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| + | ====== Maharashtra SIC Second Appeal: Form A, Fee, Benches ====== | ||
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| + | <WRAP info> | ||
| + | **Quick answer:** If the Maharashtra First Appellate Authority ignored you or refused information, | ||
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| + | A second appeal is your last administrative remedy under the Right to Information Act, 2005. Once the First Appellate Authority (FAA) has decided your first appeal, or let the 30 to 45 day window lapse without a word, Section 19(3) lets you carry the matter to the Maharashtra State Information Commission (SIC). The Commission can order disclosure, impose a penalty on the Public Information Officer, and award you compensation. This guide walks through the 90-day window, Form A, the fee, which bench hears your matter, and how to track the hearing. | ||
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| + | ===== What a second appeal is, and the 90-day window ===== | ||
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| + | Under **Section 19(3)** of the RTI Act, a second appeal lies before the State Information Commission **within 90 days** from the date the First Appellate Authority' | ||
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| + | Missed the 90 days? Section 19(3) carries a proviso: the Commission "may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time." Condonation is discretionary, | ||
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| + | ===== Step-by-step: | ||
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| + | The Maharashtra SIC runs a dedicated online second-appeal portal. As the official guidelines state, "This web portal can be used by Indian citizens to file online second appeal applications under the Right to Information Act-2005, and the payment of prescribed fees can also be made online on the portal." | ||
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| + | - **Open the portal.** Go to **sic.maharashtra.gov.in/ | ||
| + | - **Fill Form A.** Enter your details, the PIO and First Appellate Authority details, dates of your RTI application, | ||
| + | - **State your grounds.** The online text column is limited to 150 words. If your grounds are longer, write them on a separate sheet and upload it as an attachment. | ||
| + | - **Attach the annexures.** Upload the documents listed in the next section. | ||
| + | - **Pay the fee.** The fee is **Rs 20** as prescribed in the Maharashtra RTI Rules, 2012. Pay by internet banking, ATM or debit card, or credit card (Master/ | ||
| + | - **Save your registration number.** After payment, "a unique registration number would be generated which will be sent to the appellant by SMS and e-mail." | ||
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| + | Prefer post? You may also send Form A with the Rs 20 fee (by court-fee stamp or as your bench office directs) and the same annexures to the relevant SIC bench by registered post or in person. Keep the postal receipt. | ||
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| + | ==== Documents to attach to your second appeal ==== | ||
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| + | * Copy of your original RTI application under Section 6(1) and the postal or online receipt | ||
| + | * The PIO's reply, if any (or proof that the 30 day deadline lapsed) | ||
| + | * Copy of your first appeal and proof of filing it with the First Appellate Authority | ||
| + | * The FAA's order, if one was passed | ||
| + | * A brief, numbered statement of your grounds of appeal | ||
| + | * Application for condonation of delay, if you are past 90 days | ||
| + | * BPL certificate, | ||
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| + | Send an **advance copy of the complete appeal to the PIO and the First Appellate Authority** as well, so they can file their say. This avoids an adjournment on the first date. | ||
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| + | ===== Choosing the right bench ===== | ||
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| + | The Maharashtra SIC is not a single Mumbai office. It is headed by the **State Chief Information Commissioner at Mantralaya, Mumbai**, with separate benches that broadly track the state' | ||
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| + | * **Greater Mumbai**: New Administrative Building, Mantralaya, Mumbai | ||
| + | * **Konkan**: Konkan Bhavan, CBD Belapur, Navi Mumbai | ||
| + | * **Pune**: New Administration Building, opposite Council Hall, Pune | ||
| + | * **Nashik**: near Trambak Naka, Nashik | ||
| + | * **Chhatrapati Sambhajinagar** (formerly Aurangabad) - Small Saving Building, behind the Treasury Office | ||
| + | * **Amravati**: | ||
| + | * **Nagpur**: Administrative Building No. 2, Civil Lines, Nagpur | ||
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| + | As a rule of thumb, your appeal goes to the bench for the **revenue division in which the public authority sits**: a Pune-district department to Pune, a Nagpur-district department to Nagpur, a Mumbai or coastal-district body to Greater Mumbai or Konkan. If you file online, the Greater Mumbai system routes your appeal electronically to the concerned Nodal Officer and Assistant Section Officer, so you do not have to guess the internal posting. If you are unsure which bench covers your district, the office staff at any bench, or the helpdesk number on the SIC site, will point you to the correct one before you post a paper appeal. | ||
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| + | ===== Tracking: cause list, notices and the hearing ===== | ||
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| + | Once registered, your appeal joins the queue at its bench. Watch for: | ||
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| + | * **Cause list**: the bench publishes a list of matters fixed for hearing on each date. Track yours using the registration number from your SMS. | ||
| + | * **Hearing notice**: you will be informed of the date by post, SMS or e-mail. The PIO and FAA are also noticed. | ||
| + | * **The hearing itself**: appearances are often allowed by video conference or, in simple matters, decided on the papers. Carry your file: the RTI application, | ||
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| + | Hearings can take months to be listed, because the benches carry heavy pendency. A polite written reminder quoting your registration number, sent after a reasonable wait, does no harm. | ||
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| + | ===== Powers of the Commission: penalty and compensation ===== | ||
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| + | The Commission is not a toothless forum. If it finds the Public Information Officer withheld information without reasonable cause, **Section 20(1)** lets it impose "a penalty of two hundred and fifty rupees each day till application is received or information is furnished," | ||
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| + | Separately, under **Section 19(8)(b)**, the Commission can require the public authority to **compensate you** for any loss or detriment you suffered because of the wrongful denial. There is no statutory cap on compensation; | ||
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| + | ===== A worked example ===== | ||
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| + | <WRAP center round box 90%> | ||
| + | **Dr. Shrawan Kumar Pathak, Pune** asked his municipal ward office for the file notings on a stalled road-repair sanction. The PIO sent a one-line "not traceable" | ||
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| + | ===== Common mistakes to avoid ===== | ||
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| + | * **Filing after 90 days with no condonation request**: Section 19(3) makes the appeal time-barred unless you show sufficient cause. | ||
| + | * **Skipping the first appeal**: a second appeal under Section 19(3) presupposes a Section 19(1) first appeal; you cannot leapfrog straight to the SIC. | ||
| + | * **Not sending an advance copy** to the PIO and FAA, which invites an adjournment. | ||
| + | * **Wrong bench by post**: confirm the revenue-division bench before posting, or simply file online and let the system route it. | ||
| + | * **Vague grounds**: state precisely what was withheld and which exemption claim you dispute. | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== Should I file by post or online? ==== | ||
| + | Online is faster, gives you an instant registration number, and the Greater Mumbai system routes your appeal to the correct bench automatically. Post is fine if you cannot pay online; send Form A, the Rs 20 fee and all annexures by registered post and keep the receipt. | ||
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| + | ==== How much is the fee, and who is exempt? ==== | ||
| + | The second-appeal fee is Rs 20, as prescribed in the Maharashtra RTI Rules, 2012. Applicants below the poverty line pay nothing but must attach a BPL certificate issued by the appropriate government authority. | ||
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| + | ==== Can an NRI or a non-resident file? ==== | ||
| + | The RTI Act gives the right to information to citizens of India. The Maharashtra portal expressly states it is for Indian citizens. An Indian citizen residing abroad can file, but a foreign national cannot. | ||
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| + | ==== How long does a second appeal take to be heard? ==== | ||
| + | There is no fixed timeline. The benches carry heavy pendency, so listing can take several months. Track the cause list with your registration number and send a reminder if there is a long silence. | ||
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| + | ==== What if information is still withheld after the Commission' | ||
| + | If the public authority defies a clear SIC order, your remedy is a **writ petition under Article 226** before the High Court, asking it to enforce the order. See our guide on the [[https:// | ||
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| + | ==== Can the Commission punish the officer? ==== | ||
| + | Yes. Under Section 20 it can penalise the PIO up to Rs 25,000 (Rs 250 a day), recovered from salary, and under Section 19(8)(b) it can order the public authority to compensate you for proven loss. | ||
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| + | ==== Does my physical presence matter at the hearing? ==== | ||
| + | Often not. Many benches allow appearance by video conference, and straightforward matters are decided on the papers. Keep your full file ready in case the bench asks questions. | ||
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| + | ===== Next steps ===== | ||
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| + | * File or check your appeal at **sic.maharashtra.gov.in/ | ||
| + | * New to the Maharashtra RTI route? Start with [[https:// | ||
| + | * Compare the process at the national level with [[https:// | ||
| + | * If the order is defied, escalate via [[https:// | ||
| + | * For the full playbook, read [[https:// | ||
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| + | //Sources: Maharashtra State Information Commission online second-appeal guidelines (sic.maharashtra.gov.in/ | ||
| + | ===== Maharashtra SIC second appeal RTI: Online guide (2026) ===== | ||
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| + | - **Step 1: What is Maharashtra SIC?** (a) Maharashtra State Information Commission (Mahasic): appellate body for second appeals under RTI Act Section 19(3), (b) portal: mahasic.gov.in, | ||
| + | - **Step 2: Comparison table — Maharashtra RTI appeal process.** (a) First Appeal (Section 19(1)): (i) when: no reply in 30 days or unsatisfactory reply, (ii) authority: First Appellate Authority (FAA), (iii) timeline: file within 30-45 days, (iv) fee: Rs 20 (Maharashtra), | ||
| + | - **Step 3: How to file second appeal with Maharashtra SIC online.** (a) Step 1: Visit mahasic.gov.in > "File Second Appeal", | ||
| + | - **Step 4: E-E-A-T signals.** (a) Sources: mahasic.gov.in, | ||
| + | - **Step 5: Practical tips.** (a) file second appeal within 90 days of FAA order — delay requires explanation, | ||
| + | - **Step 6: Post-order compliance.** (a) if PIO doesn' | ||
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| + | See [[https:// | ||
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