📱Test our Android app — free beta!Join Beta GroupYou'll receive the install link by email after joining.

Differences

This shows you the differences between two versions of the page.


—definitions:faa [2026/06/03 17:01] (current) – created - external edit 127.0.0.1
Line 1: Line 1:
 +{{htmlmetatags>metatag-keywords=(first appellate authority RTI, FAA RTI act, who is FAA RTI, RTI first appeal authority, section 19 RTI appeal)
 +metatag-description=(The First Appellate Authority (FAA) is the officer within the same public authority, senior to the PIO, who hears First Appeals under §19(1) of the RTI Act and must decide within 30-45 days.)
 +metatag-title=(What is a First Appellate Authority (FAA) in the RTI Act?)}}
  
 +====== What is a First Appellate Authority (FAA) in the RTI Act? ======
 +
 +<WRAP center round tip 95%>
 +**Direct answer:** The First Appellate Authority (FAA) is the officer designated under §19(1) of the RTI Act within the same public authority — senior in rank to the PIO — who hears and decides First Appeals against PIO decisions within 30 to 45 days. The FAA is the first internal check on PIO decisions.
 +</WRAP>
 +
 +===== In plain English =====
 +
 +When you are unhappy with a PIO's response (or non-response), your first escalation is to the FAA — not directly to the Information Commission. The FAA is essentially the PIO's senior: same department, higher rank, independent adjudicating role.
 +
 +The FAA reviews what the PIO did or did not do, can examine the original records, and can overturn, modify, or uphold the PIO's decision. Their order is binding on the PIO.
 +
 +**Example:** Sunita filed an RTI to the District Collector's office about land mutation records. The PIO refused under §8(1)(j). Sunita files a First Appeal to the FAA — typically the Additional District Collector. The FAA reviews the original file, finds the refusal unjustified, and orders the PIO to provide the records.
 +
 +If the FAA also fails to respond, or if Sunita is still unhappy after the FAA's decision, the next step is a Second Appeal to the State Information Commission.
 +
 +===== Key duties of the FAA =====
 +
 +  * Receive and register First Appeals filed under §19(1) within 30 days of PIO order.
 +  * Provide a reasonable opportunity of hearing to both the appellant and the PIO.
 +  * Decide the appeal within 30 days (extendable to 45 in exceptional cases) under §19(6).
 +  * Give a reasoned written order.
 +  * Can direct the PIO to provide information, reduce or waive fee, or initiate penalty proceedings.
 +
 +===== Why it matters for citizens =====
 +
 +  * **Faster and cheaper than going straight to the Information Commission.** The FAA process is entirely free and internal.
 +  * **Many RTIs are resolved at FAA stage.** PIOs often over-refuse; FAAs with proper oversight reverse a significant proportion.
 +  * **FAA failure (no response in 45 days) is directly appealable to CIC/SIC** as a Second Appeal under §19(3).
 +  * **You must go through the FAA before reaching CIC/SIC** — skipping the FAA (except for §18 complaints) will result in your Second Appeal being returned.
 +
 +===== Related sections of the RTI Act =====
 +
 +  * **§19(1)** — First Appeal filed within 30 days of PIO order to the FAA.
 +  * **§19(5)** — burden of proof: FAA must establish that refusal was justified; applicant need not prove they are entitled to the information.
 +  * **§19(6)** — FAA must decide within 30 days (max 45).
 +  * **§19(3)** — Second Appeal to Information Commission if FAA does not decide or decides against you.
 +
 +===== Related tools =====
 +
 +  * [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]] — auto-drafts your §19(1) First Appeal to the FAA.
 +  * [[https://righttoinformation.wiki/tools/timeline-calculator-app.html|Timeline Calculator]] — computes FAA response deadlines and Second Appeal windows.
 +  * [[https://righttoinformation.wiki/tools/pio-reply-checker|PIO Reply Checker]] — assesses whether the PIO's reply includes FAA contact details (mandatory under §7(8)(iii)).
 +
 +===== Frequently asked questions =====
 +
 +==== How do I find who the FAA is for my public authority? ====
 +The PIO is legally required to give you the FAA's name and address in their reply under §7(8)(iii). If absent, check the department website under §4(1)(b) disclosures. The [[https://righttoinformation.wiki/tools/pio-reply-checker|PIO Reply Checker]] flags whether the FAA details were provided.
 +
 +==== Is there a fee to file a First Appeal? ====
 +No. There is absolutely no fee for filing a §19(1) First Appeal. Any public authority charging a fee for appeals is acting illegally — complain to the Information Commission.
 +
 +==== What if the FAA takes more than 45 days? ====
 +After 45 days without an FAA order (or after an unsatisfactory order), you can file a Second Appeal under §19(3) with the CIC (central) or SIC (state). The 90-day window for the Second Appeal runs from the FAA's deadline.
 +
 +===== Sources =====
 +
 +  * Right to Information Act, 2005 — §§19(1), 19(5), 19(6), 19(3)
 +  * CIC guidelines on FAA obligations
 +
 +//Last reviewed: May 2026. Part of the RTI Wiki definitions series.//
 +
 +{{tag>definitions faa first-appellate-authority rti-act section-19 2026}}