Right2Information

Right to Information – Master key to good governance

Why RTI works

Posted by rtiact2005 on July 1, 2006

There have been many good laws in this country but none of those laws worked. Why do you think this law would work?
This law is already working. This is because for the first time n the history of independent India, there is a law which casts a direct accountability on the officer for non-performance. If concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for malafide reasons. This fine is deducted from the officer’s personal salary.
Has any penalty been imposed so far?
Yes, some officers have been penalized by the Central as well as State Information Commissioners.
Does the Applicant get the amount fined to the PIO?
No. The amount fined is deposited in the government treasury. However, under sec 19, the applicant can seek compensation.
What can I do if I do not receive information?
If you do not receive information or are dissatisfied with the information received, you can file an appeal with the first appellate authority under section 19 (1) of the right to Information Act.
Who is a First Appellate authority?
Every public authority must designate a First Appellate Authority. This officer designated is the officer senior in rank to your PIO.
Is there a form for the first appeal?
No there is no form for filing a first appeal (but some state governments have prescribed a form). Draft your appeal application on a blank sheet of paper addressed to the First Appellate Authority. Remember to attach a copy of your original application and a copy of the reply in whatever form (if received) from the PIO.
Do I have to pay a fee for the first appeal?
No. You are not required to pay any fee for the first appeal. However, some state governments have prescribed a fee.
In how many days can I file my first appeal?
You can file your first appeal within 30 days of receipt of information or within 60 days of filing RTI application (if no information received).
What if I do not receive the information after the first appeal process?
If you do not receive information even after the first appeal then you can take the matter forward to the second appeal stage.
What is a second appeal?
A second appeal is the last option under the RTI Act to get the information requested. You can file second appeal with the Information Commission. For appeals against Central Government Departments, you have Central Information Commission (CIC). For every state Government, there is a State Information Commission.
Is there a form for the second appeal?
No there is no form for filing a second appeal (but some state governments have prescribed a form for second appeal too). Draft your appeal application on a normal sheet of paper addressed to the Central or State Information Commission. Carefully read the appeal rules before drafting your second appeal. Your second appeal application can be rejected if it does not comply with the appeal rules.
Do I have to pay a fee for the second appeal?
No. You are not required to pay any fee for the second appeal. However, some states have prescribed a fee for that.
In how many days can I file my second appeal?
A You can file your second appeal within 90 days of disposal of first appeal or within 90 days of the date, by when first appeal was to be decided.

http://www.hindustantimes.com/news/specials/htbribe/faq_4.shtml

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