• RTI time limits

I had filed 2 RTI requests for obtaining certain information from a reputed Central University on 16/March/2020 and 18/March/2020 respectively. I had dispatched the requests by INDIA POST Speed Post Service on the dates mentioned above and No response has been received to me so far. Please provide the answers to my following queries:
(1) When can I filed the First Appeal in both the RTIs?
(2) Can I send the First Appeal by INDIA POST Speed Post Service?
(3) In case No response will receive to me after filing the First Appeal, when can I file the Second Appeal?
Please mention the exact dates.
Asked 1 year ago in Civil Law

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33 Answers

Hi,

first appeal after 30 days

2nd appeal 30 days

then if no response then u can file a petition to High Court at Allahabad 

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.6 on 5.0

1. After 30 days from the date of reciept.

2. Yes

3. Within 90 days after expiry of 45 days, if no reply is received. 

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

You can file first appeal after 30 days of receipt of your RTI Application by post. 

Yes you can send it by post 

You can file second appeal after 90 days from receipt of FA. 

You can file complaint if you don't receive the reply 

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1. After 30 days of date of receipt if no reply is received then in that case you may file first appeal of.your rti application before first appellant authority you can also file appeal online.

2. Yes you may send same by post to first appellant authority.

3. Before central information commission second appeal can be filed.

 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

 

If the applicant does not receive a response to the application within 30 days from the date of receipt of the application, then the applicant can file a first appeal under section 19 of the RTI Act. PIO should be sending you the RTI reply within a time period of 30 days.

 

2)you can send it by speed post or registered post 

 

3) The delivery status can be checked online on the India Post website to be kept on record.

 

4)2nd Appeal can be filedwithin the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA's decision.

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1. After the expiry of 30 days from the date of delivery of the RTI notice , you can apply for appeal.

2.It depends on the rules of the said organisation. In most cases you will have to deposit in person.

3. After 30 days from the date of preference of the first appeal you can go for second appeal.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Due to lock down, information not provided. Offices are closed. Wait till lock down open than visit office to collect information. Presently SC has stopped limitation.

 Can send first appeal, will receive same response, information could not proveded due to office close.

1st appeal afte one month. 2nd appeal after 90 days from date of filing 1st appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

1. As per RTI Act 2005 it should takes 30 or less than 30 days from date of receipt of RTI application by the PIO.

And if, the applicant has asked for information which isn't available with PIO or required to collect from Third Party (as an individual or organization) then it further takes 15 days but PIO has to inform you about the transfer of RTI application which is considered as part of reply from PIO or the authority concerned.

 

2. Yes, you can.

3. 2nd Appeal can be filed within the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA's decision.

The complaint needs to be filed within a reasonable period of time.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. After 30 days

2. Use registry post instead 

3. After 30 days of first appeal.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The first appeal may be made within 30 days from the date of expiry of the prescribed period or from the receipt of communication from the PIO. If the First Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal, the appeal may be admitted after 30 days also.

The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision.

The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received.

Condonation of Delay: If Second Appeal is filed after 90 days from the date on which first Appellate Authority’s decision was received by the appellant , the Commission may admit the Second Appeal if is satisfied that the appellant was prevented by sufficient cause from filing the Second Appeal in time

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

Dear Sir,

The time for reply of RTI applcation is 30 days and if you don't receive reply or reply is insufficient, you may send first appeal even by post. Then if you don't response of first appeal till 30 days, then you may prefer second appeal. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

the stipulated period for providing the information is 30 days, therefore the supply of information got due on 16 April, you can add 2-3 more days if the application has been sent by post, but in the present pandemic situation many offices are not working & those working are calling fewer employees and therefore the time the area from where the information is sought, of the lockdown, will be deducted till the functionality resumes.

therefore, wait till the lockdown overs and it will be presumed that your application has been only 7 days old if received by the university on 16.03.20

1. you can file the first appeal exactly after 30 days from the date of receiving of the application by the concerned department,

2. you can send the first appeal by India Post,

3. if no response is made upon the first appeal, you can file the second appeal within next 90 days

 

  

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

- As per Section 6(1) of the Right to Information Act, 2005, the Applicant , who is seeking information should make their request in writing in a language of English, Hindi or in the regional official language of the area, and submit his application to the Public Information Officer (PIO) appointed at an office, 

- Even, the Applicant has the option of submitting his application either online or offline.

 

- As per the rule 3 of the Act, a  nominal fee of Rs.10/- (Rupees Ten Only) has to be paid for every such application , and no such payment of fee shall be made if the applicant is Below Poverty Line (BPL).

- Further , Any citizen can make any number of applications, but the fee prescribed for the purpose has to be paid with each of such application.

1. As per Section 7 (1) of the RTI Act, , the PIO has to reply to your application within 30 days , and this becomes 48 hours when the information asked concerns the life and liberty of a person. 

- Further ,as per section 19 of the RTI Act , First appeal should be filed within 30 days from the date of expiry of the prescribed period .

2. Yes, via online/offline/by speed post

3.  As per Section 19(3) of the RTI Act , second appeal can be filed within 90 days from the date of the expiry of First Appeal. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

1. First appeal can be file with in 30 days of recieving the reply of RTI application.

2. On what ground you will send first appeal if you have not recieved the reply till date. 

3. You should wait for atleast one month after date of delivery of post. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Reply to your questions- (2) and (3) It is not advisable to make appeal by simply posting but it should be proper submitted before first appellate authority. There is no bar to submission of first appeal by speed post. Without any decision on first appeal second appeal is not maintainable 

For question (1) and (3) in detail.

Making an Appeal
The appeal process falls under section 19 of the Act and envisages a two-step process: firstly, an appeal to the Appellate Authority and secondly, an appeal to one of the newly established Information Commissions. The appeals process is supposed to be a quicker, cheaper way of enabling requesters to get a decision reviewed, than going to the courts.

First Appeal to the Appellate Authority
In every public authority, an officer who is senior in rank to the PIO has been designated to hear appeals. He/she is referred to as the Appellate Authority. The original decision or rejection notice you receive from the PIO should include contact details for the relevant Appellate Authority so that you know who you can go to get the decision reviewed. If the notice is deficient, you may want to check the website of the public authority or contact the PIO directly and ask for the Appellate Authority's details.

You can make an appeal to the Appellate Authority if:
(a) You are aggrieved by the decision made;
(b) If no decision was made within the proper time limits;
(c) You are a third party consulted during the application process, and you are unhappy with the decision made by the PIO.

You need to send your appeal to the Appellate Authority within 30 days from the date on which you received the decision (or you should have received a decision) from the PIO. However, if you miss that deadline but the Appellate Authority feels that you have been prevented from making an appeal within this time limit for justifiable reasons, he/she may allow you to submit an appeal even after the 30 days have expired. The Central Act requires that the internal Appellate Authority dispose off your appeal within 30 days or 45 days if an extension is necessary.

You need to send your appeal to the concerned Appellate Authority in writing. Some State Governments have prescribed forms for filing appeals. You should check the Rules in your particular State to see what you will need to do or you can check directly with the Appellate Authority. You can file appeals directly by handing them over in person or send them by post/courier. Additionally you can also send the appeal to the APIO in the relevant public authority who then has a duty to forward it to the relevant Appellate Authority.

The Central Act does not permit any fee being levied on an applicant for filing an appeal to an Appellate Authority (or the Information Commissions). Unfortunately, some State Governments, like Maharashtra and Madhya Pradesh , have prescribed Rules which impose an appeal fee. It is not legal to impose an appeal fee or reject an appeal because of non-payment. If your State Government has prescribed an appeal fee, you can either move the relevant Information Commission or your High Court to consider the matter or attempt to bring up the issue before your State Legislative Assembly for debate.

The Appellate Authority must offer you an opportunity to be heard before a decision on your appeal is reached. The Central Act specifies that in any appeal, it is the responsibility of the body denying the request to prove that the denial was justified. This means that it is the PIO who needs to prove to the Appellate Authority that they made the right decision.

Second Appeal to the Infomation Commission
If you are unhappy or dissatisfied with the decision of the Appellate Authority, the Central Act provides you with the option of filing a second appeal with the newly constituted Information Commissions at the Centre or the States. A second appeal against a decision of an Appellate Authority to the Information Commission must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received. However, the Information Commission has the discretion to allow appeals after this period has expired.

You need to send your appeal to the relevant Information Commission in writing. In matters relating to Central Government public authorities, you need to send your appeal to the Central Information Commission. For matters relating to State Government public authorities you will need to send your appeal to the concerned State Information Commission. Appeals against Panchayats will be sent to the relevant State Information Commission.

The Central Government and some State Governments have issued Rules about what information needs to be included in an appeal to the Information Commissions. In addition to basic information about your applicaion and how it was processed, your appeal should attach supporting documents, including: self-attested copies of the orders/decision notice against which the appeal is being made; and copies of any additional documents you are relying upon which are referred to in your appeal.

The Central and State Information Commissions manage appeals in accordance with procedures prescribed under the relevant Appeal Rules. Commissions have the power to take oral or written evidence on oath/affidavit; inspect documents or copies; hear and receive affidavits from the PIO against whom the appeal has been made and/or the Appellate Authority who has decided the first appeal; and to hear from you. If the decision of a PIO or Appellate Authority relates to a third party, then that third party also has the right to be heard by the Information Commission before it makes a decision.

Appeals proceeding at the Information Commissions are not meant to be formal, like a court proceeding. It should not be necessary to hire a lawyer to plead your case before the Information Commission. Proceedings are meant to be informal and non-confrontational. Although the Commission does have the powers of a civil court under the Central Act, nonetheless, the Commission is not supposed to operate like a court. If you feel uncomfortable during an appeals or complaints proceeding you should inform the Information Commission and you should be able to seek assistance from someone during your hearing. In any case, the Information Commission is an openness champion, and the Commissioners and their staff should be alert to ensure that arguments in favour of disclosure are not overlooked simply because you did not use a lawyer.

Burden of Proof - In any appeals proceeding, the burden of proof that the denial of a request was justified lies on the person who wants to keep the information secret - the PIO or a third party. In practice, this means that you should only need to interact with the Commission after the person who wants to withhold the information has first been questioned, because they are the ones who have to show the Information Commission that they are right. If a hearing is then organised, the PIO or third party arguing for secrecy needs to be called on to make their case first. You will only need to make a case if the Commission thinks the PIO or third party has a point worth considering. At that stage, you then need to argue in favour of disclosure

The Central Act does not prescribe a time limit for the Information Commission to decide on an appeal and no time limit has yet been included in any of the Appeal Rules which have been prescribed. However, best practice would support a deadline of 30-45 days to dispose of any appeal just like the Appellate Authorities.

If an Information Commission decides that your appeal was justified, the Commission will need to give you a written decision. The Information Commission has broad and binding powers to:

(a) Order the public authority to take concrete steps towards meeting its duties under the Act, for example, by providing access to the information you requested, by ordering information be provided in a different form or by reducing the amount of fees you need to pay;
(b) Order the public authority to compensate you for any loss you may have suffered in the process;
(c) Impose penalties on the PIO or any other official who failed in their duties under the Act.

If the Information Commission decides that your case is groundless, it will reject your appeal. In either case, the Commission must give notice of its decision to you and the public authority, which should include any right of appeal.

Appeal to the Courts
The last point of appeal is, of course, the courts. Although the Central Act, attempts to bar appeals to the courts, this is not constitutional. The Supreme Court of India has long recognised that the right to information is a fundamental constitutional right, which means that you can always take a case to the Court in support of that right.

Already, there have been examples of cases where applicants have taken their complaints to the High Courts of their state. There has also been Public Interest Litigation to the Supreme Court calling for better enforcement of the right to information.

Arihant Nahar
Advocate, Indore
125 Answers

4.8 on 5.0

First you cheque the delivery status of your post i.e., date on which it is received by the Addressee.

1) You need to file your Appeal before Central / State Public Information Officer, within thirty days.

2) Yes you can send it through Regd. Post with  Ack. Due.

3) You need to file your Second Appeal before Central / State Information Commissioner within ninety days, 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

As per RTI Act 2005 it should takes 30 or less than 30 days from date of receipt of RTI application by the PIO.

And if, the applicant has asked for information which isn't available with PIO or required to collect from Third Party (as an individual or organization) then it further takes 15 days but PIO has to inform you about the transfer of RTI application which is considered as part of reply from PIO or the authority concerned.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If the applicant does not receive a response to the application within 30 days from the date of receipt of the application, then the applicant can file a first appeal under section 19 of the RTI Act. PIO should be sending you the RTI reply within a time period of 30 days. The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

1. If no reply has been given on your RTI application then you may file first appeal after 30 (+7 days for postal transit time) but not later within 60 days from the date of receipt of RTI Application at PIO’s Office. 

2. You may send the First Appeal through Speed Post or also on the RTI portal of the university.

3. Second Appeal can be filed within the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA's decision.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision; 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

45 days. 

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

You can proceed to file the second appeal. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. After 45 days of filing first appeal if no reply is received then the second appeal can be preferred the limitation for second appeal is 90 days.  

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

- As per Section 19(3) of the Right to Information Act, 2005 , If you not get response from the First Appellate Authority within a period of 30 days, then you can file the Second Appeal . 

- Further the Second Appeal must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received. It means the maximum period for filing the second appeal is 90 days .

- Hence, you can file the Second Appeal after 30 days of filing of First Appeal, without waiting for 45 days. 

 

Sorry for late reply , and dont forget to rating  Positively.

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

You can file a complaint before second appellate authority within 30 days of second appeal for the same

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Yes it is necessary to wait for 45 days to file the Second Appeal if No reply is received even after First Appeal.
If you file appeal before lapse of prescribed period then it will be considered pre mature and will be rejected at outset.

Arihant Nahar
Advocate, Indore
125 Answers

4.8 on 5.0

Dear Sir,

You may file the second appeal after waiting for a period of 30 days after first appeal. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

You have to wait for 45 days.


You cannot file a second appeal unless it is clear that the authority is not replying to your questions.

Rahul Mishra
Advocate, Lucknow
13220 Answers
48 Consultations

5.0 on 5.0

You may have to wait for stipulated time after filing first appeal for the reply in order to file a second appeal. 

The first appeal may be made within 30 days from the date of expiry of the prescribed period or from the receipt of communication from the CPIO. If the First Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal, the appeal may be admitted after 30 days also.

The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

appeal must be done away within 90 days from the date of the last day of the 30 or 45 day time period of the first appeal.. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

1. Under Section 19(6) of RTI Act, 2005  the First Appeal has be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty‑five days from the date of filing thereof.

2. Hence, if the appeal is not disposed within 45 days then you may immediately approach the Second Appellate Authority but no later than 90 days beginning from the expiry of 45th day.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

The SA can be filed on expiry of 45 days from the date of FA of the date of receipt of the order passed by the First Appellate Authority.

 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

Section 7(1) of the RTI Act, 2005 obliges PIO to provide information within 30 days (in normal case)/48 hours (in case the information sought for pertains to life and liberty of a person) of the receipt of request for information. Many of us interpret 30 days duration in wrong way. Time limit is calculated by counting number of calender days, not number of working days. To understand how to calculate the time duration to receive information from PIO, go through the explanation with example below:

Suppose, you wrote RTI Application on [deleted], and dated your application as [deleted]. But, you sent your application dated [deleted] to the PIO through Registered/ Speed Post on [deleted]. This may take 2-7 days to reach your RTI application to PIO depending on the distance of PIO Address and mode of dispatch (Registered/Speed Post). Suppose, PIO received your application on [deleted].

In this case, PIO is obliged to dispatch Reply on or before [deleted] ([deleted] to [deleted] = 30 days). This means, your date of application or date of sending application to PIO doesn't matter in calculating time limit. Calculation of time limit starts from the date when PIO receives your application.

There are various ways to submit RTI Application to the PIO, and there are different time limits for each way. I have explained the time limits under various ways of filing RTI Application in a seperate article. You must read that article to understand time limits confidently.

To know the step by step procedures to File RTI Application click below link:

To know the Time Limits under RTI Act, 2005, click below link:

Time Limits under RTI Act, 2005

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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