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STEP 1 - RESEARCH or COMPLAIN |
Before you file an RTI application, you must
thoroughly explore the content on the website of
the concerned Public Authority. There, you may
find the information you desire. This will save
you and and the PIO a lot of trouble and money.
You may want to start by filing a complaint
about your grievance, and then follow it up
after about 10-15 days with an RTI application
seeking details of the action taken on it. |
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STEP 2 - FILING AN RTI APPLICATION |
Citizens normally take to the RTI route after
exhausting all other avenues. The RTI journey begins
with filing an application. It is filed under
section 6(1) but you don't have to mention this
section.
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Format |
- You can apply on a plain paper or on a
letter head in English, Hindi or local
language.
- You may also choose to use the form
designed by us.
Click to download or go to the Downloads
section.
- The RTI Act says that you can apply
electronically but you should ignore that provision because
there are many practical difficulties, least
of all the problem with paying the fee.
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Finding the right PIO |
- Visit the website of the Public
Authority for the name, designation and
address of the correct PIO. Look for "RTI"
or "Right to Information" link or icon.
- Also visit
http://rti.gov.in.
Many central government departments are
listed on this website.
- Visit the
official portal of the state government and
the State Information Commission. You may
find PIO details of many departments there.
- Visit the
local office of the concerned Public
Authority and try to obtain PIO details.
- If you can't find RTI link on the
website of the concerned department, learn
to use Google's advanced search facility.
This will unearth hidden and deep-buried
content on the website. For example, type
the following in Google's search box:-
"right to
information" site:http://www.sitename.com
OR, rti
site:http://www.sitename.com
- If there are multiple PIOs in a
department and you are not sure who is the
right one, just send your application to any
one and he will either collect and provide
you the information himself or forward it to
the right PIO under intimation to you.
- In case the Public Authority has not
appointed a PIO or you are unable to find
one in spite of your best efforts, prepare
your application addressed to the "Public
Information Officer". Write a covering letter
addressed to the head of the department,
requesting him to forward it to the PIO.
Address the envelope to the head of the
department and send it by Regd./Speed Post
so that it gets accepted at the other end.
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Fee |
- Your application must be accompanied by
fee. For details of fee structure for
different States and the Centre, please
visit "Fees,
Rules, Commissions".
- On the above page, you will also find
the mode of payment for different States and
the Centre.
- If you are paying by postal order, make
sure that you write in your application as
follows - "I am leaving the 'pay to' field
blank. Please fill it in yourself."
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Submitting application |
- The easiest method of submitting an
application is through Registered or Speed
Post accompanied by Postal Order. Don't use
a courier because it is not a legally
acceptable proof of delivery.
- Second easiest method is to submit it at
a Post Office and pay the fee in cash. Many
post offices across the country act as APIOs
for most of the central government Public
Authorities.
- The last method is to go to the offices
of the Public Authority and meet either the
PIO or the APIO and deposit your application along
with the appropriate fee either in cash or
through postal order. Often, there is a desk
or a clerk deputed for the purpose of
receiving such applications. Do obtain
acknowledgment on the photocopy of the
application together with a receipt for the
fee.
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STEP 3 - PIO WRITES TO YOU / OR HE DOESN'T REPLY
AT ALL |
The PIO replies to you under section 7(1). He may write to you in a number of ways. He may
provide you the information, provide you partial
information, reject your application on valid or
invalid grounds or ask for deposit of further fee.
Some of the key scenarios are explained below.
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Application transferred |
- If the transfer is justified, simply
wait for information.
- If the transfer is not done within 5
days, file a complaint under section 18 with
the Information Commission.
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Citizenship proof demanded |
- File another RTI application before the
same PIO and request information as to the
number of applications received by him since
he became a PIO, the number of cases in
which he demanded proof of citizenship and
the reasons for demanding proof of
citizenship in each case.
- Also file a complaint under section 18
with the Information Commission.
- If the information is of urgent nature,
you may submit proof of citizenship but also
lodge complaint under section 18. To avoid
vindictiveness on the part of the PIO, the
RTI application mentioned at point 1 may be
filed on behalf of a friend.
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No reply |
- If no reply is received within 40 days,
prefer first appeal.
- Also file a complaint under section 18
with the Information Commission.
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Partial information supplied |
- If you are not satisfied, go for first
appeal.
- If partial information is supplied and
fee is demanded for the rest, you can either
pay or prefer an appeal.
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Demand for further fee |
- If the PIO demands further fee, he has
to
- show complete calculation as to how
he arrived at this figure
- state that you have the right to
review of fee
- advise you the name, designation and
address of the person before whom you
can request a review
- tell you the process and time frame
for review of the fee
- You should normally pay fee within 15
days.
- In case of any grievance, you can prefer
first appeal against the fee or against the
reply itself.
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Incorrect information supplied |
- Prefer first appeal.
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Correct and comprehensive info provided |
- Write a letter of thanks to the PIO as a
matter of courtesy. You may also need his
service/assistance later in life.
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STEP 4a - PREFERRING FIRST APPEAL |
First appeal is preferred under section 19(1).
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Important points to remember |
- Always give the benefit of doubt to the
PIO and wait for extra 10 days to allow for
the transit time. Governments work slowly.
- Write your preliminary comments as well
as para-wise comments on the reply of the
PIO. That makes it easier for the Appellate
Authority (AA) to deal with your appeal.
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Finding the right Appellate Authority (AA) |
- If the PIO has sent you any
communication, he may have included the
details of the first AA. He is duty bound to
include this information if he has rejected
part or whole of your request.
- Or, visit the website of the Public
Authority for the name, designation and
address of the correct AA.
- Also visit
http://rti.gov.in.
Many central government departments are
listed on this website.
- If there are multiple AAs and you are
not sure which one is correct AA for you,
just send it to any one. He will either deal
with your appeal himself or forward it to
the right AA under intimation to you.
- In case you don't find any AA at all,
send the appeal addressed to the "First
Appellate Authority" with a covering letter
addressed to the PIO, telling him that since
he has not provided the details of the AA,
he can forward it to the correct AA.
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Format |
- You can apply on a plain paper or on a
letter head in English, Hindi or local
language.
- You may also choose to use the form
designed by us.
Click to download
or go to the Downloads section.
- You may email first appeal together with
enclosures in scanned format. Mark a copy to
rti@nyayabhoomi.org so that there is a
record that it was actually sent..
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Suggested "Relief Sought" |
- The information sought be provided
immediately free of cost.
- Compensation be provided for not
supplying me information within the
prescribed time limit.
- Disciplinary action be initiated against
erring officers for not complying with the
law.
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Fee |
- There is no fee for first appeal.
- Many states
have prescribed a nominal fee for first
appeal. This is illegal and should be
challenged in the respective High Court.
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Submitting appeal |
- The easiest method of submitting an
appeal is through Registered or Speed
Post. Don't use
a courier because it is not a legally
acceptable proof of delivery.
- Or, go to the offices
of the Public Authority and deposit it. Do obtain
acknowledgment on the photocopy of the
appeal.
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STEP 4b - LODGING COMPLAINT WITH THE
CENTRAL/STATE INFORMATION COMM. |
- A cause may
arise at any point in the whole process of
using the RTI.
- There is no
prescribed format for lodging a complaint,
but we strongly recommend that you use the
template designed by us.
Click to download
here. This is similar to the format for
second appeal but certain unnecessary
portions have been discarded.
- Follow all
steps described for preferring 2nd appeal,
subsequent hearing, decision, etc.
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STEP 5 - HEARING IN FIRST APPEAL |
- Some AAs may call you for a hearing,
whilst many other do not. If you do not
attend the hearing, a decision will be given
in your absence on the basis of
documents/merit.
- If you go for a hearing, take all
relevant documents with you.
- Do not come under pressure to withdraw
any part of the application or appeal.
- Remember that AA is the boss of the PIO
and both are likely to be well-wishers of
each other.
- Try to avoid bringing your grievance
into the picture. Focus on the technical and
legal points and the information you have
sought. If, however, you feel that the
hearing is an opportunity to get your
grievance resolved or get justice, use the
opportunity. Remember that the AA is a
fairly senior person in that department and
carries a lot of influence who can get your
grievance resolved.
- If the information is important but not
urgent and you feel that the PIO has no
vested interest in the information, be kind
to him and allow him more time.
- Finally, what is important is the
"Decision" which you may receive within 3 to
15 days.
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STEP 6 - PREFERRING SECOND APPEAL IN
CENTRAL/STATE INFORMATION COMM. |
Second appeal is preferred under section 19(3).
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Format |
- Correct format is very important.
Information Commissions are known to reject
a large percentage of appeals due to their
non-conformity with the format and
compliance to regulations.
- We strongly recommend that you use the
template designed by us.
Click to download
here. All the nonsense such as verification,
certificate, double-spacing etc. are
incorporated.
- Online filing of appeals is still at a
nascent stage. We do not recommend it yet.
- Copy of
every annexure attached to the original copy
should be self-attested.
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Drafting tips |
- All PIOs and the AA will be Respondents.
- If there has
been no response from the PIO and the AA,
you must also include proof of
dispatch/delivery of the application/appeal.
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Suggested "Relief Sought" |
- Complete and
comprehensive information be provided to the
Appellant in one batch free of cost
immediately.
- Compensation be provided to the
Appellant u/s 19(8)(b) for not supplying
information within the prescribed time
limit.
- U/s 19(8)(b), the Public Authority be
ordered to reimburse the Appellant towards
traveling and lodging-boarding expenses for
attending the hearing.
- Disciplinary action be recommended
against the Respondent(s) u/s 20(2).
- Penalty be imposed on the PIO u/s 20(1).
- An entry in service book/annual
appraisal report of the concerned PIO & FAA
be made
for defying the provisions of the Act.
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Where to send |
- For all central government Public
Authorities, send your appeal to the Central
Information Commission. For Public Authorities
of state govt., send it to respective
State Information Commission.
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Fee |
- No fee is payable.
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How to submit |
- Send a copy to every Respondent.
- Send the original + copy to the
Information Commission.
- No fee is
payable.
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STEP 7 - PURSUING INFORMATION COMMISSION FOR
STATUS |
- Almost all Information Commissions are
inefficient and known to lose your
files - sometimes even before your appeal
gets registered.
- Some Information Commissions have the
facility to check the status of your appeal
online.
- You may send reminders through
Registered or Speed Post every 2-3 weeks.
- If you are not getting any response,
file an RTI application with the Information
Commission and ask for the status of your
appeal.
- Visit the Commission and check with the
officials.
- Finally, sit on a dharna outside the
Information Commission and shame the
officials into giving you the status of your
appeal.
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STEP 8 - HEARING IN SECOND APPEAL |
- In most cases, you will be called for a
hearing which you must try to attend. If you do not
attend, a decision will be given
in your absence on the basis of
documents/merit.
- If you go for the hearing, take all
relevant documents with you.
- Some Information Commissioners may try
to intimidate you. Don't be.
- Try to avoid bringing your grievance
into the picture. Focus on the technical and
legal points and the information you have
sought.
- If the information is important but not
urgent and you feel that the PIO has no
vested interest in the information and has
generally acted honestly and diligently, be
kind to him and allow him more time.
- Finally, what is important is the
"Decision" which you should receive within 7 to
30 days.
- Some Information Commissions post most
of their decisions on their website. Keep
checking the website to see if your decision
has been posted.
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STEP 9 - IF YOU DON'T GET INFORMATION EVEN AFTER
COMMISSION'S ORDER |
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You still don't get information even after
Commission's order |
- Wait for the number days granted by the
Commission to the PIO + 10 days and then
write a letter to the Commission. Seek
imposition of penalty and disciplinary
action against the PIO.
- Go to the High Court of your state by
way of a writ.
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Not satisfied with the Commission's order |
- Ask for a review by writing a detailed
letter to the Chief Information Commission.
Clarify why you think a review is necessary.
- Or, go to the High Court of your state.
- Or, plan public/people's action against
the Commission, especially if the
Information Commission has been clearly
biased and rude and has either threatened or
intimidated you.
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