FAQ

What is Right to Information?

Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to officially inspect any Government work or to take a sample of material used in any work. Right to Information includes the right to:
  • Inspect works, documents, records.
  • Take notes, extracts or certified copies of documents or records.
  • Take certified samples of material.
  • Obtain information in form of printouts, diskettes, floppies, tapes, video , cassettes or in any other electronic mode or through printouts.

Who can ask for information under Right to Information?

Any citizen can ask for information under these laws.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 card holders can also ask fr information under the RTI 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 and they will inform you regarding the amount of application fee in local currency as well as the mode of payment.

How to write an RTI Application?

  1. Pre-requisites:
    1. Your name, address, contact telephone number, and your email id.
    2. Information about the Public Information officer, name, address, etc. [Locate central Government PIOs here!]
    3. If you have problems locating your PIO/APIO, you can address your RTI application to the PIO 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 PIO.
    4. Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place.
  2. Are there any organizations in Government not covered under RTI Act?
  3. Mode of Payment available with CPIO, the fees, and Contact person to receive the application:
    1. In person by paying cash [remember to take your receipt].
    2. By Post through:
      1. Demand Draft/Bankers Cheque
      2. Indian Postal Order
      3. Money orders (only in some states)
      4. Affixing Court fee Stamp (only in some states)
    3. Some state governments have prescribed some head of account. You are required to deposit the fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach the deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favor of that account along with your RTI application. Please see respective state rules for complete details.
    4. For Public Authorities under Central RTI rules, DoPT has recently clarified that BC/DD/IPO can be in favor of "Accounts Officer." If the department or administrative unit does not have an Accounts Officer, they are supposed to designate someone, as per DoPT circular.
  4. Application Guidelines:
    1. Use a white sheet of paper to write an application. There is no need to use Note-sheet or Court stamp paper. You can use your letter pad for asking for information.
    2. The matter can be handwritten or typed. There is no compulsion of typing the content.
    3. Make sure the application is legible and easy to read.
    4. There is no restriction on the number of pages for asking information.
    5. There are also no restrictions on the number of questions that can be asked in one application. However, it is generally advisable to ask one application with a limited set of questions and generally related ones.
    6. Be very specific and ask to the point questions. Don't ask vague questions.
    7. Ask as many short questions as you like, but don't ask for voluminous information.
    8. Ask for information always by writing your name and signature, and not by your post, as only citizens have the right to information.
    9. Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill are liable to be rejected for not covering under the RTI Act.
    10. You can ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are an "affected person."
    11. If the information sought is voluminous, it is better to ask it in the form of a CD to save on cost.
    12. Remember that you do not need to write the reason for asking the information.
    13. Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details, etc., towards the end of your application.

How to submit a RTI Application?

  1. Guidelines for Getting Income Tax Refund Orders:
  2. You should get the refund order maximum within 12 months from the end of the financial year in which the I.T. return is filed.
  3. If you do not get a refund as above, submit by registered AD post letter as per annexure A with its enclosures.
  4. If no refund or reply is received within 30 days, file an RTI application as per annexure B. Enclose an IPO for Rs.10/- in the name of Accounts Officer, Income Tax Dept, Govt of India, and make it payable at the place of submission of the RTI application. IPO is available at the nearby post office. Also enclose a photocopy of annexure A and its enclosures.
  5. If no action is taken within 35-40 days of mailing the RTI application, file the first appeal within the next 35-40 days, and contact local RTI activists for preferring a second and final appeal to Central Information Commission, New Delhi.
  6. Avoid visiting the Income Tax Office. You may waste time, money, and energy and will have an unpleasant experience of a government office! Deal through registered/speed AD post. Avoid courier service.
  7. Retain a photocopy of all papers sent to the IT Dept. for future reference.
  8. The concerned Income Tax Assessing Officer is the CPIO of the ward.
  9. You can visit www.incometaxindia.gov.in for guidance.
  10. You can also refer the matter to Income Tax Ombudsman; details of which are on the website mentioned at point 8 above.
  11. Please also try tin.tin.nsdl.com/oltas/refundstatuslogin.html. Our experience shows that in most cases, only an RTI application or an indication that an RTI application will follow yields the result. Your follow-up as above will benefit you and also improve the system of the department so that other assesses will also get refunds in time. All the best to you.

Download the Sample RTI Application

Click Here To Download It You need adobe reader to view this file Download it from HERE Download File

The sample application for Income Tax Refund

  1. Guidelines for Getting Income Tax Refund Orders:
  2. You should get the refund order maximum within 12 months from the end of the financial year in which the I.T. return is filed.
  3. If you do not get a refund as above, submit by registered AD post letter as per annexure A with its enclosures.
  4. If no refund or reply is received within 30 days, file an RTI application as per annexure B. Enclose an IPO for Rs.10/- in the name of Accounts Officer, Income Tax Dept, Govt of India, and make it payable at the place of submission of the RTI application. IPO is available at the nearby post office. Also enclose a photocopy of annexure A and its enclosures.
  5. If no action is taken within 35-40 days of mailing the RTI application, file the first appeal within the next 35-40 days, and contact local RTI activists for preferring a second and final appeal to Central Information Commission, New Delhi.
  6. Avoid visiting the Income Tax Office. You may waste time, money, and energy and will have an unpleasant experience of a government office! Deal through registered/speed AD post. Avoid courier service.
  7. Retain a photocopy of all papers sent to the IT Dept. for future reference.
  8. The concerned Income Tax Assessing Officer is the CPIO of the ward.
  9. You can visit www.incometaxindia.gov.in for guidance.
  10. You can also refer the matter to Income Tax Ombudsman; details of which are on the website mentioned at point 8 above.
  11. Please also try tin.tin.nsdl.com/oltas/refundstatuslogin.html. Our experience shows that in most cases, only an RTI application or an indication that an RTI application will follow yields the result. Your follow-up as above will benefit you and also improve the system of the department so that other assesses will also get refunds in time. All the best to you.

How to File a Second Appeal under RTI?

  1. Kindly follow these guidelines for filling Second Appeal at Central Information Commission:
  2. Fill in the above appeal/complaint form, index, and chronological order of progress.
  3. If you are filing an appeal, remove the words "complaint/complainant." If a complaint is being filed, cut the words "second appeal/appellant."
  4. Get it typed in double space.
  5. Get one photocopy of:
    1. Original application under RTI with its enclosures
    2. First appeal with its enclosures
    3. Bank demand draft/pay slip/postal order/cash receipt used for paying the filing fee of Rs.10/-and other charges
    4. Copy of the demand letter of CPIO for charges if any
    5. Postal proof of mailing original application and first appeal
    6. Postal AD slips/official acknowledgement received from CPIO and FAA
    7. Decisions of CPIO and FAA if received
  6. Arrange all papers as per the index and then serially number all papers on the right-hand side top corner. This is one original set of second appeal/complaint.
  7. Prepare additional four sets as above by photocopying.
  8. Sign each page of appeal, index, and chronology chart (all five sets).
  9. Self-attest all the photocopies by signing under the word "Attested."
  10. Send one set by speed/regd/upc post to each of CPIO and FAA and attach a photocopy of proof of mailing to the original, an extra copy of the second appeal/complaint, and your copy after filling in details in the index/chronology chart.
  11. Mail the original set and one extra copy of the set by registered AD to the commission at the following address: The Registrar, CENTRAL INFORMATION COMMISSION, 2nd floor, August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066. Avoid courier services.
  12. Retain one set for your record and reference, with proof of mailing and AD received from CIC/CPIO/FAA for having received the second appeal/complaint.
  13. If the postal AD card is not received or an acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send a speed post copy of only the second appeal/complaint (without enclosures) with a request to trace the same at CIC. A photocopy of the regd post receipt may also be mailed to CIC.
  14. You can consult a local NGO/RTI activist for filing a first or second appeal to have a better result. Services are generally free.

How to make a COMPLAINT under RTI Act?

  1. Section 18 of the RTI Act empowers Central Information Commission (CIC) and State Information Commissions (SICs) to enquire into complaints against:
    1. Public Authority
    2. Public Information Officer (PIO)
    3. First Appellate Authority (FAA)
  2. Situations under which a complaint can be lodged:
    1. No PIO, APIO, or FAA is appointed by the public authority.
    2. PIO/APIO/FAA has refused to receive an application/appeal.
    3. No reply is received from PIO and FAA within the time limit fixed by the act.
    4. Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete, etc.
    5. Information has been wrongly and unjustifiably refused.
    6. When the applicant is required to pay fees/charges in excess of those prescribed in RTI rules applicable.
    7. PIO/APIO is not accessible in person or by post, and their whereabouts are not easily available/prominently exhibited.
    8. Proactive disclosure under Section 4(1) has not been made or is not made publicly available/accessible.
    9. PIO/FAA has wrongly refused inspection of records of the public authority, or reasonable cooperation is not extended during inspection.
    10. PIO, FAA, or any other person directly/indirectly intimidates, ill-treats, or pressurizes the applicant/appellant or restrains them from exercising their right under the act.
    11. PIO/FAA disobeys orders of CIC/SIC.
    12. Any other situation where the citizen has been wrongly restrained/refused access to information to which they are entitled under the act.
    13. Any other violation of provisions of the act by public authority, PIO, or FAA.
  3. How to lodge a complaint:
    1. 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. Website: www.cic.gov.in
    2. In the case of information of public authorities of State Governments, complaints have to be lodged with respective State Information Commissions (SICs). Details are available on official websites of State Governments/State Information Commissions. Please visit www.rti.gov.in for statewise details.
    3. CIC and some of the SICs have prescribed minimum information or papers that must be submitted with the complaint. Some SICs have prescribed a format for the complaint. For CIC and those SICs which have not prescribed a format, CIC does not charge any fee for complaints. Some SICs charge fees for this purpose.
    4. There is no time limit for lodging a complaint, but it is advisable to lodge the same within a reasonable time of the happening of the cause for the complaint.
    5. Send a copy of the complaint to PIO/FAA simultaneously with CIC/SIC. At times, PIO/FAA solves your problem before the hearing at CIC/SIC.
    6. Ask for punishment to PIO/FAA under the act and also claim compensation for not getting the information in time.
    7. Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
    8. Complaint is in addition to the Second/final Appeal available to applicants.
    9. It is advisable to simultaneously approach the head of the organization or government department at the capital-level (secretary/chief secretary) for their intervention. This may help get information.
    10. After lodging the complaint, please check from the concerned website if the same is registered and get a registration number and status.
    11. 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.
    12. CIC/SICs are flooded with appeals/complaints, and there is a huge pendency. Thus, it may take 12 to 36 months before the complaint is heard.
    13. It is advisable to take free help from experienced RTI activists/NGOs if locally available so that the matter can be effectively and properly represented through the complaint.

From Which organization of Government I cannot get Information?

The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005. However, these Public Authorities have to respond to RTI Applications which pertain to subjects of Human Rights and Corruption. As per Section 5(1) of the RTI Act and the instructions of DoPT, they are also supposed to have a PIO and a AA. (Please see: righttoinformation.gov.in), As on 28th March 2008, the following is the list in the Second Schedule: 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 Organisation. 21. Border Road Development Board. 22. National Security Council Secretariat Similarly, some States within the union has also exempted certain Public Authorities in the respective states, from the purview of the Act. Please check separately for each State. To read the full act visit here: http://act.rtiindia.info NOTE: Vide a gazette Notification dated 8th October 2008, one more organisation was added to the exempted list: 22. National Security Council Secretariat persmin.gov.in/WriteData/Circ..._6_2008_IR.pdf

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