Sunday, March 29, 2009

ANDHRA PRADESH RTI RULES

ANDHRA PRADESH RIGHT TO INFORMATION RULES


1. APPLICATION:

State rules do not provide for a format for application for seeking information under RTI Act 2005. Applicants can therefore use format annexed herewith.

2. FEES:

A] Application Fee:
• Public Authorities at Village level – NO FEE
• Public Authorities at Mandal level – Rs. 5.00
• All other Public Authorities – Rs. 10.00
• White card holders: NIL
Mode of payment:

• By Demand Draft or Banker’s Cheque or Indian Postal Order [IPO] in the name of “Accounts Officer, name of dept/office” to which application is submitted [e.g. “Accounts Officer, Municipal Corporation, Guntur”] payable at the place where application is filed.
• By affixing court fee stamp on the application [This mode should be preferred or IPO be used]
• By direct payment in cash against proper receipt of SPIO.

B] Other charges:

• Rs.2/- per page created / copied for A4 / A3 sizes;
• actual charges for larger paper;
• Actual cost / price for samples / models;
• For inspection of records : Rs.5/- per hour or part thereof.
First hour is free.
• Rs.100/- per CD, Rs.200/- per DVD
• Actual cost of books and other printed matter.
• Postage charges: actual
Charges can be paid in the mode stated under A supra

3. APPEALS:

a. Rules provide no format for first/second appeal or complaint.
b. No fees are charged for appeals/complaint.
c. Guidelines and suggested formats for appeals/complaint are available at following links:

FIRST APPEAL STATE:
http://www.rtiindia.org/forum/blogs/jps50/341-first-appeal-state-govts.html

SECOND APPEAL/COMPLAINT STATE:
http://www.rtiindia.org/forum/blogs/jps50/342-second-appeal-complaint-state-information.html

Second appeal/complaint should be addressed to the State Information Commission at following address.

4. ADDRESS OF STATE INFORMATION COMMISSION:

ANDHRA PRADESH Information Commission
Ground Floor, HACA Bhavan
Opposite Public Gardens,
Hyderabad 500004

CONTACT DETAILS:
Phone 040- 23230245/246 , 040- 23230607
Fax 040- 23230591
E-Mail: info.apic@gmail.com
Website: www.apic.gov.in

5. RTI ACTIVISTS IN A. P.:

Shri C J Karira
Secunderabad - 500026
Tel: 040-27733114, 27732227
Mob: 9848203583
email: karira@eth.net

Shri Srinivas Madhav
Centre for Good Governance
Hyderabad - 500 033
Mob: 9247159343
madhavsmadhav@yahoo.co.in


9. Format for RTI Application:
THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: ________ By speed/regd .AD post

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant:

2. Full Address [with phone No.]:

3. Particulars of information required:

4. Details of payment of filing fees:

5. Details of enclosures:

6. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

7. Please also provide me file notings and action taken report on this application along with your reply.

Signature of Applicant
_______________________________________________________

Short guidelines for applying:

1. Decide the exact information you desire to have with period etc. Do not ask questions. Seek information and copies of record relating to your matter.

2. Locate the exact SPIO/Asstt SPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to SPIO of concerned office or Head Office or ministry to whom the information may pertain. He will mail to correct SPIO within five days of receipt of your application.

4. Please pay application fee as prescribed above.

5. Attach self-attested photocopies of papers, which you think would help locate the information by SPIO.

6. Retain photocopy of entire set.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD.

9. Remit other charges promptly as mentioned above, if requested by SPIO.

10. If you do not receive reply within 40 days, including postal delay, from the date of mailing by you; prepare to file first appeal to the FIRST APPELLATE AUTHORITY. You have 30 days time from the date when information should have reached you, for first appeal.

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal.

12. It is advisable to consult local RTI NGO/activists/useful website like www.rtiindia.org for first and second appeals or complaint for better results.
_______________________________________________

Compiled on 28-03-2009 based on following G.Os.:

http://www.apic.gov.in/454.do
http://www.apic.gov.in/530.do
http://www.apic.gov.in/545.do
http://www.apic.gov.in/740b.do
http://www.apic.gov.in/G.O.Ms.No.66.do

Friday, March 27, 2009

RTI APPLICATION FOR STATE GOVT INFORMATION

Format of RTI Application for Information of State Govts, where format is not prescribed under State RTI Rules:

Some states have prescribed format for RTI application under their RTI rules, which needs to be used for that state. Many states have not prescribed such a format. In such cases following format can be used.
__________________________________________________

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: ________ By speed/regd .AD post

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant:


2. Full Address [with phone No.]:

3. Particulars of information required:

4. Details of payment of filing fees:

5. Details of enclosures:

6. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

7. Please also provide me file notings and action taken report on this application along with your reply.

Signature of Applicant
_______________________________________________________

Short guidelines for applying:

1. Decide the exact information you desire to have with period etc. Do not ask for questions. Seek information and copies of record relating to your matter.

2. Locate the exact SPIO/Asstt SPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to SPIO of concerned office or Head Office or ministry to whom the information may pertain. He will mail to correct SPIO within five days of receipt of your application.

4. Please pay application filing fee as prescribed in State RTI Rules, which are available state-wise at www.rti.gov.in

5. Attach self-attested photocopies of papers, which you think would help locate the information by SPIO.

6. Retain photocopy of entire set.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD and official acknowledgement if received.

9. Remit charges if requested by the SPIO towards photocopying etc.

10. If you do not receive reply within 40 days, including postal delay, prepare to file first appeal to the FIRST APPELLATE AUTHORITY. You have 30 days time from the date when information should have reached you, for first appeal.

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal.

12. It is advisable to consult local RTI NGO/activists/useful website like www.rtiindia.org for first and second appeals or complaint for better results. Consultation is normally free as a social service.

SECOND APPEAL/COMPLAINT FOR STATE INFORMATION

The Right to Information Act, 2005

Appeal/Complaint before

STATE INFORMATION COMMISSION


To,
State Chief Information Commissioner
State Information Commission, ________State
________________________________________

________________________________________

As I am aggrieved by decision/ NO decision of Public

Information Officer and/or First Appellate Authority, I hereby

file this appeal/complaint for your kind decision.

1. Details of appellant/complainant

1.1 Full Name:

1.2. Full Address:

1.3 Phone/Cell No.:

1.4 Email ID:

2. Details of PIO:

2.1 Designation:

2.2 Full Address:

2.3 Name of Public Authority:


3. Details of First Appellate Authority [FAA]:

3.1 Designation of the FAA:

3.2 Full Address of FAA:

4. Dates of RTI application/first appeal:

4.1 To CPIO: ________ & mailed on: _________

4.2 To FAA: ________ & mailed on: _________

5. Particulars of Decisions:

5.1 Reference No & Date of PIO’s Decision:

5.2 Reference No & Date of FAA’s Decision:

5.3 Date/s of personal hearing by FAA:

6. Dates of receipt of replies by appellant/complainant from:

6.1 PIO:

6.2 FAA:

7. Details of information sought:

as per enclosed RTI application.

8. Brief facts of the case:

9. Reasons/grounds for this appeal / complaint:

10. Any other information in support of appeal/complaint:

11. Prayer/relief sought for:

A] Full and correct information be ordered to be supplied immediately by registered post at my address.

B] Information be now supplied to me free of cost.

C] PIO be advised to permit inspection of record, as requested by me. [if applicable]

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

12. Grounds for prayer/relief sought for:

13. Personal Presence at hearing: YES / NO

14. Payment of fee [ if prescribed in State RTI Rules] :
Fee of Rs. ____for filing second appeal/complaint is paid as under:

IPO/Bank DD No.________/court fee stamps/non-judicial stamps

Declaration: I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.


Place: Date: Signature of appellant/complainant




INDEX OF APPEAL/COMPAINT
of Mr._________________ dated ________with SIC

Particulars Page Sr. No. from/ to

1. Original second appeal/complaint

2. Chronology chart

3. Copy of RTI application dtd____
with its enclosures.

4. Copy of proof of mailing RTI application

5. DD/IPO/PS/Cash receipt for filing fees
and other charges.

6. Copy of first appeal dtd.____ with its enclosures

7. Copy of proof of mailing first appeal

8. Postal A.D. card/Acknowledgement letter,
received from PIO & FAA

9. Copy of decision of PIO dated________

10 Copy of decision of FAA dated________

11. Proof of mailing complaint/second
appeal to PIO and FAA

12. Other documents in support:

13. Index

Signature of appellant/complainant

CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.__________________________ dated ________

Action Date

1. Application mailed to APIO/PIO on

2. Application received by APIO/PIO on

3. Date of receipt of letter for paying charges

3. Date of remitting charges to PIO

3. Date of decision of PIO

4. Date of receipt of decision of PIO
by appellant/complainant

5. First appeal mailed to FAA on

6. Date of receipt of appeal by FAA

7. Date/s of personal hearing by FAA

8. Date of decision of FAA

9. Date of receipt of decision of FAA
by appellant/complainant

10. Date of Second Appeal/complaint

11. Date of mailing copy of second
appeal/ complaint to PIO & FAA

12. Date of mailing Second Appeal /complaint to SIC

Signature of appellant/complainant

Guidelines for filing second appeal/complaint with SIC

1. Few state information commissions [SIC] have prescribed format for second appeal or complaint. Please check from www.rti.gov.in for state-wise details. If format is prescribed, please use the same. Otherwise above form can be used.

2. l in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.

3. Get one photocopy of:
• Original application under RTI with its enclosures
• First appeal with its enclosures
• Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee and other charges
• Copy of demand letter of PIO for charges if any
• Postal proof of mailing original application and first appeal
• Postal AD slips received from PIO and FAA [if received]
• Decisions of PIO and FAA if received.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.

5. Prepare additional four sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all five sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by UPC post to each of PIO and FAA and attach photocopy of UPC of mail to original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by Speed AD to the commission. Address can be had from www.rti.gov.in

10. Email to SIC. Details can be obtained from website of concerned SIC, by visiting www.rti.gov.in.

11. Retain one set for your record and reference, with proof of mailing and AD received from SIC/PIO/FAA for having received second appeal/complaint.

12. Track progress of your appeal/complaint by visiting tracking system at the website of SIC.

13. Speed post can be tracked and copy of delivery details can be downloaded from www.indiapost.gov.in. Please retain these details for further reference to SIC.

14. Few states have mandated small fee for second appeal. Please visit RTI Rules of the state by referring to www.rti.gov.in and pay the same. Fill in details of payment in the above format.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing first or second appeal to have better result. Services are normally free.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat. 09924106490
27032009


“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.

FIRST APPEAL FOR STATE INFORMATION

FORMAT FOR FIRST APPEAL FOR INFORMATION OF STATE WHERE STATE RTI RULES DO NOT PRESCRIBE FORMAT FOR FIRST APPEAL

________________________________________________________

The Right to Information Act, 2005

First Appeal

Date:

By Registered AD post.

To,

The First Appellate Authority under RTI Act
Dept/Office___________________ _______________________


Sir,

As I am aggrieved by decision/no decision of Public

Information Officer, I hereby file this appeal for your kind decision.

1. Details of appellant

1.1 Full Name :

1.2. Full Address :

1.3 Phone/Cell No. :

1.4 Email ID :

2. Details of PIO:

2.1 Name/Designation:

2.2 Full Address :

2.3 Name of Public Authority:

3. Details of RTI application to PIO:

Date of Application________

Mailed on: _________

by registered/speed post No.________/hand delivery.

Date of receipt by PIO:______________

4. Particulars of payment of appeal filing fee:

Paid Rs. ______by Court fee stamp/non- judicial stamp/IPO/Bank

D.D.No _________

[Please refer guideline No. 4 at the end]

5. Details of information sought:

As per enclosed RTI application

6. Particulars of Decision of PIO:

Letter reference No _________________dated________

Date of receipt of decision by the appellant: ___________

7. Brief facts of the case:


8. Reasons/grounds for this appeal:



9 Any other information in support of appeal:



10. Prayer/relief sought for:

A] Full and correct information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] PIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

11. Grounds for prayer/relief sought for:


12. Personal Presence at hearing: YES / NO


13. Enclosures: Photocopies of original RTI application with its enclosures, postal proof of mailing, self attested decision letter of PIO [if received], Original IPO/DD for appeal filing fee.

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.


Place: Signature of Appellant

P.S. For informed decision on appeals please refer: 1. Office memorandum No. 10/23/2007-IR dated 09-07-2007 issued by DoPT, Govt. of India and 2. Decision No. CIC/AT/A/2007/01502 dated 24-10- 2008 of CENTRAL INFORMATION COMMISSION New Delhi. Thank you, Sir.


______________________________________________________


Guidelines for filing FIRST APPEAL for State Govt. Information

1. This format has to be used where State RTI Rules do not prescribe format for first appeal. State-wise details are at www.rti.gov.in. Majority of states have not mandated such form, but if it is prescribed, that form should be used. If in doubt, use the above form, which is exhaustive.

2. First appeal has to be filed within 30 days from date of receipt of decision of PIO by the applicant with First Appellate Authority [FAA].

If no reply is received within 30 days [35 days if application is lodged with APIO] from the date of receipt by PIO [APIO], then first appeal has to be filed within 30 days from the date when reply was due from PIO.

2. Find out designation and address of first appellate authority from the decision letter of PIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.

3. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:

The First Appellate Authority under RTI Act 2005
C/O. Head of _______________Dept/office

and mention address of PIO’s dept/office

4. Some states [like Maharashtra etc] have fixed fee for filing first appeal. For state-wise amount and mode of payment of fee please refer www.rti.gov.in

5. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Self Attested’ and his full signature.

6. Retain one set of appeal and postal receipt and AD receipt.

7. You can deliver personally also, but mailing by regd. ad/speed post is preferable. Couriers should be avoided.

8. FAA has to decide within 30 days from the date of receipt of first appeal. You can file second appeal with Central Information Commission, New Delhi within 90 days from the date of receipt of decision of FAA or from date when it was due, if no reply is received.

9. FAA is a senior officer in the office/dept of PIO.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat 09924106490
27-03-09

HARYANA RTI RULES

HARYANA RIGHT TO INFORMATION RULES 2005

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is annexed herewith.

2. FEES:

A. Application fee: Rs.50/- to be paid by bank’s demand draft or pay order or Indian Postal Order [IPO] or in cash against receipt or through treasury challan. Applicants holding BPL certificate need not pay any application fee.

Payment by IPO should be preferred being cheap and convenient. IPO should be in favour of “Accounts Officer, [mention name of public authority i.e. govt dept/organization etc]” and should be made payable at the place where application is sent.

B. Other charges: Information in A-3 or A-4 size paper….Rs.10 per page, Large size: actual cost, publications: actual cost. CD Rs.100/- per CD. Inspection: Rs.10/- each fifteen minutes or part of it, with first hour free.

3. APPEALS:

Rules do not provide for formats for first appeal, second appeal/complaint. No fees are charged for appeals.
Suggested formats for appeals/complaint are annexed hereunder.

4. Address of State Information Commission, Haryana:

State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.

5. Contact details of Commission:
Telephone No. 0172-2726568, Fax No. 0172-2783834
Website: http://cicharyana.gov.in/



6. NGO/Individuals active in HARYANA for RTI:

Pardeep Singh Rapria, Advocate
State President cum Legal Advisor,
HARYANA NYAY MANCH
Mobile in Delhi : +-91-9999212148
Mobile in Haryana:+ -91-9896040307
______________________________________________________

7. HARYANA State Format for RTI Application:

The Right to Information Act, 2005

Form A [See rule 3 (1)]

To
The State Public Information Officer/
State Assistant Public Information Officer,
(Name of the office with address)

1. Full name of the applicant:

2. Address:

3. Particulars of information required:-
(i) Subject matter of information*
(ii) The period to which the information relates**
(iii) Description of the information required***
(iv) Whether information is required by post or in person
(the actual postal charges shall be included in addition to the fees.)
(v) In case by post (Ordinary, Registered or Speed)

4. IPO No. ____________for Rs.50/- is enclosed.

Place :

Date:

Signature of the Applicant.

* Broad category of the subject to be indicated (such as Grant/Government land/ Service matters/Licenses etc.)
** Relevant period for which information is required to be indicated.
*** Specific details of the information are required to be indicated.
ACKNOWLEDGEMENT
Received your application dated _______________ ,-- vide Diary No.______________ dated _____________ .
(Signature)
State Public Information Officer/ State Assistant Public Information Officer, Name of the Department/Office
_____________________________________________________

8. HARYANA State Format for First Appeal:

The Right to Information Act, 2005
First Appeal

Date:______________

To
The Appellate Authority By regd AD post
(Department/office)………………

Sir,
As I have not received any decision/As I am aggrieved by the decision of the Public Information Officer…………, I hereby file this appeal. The particulars of my application are as under:

1. Name of the appellant :
2. Address of appellant :
3. (A) Designation of the State Public Information Officer :
Address of State Public Information Officer:
(B) Department/office and address :
(C) Particulars of the decision against which the
appeal is preferred including the No. &
Date of such decision.
4. Date of application submitted in the Form A :
5. Details of Information sought: as per enclosed form A
6. Reasons for Appeal:
7. Brief facts of the case.
8. Prayer/relief’s sought for :

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

9. Enclosures: Self attested copies of RTI application, reply of SPIO [if received], postal proof of mailing RTI application.

I hereby state that the information and particulars given above are true to the best of my knowledge and brief.

Place Signature of Appellant

___________________________________________________

9. HARYANA State suggested format for second appeal/complaint:
SEOND APPEAL/COMPLAINT
TO STATE INFORMATION COMMISSION, HARYANA

Date: By speed post AD


To,
State Chief Information Commissioner,
State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.

Respected Sir,

As I have not received any decision/As I am aggrieved by the decision of the PIO & First Appellate Authority, I here by file this second appeal/complaint for your kind consideration. The particulars are as under:

[1) Full name of the Applicant :


[2] Address of Applicant with
phone No. and email ID if any :


(3) Name and address of StatePublic Information Officer:


No. and date of reply if received:

(4) Name and address of the First Appellate Authority:


No. and date of reply if received:


[5] Date of receipt of order of
first appellate authority :


(6) Particulars of information sought- as per enclosed RTI application


(7) Brief facts and grounds for appeal:


[8] PRAYER/Relief:

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

(9) Enclosures: Self attested photo copies of the following documents :

A. Application in form A dated________ with its enclosures if any,
B. Reply dated ________of PIO if received, C. First Appeal dated ________D. Reply dated_______ to first appeal, if received, E. Postal proof of posting of Form A and first appeal.

[10]. Verification: I the undersigned hereby state that the information and particulars given here-in-above are true to the best of my knowledge and belief.


Place : Signature of Appellant/Complainant

Thursday, March 26, 2009

NON-COMPLIANCE OF ORDERS OF INFORMATION COMMISSIONS

Of late, appellants are facing problem of non-compliance/defective compliance of orders of Information Commissioners of CIC or SICs by PIO, FAA and Public Authority. Under such circumstances, the appellant should file complaint with the concerned SIC or CIC, as the case may be. SICs and CIC have no mechanism to ensure that their orders are complied with or not by the respondents. To enable the appellants to ensure compliance of IC orders, I am appending draft of complaint to be filed with CIC/SIC, and operative guidelines for filing.

_______________________________________________________

The Right to Information Act, 2005

Complaint u/s 18 before

CENTRAL/STATE INFORMATION COMMISSION

By speed ad post & email

TO,
Chief Information Commissioner,
Central/State Information Commission
_______________________________,

___________________________________

Hon’ble Sir,

As I am aggrieved by NON-COMPLIANCE or IMPROPER COMPLIANCE of order/decision of this Hon’ble Commission by Public Information Officer [PIO] and/or First Appellate Authority [FAA] and/or Public Authority [PA] , I hereby file this complaint for your kind EFFECTIVE action for compliance of decision/orders.

1. Details of complainant:

1.1 Name:

1.2. Address:

1.3 Phone/Cell No.:

1.4 Email ID:

2. Details of PIO:

2.1 Name/Designation:

2.2 Address:

2.3 Name of Public Authority:

3. Details of First Appellate Authority [FAA]:

3.1 Name/Designation of the FAA:

3.2 Address of FAA:

4. Dates of RTI application & first appeal:

4.1 RTI application dated ________

4.2 First appeal dated ________

5. Particulars of Decision of IC:

Decision No. ___________dated ___________of Hon’ble IC

Shri ____________________ [copy enclosed]

6. Brief facts of the case:

I had sought information as per enclosed RTI application dated_________ The Hon’ble Commission decided as stated above. However, PIO, FAA, PA have failed to implement orders of the Hon’ble Commission. Hence this complaint is filed.

CPIO/FAA have thus also committed offences punishable under Sections 176, 177, 186, 187, 188 and 228 of the Indian Penal Code, apart from rendering themselves liable for penalty stipulated under Section 20(1) of the Right to Information Act, 2005.


7. Reasons/grounds for this complaint:

*Despite orders of Hon’ble IC, PIO has not provided required information within the time stipulated in the decision i. e. by _____________[date]

OR

*PIO has supplied incomplete/irrelevant information which is not in consonance with the decision stated above of the Hon’ble IC. Copy of information supplied is enclosed and it has following deficiencies vis-à-vis information ordered to be supplied to me:

a.

b.

OR

*I have not been permitted inspection of records despite follow-up from my end.

OR

*I have not been paid amount of compensation ordered by IC.

OR

*_________________________________________________
_______________________________________________

[* delete which ever is not applicable]

8. Prayer/relief sought for:

A] Hon’ble Commission be pleased to initiate effective steps as deemed appropriate to ensure compliance with its decision/order.

B] Correct and complete information sought be ordered to be supplied immediately by registered post at my address, free of cost as per decision/order.

C] PIO be advised to permit inspection of record, as requested by me and permitted in the decision/order . [if applicable]

D] Exemplary penalty as per RTI Act or other law be imposed on PIO, FAA and Public Authority specially for contempt of Hon’ble Commission.

E] I should be fully compensated for not supplying correct and complete information in time limit fixed by Hon’ble IC in above decision.

F] Disciplinary action be ordered to be initiated for defiance of orders of the Hon’ble Commission, with detailed periodic reporting to the Commission.

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book of the concerned PIO, FAA and Head of PA for defying act of the parliament and for contempt of the Hon’ble Commission.

9. Grounds for prayer/relief sought for:

Defiance of orders of Hon’ble Commission by government public servant is a serious matter and if not checked with iron hands it will make mockery of RTI Act. The prayers and relief above mentioned will make the public servants understand that in a democracy "you be ever so high, the law is above you".

10. Enclosures: Copies a. RTI application b. decision of IC and c. reply of PIO [if replied] d. postal proof [ UPC] of mailing copy of this complaint to PIO, FAA and Head of PA. e. other documents if any:


11. Personal Presence at hearing: YES / NO

12. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.




Place: Date: Signature of Complainant

Copy mailed under certificate of posting to:

1. PIO, 2. FAA and 3. Head of Public Authority


The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.


















INDEX OF COMPAINT

of Mr. _________________ dated ________

Particulars Page Sr. No. from/ to

1. INDEX

2. Original COMPLAINT:

3. Chronology chart:

4. Copy of RTI application dtd____
with its enclosures. :

5. Copy of decision of IC dated_______:

6. Copy of information supplied after order of IC
by PIO [if supplied] :

7. Postal UPC of mailing copy of complaint to
PIO and FAA and Head of PA:

8. Other documents in support of complaint:



Signature of Complainant















CHRONOLOGICAL CHART OF COMPLAINT

of Mr.__________________________ dated ________

Action Date

1. RTI Application mailed/submitted on:

2. Date of decision of Commission:

3. Date of receipt of information from PIO
after decision of IC [if supplied] :

4. Date of mailing copy of complaint to
PIO, FAA and Head of PA

5. Date of mailing this complaint to IC


Signature of Complainant

















Guidelines for filing complaint with Information Commission for non-compliance of its orders:

1. Fill in the above complaint form, and chronological order of progress.

2. Get it typed in double space.

3. Get one photocopy of each of the enclosures mentioned in complaint.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. Complete index. This is one original set of complaint.

5. Prepare additional five sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all six sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by upc post to each of PIO, FAA and Head of PA. Attach photocopy of UPC of mailing to the original and to one extra copy of complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by speed AD to the commission at the following address. Avoid courier services.

10. Retain one set for your record and reference, with proof of mailing and AD received from Commission for having received complaint.

11. Email the complaint to Information Commission, PIO, FAA and Head of PA on the day of mailing by post.

12. Keep track of speed post by visiting www.indiapost.gov.in and download screen shot of delivery of your cover to the commission

13. Periodically visit website of Commission for tracking progress of your complaint. Normally it takes 6 to 24 months for decision depending upon efficiency of Commission.

14. Some States [like Karnataka] have prescribed separate format for complaint. The same should be used. Few states have prescribed fee for complaint and it has to be paid as per state RTI rules with the complaint. State-wise details are available at www.rti.gov.in. CIC Delhi has not prescribed fee or format for complaint.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing complaint. Services are normally free.

My suggestion: Even where information is supplied but penalty is also imposed by IC, appellant should further file RTI application after 6 months of decision to know if the penalty has been actually recovered and credited to government account. ICs have no facility to track recovery of penalties. Your RTI application will strengthen the system.


__________________________Good luck and Happy RTIing______

Thursday, March 19, 2009

WEST BENGAL RIGHT TO INFORMATION RULES

WEST BENGAL RIGHT TO INFORMATION RULES

1. APPLICATION:

Rules do not provide for a format for application under RTI Act. Format appended below can be used.

2. FEES:

A. Application fee: Rs.10/- to be paid by

a. affixing court fee stamp or non-judicial stamp paper [available with stamp vendors near courts]

b. Indian postal order [IPO] favouring “[name of the bank] a/c Govt of West Bengal RTI Act”. IPO is available at post offices.

Note: While affixing stamp/stamp paper is the best mode, applicants outside WB will have to pay by IPO. In that case it is difficult to get name of the bank from the SPIO [State Public Information Officer] concerned, who may not reply. Hence IPO may be made out in the name of ‘ACCOUNTS OFFICER, GOVT OF WEST BENGAL’ or name of the payee be left blank and SPIO be requested to fill-in the correct name.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. Floppy or CD Rs.50/- per floppy/CD. Inspection: Rs.5/- each fifteen minutes or part thereof. These charges are to be paid by Demand drafts or IPO or cash

3. APPEALS:

Rules do not provide for format for first appeal, second appeal or complaint. No fees are charged for appeals. Suggested formats for appeals which can be used with relevant changes are available at:

a. First appeal:

http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html

b. Second appeal or complaint:

http://www.rtiindia.org/forum/blogs/jps50/16-second-appeal-complaint-cic-guidelines.html

http://www.rtiindia.org/forum/blogs/jps50/15-second-appeal-complaint-cic-format.html

4. Address of West Bengal Information Commission:

West Bengal Information Commission
Bhabani Bhavan (2nd Floor)
Alipore, Kolkata-700 027

Contact details: Phone(033) 2479 1966, FAX (033) 2479 1966
Email scic@wb.nic.in. website: www.wbic.gov.in

5. Individuals/ NGOs active in WB for RTI:

a. WEST BENGAL RTI MANCH
66 PHEARS LANE, KOLKATA-700073.
PHONE: +91 33 40042286, FACSIMILE: 0091 33 40042286
MOBILE: +919231413834
RTI HELPLINE: +919433620192 [10:00 Hrs – 22:00 Hrs]

b. Sabir Ahamed
48 Ripon Street, Kolkata - 700 016
West Bengal Mob:09831632697 sabirahamed@gmail.com

c. RTI helpline:
West Bengal ( with the help of Airtel): 9903422784



6. Format for RTI Application:

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: ________ By speed/regd .AD post

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant :

2. Full Address :

3. Particulars of information required:

4. Details of payment of filing fees:

a. court fee stamp/non-judicial stamp paper of Rs. 10/- affixed on the top of application OR

b. Indian Postal Order No. __________dated __________for Rs.10/- is enclosed. Please fill-in name of payee and place, as I do not know name of bank attached to your public authority.

5. Details of other enclosures if any :

6. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

7. Please also provide me file notings and action taken report on this application along with your reply.


Signature of Applicant

Saturday, March 07, 2009

Formation of ALL INDIA RTI USERS’ ASSOCIATION.

Date: 07-03-2009

Dear RTI Activists,

Subject: Formation of ALL INDIA RTI USERS’ ASSOCIATION.

Keeping in view present anti-RTI attitude and approach of Information Commissioners at Centre and States, Judiciary, politicians, bureaucrats, Governments and other stake holders who are implementing or managing RTI, it has become necessary for common citizens who are interested in RTI and its proper implementation on the ground, to form an all-India body with state and metro city units. This is more so because RTI is being systematically consigned to law books by vested interests. If civil society activists do not unite and collectively exert force, this sunshine law will be practically useless over next 2-3 years. Common man is not finding RTI effective due to inordinate delays, tardy interpretation and ineffective implementation by ICs. Government is busy in preparing reams of reports without any action on the ground zero.

The association and its state and metro city units can be established on the lines of various all India business and industry associations.

As a first step, I request that few of us should form a provisional all India working committee for formation of ALL INDIA RTI USERS’ ASSOCIATION. State and metro city-wise NGOs/ activists can take initiative to organize State Units and Metro City Units. Detailed modalities can be worked out as a second step. The committee can invite top most RTI activists and crusaders of India to lead/guide the association.

In democracy numbers count and there is tremendous force in unity. I have personally witnessed strength of trade unions and officers’ associations in banking industry. I think we can replicate same structure for common good of Indian citizens, who want and deserve real democracy from our own rulers at least after 61 years of independence. In Mumbai and Chennai RTI activists have already started uniting on a common platform.

Those who endorse my suggestion and desire to contribute collectively to make RTI effective in real sense and spirit for its end-users, may kindly convey their views and suggestions [ and if possible along with names, places and email IDs of other persons/NGOs who are active for RTI] at airtius@gmail.com and at jpshah1950@gmail.com.

1000 mile journey begins with one step. Let us put our first step forward to strengthen democracy for common man. Let us do our part of job, rather than blaming some one else. If we do not collectively act NOW, we shall never be able to act ever for Right to Know. Signals are alarming. Your half an hour per day or 15 hours a month for RTI will change the way we are governed and treated at govt. offices. Choice is yours, Sir/Madam.

Yours truly,
I blog at: www.jps50.blogspot.com J. P. Shah
To,
Email addressees
**********************************************************
“Never doubt that a small group of thoughtful committed citizens can change a nation; indeed, it's the only thing that ever has.”
-Dr. Margaret Mead

“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.

"All that is necessary for the triumph of evil is for good men to do nothing." --- Edmund Burke

Hon’ble Supreme Court in Lucknow Development Authority vs M. K. Gupta [ (1994) 1 Supreme Court Cases- 243]

“……………..Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it…..”
.
“It is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to other with no result. The culture of window clearance appears to be totally dead. Even in ordinary matters a common man who has neither the political backing nor the financial strength to match the inaction in public oriented departments gets frustrated and it erodes the credibility in the system…...”

“Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented……… “
[emphasis added] Jai Hind

Monday, March 02, 2009

ORISSA RTI RULES

ORISSA RIGHT TO INFORMATION RULES

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is annexed herewith.

2. FEES:

A. Application fee: Rs.10/- to be paid in cash against receipt or by treasury challan. Applicants holding BPL certificate need not pay any application fee.

B. Other charges: To be paid in cash.

Information in A-3 or A-4 size paper….Rs.2/- per page, Large size: actual cost, publications: actual cost. Floppy or CD Rs.50/- per floppy/CD. Inspection: No fee for the first hour & Rs.5.00 for each 15 minutes (or fraction thereof) thereafter.

3. APPEALS:

Rules provide for format for first appeal [Format – D]. Fee of Rs.20/- through court fee stamp is prescribed for first appeal.

For second appeal/complaint format E and fee of Rs.25/- by court fee stamp is prescribed.

Formats for appeals are annexed hereunder

4. Address of Orissa Information Commission:

Orissa Information Commission
Block B1, Toshali Plaza, Satyanagar,
Bhubaneswar-751007 Orissa

5. Contact details: website:

http://orissasoochanacommission.nic.in/default.aspx
E-mail: orissasoochana@ori.nic.in
Helpline No: 18003456777

Other useful links:
http://www.orissasoochanacommission.nic.in/rti_rules.html

6. Activists in Orissa

A] N.A.Shah Ansari
President, Young India
At/Po- Konark, Dt- Puri, Orissa 752111
Ph- 06758.236471, Fax- 06758.236034, Cell- 09437036471
email- youngindia@hotmail. com
visit: www.youngindia.net.in


B] Sidharth Misra, Cuttack sidharthbbsr@gmail.com

7. RTI Application Format

FORM – A
See Rule – 4 (I)
Application for Information under section 6 (1) of the Act
To
The Public Information Officer
(Name of the office with address)
1. Full name of the applicant
2. Father / Spouse name
3. Permanent address
4. Particulars in respect of Identity of the applicant
5. Particulars of information solicited
(a) Subject matter of information
(b) The period to which the information relates
(c) Specific details of information required
(d) Whether information is required by post/ in person/email
(The actual postal charges shall be included in providing information)
(e) In case by post (ordinary, registered or speed)
6. Address/email ID to which information will be sent & in which form
7. Has the information provided earlier
8. Is this information not made available by the Public authority
9. Do you agree to pay the required fee
10. Have you deposited application fee
(If yes details of such deposit)
11. Whether belongs to BPL category, have you furnished the proof of the same.
Place
Date
Full Signature of the applicant
Address
_______________________________________________________

8. Format for first appeal:

FORM – D
[See Rule – 7 (1)]
Form of Memorandum of Appeal to the first Appellate Authority under
Section 19 (1) of the Act

From
_______________________
(Applicant’s Name & address)
Before
The First Appellate Authority
1. Full name of the Appellant :
2. Address :
3. Particulars of Public Information Officer :
4. Date of receipt of the order appealed against :
5. Last date for filing the appeal :
6. Particulars of information:
(a) Nature and subject matter of the information required :
(b) Name of the office or Department to which the :
information relates
7. The grounds for appeal :
(Details if any to be enclosed in separate sheet)
Verification
I, _____________________________________Name of the appellant, son of / daughter
of / wife of ____________________________________hereby declare that the particulars
furnished in the appeal are to the best of my knowledge and belief, true and correct and that I
have not suppressed any material fact.
Signature of the Appellant
Place :
Date :

To
_________________________________
Name and address of Appellate Authority
_______________________________________________________

9. Format for second appeal:

FORM – E
[See Rule 7 (3)]
Second Appeal under Section 19 (3) of the Act
From
_______________________
(Applicant’s Name & address)
To
The State Information Commission
1. Full name of the Appellant:
2. Address:
3. Particulars of the first Appellate Authority :
4. Date of receipt of the order appealed against :
5. Last date for filing the appeal :
6. Particulars of information
(a) Nature of subject matter of the information required :
(b) Name of the office or Department to which the :
information relates
7. The grounds for appeal :
(Details items to be enclosed in separate sheet)
Verification
I, _____________________________________(Name of the appellant, son of / daughter
of / wife of ____________________________________hereby declare that the particulars
furnished in the appeal are to the best of my knowledge and belief, true and correct and that I
have not suppressed any material fact.
Signature of the Appellant
Place :
Date :

To
Orissa State Information Commission
Block B1, Toshali Plaza, Satyanagar,
Bhubaneswar-751007 Orissa

Note: This can be used for complaint u/s18 with relevant changes.