gurukulgalaxy

Be a Blogger


Tag: RTI Application

Jharkhand Contacts Details for RTI

Contact Info for Right to Information Act, Jharkhand Information Commison.

Justice Dilip Kumar Sinha (Retd.) 
Chief Information Commissioner,
Jharkhand State Information Commission,
Room No. 104, Engineers Hostel-2 , H.E.C. Campus,
Dhurwa, Ranchi – 834004, Jharkhand.
Shri Prabodh Ranjan Dash 
Information Commissioner
Jharkhand State Information Commission,
Room No. 105, Engineers Hostel-2 , H.E.C. Campus,
Dhurwa, Ranchi – 834004, Jharkhand.
  0651-2401418   7781016759
  0651-2401426   0651-2401417
    cic@sicjharkhand.in     ic@sicjharkhand.in
       
Shri. Bablu Murmu
Secretary & First Appellate Authority
Jharkhand State Information Commission
Room No. 109, Engineers Hostel-2 , H.E.C. Campus
Dhurwa, Ranchi – 834004, Jharkhand.
(Vacant)
Under Secretary
Jharkhand State Information Commission
Room No. 103, Engineers Hostel-2 , H.E.C. Campus,
Dhurwa, Ranchi – 834004, Jharkhand
  0651-2401670      
  0651-2401426      
    sec@sicjharkhand.in      
       
Shri Bhaiya Rajnish Ranjan
Public Information Officer (P.I.O) 
Jharkhand State Information Commission
Room No. 102, Engineers Hostel-2 , H.E.C. Campus,
Dhurwa, Ranchi – 834004, Jharkhand
   
  0651-2401426      
  0651-2401426      
    info@sicjharkhand.in

How to file an RTI Application

What is RTI?

The Right to Information Act 2005 provides for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

When did RTI Act come into force?

The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.

Why do we need an Act to give us this right?

If you went to any Government Department and told the officer there, “RTI is my fundamental right, and that I am the master of this country. Therefore, please show me all your files”, he would not do that. In all probability, he would throw you out of his room. Therefore, we need a machinery or a process through which we can exercise this fundamental right.

Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc. 

Who is covered under RTI?

Rights available under RTI

  • Ask any questions from the Government or seek any information.
  • Take copies of any government documents.
  • Inspect any government documents.
  • Inspect any Government works.
  • Take samples of materials of any Government work.

Who is covered under RTI

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.

Who will give you information about RTI

One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.

Steps to file an RTI

  1. Under section 6(1) of the RTI Act, 2005, get the information of the concerned public authority who is known as PIO (Public Information Officer). Every department has a PIO and the address can be found on the website of the department. In case the details of PIO are not available either on the website or RTI PORTAL, you need to visit the nearest office of the relevant organization or public authority and get the address of the concerned PIO.
  2. Write an application with the line “Request for Information under Right To Information (RTI) Act, 2005”. Mention your query point vise.
  3. There is a nominal fees of Rs.10 for filing RTI. The fee has to be submitted through a postal order/ CRF or by a bank draft. It should be in favor of Accounts Officer of a particular organization. For example, if RTI is being filed that concerns SBI Bank, it should be addressed to the Accounts Officer of SBI. And this has to be payable at the location of concerned department of PIO.
  4. You may send it by any means such as post, speed post etc. but not to be sent by courier. 
  5. Application form has to be duly signed by the applicant.
  6. Acknowledgement: All RTI applications have to be acknowledged within 30 days by concerned PIO or Organization. One needs to preserve the application number and date of filing or photocopies for future reference.

Requirements for Filing an RTI form

Essential Requirements for filing an RTI

(a) The applicant should be a citizen of India.
(b) The application should contain the particulars of information sought.
(c) The evidence of payment of application fee should be enclosed.
(d) The address of the applicant should be available for sending a reply.

Word limit for RTI applications

As per rule 3, an application shall not contain over 500 words, excluding annexures,  address of CPIO and the applicant. Word limit varies across Indian states. In few states such as Maharashtra, Karnataka and Madhya Pradesh, the word limit is 500 while it is 150 in Bihar and an application has limited to only one subject). 

The notification adds that no application shall be rejected only on the ground that it exceeds 500 word limit.

Types of Information that an applicant can seek

Records, documents, memos, mails, opinions, advices, press releases, circulars, images or any other computer-generated material, orders, log books, contracts, reports, papers, samples, models or data material held in electronic form.

The RTI Act 2005 empowers citizens to physically inspect the records that have been duly maintained by the government and its administrative bodies.

Fees to file RTI applications

Applicants will incur fees and costs that include, but may not be limited to the following.

Fee on an initial application

Demand draft, banker’s cheque or cash with subsequent receipt of Rs.10

Fees for information sought

  • Rs.2 per page that is either printed, copied or created in A4 or A3 size
  • Cost of the page or paper
  • Rs.50 per disc if information is given in a disc
  • Actual price of sample or models requested under the RTI Act

Fees for physical inspection of records

First hour is free after which there is a fee of Rs. 5 per hour

Procedure for Appeal

Procedure for first as well as second appeal in case the applicant fails to receive RTI information within the scheduled period. This also applies to those cases where satisfactory information is not provided. Here is an overview of the appeals procedure:

  • As an applicant, an appeal has to be filed with the relevant first appellate authority within 30 days of the date that was the last day of the expiry of the 30 day time period. The appeal is to seek information.
  • Your appeal will be reviewed and disposed within 30 days of receipt or 45 days in ‘exceptional cases’.
  • As an applicant, if your appeal is not disposed or you are still left unsatisfied, you can file a second appeal to the Central Information Commission. This appeal must be within 90 days from the date that was the last day of the 30 or 45 day time period of the first appeal.
For PIO to reply to an application30 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 Party5 days from date of receipt of application 
For 3rd Party to make a representation to PIO10 days from receipt of notice from PIO 
For PIO to reply to an application if a 3rdParty involved 40 days from date of receipt of application 
For applicant to make First Appeal30 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 order30 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/SIC90 days from receipt of First Appeal orders or from the date when orders were to be received 
For CIC/SIC to decide Second AppealNo time limit specified 

Authorities exempt from the RTI

The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information.

1. Intelligence Bureau

2. Research and Analysis Wing of the Cabinet Secretariat

3. Directorate of Revenue Intelligence
4. Central Economic Intelligence Bureau
5. Directorate of Enforcement
6. Narcotics Control Bureau
7. Aviation Research Centre
8. Special Frontier Force
9. Border Security Force
10. Central Reserve Police Force
11. Indo-Tibetan Border Police
12. Central Industrial Security Force
13. National Security Guards
14. Assam Rifles
15. Sashastra Seema Bal
16. Directorate General of Income-tax (Investigation)
17. National Technical Research Organisation
18. Financial Intelligence Unit, India
19. Special Protection Group
20. Defence Research and Development Organization
21. Border Road Development Board
22. National Security Council Secretariat
23. Central Bureau of Investigation (CBI)
24. National investigation Agency (NIA)
25. National Intelligence Grid (NATGRID)

Penalty Provisions

The CIC or the SIC can impose a penalty on the PIO, while deciding on a complaint or a second appeal. Penalty can be imposed if the PIO has:

1. Refused to receive an application

2. Not furnished the requested information within 30 days of receiving the application

3. Denied the request for information

4. Knowingly given incorrect, incomplete or misleading information

5. Destroyed information, which was the subject of the request

6. Obstructed in any manner, in furnishing the information

The amount of penalty shall be Rs.250 per day till the information is furnished or the application is received, subject to a maximum of Rs.25,000. The penalty has to be paid by the PIO from his salary and not by the Public Authority. The CIC or the SIC will give the PIO a reasonable opportunity to be heard before the penalty is imposed. However the burden of proving that he acted reasonably shall be on the PIO.

Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend disciplinary action as per the service rules applicable to the PIO.

The First Appellate Authority (FAA) or the Public Authority (PA) are not subjected to any penalty clause under the RTI Act.

How to make RTI application effective?

Use proper format if prescribed by state govt under its RTI rules, otherwise use format at http://www.rtiindia.org/forum/blogs/…rti-rules.html on this site.

State wise details are available on www.rti.gov.in. For central govt information please use format at http://www.rtiindia.org/forum/blogs/…govt-info.html

Pay correct amount of fee by proper mode of payment as prescribed in state RTI rules. For central govt pay by postal order of Rs.10/- in favor of “Accounts officer ___________[mention name of organization to which you are addressing application].

Send application with fee by reg or speed AD post. Avoid submitting in person. Avoid courier also. Do not address in personal name of Public Information Officer. Use official designation as Public Information Officer.

Framing query is very important part of application. Do not ask questions as to why, when, who, whose, how etc. Instead ask for certified photocopies of records which contain the information required by you.

For example do not ask “why my application is not attended so far?” Instead ask “Please provide me reasons on record and certified copy of records containing reasons for delay in attending my said application” Please also refer http://www.rtiindia.org/forum/blogs/…formation.html

Even if you do not desire to carry out actual inspection of records of govt office, make a request as under in the application: “On receipt of information under this application, I intend to carry out actual inspection of records at your office. I may be permitted such inspection.”

If you are not very conversant with language of record, please add following sentence to the para at 5 above: I may also be permitted to seek assistance of my relative/friend during inspection, as I am not fully conversant with the language in which your records are maintained.

Visit if available, website of the govt office, whose information is required and study RTI icon.

Do not waste too much time and energy in deciding which information can be asked and which cannot be. Just ask what ever you want. If you ask you may get, if you do not ask, you may not get. At the most Public Information Officer will say NO to your query.

Confine to one subject per application.

If you want large information, please submit application for few of them and once you get it, shoot another and then third application. This is costly and time consuming, but effective method.

Invariably seek names, designations and details of action taken by dept against employees/officers of the govt office who failed to process your pending request as per rule.

Ask for free copy of citizen charter of govt. office to be supplied with reply. You can know many things about that office.

Do not mention your phone/mobile numbers in the application, so that all communications are in writing. This helps in further appeals.

Be crystal clear, firm and to the point but at the same time be courteous. Give serial number to query and avoid essay type application.

Do ask for photocopy of file noting pertaining to your matter or application, even if you do not require.

If you know section of RTI act or decisions of CIC/State Information Commission, which are in favor of your query mention the same at the end of the respective query as [refer CIC decision No.____________dtd.______or refer section _______of RTI Act. etc]

If you apprehend problem for you for asking information of sensitive nature which may harm powerful vested interest, please ask your relative or friend living in other state to file the application for the same information.

Provide all relevant information already available with you on the subject to Public Information Officer to facilitate early locating of records at his end.

If you do not know exact details of Public Information Officer, visit
http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-locate-a-Public Information Officer-under-rti-act-2005-27/

It is advisable to give back ground of seeking the information, though not required by the act.

Please add following para as a note in RTI application:

        For your kind information, I add that in addition to RTI Act 2005, I can proceed against public authority and its officers under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore.

Even at the end of non-RTI applications made to govt depts., mention as under, giving indication that you know RTI and if this application is not properly attended to RTI application may follow.

    “RTI IS MIGHT OF COMMON INDIAN” or
    “RTI IS 2 DEMOCRACY, AS AIR IS 2 MAN “ or
    “CITIZEN IS OWNER OF GOVT INFO, OFFICER IS CUSTODIAN or such other catchy slogan, you may think of !!!!

How to submit a 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. You can track Registered Post articles here: http://services.ptcmysore.gov.in/RNetTracking/ and keep a print out of the final delivery status with you.
    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.

Designated Post Offices:

In order to facilitate citizens in filing RTI applications, the government has designated certain Post Offices for accepting RTI applications addressed to Public Authorities (PA’s) under Central Government. These cannot be used for submitting RTI Applications addressed to State PA’s, Legislatures, Courts, etc.

A list of designated Post Offices is available here:

http://www.indiapost.gov.in/rtimanual16a.html

© 2019 gurukulgalaxy

Theme by Anders NorenUp ↑