Wednesday 5 December 2012

What is an RTI application ?


What is an RTI application ?

Step 1:

Identifying the issue.

Step 2:

Identifying the relevant department of the Government. The law mandates a 'Public Information Officer' to transfer the application to the relevant department. In case the applicant refers the application to the wrong department, in no case can the application be returned to the applicant.

Step 3:

On a plain sheet of paper addressed to the Public Information Officer of the relevant department write down your questions. This can be in a simple letter format with the subject: Application under Right to Information Act 2005/Section 6 (there is no prescribed application form under the law for filing an RTI application.

Step 4:

Payment of fees -- the application fees for the State of Tamil Nadu and the Central Government is Rs.10. The following modes of payment are acceptable in Tamil Nadu:
  1. Cash -- 
    The applicant goes to the relevant department in person and pays fees in cash. Please insist on a receipt/acknowledgement.
  2. Court Fee Stamps -- 
    The applicant affixes court fees stamps (as per amended rules, GO MS 72, dated March 20, 2007).
  3. Government Treasury -- 
    The applicant goes to the Treasury and pays under the RTI account head. The receipt should be attached to the application and sent by Registered Post Acknowledgement Due.
  4. Demand Draft -- 
    The applicant sends a Demand Draft addressed to the Public Information Officer, Name of the Department. The law also gives Public Authorities the liberty to club existing account heads to receive RTI fees. It would be advisable to confirm with the PIO of the relevant department about this. The DD should be attracted to the application and sent by Registered Post Acknowledgement Due.
  5. State Bank of India -- 
    All State Banks are allowed to accept RTI fees. Payment can be made under the RTI account head and the receipt should be attached to the application and sent by Registered Post Acknowledgement Due.
Note: For Central Government Departments payments can be made by cash, through Demand Drafts, Postal Orders or through RTI counters at the nearest Post Office.

Step 5:

The PIO should respond within 30 days of the receipt of the application failing which the applicant should make the First Appeal to the Appellate Authority of the same department. The appeal should be addressed to the Appellate Authority (the postal address is usually the same as the PIO).

Step 6

:
The Appellate Authority gets another 30 days to respond failing which the applicant can make the 2nd appeal to the State Information Commission (for the State Government Departments) or Central Information Commission (for Central Government Departments) as the case may be.

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