Right to Information Act India -

How RTI works - Time limit for

RTI

• RTI response time • Procedure of RTI appeal in India

Time limit for Response under RTI

The time limit for getting a response to your RTI inquiry, from the concerned Public Information Officer (PIO) is generally 30 days, from the date your application is submitted. In a case where the application is submitted to the Assistant PIO, five additional days are allowed. This is to provide for the required time where, the APIO would send the application to the PIO. Taking all factors into account, one should expect a response with a time frame of approximately 40 days at the most.

Deemed Refusal

Failure to provide information within the specified period is deemed to be refusal, to give you the information you requested. In such cases, you can go to the next RTI step of getting information, by way of an appeal.

Recourse in case of refusal

There may be cases where a Public Information Officer (PIO) may not act as per provisions of the Act, or an applicant may not be satisfied, with the decision of the Public Information Officer. In such cases, the RTI act allows two appeals to deal with such situations. The first appeal is made to the First Appellate Authority (FAA) who is an officer of a senior rank, than the Public Information Officer, who initially handled your RTI application. First appeal has to be filed within 30 days, from date of receipt of decision of Central Public Information Officer by the applicant. In cases of deemed refusal, where no reply has been received, first appeal should be filed within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by Central Public Information Officer (ACPIO)

Procedure for first appeal

To file the first appeal, you need to find the name, designation and address of the first appellate authority. This should be available on the response letter you receive for your RTI application. In case no response has been received, visit the web-site of the govt. dept./office/undertaking and refer to the RTI icon on their website homepage. Click the RTI icon and you should find the details of RTI contact names on their RTI pages. In case despite your efforts you are unable to locate the details of the First Appeal Authority (FAA) you can address your first appeal as follows: The First Appellate Authority under RTI Act 2005 C/O. Head of _______________Dept. /office You should also mention address of concerned PIO dept. /office.

RTI – Points to remember

You can normally write the appeal on a plain white sheet of paper. Some state governments may have specified forms and this can be ascertained, from the appropriate government websites. Those who want to be present during the first appeal hearing should, mention this at the end of your appeal request. There is no fee prescribed for first appeal for Public Authorities, under the Central Government. Some States have a prescribed fee and a specified format for First Appeal. If your First Appeal is to a Public Authority falling under State Government, applicants should check RTI Rules of individual States regarding First Appeal fees, mode of payment and the format of appeal requirement All photocopies of enclosures, mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and with full signature. Applicants should always retain a copy of appeal and postal receipt. Send your application by registered post with an Acknowledgement Due card. Save the receipt as proof of mailing. First Appellate Authority (FAA) has to decide on the appeal within 30 days, from the date of receipt of first appeal. She/he can take a further 15 days (total 45 days), provided they give the reasons for the delay in writing.

RTI - Second Appeal

If the appellate authority (FAA) fails to pass an order on the appeal, within the prescribed period, or if the petitioner is not satisfied with the order of the first appellate authority. They have the option to file a second appeal, with the Central Information Commission. The second appeal must be within ninety days from the date on which the decision should have been made by the first appellate authority, or was actually received by the appellant. The appeal made to the Central Information Commission (CIC) should contain the following information: 1. Name and address of the appellant. 2. Name and address of the Public Information Officer, whose decision is being appealed. 3. Particulars of the order including number, if any, against which the appeal is preferred. 4. Brief facts leading to the appeal. 5. If the appeal is preferred against deemed refusal, particulars of the application including number and date and name and address of the Public Information Officer, to whom the application was made and relief sought. 6. Grounds for the relief sought. 7. Any other information that you think will help the Commission in deciding the appeal.

The appeal made to the

Informational Commission should

be accompanied by the following

documents:

1. Self-attested copies of the order or documents against which appeal is made. 2. Copies of the documents relied upon by the appellant and referred to in the appeal. 3. An index of the documents referred to in the appeal.

Say NO to bribes! Use RTI

RTI is a great tool for the average citizen, they no longer need to pay bribes in offices, to get information that they need to get on with their affairs. RTI has been successfully used in India by many people to get issues resolved. Whether your pension is being held back or the ration card application has received no response, RTI could be the key to get results in a fast and timely manner. How NRIs can use RTI. NRIs can now file RTI application from anywhere in the world. They can pay the Rs. 10 RTI fee online also by credit or debit card.