? & What all can be asked for in the complaint?
•C I C and some of the S I C’s have prescribed minimum information or papers that must be submitted with the complaint.
•Some State Information Commission have prescribed format for complaint
•You may also ask for punishment to Public Information Officer/First Appellate Authority under the act and also claim compensation for not getting the information in time.
•In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with State Information Commission
Que : Do I have to pay any fee/ charges for lodging a complaint ?
•Central Information Commission does not charge any fee for complaints. Some State Information Commission charge fees for this purpose
•There is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaint
Que: How can I get the response to the complaint lodged by me?
•At times Public Information Officer/First Appellate Authority solves your problem before hearing at Central Information Commission/State Information Commission
•Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
Public Information Officer/First Appellate Authority is flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard
Que: How to write an application?
Ans: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
•Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper.
•The matter can be hand written, or typed. There is no compulsion of typing the content
•Make sure the application is legible and easy to read
•While asking for information there is no restriction on number of pages
•There is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.
•One may ask as many short questions that he / she may like to. But don't ask for large information at a go.
•In the application always write your name and put your signature, there is no need to mention your ‘ post/designation ‘ as any citizen has the right to information
•Never ask a direct question beginning with ‘ Why’, as it is liable to be rejected for not being covered under RTI
For example, questions like ‘why you failed to pass the bill?’, is liable to be rejected
•Ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"
•If the information sought is voluminous, it is better to ask it in the form of CD to save on cost
•Remember that, you do not need to write the reason for asking the information
•Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., towards the end of your application
Que : To whom should the application be addressed ?
Ans:
•Write the details of Public Information officer, name, address etc. whom you want to apply to.
•In case you have problems locating your Public Information Officer/Assistant Public Information Officer, you can address your RTI application to the Public Information Officer, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee.
•The Head of Department will have to forward your application to the concerned Public Information Officer.
•Do not mention the specific name of the Public Information Officer on your application form, as there is every chance that he might get transferred, or a new person is designated in his place.
Que: Are their separate rules and charges for application process in different states?
Ans :
•Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI.
•The amount of fees and the mode of payment vary from state to state and you should check the correct rules as applicable in your case.
◦One may deposit his/her application fee via:
•In person by paying cash [remember to take your receipt]
•By Post through:
◦Demand Draft/Bankers Cheque
◦Indian Postal Order
◦Money orders (only in some states)
◦Affixing Court fee Stamp (only in some states)
•Some state governments have prescribed some head of account. You are required to deposit fee in that account. For this –
◦ You can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. –Or-
◦ You can also send a postal order or a DD drawn in favour of that account along with your RTI application.
•For Public Authorities under Central RTI rules, DoPT have recently clarified that BC/DD/IPO can be in favour of "Accounts Officer".
Que: How to write First Appeal under RTI?
Ans: Please follow these guidelines while filing 1st Appeal under Right to Information Act 2005:
•First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA)
•If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO
•Find out name, designation and address of first appellate authority from the decision letter of CPIO.
•If no reply is received, visit the web-site of the government department / office / undertaking and refer RTI icon for these details
•Despite above efforts, if you are not in a position to locate details of First Appellate Authority, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O Head of _______________Department/office
(Also mention address of Chief Public Information Officer department/office)
•If you want to be present during the first appeal hearing, mention it at the end of your appeal
•No fee is prescribed for first appeal for Public Authorities under the Central Government
•Some States have a prescribed fee and a specified format for First Appeal
•All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature
•Retain one set of appeal and postal receipt and AD receipt
•You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided
•FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing
•The First Appellate Authority can give either a "spoken" order or a written order
Que: How to File a Second Appeal under RTI?
Ans:
•Fill your appeal form (given below), index and chronological order of progress.
•If you are filing appeal remove ‘complaint/complainant’ words.
•If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.
Get one photocopy of:
•Original application under RTI with its enclosures
•First appeal with its enclosures
•Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
•Copy of demand letter of CPIO for charges if any
•Postal proof of mailing original application and first appeal
•Postal AD slips/official acknowledgement received from Chief Public Information Officer and First Appellate Authority
•Decisions of Chief Public Information Officer and First Appellate Authority if received
•Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint
•Prepare additional four sets as above by photocopying
•Sign each page of appeal, index and chronology chart [all five sets]
•Self attest all the photocopies by signing under the word “Attested”
•Send one set by speed/registered/UPC post to each of Chief Public Information Officer and First Appellate Authority and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart
•Mail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066
•Avoid courier services
•Retain one set for your record for reference, with proof of mailing and AD received from Chief Information Commission/ Chief Public Information Officer/ First Appellate Authority for having received second appeal/complaint
•If postal AD card is not received or acknowledgement letter is not received from Chief Information Commission within 15 days of mailing,
◦You may send a copy by speed post only second appeal/complaint [without enclosures] with a request to trace the same at Chief Information Commission. Photocopy of registered post receipt may also be mailed to CIC
•You can also consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free
Que: Who can get information under Right to Information Act?
Ans:
•Any citizen of India can get information under these RTI.
•The Act extends to the whole of India except the State of Jammu and Kashmir.
•OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) cardholders can also get information under this Act.
◦For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy / Consulate / High Commission who will inform the applicant regarding the amount of application fee in local currency as well as the mode of payment.
Que: How to submit a RTI Application?
Ans: To ensure that you your RTI application has been received by the Public Information Officer, and to enable you to have a proof of submission. The following are the tested methods to submit a RTI application:
•Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the Public Information Officer or by the inward department
•Registered Post Acknowledgement Due (AD): The AD card will act as proof of submission, after the postal department returns it to you. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completed
•Speed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you
•Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery
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