Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed

Asha Kanta Sharma

  • entries
    72
  • comments
    2
  • views
    3,857

RTI Fillings in India - Detailed Explanation

ashakantasharma

121 views

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a–RTI  Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs   etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments. 

Procedure of filing an RTI In India:

The necessary requisites of an application filed under the RTI Act are:

The aspirant must be the civilian of India. .

The request must cover the details of facts and figures required.

The proof of payment of application fee should be hemmed in.

The address of the aspirant should be accessible for directing a reply.

Private particulars excluding those essential for communicating an applicant are not required to be stated.

How to file an RTI plea?

The Act proposes a simple process to acquire information. Though some public authorities have their own formats, there is no obligation to stick to the prescribed set-up.

Classify the constituent part you want information from as some matters fall under the purview of State governments or local authority such as the municipal administration/panchayat, while others are controlled by the Central government.

Write the application by hand, or type it, in English, Hindi or the official language of the area. You can also take the assistance of public information officer to put the application in writing.

The application must be addressed to the State/Central Public Information Officer. Provide the name of the concerned office from where you wish to seek information, and the complete, exact address.

Mention your request in the specified form and state the period/year your application falls into. To obtain documents, the applicant has to make a payment of Rs. 2 per page.

Payment of Rs 10 is required to plea the request either by cash, money order, bank draft or a court fee stamp. The application must bear the stamp. Applicants below the poverty line (BPL) are excluded from making any sort of payment provided they attach a copy of the BPL certificate along with the application.

Your full name and address, contact details, email address should be mentioned and sign the application properly.

Send your application either by post or hand it over in person to the concerned department.

The law mandates that information be provided in 30 days. If this does not happen, you can file an appeal. The first appeal should be addressed to ‘The Appellate Authority’ with the name of the department and the address. The appellate authority is mandated to revert in 30 days from the date of receipt of the appeal. If the Appellate authority fails to reply, further appeals lie with the Information Commission, the Chief Information Commissioner, State/Central Information Commission.

Pre-requisites: Your name, address, contact telephone number and your email id o Information about Public Information officer, name, address e.t.c. In case you have problems locating your PIO/APIO you can address your RTI application to the PIO, 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 PIO. Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.

Generally, you can deposit your 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 that, 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. Please see respective state rules for complete details Application Guidelines.

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. You can use your letter pad for asking for information.

• 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.

• There is no restriction on number of pages for asking information.

• There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones.

• Be very specific & ask to the point questions. Don't ask vague questions.

• Ask as many short questions as you like, but don't ask for voluminous information.

• Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information.

• Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act.

• You can ask for reasons behind a "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.

Procedure to file RTI Online:

At Online RTI, lawyers hired are specialists at handing out RTIs, so you don’t have to fear about it. Basically just click on your problem, submit your application, and consider your case at the top of the government’s row.

How to submit an RTI application ?


You will need a proof, that your RTI application has been received by the PIO.

The tested methods to submit a RTI application are:

• 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 PIO or by the inward department

• Registered Post AD: The AD card will act as proof of submission, after it is returned to you by the postal department. 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.

What is the time limit under which information can be obtained under RTI act ?


Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief. Following are the various time limits specified in the RTI Act 2005


For matters involving "Life and Liberty", the time limit for the PIO to provide information is 48 Hours.

For PIO to reply to application 30 days from date of receipt of application .

For PIO to transfer to another PA under Sec 6(3) 5 days from date of receipt of application .

For PIO to issue notice to 3rd Party 5 days from date of receipt of application & For 3rd Party to make a representation to PIO 10 days from receipt of notice from PIO.

For PIO to reply to application if 3rd Party involved 40 days from date of receipt of application.

For applicant to make First Appeal 30 days from date of receipt of PIO’s reply or from date when reply was to be received. 

For First Appellate Authority to pass an order 30 days from receipt of First Appeal OR Maximum 45 days, if reasons for delay are given in writing For applicant to make Second Appeal before CIC/SIC 90 days from receipt of First Appeal orders or from the date when orders were to be received For CIC/SIC to decide Second Appeal No time limit specified • 3rd Party can be anyone other than the citizen applying for information

Certain Guidelines:

Only fresh application can filed online.

The aspirant is required to mention the necessary details, by clicking on “Submit Request”.

Once the form is duly filled then next comes the making prescribed payment either through debit/credit cards of Master/Visa or using RuPay card. Once payment is made application can be submitted.

On successfully submission of an application, a unique registration number would be issued, to the applicant for future references.

For the first appeal to the first Appellate Authority, the applicant is required to click at “Submit First Appeal” and then fill up the page that will appear.

For first appeal no payment to be made.

The applicant should provide his/her mobile number in order to receive SMS alert.

Applicants can view the status of their first appeal by clicking at “View Status”.

This is the link for the same. https://rtionline.gov.in/

Conclusion:

When it comes to RTI, there are ombudsmen on numerous points to safeguard the Act is tailed in letter and spirit. The Act has hired a ‘perform or perish’ approach, also setting up a instrument to give out information.

Every government organization is needed to appoint one employee as a public information officer (PIO). Once a department gets an RTI request, it is the duty of the PIO to supply the information to the candidate within 30 days. Dying to do so means, a monetary fine can be imposed on the PIO. The longer a PIO makes an applicant wait, the more the fine imposed on him/her. There have been instances where PIOs have been asked to cough up amount in thousands of rupees as fine.

Every state has an Information Commission, consist of a Chief Information Commissioner and a few information commissioners. Previous judges, IAS, IPS field marshal of perfect record are appointed to these positions by the government. Above them in the chain of command is the Central Information Commission and below them are first and second appellate authorities to see to it that an applicant does get the information he/she has requested.

https://lawnn.com/right-to-information-act-all-you-need-know-about-rti-laws-india/

http://www.fuccha.in/things-you-should-know-about-rti-right-to-information



0 Comments


Recommended Comments

There are no comments to display.

Guest
Add a comment...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy