Procedure to apply for Information

Application Procedure for requesting information

1) Apply in writing or through electronic means in English, Hindi or in the official language of the area, to the PIO specifying particulars of the information sought for,
2) Reason for seeking information are not required to be given;
3) Pay fees as may be prescribed (if not belonging to the below poverty line category).

Time limit to get the information:

1) 30 days from the date of application
2) 48 hours for information concerning the life or liberty of a person
3) 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4) If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5) Failure to provide information within the specified period is a deemed refusal.

Fee for getting information:

1) Application fees to be prescribed which must be reasonable.
2) If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3) Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4) No fees will be charged from people living below the poverty line
5) Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

 Reason for rejection

• If it is covered by exemption from disclosure. (S.8)
• If it infringes copyright of any person other than the State. (S.9)

(Please make appropriate changes, if you so wish):

I. Please indicate the daily progress made on my application/ return/petition/ grievance so far. i.e. when did my application/ return/petition/grievance reach which officer, for how long did it stay with that officer and what did he/she do during that period?
II. Please give the names and designations of the officials who were supposed to take action on my application/return/petition/ grievance and who have not done so?
III. What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
IV. By when would my work be done now?
V. Please give me a list of all the
applications/returns/petitions/ grievances received, after my application/return/petition/ grievance was received. The list should contain the following information:
• Name of applicant/taxpayer/petitioner/aggrieved person/Receipt no
• Date of application/return/petition/grievance
• Date of disposal

VI. Please give copy or print out of those portions of records, which contain details of receipt of the above applications/returns/ petitions/grievances.
VII. Please give reasons for out of turn disposal of the applications/ returns/ petitions/ grievances, if any, which were received after me.
VIII. By when would vigilance enquiries be initiated in the above matter of out of turn disposal of applications/returns/petitions/grievances, if any?

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 ?

• 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

Andaman and Nicobar (UT)

You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:
1. By post: Please make Rs 25 Demand Draft/ Banker’s Cheque payable to the accounts officer of the public authority and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Andhra Pradesh

Fee:
• No fee for applications to public authorities at the Village level
• Rs 5/- per application to public authorities at the Mandal level
• Rs 10/- per application to all other public authorities
You can deposit your fees in the following manner:
1. By post: Please make a Demand Draft/ Banker’s Cheque payable to the accounts officer or any other duly authorised officer of the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Arunachal Pradesh

Fee:
• Rs. 500 per application fee for information relating to tender documents/bids/quotations/Business contracts.
• For all other types of information Rs. 50 per application.
You can deposit your fees in the following manner:
By post: Please deposit fees through Treasury Challan in Head of Account”0070 other administrative charges”. 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.

Asom

You can deposit your fees in the following manner:
1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque in the favour of accounts officer or any other duly authorised officer of the public authority and through Treasury Challan under the Head of Account “0070-other Administrative Services” and send your application to the PIO. 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.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Bihar

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque /Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
*Since the state has not yet formulated rules, the applicant may attempt depositing the application according to the Central rules.

Central Government

You can deposit your fees in the following manner: 1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque/ Postal Order in the favour of accounts officer or any other duly authorised officer of the public authority. Send your application to the PIO.
2. Through Post offices: You can also deposit your application in any of 629 designated postal offices across the country. Only applications for central govt. ministries/departments will be accepted at these post offices.
3. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Chandigarh

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Chhattisgarh

Fee: For information sought by persons below poverty line:
a) If the information sought relates to his/her life then the information will be provided in the form in which it is demanded.
b) If the information sought is not pertaining to self but if the information can be given in 50 photocopied pages (of A4 size) or the cost of production of information is within Rs. 100 (Rupees one hundred only) then the sought information will be provided in the form it is sought.
c) If the information sought involves photocopying of more than 50 pages or the cost of production exceeds Rs. 100 (Rupees one hundred only) then by recording reasons under section 7(9) of the Act the applicant will be requested to inspect the records/files in the office.
(B) For the Information sought in question-answer form (for non-BPL people); If the information pertains to individual life of the applicant then the information will be provided in form demanded. But the cost of such information produced will be Rs.100 (Rupees one hundred only) per page. 1. By post: Please deposit your fee through Treasury Challan in the Head of Account “0070 --Sub head account- 800- Other administrative charges” and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Dadar Nagar Haveli (UT)

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Daman and Diu (UT)

By post: Please deposit your fee of Rs 25 through challan in Form- II payable at treasury (i.e., State Bank of India, Daman and State Bank of Saurashtra, Diu).

Delhi (UT)

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Goa

1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Gujarat

1. By post: Please make a Rs. 20 Demand Draft/Pay Order payable to the accounts officer of the concerned public authority or affix Non-judicial stamps and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Haryana

1. By post: An application fee of Rs. 50 shall be deposited with the SPIO/SAPIO by Treasury Challan. 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.
2. In person: You can go to the office of the SPIO/SAPIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Himachal Pradesh

By post: Rs. 10 Fees/ Charges shall be deposited in a Government Treasury under the head of account “0070 – OAS, 60 – OS, 800 –OR, 11 – Receipt head under Right to Information Act, 2005”. 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.

Jharkhand

1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Karnataka

1. By post: The fee of Rs. 10 shall be collected in the form of Indian postal order or D.D. or Bankers Cheque or Pay order drawn in favour of the State PIO or by remitting it to the Treasury as per Karnataka Financial Code (KFC).
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Kerala

1. By post: The fee of Rs. 10 shall be paid through D.D./Bankers Cheque/Pay order payable to the State PIO or SAPIO or by affixing Court fee Stamp or by remitting the amount in the Government Treasury, under the head of account “0070 other administrative services-60 other services-800 other receipts-42 other items”, 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.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Lakshadweep (UT)

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office. Madhya Pradesh 1. By post: Please affix a Rs. 10 non-judicial stamp and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Maharashtra

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable or by Money Order to the public authority or affix Rs.10 Court Fee Stamp and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Manipur

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Meghalaya

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Mizoram

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Nagaland

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ payable to the accounts officer/head of department/head of office of the concerned public authority or the government department/office and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Orissa

1. By post: The application fee of Rs 20 in shape of Treasury Challan in the Schedule under the appropriate head of 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.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Puducherry (UT)

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Punjab

1. By post: Please make a Rs. 50 Demand Draft/Cheque or Treasury Challan. For Treasury Challan, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Rajasthan

1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to Public Authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Sikkim

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

TamilNadu

1. By post: Please make Rs 50 Demand Draft/ Banker’s Cheque payable to the Head of account as maybe specified by the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Tripura

In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay Rs. 20 as fee in cash in his office.

Uttarakhand

1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Uttar Pradesh

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable to the accounts officer in the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

West Bengal

1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.

Source: http://www.ndtv.com/rti/genboard/subfees.asp 

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