Welcome to the RTI India: The complete Online Portal for Right to Information in India.
Right to Information has an important economic dimension, as it embraces not only political freedom but also the freedom to lead a life with dignity, unfettered by domination and discrimination.
Our aim is to provide authentic and analytical help regarding Right to Information in India to Officers, Lawyers, Citizens, RTI Activist, Associations, & NGO's. Our strength is in bringing them all at one platform.
Section 18 of the act empowers Central Information Commission [CIC] and also State Information Commissions [SICs] to enquire into complaints against Public Authority, Public Information Officer [PIO] and First Appellate Authority [FAA]. The section has provided for enquiring and taking corrective steps by the respective commissions in respect of majority of problems that the applicant/appellant may face in getting information to which he is entitled to under this act.
Situations under which complaint can be lodged
No PIO or APIO or FAA is appointed by public authority.
PIO/APIO/FAA has refused to receive application/appeal.
No reply is received from PIO & FAA within time limit fixed by the act.
Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete etc.
Information has been wrongly and unjustifiably refused.
When applicant is required to pay fee/charges in excess of those prescribed in RTI rules applicable.
PIO/APIO is not accessible in person or by post and his whereabouts are not easily available/prominently exhibited.
Proactive disclosure under section 4 [1] has not been made or it is not made publicly available/accessible.
PIO/FAA has wrongly refused inspection of records of public authority or reasonable cooperation is not extended during inspection.
PIO, FAA or any other person directly/indirectly intimidates or ill-treats or pressurizes the applicant/appellant or restraints him from exercising his right under the act.
PIO/FAA disobeys orders of CIC/SIC.
Any other situation where the citizen has been wrongly restrained/refused access to information to which he is entitled under the act.
Any other violation of provisions of the act by public authority, PIO or FAA.
How to lodge complaint
Complaints relating to information of central government public authorities are to be lodged with Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place,NEW DELHI 110066. [www.cic.gov.in]
In case of information of public authorities of State Govts, complaints have to be lodged with respective State Information Commissions [SICs]. Details are available on official websites of State Govts. /State Information Commissions. Please refer to www.cic.gov.in and visit icon- CICs of States
CIC and some of SICs have prescribed minimum information or papers that must be submitted with the complaint. Some SICs have prescribed format for complaint. For CIC and those SICs, which have not prescribed format, complainants can use guidelines and format as available at http://www.rtiindia.org/guide/how-to...l-under-rti-3/ with minor changes
CIC does not charge any fee for complaints. Some SICs 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.
Send copy of complaint to PIO/FAA simultaneous with CIC/SIC. At times PIO/FAA solves your problem before hearing at CIC/SIC.
Ask for punishment to PIO/FAA under the act and also claim compensation for not getting the information in time.
Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
Complaint is in addition to Second/final Appeal available to applicants.
It is advisable to simultaneously approach head of the organization or govt. dept 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.
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 SIC.
CIC/SICs are flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard.
It is advisable to take free help from experienced RTI activists/NGO if locally available so that matter can be effectively and properly represented through complaint.
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Sir,
Is R.T.I. Act-2005 applicable to Lokayukta and Up-Lokayukta of Mumbai, Maharashtra State? 2) Are they anyway connected with the State Information Commission ?
with regards
Dear Mr. Patel, RTI is very much applicable to Lokayukta and Up-lokayukta. They are different and unconnected with state info commission.
Dear Mr. Veerapandiyan, RTI is applicable to departmental enquiries also, provided U are employed in govt dept or organisation or undertakings etc. RTI does not apply to private organisations/companies etc.
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sir what punishment can be asked under sec.18 when no punishment is provided therein apart from the statutory duty cast on the cic to inquire into complaints.If reading sec 8 `subject to provisions of the act` Whether penalty u/s20 will be separately awarded for both complaint as well as appeal simultaneously filed. Also the period of 1-3yrs for disposal is a question of justice delayed is justice denied.Unless the act is geared up for immediate ( within a reasonable time) delivery, the purpose of the act is same as that as under civil law & civil courts.
Penalties will be imposed in complaint and second appeal. U can file either complaint or second appeal or second appeal-cum-complaint. Procedure is same. Normally complaint is filed in situations stated above, while appeal is preferred if requestor is not satisfied with reply of PIO & FAA. Delay is our culture in govt. With 4 additional ICs recently inducted, we hope quicker disposals at CIC.
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Can an Income tax officer demand a bribe from the applicant for releasing the IT Refund. My agent who had filed the return for me informed me that i would need to pay at least 20% of the refund amount to the officer.
You are entitled to your 100% legitimate refund of excess income-tax paid.
Please write to the income-tax officer directly quoting your PAN no: and amount of refund you are entitled to.
TAKING BRIBE AND GIVING BRIBE are punishable. RTI Act has been created to bring to books all wrong-doers.
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COMPLAINT UNDER RTI ACT 2005
06-19-2008 02:09 PM
