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what if govt doesn't reply to my RTI within 30 days ?

23-Jul-2023
R.T.I

Answer By law4u team

If the government does not reply to your Right to Information (RTI) application within 30 days, it is considered a violation of the provisions under the Right to Information Act, 2005. In such cases, you have the right to file an appeal with the relevant higher authority. Here's what you can do if the government does not respond to your RTI application within the stipulated time: First Appeal: After the expiry of the 30-day period, if you have not received a response, you can file a first appeal with the First Appellate Authority (FAA) of the concerned public authority. The FAA is an officer designated to hear appeals against the decisions of the Public Information Officer (PIO). Time Limit for First Appeal: The first appeal should generally be filed within 30 days from the date when the reply was supposed to be received or from the actual receipt of the response (if received after the stipulated time). Second Appeal: If the first appellate authority also fails to respond within the specified time or if you are dissatisfied with their response, you can further file a second appeal with the relevant Information Commission. Each state in India has its own State Information Commission (SIC), and at the central level, there is the Central Information Commission (CIC) to handle second appeals. Time Limit for Second Appeal: The second appeal should typically be filed within 90 days from the date when the decision should have been made by the first appellate authority or within 90 days from the actual date of receipt of the decision. Fee and Format: There is usually a nominal fee for filing the first and second appeals. The appeal should be in writing and should clearly state the reasons for your dissatisfaction with the response or lack of response. If the concerned authorities still do not respond to your appeal within the stipulated time or fail to provide the requested information, the Information Commission has the power to take appropriate action, including imposing penalties on the defaulting officers. It is important to keep track of the deadlines and maintain copies of all communications and responses throughout the process. If you face any difficulties during the process, you may seek the help of an RTI activist or a legal expert familiar with RTI laws to guide you through the procedure.

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