RTI FAQs INCOIS
RTI FAQs INCOIS
RTI FAQs INCOIS
1.5. What is the Fee for seeking information from Central Government Public
Authorities?
A person who desires to seek some information from a Central Government Public
Authority is required to send, along with the application, a demand draft or a
banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the
Accounts Officer of the public authority as fee prescribed for seeking information.
The payment of fee can also be made by way of cash to the Accounts Officer of the
public authority or to the Assistant Public Information Officer against proper
receipt. However, the RTI Fee and the mode of payment may vary as under Section
27 and Section 28, of the RTI Act, 2005 the appropriate Government and the
competent authority, respectively, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
1.6. What is the Fee for the Below Poverty Line (BPL) applicant for seeking
information?
If the applicant belongs to below poverty line (BPL) category, he/she is not
required to pay any fee. However, he/she should submit a proof in support of
his/her claim to belong to the below poverty line.
The information seeker can also submit the application online through the RTI
portal at https://rtionline.gov.in/. The applicant can use the Submit Request form
provided in the RTI portal.
1.11. Is there any assistance available to the applicant for filling RTI application?
If a person is unable to make a request in writing, he may seek the help of the
Public Information Officer to write his application and the Public Information
Officer should render him reasonable assistance. Where a decision is taken to give
access to a sensorily disabled person to any document, the Public Information
Officer, shall provide such assistance to the person as may be appropriate for
inspection.
1.14. Is there any scope for second appeal under the RTI Act?
If the first appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order of the first
appellate authority, he may prefer a second appeal with the Central Information
Commission within ninety days from the date on which the decision should have
been made by the first appellate authority or was actually received by the appellant.
1.15. Whether complaints can be made under this Act? If yes, under what
conditions?
If any person is unable to submit a request to a Public Information Officer either by
reason that such an officer has not been appointed by the concerned public
authority; or the Assistant Public Information Officer has refused to accept his or
her application or appeal for forwarding the same to the Public Information Officer
or the appellate authority, as the case may be; or he has been refused access to any
information requested by him under the RTI Act; or he has not been given a
response to a request for information within the time limit specified in the Act; or
he has been required to pay an amount of fee which he considers unreasonable; or
he believes that he has been given incomplete, misleading or false information, he
can make a complaint to the Information Commission.
1.17. Is there any organization(s) exempt from providing Information under RTI
Act?
Yes, Certain intelligence and security organisations specified in the Second
Schedule, are exempted from providing information excepting the information
pertaining ot the allegations of corruption and human rights violations.
2.2. How do I write my application for seeking the information as per RTI Act
2005?
The text of the application may be written in the prescribed column of the RTI
request form. At present, the text of the application is confined up to 3000
characters only.
In case, the text of an application contains more than 3000 characters, it can be
uploaded as a PDF attachment in the "Supporting Document" column of the form.
The applicant can pay the prescribed RTI fee through the following modes:
(i) Internet banking through SBI payment gateway and its associated banks.
(ii) Using ATM-cum-Debit card of State Bank of India.
(iii) Credit/Debit card of Master/Visa.
It may be noted that no RTI fee is required to be paid by a citizen who is below
poverty line, as per RTI Rules, 2012. However, the BPL applicant must attach a
copy of the certificate issued by the appropriate government in this regard, along
with the application.
It may be noted that the application filed through this RTI Online Portal will reach
electronically to the "Nodal Officer" of the said Ministry/Department and "Not" to
the CPIO of the concerned Ministry/Department.
The Nodal Officer will transmit the RTI application electronically to the concerned
CPIO.
2.5. What will happen to my application if I select a Wrong Public Authority in the
RTI request form?
In case the RTI application is not meant for the public authority which has been
selected by the applicant, the "Nodal Officer" of the said public authority would
transfer the application electronically to the "Nodal Officer" of the concerned
Central Public authority, if aligned to this portal and physically to that Central
Public authority which is not aligned to this portal, under section 6(3) of the RTI
Act.
It may be noted that RTI applications filed through this portal for the state public
authorities, including NCT of Delhi, would be returned, without any refund of fee.
2.6. Will I be informed about the additional fee/s (if any) is required to pay?
In case additional fee representing the cost is required for providing information,
the CPIO will intimate the same, which can be viewed by the applicant through
"View Status" option in the RTI Online Portal and an e-mail alert or SMS or both
will also be sent to the applicant for the same.
For payment of additional fee online, the applicant needs to use the option ‘View
Status’ in the RTI Online Portal and on providing the registration number of the
request, option for "Make Payment" will be available.
The registration number and e-mail ID of the original application is required for
filing the first appeal.
2.12. How much time RTI request / appeal retain at this portal?
In the View History/View Status citizen can see RTI Cases retained for a period of
3 years.
2.13. What should I do if amount is deducted from my account but registration
number is not generated?
Please do not attempt to make payment repeatedly or try to submit request once
again. Kindly wait for the 24 to 48 working hours as registration number will be
generated after reconciliation. If it is not generated within stipulated time frame,
then kindly send an e-mail at helprtionline-dopt[at]nic[dot]in with your transaction
details.
2.14. What should I do when portal is not allowing me to file the first appeal?
This may happen under following two situations:
1) When your RTI application has been physically transferred to other public
authority, which is not aligned to this portal. In such a case, you are required to file
your appeal in physical mode to the concerned public authority.
2) Another case can be if your RTI application has not been replied to by CPIO and
30 days period has not lapsed. In such a case, you may file first appeal only after
completion of stipulated time period of 30 days.
2.15. Can I file online first appeal for any RTI application filed physically in the
first place?
No, online first appeal can only be filed against previously filed online RTI
application.
2.16. Why RTI application filed by me is not reflecting in my user account history?
If you have opted to file RTI or First Appeal directly i.e. without logging into your
user account, then in such cases you will not be able to see the filed RTI or Appeal
in your registered account’s history. However, you can always check its status in
“View Status” with the provided registration number.
2.17. Why I have received multiple RTI registration numbers, even though I have
filed single RTI application?
This is the case wherein your RTI application has been forwarded to multiple
CPIOs since the information sought lies with more than one PIO.
2.18. How can I view status/ Reply of my RTI application or First Appeal?
Status/Reply of the RTI application or First appeal filed online can be viewed by
the applicant by clicking on “View Status”.
2.19. What if the Registration number is not received on my Email or Mobile No.
even after 48 working hours?
Registration Number is generated after reconciliation of bank scrolls for cases
whose numbers are not generated instantly after the payment. This procedure may
take 24 to 48 working hours. If someone till does not receive the Registration
Number, they may contact their respective bank for refund of amount.
2.22. What should I do when my browser show certificate error while opening RTI
Online Portal?
You should ignore the certificate error and proceed forward. Kindly Select the
following based on the browser you use.
Mozilla Firefox – I understand the risk add exception
Google Chrome – Proceed Anyway.
Internet Explorer – Continue to this website.
2.23. Can I file RTI application for state public authorities through this portal?
No. This Portal is exclusively meant for Public Authorities under Central
Government only.
3.3. Has the CIC power to reconsider or review its order(s) on merit?
No.
3.6. Has this commission powered to compensate the complainant for any loss or
other detriment suffered by him?
Yes, in appropriate cases this Commission may order the public authority to
compensate the complainant.
3.8. Has this commission powered to recommend disciplinary action against the
CPIO under the applicable service rules?
Yes, this Commission may recommend for disciplinary action against the CPIO
under the service rules if the Commission is of the opinion that the CPIO has,
without any reasonable cause and persistently failed to receive an application for
information or has not furnished information within the time specified under sub-
section (1) of section 7 or malafidely denied the request for information or
knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in
furnishing the information.
3.10. Has this commission powered to order for penalty while deciding a complaint
or an appeal?
Yes, this Commission may impose penalty on the CPIO if this Commission is of
the opinion that the CPIO has, without any reasonable cause, refused to receive an
application for information or has not furnished information within the time
specified under sub-section (1) of section 7 or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information or
destroyed information which was the subject of the request or obstructed in any
manner in furnishing the information, it shall impose a penalty of two hundred and
fifty rupees each day till application is received or information is furnished, so
however, the total amount of such penalty shall not exceed twenty-five thousand
rupees.
3.11. Can the information or record relating to a third party or supplied by a third
party and treated as confidential by the third party be supplied under the Act?
Such information may be supplied only after giving a written notice to the third
party and taking into account the submission of the third party. The information
may be disclosed if the public interest in disclosure outweighs in importance any
possible harm or injury to the interests of such third party.
3.12. On whom does the onus rest to prove that a denial of request is justified?
In any appeal proceedings, as per section 19 (5) of the Act, the onus to prove that a
denial of a request was justified rests on the CPIO who denied the request.
3.14. Is the appellant required to be present in person at the time of hearing of the
second appeal by this commission?
The appellant may be present in person or through his duly authorized
representative.
3.16. Is the appellant entitled to a hearing before the second appeal is decide by this
commission?
Yes.
3.18. What are the activities undertaken after receipt of a complaint or second
appeal?
After the receipt of a complaint or appeal in the Dak Section the following activities
are taken on it:
(a) After the receipt of a complaint or appeal, a dak registration number is given.
Those who deliver the dak personally, they are given a receipt immediately. For any
inquiry, applicant must quote this number. Once the case is registered, the case no.
should be quoted.
(b) After classification of the dak in the dak section, if it pertains to a fresh
complaint or appeal, it is sent to the CR Section.
(c) The dak is scrutinized in the CR Section as per the provisions in the RTI Act &
Rules framed thereunder.
(d) If the appeal is in order as per the RTI Rules, it is registered and given a case
number. Similarly, if it is a complaint under section 18 and is accompanied by at
least a copy of the RTI request, it is registered and given a case number. After
registration it is sent as per allocation of work.
(e) If the appeal is not accompanied by the specified documents, it is returned
pointing out the deficiencies with a facilitation memo., for removing the
deficiencies and re-filing the same. Similarly, if the complaint is not accompanied
by an RTI request, a letter is issued asking for a copy of the same.
(f) If the appeal is premature i.e. filed without first filing a first appeal before the
First Appellate Authority in the public authority concerned or filed without waiting
for a period of 45 days from the date of filing the first appeal; in such cases it is
rejected as premature.
3.19. Is any fee required to be paid in case of second appeal/complaint filed in the
commission?
No fee is required to be paid along with the second appeal/complaint.
3.21. What is the difference between and Appeal and a Complaint under the RTI
Act?
A second appeal under section 19 (3) of the Act is filed against an order of the FAA
in a public authority or when the FAA does not make a decision within the
specified time. A complaint under section 18 of the Act may be filed directly on the
grounds mentioned in sub-section (1) of this section. The main difference between
a complaint and a second appeal is that in the case of an appeal, this Commission
may pass orders directing the CPIO to provide the requested information to the
appellant in appropriate cases whereas such orders cannot be passed while dealing
with a complaint.
3.22. Is a formal request for condonation of delay to be made if the second appeal is
not filed within the specified period?
Yes. If a formal request for condonation of delay is not made along with the second
appeal not filed in the specified time, the same is liable to be rejected.
3.23. Has this commission powered to admit the appeal after the expiry f the period
of (90) ninety days?
Yes, if this Commission is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
3.24. Is there any time limit for filling a complaint?
No, however, a complaint should be filed within a reasonable period, as soon as a
cause of action in the matter has arisen.
3.25. Can a complaint be filed directly before this commission? If yes, the grounds
on which a complaint may be filed?
Yes, a complaint may be filed directly in this Commission under section 18 of the
RTI Act, by a person:
(a) who has been unable to submit a request to a Central Public Information Officer
either by reason that no such officer has been appointed under the Act, or because
the Central Assistant Public Information Officer has refused to accept his or her
application for information or appeal under this Act for forwarding the same to the
Central Public Information Officer or senior officer specified in subsection (1) of
section 19 or this Commission;
(b) who has been refused access to any information requested under this Act;
c) who has not been given a response to a request for information or access to
information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers
unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false
information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to
records under this Act.
3.26. How many copies of the second appeal are required to be submitted to this
commission?
Only one copy of second appeal along with the proof of service of the appeal on the
CPIO and the First Appellate Authority is to be submitted to this Commission.
3.27. Are the documents submitted along with the second appeal required to be
signed or self attested by the appellant?
Yes, all the documents submitted along with second appeal are required to be
signed/self-attested/verified by the appellant. If the second appeal is filed online,
complete copies of all the required documents bearing signatures of the persons
concerned are to be uploaded.
3.28. What are the documents required to be submitted along with second appeal?
The following documents are to be submitted along with second appeal:
(i) a copy of the application submitted to the Central Public Information Officer;
(ii) a copy of the reply received, if any, from the Central Public Information
Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the Order received, if any, from the First Appellate Authority;
(v) copies of other documents relied upon by the appellant and referred to in his
appeal; and
(vi) an index of the documents referred to in the appeal.
3.29. Is there any format for filing second appeal before this commission?
Yes, the following format of appeal has been prescribed under the RTI Rules, 2012
framed under the Act:
FORMAT OF APPEAL
(See Rule 8)
3.31. Is it necessary to file a first appeal before the First Appellate Authority, before
filing the second appeal before this commission?
Yes, a first appeal before the First Appellate Authority should be filed before
moving second appeal before this Commission. If a second appeal is filed without
filing a first appeal, the same is liable to be returned.
3.32. At what stage the applicant can approach the commission for second appeal?
An applicant can approach the Commission in second appeal under section 19 (3)
of the RTI Act against the decision of the First Appellate Authority or when no
decision is passed by the FAA within the specified time (maximum period of 45
days).
3.33. Has this commission had jurisdiction over a State Information Commission or
can a complaint or appeal against an order of State Information Commission
be filed in this Commission?
No, this Commission does not have jurisdiction over a State Information
Commission nor a complaint or appeal can be filed in this Commission against an
order of a State Information Commission.
3.34. What is the distribution of work amongst the Chief Information Commissioner
and the other Information Commissioners?
The distribution of work amongst the Chief IC and other ICs is available on the
website (https://cic.gov.in/cic-profile).
3.35. What are the Public Authorities over which this Commission has jurisdiction
as Second Appellate Authority?
As Second Appellate Authority, the Commission has jurisdiction over all public
authorities under Government of India which are established, constituted, owned,
controlled and substantially financed by funds provided directly or indirectly by the
Central Government or the Union territory administration including NCT of Delhi.
These include all Ministries/Departments, Public Sector Undertakings under the
Government of India. A list of public authorities is on the Commission’s website
(The list of Nodal Officers and Public Authorities is at
http://cic.gov.in/sites/default/files/Rtinodalofficer_0.pdf).
4.2. What type of information may be obtained under the RTI Act?
The type of information which may be obtained is defined under section 2 (f) of the
Act as any material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, log books, contracts, reports,
papers, samples, models, data material held in any electronic form and information
relating to any private body which can be accessed by a public authority under any
other law for the time being in force.
4.3. Who can seek information under the Right to Information Act, 2005?
As per section 3 of the RTI Act any Indian citizen can seek information under the
Act.
4.4. Can questions be asked under RTI Act like What/Why/How/When, etc.?
The applicant can ask questions under RTI if the answer to the question is available
in the form of a record of public authority or in other records which is under the
control of the public authority. (Ref: Sub-section (f) and (j) of Section (2) of RTI
Act, 2005). The applicant can’t ask hypothetical questions whose answers are not in
record of public authority. The RTI act does not expect the PIO to provide answers
which are not on record.
4.5.
5. Specific RTI Questions pertaining to this Public Authority
5.1. Who is the Central Public Information Officer of INCOIS and his/her contact
details?
The Central Public Information Officer / Nodal Officer of INCOIS is Shri M.
Nagaraja Kumar, Scientist F, INCOIS. The contact details are as follows:
Email: cpio@incois.gov.in
Phone: +91 40 23886031 / 23895013
Postal Address:
The CPIO,
Indian National Centre for Ocean Information Services (INCOIS),
"Ocean Valley",
Pragathi Nagar (BO), Nizampet (SO)
Hyderabad-500090, Telangana State, India
5.2. Who is the First Appellate Authority of INCOIS and his/her contact details?
The First Appellate Authority (FAA) is The Director, INCOIS. The details of the
present FAA is as follows:
Dr. T. Srinivasa Kumar,
Director, INCOIS
Email: director@incois.gov.in
Phone: +91 40 23886002
Postal Address:
The Director & First Appellate Authority (FAA)
Indian National Centre for Ocean Information Services (INCOIS),
"Ocean Valley",
Pragathi Nagar (BO), Nizampet (SO)
Hyderabad-500090, Telangana State, India
5.3.
6.