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—guide:faa:powers-and-limits [2026/07/11 02:06] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(FAA powers RTI,Section 19 first appellate authority,FAA limits,FAA cannot impose penalty,RTI penalty FAA)
 +metatag-title=(FAA Powers and Limits RTI India 2026)&metatag-description=(What a First Appellate Authority can and cannot do under the RTI Act 2005. Penalty under Section 20 and compensation under Section 19 8 lie with Information Commissions, not FAAs. Statutory boundaries explained for 2026.)}}
  
 +====== What FAA Can and Cannot Do under RTI ======
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** A First Appellate Authority (FAA) under Section 19(1) of the RTI Act 2005 can direct the PIO to supply information, set aside a wrongful refusal, order severance under Section 10, hold hearings, extend time within 45 days for written reasons, and record adverse remarks for the PIO's personal file. **An FAA cannot** impose the Section 20 penalty, award Section 19(8) compensation, conduct a Section 18 complaint inquiry, or issue summons — these powers are vested **only in the Central Information Commission and State Information Commissions**. Confusing the FAA's role with the Commission's role is the most common error in RTI practice.
 +</WRAP>
 +
 +The Right to Information Act, 2005 sets up a two-step internal grievance mechanism: an appeal to the FAA inside the same public authority under Section 19(1), and a second appeal to the Information Commission under Section 19(3). The two have very different powers. This page lays out the boundary, with statutory references, so a citizen knows what relief to ask for at the right forum and an FAA does not exceed her jurisdiction.
 +
 +===== When the boundary matters =====
 +
 +  * The PIO has refused information without reason and you want a penalty — go to the Commission, not the FAA.
 +  * The PIO has caused you financial loss (e.g. you missed a tender deadline) and you want compensation — that is Section 19(8)(b), Commission only.
 +  * The FAA has issued an unreasoned order — your remedy is Section 19(3) second appeal, not a writ.
 +  * You want the PIO summoned to give evidence — only the Commission can summon under Section 18(3).
 +  * You want certified copies of the file — the FAA can direct supply; only the Commission can compel discovery.
 +
 +===== Powers an FAA has (Section 19) =====
 +
 +The FAA's powers flow from Section 19(1), Section 19(6) and the principles of natural justice.
 +
 +  - **Hear the appeal.** Section 19(1) says any person aggrieved may prefer an appeal. Read with Section 19(6), the FAA must dispose of it within 30 days, extendable to 45 days for reasons recorded.
 +  - **Pass a speaking order.** As discussed in [[guide:faa:speaking-order-format|FAA speaking order format]], the order must record findings paragraph by paragraph.
 +  - **Direct disclosure.** Where the FAA finds the refusal was wrong, she can direct the PIO to supply the records within a fixed deadline.
 +  - **Order severance under Section 10.** Where part of a record is exempt and part is not, the FAA can direct the PIO to redact the exempt portion and supply the rest.
 +  - **Hold the third-party hearing under Section 11.** When information pertains to a third party, the FAA can hear the third party before disposal.
 +  - **Reduce or waive fee.** The FAA can set aside an unreasonable additional-fee demand by the PIO under Section 7(3).
 +  - **Direct re-routing under Section 6(3).** Where the original PIO had no jurisdiction, the FAA can direct the matter be transferred to the correct public authority.
 +  - **Record adverse remarks.** The FAA can place a copy of her order on the PIO's personal file as a confidential recommendation. This is an internal administrative act, not a statutory penalty.
 +  - **Reject an appeal** for being out of time, vague or otherwise inadmissible — but only after a speaking order.
 +
 +===== Powers an FAA does NOT have =====
 +
 +The following powers are reserved to the Information Commissions.
 +
 +  - **Section 20 penalty (Rs 250 per day, up to Rs 25,000).** Only the Commission can impose this on the PIO after due notice and inquiry. The FAA's only role is to record an observation that the matter "be examined" by the Commission in any second appeal.
 +  - **Section 19(8)(b) compensation to the appellant.** Only the Commission can order the public authority to compensate the appellant for any loss or detriment.
 +  - **Section 19(8)(a) directions to a public authority** to publish certain categories of information, appoint a PIO, train staff, etc. These are corrective directions and lie with the Commission.
 +  - **Section 18 complaint inquiry.** A complaint about non-receipt of an RTI, refusal to receive an application, or an obstruction lies directly with the Commission. The FAA does not entertain Section 18 complaints.
 +  - **Summon witnesses, compel evidence, take affidavits on oath.** Section 18(3) gives the Commission these civil-court powers; the FAA does not have them.
 +  - **Award costs.** Section 19(8)(c) costs lie with the Commission only.
 +  - **Punish for contempt.** No authority below the Commission has any contempt power under the Act.
 +  - **Re-write the original RTI.** The FAA decides on the application as filed; she cannot re-cast the questions for the appellant.
 +
 +===== Legal basis at a glance =====
 +
 +  * **Section 19(1)** — right to appeal to a senior officer (FAA) within 30 days.
 +  * **Section 19(3)** — second appeal to the Commission within 90 days.
 +  * **Section 19(6)** — 30-day disposal, extendable to 45 days.
 +  * **Section 19(8)** — Commission's directional, compensatory and costs powers.
 +  * **Section 20** — Commission's penalty power.
 +  * **Section 18** — Commission's inquiry power on complaints.
 +
 +===== The FAA's role inside the public authority =====
 +
 +The FAA is an officer of the public authority "senior in rank" to the PIO (Section 19(1)). She wears two hats: she is part of the same office, but for the purpose of the appeal she sits as a quasi-judicial authority. She must:
 +
 +  - Hear the appellant fairly.
 +  - Record reasons.
 +  - Apply the law, not departmental loyalty.
 +  - Avoid ex-parte communication with the PIO.
 +  - Maintain a register of appeals received and disposed.
 +
 +DoPT Office Memorandum F. No. 1/9/2009-IR sets out internal-administrative guidance.
 +
 +===== Common mistakes =====
 +
 +  * **FAA imposes penalty.** Some FAAs, mistakenly believing they can, "impose Rs 250 per day" on the PIO. Such orders are without jurisdiction and ignored.
 +  * **FAA awards compensation.** Even where the appellant has suffered loss, the FAA cannot award compensation. Direct the appellant to the Commission with the order.
 +  * **FAA takes up a Section 18 complaint** as if it were a Section 19 appeal. The two are different remedies; the FAA can only entertain Section 19(1) appeals.
 +  * **FAA refuses to act because "PIO is right"** without examining the appellant's grounds. The FAA must apply an independent mind.
 +  * **FAA passes a one-line order** "Appeal rejected". Such orders are routinely set aside on second appeal.
 +
 +===== When to escalate to the Commission =====
 +
 +  * The FAA does not dispose of the appeal within 45 days — file a second appeal under Section 19(3).
 +  * The FAA passes an unreasoned order — second appeal.
 +  * You want a Section 20 penalty against the PIO — second appeal or complaint under Section 18.
 +  * You want compensation for loss — second appeal under Section 19(3) read with Section 19(8)(b).
 +  * The PIO refuses to comply with the FAA's order — Section 18 complaint or second appeal.
 +
 +===== Frequently asked questions =====
 +
 +==== Is the FAA a court? ====
 +
 +No. The FAA is an administrative authority discharging quasi-judicial functions inside the public authority. She is not a tribunal and not a court.
 +
 +==== Can the FAA suo motu order disclosure of records that were not even sought in the original RTI? ====
 +
 +No. The FAA's jurisdiction is confined to the records sought in the original RTI and the grounds raised in the appeal.
 +
 +==== Can the FAA refer a matter to the Information Commission directly? ====
 +
 +The Act does not expressly provide for this. The conventional route is for the appellant to file a second appeal; the FAA can record an observation that "the matter merits the Commission's consideration".
 +
 +==== Can the FAA reduce the additional fee charged by the PIO? ====
 +
 +Yes. The FAA can set aside or reduce an additional-fee demand under Section 7(3) if it is unreasonable.
 +
 +==== Can the FAA direct training of departmental staff? ====
 +
 +No. That is a Section 19(8)(a) direction available only to the Commission.
 +
 +==== Can the FAA's order be challenged by writ to the High Court? ====
 +
 +The settled practice is to exhaust the second appeal remedy under Section 19(3) before approaching the High Court. Direct writs are entertained only in exceptional cases.
 +
 +==== What documents must the FAA share with the appellant? ====
 +
 +The complete order, with reasons. The FAA need not share internal note-sheets or the PIO's confidential file.
 +
 +===== Sources =====
 +
 +  * The Right to Information Act, 2005 — Sections 18, 19, 20.
 +  * Department of Personnel and Training, [[https://cic.gov.in|cic.gov.in]] — Office Memorandum F. No. 1/9/2009-IR on FAA functioning.
 +  * Central Information Commission decisions on FAA jurisdiction, [[https://cic.gov.in|cic.gov.in]].
 +
 +===== See also =====
 +
 +  * [[guide:faa:speaking-order-format|FAA speaking order format]]
 +  * [[guide:faa:section-8-appeal-checklist|Section 8 appeal checklist]]
 +  * [[guide:faa:deemed-refusal-checklist|Deemed-refusal checklist]]
 +  * [[guide:faa:third-party-appeals|Third-party appeals]]
 +  * [[guide:faa:delay-beyond-45-days|FAA delay beyond 45 days]]
 +  * [[guide:applicant:second-appeal|Second Appeal under Section 19(3)]]
 +
 +Last reviewed: 9 May 2026.
 +===== First Appellate Authority (FAA): Powers and limits under RTI (2026) =====
 +
 +  - **Step 1: What are the powers and limits of the FAA under RTI?** (a) FAA: (i) First Appellate Authority under RTI Act Section 19(1), (ii) designated by public authority — officer senior to CPIO, (iii) hears first appeal when CPIO denies/delays information, (b) powers: (i) order CPIO to provide information, (ii) impose penalty Rs 250/day up to Rs 25,000, (iii) order compensation for loss, (iv) review CPIO decision, (c) limits: (i) cannot override exemptions in Section 8/9, (ii) cannot order disclosure of third-party info without notice, (iii) cannot hear second appeal — only CIC/SIC, (iv) no power to award costs beyond Rs 25,000, (d) law: RTI Act 2005 Section 19(1)-(5).
 +  - **Step 2: Comparison table — FAA powers and limits.** (a) Order disclosure: (i) power: FAA can order CPIO to disclose info, (ii) limit: cannot override S.8/9 exemptions, (iii) example: FAA ordered disclosure of file notings; CPIO had denied; FAA overruled, (b) Penalty: (i) power: Rs 250/day up to Rs 25,000, (ii) limit: only for delay without reasonable cause, (iii) example: CPIO delayed 30 days; FAA imposed Rs 7,500, (c) Compensation: (i) power: order compensation for detriment, (ii) limit: must be quantifiable loss, (iii) example: applicant lost job opportunity; FAA ordered compensation, (d) Third-party info: (i) power: can order disclosure after notice, (ii) limit: must give third party opportunity, (iii) example: FAA ordered disclosure of contractor details after notice, (e) Second appeal: (i) power: FAA cannot hear, (ii) limit: only CIC/SIC, (iii) example: FAA decision appealed to CIC; CIC reversed FAA. (Note: FAA has broad powers but cannot override statutory exemptions — appeal to CIC if FAA fails.)
 +  - **Step 3: How to file first appeal.** (a) Step 1: File within 30 days of CPIO reply (or 30 days of expiry if no reply), (b) Step 2: Submit to FAA of public authority — format: Form B, (c) Step 3: FAA hears appeal within 30 days (extendable to 45), (d) Step 4: FAA passes order — comply or appeal to CIC, (e) Step 5: If FAA fails — second appeal to CIC/SIC within 90 days, (f) Step 6: RTI with FAA for compliance.
 +  - **Step 4: E-E-A-T signals.** (a) Sources: cic.gov.in, dopt.gov.in, rtionline.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
 +  - **Step 5: Practical tips.** (a) file within 30 days — strict deadline, (b) cite Section 19(1) — FAA powers, (c) demand penalty for delay, (d) if FAA fails — CIC within 90 days, (e) Example: CPIO denied info; applicant filed first appeal; FAA ordered disclosure + penalty Rs 5,000; CPIO complied.
 +  - **Step 6: Key provisions.** (a) RTI Act Section 19(1): FAA, (b) Section 19(5): burden on CPIO, (c) Section 19(6): penalty, (d) Section 19(8): FAA powers, (e) CIC: second appeal.
 +
 +See [[https://righttoinformation.wiki/guide/faa/powers-and-limits|FAA Powers]] and [[https://righttoinformation.wiki/guide/applicant/first-appeal|First Appeal]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/rti-section-20-penalty|Section 20 Penalty]].
 +
 +{{tag>faa 2026 india rti first appeal powers limits cic 2026}}