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| + | {{htmlmetatags> | ||
| + | metatag-description=File an RTI for income certificate delay in Sikkim: state portal, SDM PIO, Rs 10 fee, 30-day reply clock, then First and Second Appeal to the Commission. | ||
| + | metatag-title=Sikkim RTI for Income Certificate - File and Appeal}} | ||
| + | ====== RTI for income certificate in Sikkim ====== | ||
| + | |||
| + | <WRAP info> | ||
| + | |||
| + | This is the Sikkim-focused companion to the parent guide **[[/ | ||
| + | |||
| + | ===== Who issues the income certificate in Sikkim, and where do I file my RTI? ===== | ||
| + | |||
| + | Sikkim is organised into **six districts** - Gangtok, Mangan, Namchi, Gyalshing, Pakyong and Soreng - each headed by a **District Collector**. Below the district sit the **Sub-Divisional Magistrates** and the **Block Administrative Centres**. The income certificate is a revenue document, so the issuing chain is the revenue administration under the **Land Revenue and Disaster Management Department** of the Government of Sikkim. | ||
| + | |||
| + | | **Office level** | **Designation that issues the certificate** | **Likely PIO for your RTI** | | ||
| + | |---|---|---| | ||
| + | | District | District Collector / Deputy Commissioner | CPIO, Office of the District Collector | | ||
| + | | Sub-division | Sub-Divisional Magistrate | SDM-cum-PIO | | ||
| + | | Block | Block Development Officer / BAC officer | BDO-cum-APIO | | ||
| + | | State nodal | Land Revenue and Disaster Management Department | Nodal PIO, LRDM Department | | ||
| + | |||
| + | In practice most Sikkim residents apply for the income certificate at the **SDM office or the Block Administrative Centre** that covers their village or town. The certificate is needed for **EWS reservation**, | ||
| + | |||
| + | When you file the RTI, name the public authority precisely - for example, **Office of the District Collector, [your district], Government of Sikkim** - and address it to the **Public Information Officer** of that office. The Sikkim Information Commission publishes the list of **State Public Information Officers and First Appellate Authorities** for each public authority on its portal at [[https:// | ||
| + | |||
| + | For the wider national picture, see **[[/ | ||
| + | |||
| + | ===== Does Sikkim have an online RTI portal, or must I file by post? ===== | ||
| + | |||
| + | **Yes - Sikkim runs a state RTI online portal.** Earlier practice and many older guides describe Sikkim as postal-only. That is out of date. The Government of Sikkim now hosts the **RTI Portal, Sikkim** at [[https:// | ||
| + | |||
| + | | **Filing channel** | **When to use** | **Proof you keep** | | ||
| + | |---|---|---| | ||
| + | | Online - rtionline.sikkim.gov.in | Default choice if you have internet and an online payment method | Registration / acknowledgement number and PDF receipt | | ||
| + | | Speed Post / Registered Post | When the portal is down, or you want a paper trail; also mandatory-feel for older officers | India Post tracking ID and the delivery POD | | ||
| + | | Hand delivery at the PIO counter | If you live near the DC/SDM office and want same-day acknowledgement | Stamped receiving copy | | ||
| + | | Through an APIO at a BAC | Useful in remote blocks where the post is slow | BAC receiving stamp and dated copy | | ||
| + | |||
| + | A few things to know about the **state portal**. It is a single-page application, | ||
| + | |||
| + | If the portal rejects your upload, or you simply prefer paper, file by **Speed Post with acknowledgement due** to the PIO of the issuing office. Keep the India Post tracking number and, once it shows " | ||
| + | |||
| + | ===== What is the RTI application fee in Sikkim, and how do I pay it? ===== | ||
| + | |||
| + | The application fee for an RTI in Sikkim is **Rs. 10**, in line with the RTI Act 2005 read with the RTI application form prescribed by the Sikkim Information Commission. The Rs. 10 baseline is fixed nationally by the **Central RTI (Regulation of Fee and Cost) Rules, 2012**, which is the floor that state rules follow. The Sikkim portal collects this fee online at filing. | ||
| + | |||
| + | | **Fee item** | **Amount** | **Mode** | | ||
| + | |---|---|---| | ||
| + | | Application fee | Rs. 10 | Online via state portal; or Indian Postal Order / demand draft / court-fee stamp for paper | | ||
| + | | BPL applicant | Nil - exempt | Attach a copy of the BPL / Antyodaya ration card as proof | | ||
| + | | Additional copies of information (A4) | Rs. 2 per page | As billed by the PIO in the intimation under section 7(3) | | ||
| + | | Floppy / CD | Rs. 50 per disk | As intimated by the PIO | | ||
| + | | Inspection of records | First hour free, then Rs. 5 for each subsequent 15 minutes | Paid at inspection | | ||
| + | |||
| + | Three rules about the fee that trip people up. **First**, the Rs. 10 is a **one-time application fee** - it does not cover the cost of photocopying large files, which the PIO bills separately under **[[/ | ||
| + | |||
| + | ===== How do I draft the RTI application for an income certificate file? ===== | ||
| + | |||
| + | A workable Sikkim RTI for an income certificate has five parts: the **heading** citing section 6(1), the **citizen' | ||
| + | |||
| + | A complete, ready-to-send draft for a Sikkim income-certificate delay is below. Replace the bracketed fields with your details and pick the channel that applies to you. | ||
| + | |||
| + | < | ||
| + | To, | ||
| + | The State Public Information Officer, | ||
| + | Office of the District Collector / Sub-Divisional Magistrate, | ||
| + | [District: Gangtok / Mangan / Namchi / Gyalshing / Pakyong / Soreng], | ||
| + | Government of Sikkim. | ||
| + | |||
| + | Subject: Application under section 6(1) of the RTI Act 2005 seeking | ||
| + | information on my pending income certificate application. | ||
| + | |||
| + | Sir / Madam, | ||
| + | |||
| + | I, [Full Name], son/ | ||
| + | a citizen of India, reside at [Full postal address with PIN]. | ||
| + | I had applied for an income certificate on [date] vide | ||
| + | acknowledgement / application number [number], issued by | ||
| + | [SDM office / BAC / DC office name]. | ||
| + | |||
| + | Please furnish the following information under the RTI Act 2005: | ||
| + | |||
| + | 1. The daily progress made on my application number [number], | ||
| + | | ||
| + | | ||
| + | 2. The certified copy of the verification report, if any, prepared | ||
| + | by the revenue official / Mandal on my application. | ||
| + | 3. The specific statutory reason, if any, for the delay in issuing | ||
| + | the certificate beyond the stipulated service period. | ||
| + | 4. The name, designation and office address of the officer to whom | ||
| + | the grievance regarding this delay should be addressed under the | ||
| + | | ||
| + | 5. The total number of income certificate applications pending for | ||
| + | more than 30 days in this office as of [date], and the action | ||
| + | taken to clear the pendency under section 4(1)(b) of the RTI Act. | ||
| + | |||
| + | The application fee of Rs. 10 is paid [online vide registration | ||
| + | number __ on rtionline.sikkim.gov.in / by Indian Postal Order | ||
| + | number __ / I am a BPL applicant and attach a copy of my ration | ||
| + | card as proof of fee exemption]. | ||
| + | |||
| + | I request that the information be supplied in printed / electronic | ||
| + | form. I declare that the information sought is not falling under | ||
| + | the exemptions in section 8 of the RTI Act 2005. | ||
| + | |||
| + | Place: [your city / village] | ||
| + | Date: [date] | ||
| + | | ||
| + | | ||
| + | </ | ||
| + | |||
| + | A few drafting notes. **One question per fact, never one merged question** - the PIO can lawfully refuse a compound question as " | ||
| + | |||
| + | ===== What happens in the 30-day reply window, and what does the PIO owe me? ===== | ||
| + | |||
| + | From the day the PIO receives your application - the same day for an online filing, or the Speed Post delivery date for a paper filing - a **30-day clock** runs under **[[/ | ||
| + | |||
| + | | **Day from receipt** | **What should have happened** | **What you do** | | ||
| + | |---|---|---| | ||
| + | | 0 | PIO receives and logs the application | Save the registration number / POD | | ||
| + | | 1-5 | PIO forwards to the desk holding the file | Nothing - wait | | ||
| + | | 7-14 | Inspection and verification status pulled from file | Nothing yet | | ||
| + | | 15-25 | Draft reply prepared, fee for copies intimated under 7(3) | Pay the copy fee if intimated | | ||
| + | | 30 | Reply must be sent or refused in writing | Note the date | | ||
| + | | 31 | If no reply, First Appeal becomes your right | File under 19(1) | | ||
| + | |||
| + | The PIO's reply, if there is one, must be **in writing**, must either **supply the information** or **refuse it citing the specific exemption** in **[[/ | ||
| + | |||
| + | If the reply is partial, evasive, or wrong, you still go to First Appeal - do not get into a letter-war with the PIO. The First Appellate Authority is the one who can order the PIO to do better. | ||
| + | |||
| + | ===== How do I file the First Appeal in Sikkim? ===== | ||
| + | |||
| + | A First Appeal is your **section 19(1)** remedy when the PIO has not replied within 30 days, has refused wrongly, or has given a partial or evasive answer. In Sikkim you have **30 days from the date the reply was due** (or from the date you received the reply) to file it - so the practical window opens on **Day 31** and closes around **Day 60**. The First Appellate Authority is the officer **senior to the PIO** in the same public authority - for a District Collector' | ||
| + | |||
| + | A First Appeal for a Sikkim income certificate looks like this. | ||
| + | |||
| + | < | ||
| + | To, | ||
| + | The First Appellate Authority, | ||
| + | Office of the District Collector / Land Revenue and Disaster | ||
| + | Management Department, Government of Sikkim. | ||
| + | |||
| + | Appeal under section 19(1) of the RTI Act 2005. | ||
| + | |||
| + | 1. Name of the appellant: [Full name] | ||
| + | 2. Address: [Full address with PIN and mobile] | ||
| + | 3. Particulars of the PIO: [Name and office of the PIO] | ||
| + | 4. Date of the RTI application: | ||
| + | 5. Registration / acknowledgement number: [number] | ||
| + | 6. Last date by which information was due: [date] | ||
| + | 7. Whether reply received: No / Yes, on [date], and it is | ||
| + | | ||
| + | |||
| + | Grounds of appeal: The information sought has not been furnished | ||
| + | within the period stipulated under section 7(1), or the reply | ||
| + | furnished does not answer the questions asked. | ||
| + | |||
| + | Relief sought: The FAA may direct the PIO to furnish the | ||
| + | information sought, free of further charge for the period of | ||
| + | delay, and take such action as required under section 20 of the | ||
| + | RTI Act 2005. | ||
| + | |||
| + | Place: [city / village] | ||
| + | Date: [date] | ||
| + | | ||
| + | </ | ||
| + | |||
| + | There is **no fee** for a First Appeal in Sikkim. File it the same channel you used for the application - the **[[https:// | ||
| + | |||
| + | Use the **[[https:// | ||
| + | |||
| + | ===== When and how do I file the Second Appeal to the Sikkim Information Commission? ===== | ||
| + | |||
| + | If the FAA has not decided your appeal, or has decided against you, you can file a **Second Appeal** under **section 19(3)** of the RTI Act 2005 to the **Sikkim Information Commission**. The window is **within 90 days** from the date you should have heard from the FAA (Day 60) - so practically the deadline lands around **Day 90 to Day 120** from your original application. The Commission can also condone delay if you show good cause. | ||
| + | |||
| + | The **Sikkim Information Commission** is the quasi-judicial body set up in **2006 under section 15** of the RTI Act 2005. Its office is in the **Old Secretariat (Lower Secretariat building, opposite the Super Market), NH-10, Gangtok - 737101, Sikkim**. You can reach the Commission by email at **[email protected]** (with a copy to **[email protected]**), | ||
| + | |||
| + | | **Step** | **Deadline** | **Section** | **Where** | | ||
| + | |---|---|---|---| | ||
| + | | RTI application | Day 0 | 6(1) | PIO of issuing office | | ||
| + | | Reply due | Day 30 | 7(1) | From the PIO | | ||
| + | | First Appeal | Day 31 to 60 | 19(1) | FAA of same public authority | | ||
| + | | FAA decision | 30 days, extendable to 45 | 19(6) | From the FAA | | ||
| + | | Second Appeal | Within 90 days of FAA deadline | 19(3) | Sikkim Information Commission, Gangtok | | ||
| + | | Complaint (alternative) | Any time after 30 days | 18(1) | Sikkim Information Commission | | ||
| + | |||
| + | A Second Appeal to the Commission is more formal than a First Appeal. You must attach a **copy of the original RTI application, | ||
| + | |||
| + | For the national format and structure, see **[[/ | ||
| + | |||
| + | ===== Which other offices can I lean on while the RTI runs? ===== | ||
| + | |||
| + | The RTI clock is slow by design, so run other channels in parallel - they do not stop or pause the RTI, and sometimes a parallel complaint moves the file faster than the Commission. | ||
| + | |||
| + | | **Channel** | **What it does** | **Where** | | ||
| + | |---|---|---| | ||
| + | | **CPGRAMS** - Central Public Grievance Redress and Monitoring System | Grievance to a central ministry or a routed grievance; works for PMAY, Ayushman Bharat, national scholarships tied to the income certificate | [[https:// | ||
| + | | **Sikkim State Public Grievance Redressal** | State-level grievance to the department that issues the certificate | Through the e-Services section of [[https:// | ||
| + | | **Sikkim Lokayukta** | Anti-corruption and grievance body for administrative misconduct that causes the delay | Via the state' | ||
| + | | **District Consumer Forum** | If a paid, time-bound service was not delivered and you suffered a loss | District Consumer Disputes Redressal Commission at your district HQ | | ||
| + | | **Nodal officer under the Citizens' | ||
| + | |||
| + | A useful combination is: file the **RTI** (for information), | ||
| + | |||
| + | For related Sikkim schemes, see **[[/ | ||
| + | |||
| + | ===== A real example - what a working Sikkim RTI looks like ===== | ||
| + | |||
| + | *The following is a composite, illustrative case assembled from common Sikkim fact patterns. No individual is identifiable, | ||
| + | |||
| + | A young applicant from a village in **South Sikkim** applied for an income certificate at her **SDM office** so she could claim a **post-matric scholarship** for a reserved category. The acknowledgement gave a service period of about **two weeks**, but six weeks passed with no certificate and no communication. She filed an RTI - by **Speed Post** because the portal was intermittent on her phone - to the PIO of her SDM office, asking the five questions above and quoting her application number. The India Post tracking showed delivery on **Day 3**. | ||
| + | |||
| + | No reply came by **Day 33**. She filed a **First Appeal** under section 19(1) to the Additional District Collector (the FAA for the SDM office), copying the original application and the POD. Within ten days the FAA directed the PIO to supply the information; | ||
| + | |||
| + | Three lessons from this kind of file. **One**, the income certificate delay in Sikkim is almost always a **desk-and-noting** problem, not a substantive objection - the RTI exposes it precisely because the file's movement is recorded. **Two**, the **First Appeal, not the original RTI, is the lever** - most SDM offices will not move on a bare RTI but will move on an FAA direction. **Three**, **keeping the POD and the application number is non-negotiable**; | ||
| + | |||
| + | ===== Common mistakes that sink Sikkim RTI applications ===== | ||
| + | |||
| + | - **Wrong public authority named.** Filing the RTI to the Social Welfare Department when the certificate is issued by the **revenue / LRDM** chain means a transfer of the application under section 6(3) and extra delay. Confirm the issuing office before you file. | ||
| + | - **No application or acknowledgement number.** Without it the PIO can truthfully say he cannot locate your file. | ||
| + | - **Merged or vague questions.** A single "why is my certificate delayed" | ||
| + | - **Fee not in the right mode.** Cash by post is invalid; an IPO without the payee line filled in is invalid. Pay online through the portal, or send a properly filled IPO / DD. | ||
| + | - **Missing the First Appeal window.** Many citizens wait for a Commission hearing they will never trigger, because they let the 30-day First Appeal window pass while hoping the PIO will reply. | ||
| + | - **Filing the Second Appeal without the FAA order.** The Commission routinely returns Second Appeals that do not carry the FAA's order or a statement that none was passed. | ||
| + | - **Sending the appeal to the PIO again.** A First Appeal goes to the **FAA**, an officer senior to the PIO, not back to the PIO who ignored you. | ||
| + | - **Forgetting BPL exemption.** If you hold a BPL or Antyodaya card, the Rs. 10 fee is waived - attach the proof and skip the postal order. | ||
| + | |||
| + | For the wider national traps, see **[[/ | ||
| + | |||
| + | ===== Frequently asked questions - Sikkim income certificate RTI ===== | ||
| + | |||
| + | ==== Can I file the RTI online in Sikkim, or is it postal-only? | ||
| + | |||
| + | You can file it online. The Government of Sikkim runs the **RTI Portal, Sikkim** at [[https:// | ||
| + | |||
| + | ==== Which office do I address the RTI to if I applied at my Block Administrative Centre? ==== | ||
| + | |||
| + | Address it to the **Public Information Officer of the public authority that holds your file**. If you applied at the BAC, the file usually travels to the SDM office for the certificate; | ||
| + | |||
| + | ==== How much is the RTI fee in Sikkim and how do I pay it? ==== | ||
| + | |||
| + | The application fee is **Rs. 10**, payable online on the state portal, or by Indian Postal Order, demand draft or court-fee stamp for a paper application. The Rs. 10 baseline follows the RTI Act 2005 read with the Commission' | ||
| + | |||
| + | ==== The PIO says my application is being processed. Is that a valid reply? ==== | ||
| + | |||
| + | No. A status line is **not information** under the RTI Act. The PIO must either **supply the information** you asked for in the five questions or **refuse it in writing citing a specific exemption** in section 8 or section 9. "Being processed" | ||
| + | |||
| + | ==== How long do I wait before the First Appeal in Sikkim? ==== | ||
| + | |||
| + | The 30-day reply window under section 7(1) starts on the date the PIO receives your application. If no reply arrives by **Day 31**, file the First Appeal under section 19(1) to the FAA of the same public authority. You have 30 days from the date the reply was due, so the practical window is roughly **Day 31 to Day 60**. | ||
| + | |||
| + | ==== Where is the Sikkim Information Commission and how do I reach it? ==== | ||
| + | |||
| + | The **Sikkim Information Commission** sits in the **Old Secretariat (Lower Secretariat building, opposite the Super Market), NH-10, Gangtok - 737101, Sikkim**. The email is **[email protected]** (copy **[email protected]**), | ||
| + | |||
| + | ==== When do I file the Second Appeal to the Commission? ==== | ||
| + | |||
| + | File under **section 19(3) within 90 days** of the date the FAA should have decided - in practice around **Day 90 to Day 120** from your original application. Attach the original RTI, the PIO's reply or a statement that none came, and the FAA's order or a statement that none was passed. The Commission can condone delay for good cause. | ||
| + | |||
| + | ==== Can I get my income certificate faster through RTI? ==== | ||
| + | |||
| + | The RTI does not itself issue the certificate - it forces information about why it is stuck, which usually unsticks the file. In most Sikkim cases the file moves once the FAA, on appeal, directs the PIO to give the desk-and-noting status. For the actual certificate, | ||
| + | |||
| + | ==== Is the income certificate needed for Sikkim welfare schemes? ==== | ||
| + | |||
| + | Yes. It is required for **EWS reservation**, | ||
| + | |||
| + | ==== What if I am a BPL applicant - do I still pay the fee? ==== | ||
| + | |||
| + | No. **BPL and Antyodaya cardholders are exempt** from the Rs. 10 application fee. Attach a copy of your ration card or BPL certificate to the application. See **[[/ | ||
| + | |||
| + | ==== Can the Commission penalise the PIO for the delay? ==== | ||
| + | |||
| + | Yes. Under **section 20** of the RTI Act, the Commission can impose a penalty of **Rs. 250 per day** of delay on the PIO, up to **Rs. 25,000**, and can recommend **disciplinary proceedings** against an officer who has persistently refused information. Penalty is not automatic - you must ask for it in your Second Appeal, and the PIO must be given a hearing. | ||
| + | |||
| + | ==== Do I need a lawyer to file the RTI or the appeals? ==== | ||
| + | |||
| + | No. The RTI Act is designed for direct citizen use; no advocate is needed for the application, | ||
| + | |||
| + | ==== What is the difference between a section 18 complaint and a section 19 appeal in Sikkim? ==== | ||
| + | |||
| + | A **section 19 appeal** is a layered remedy - first to the FAA, then to the Commission - that follows from a specific refused or unanswered application. A **section 18 complaint** goes **directly to the Commission** against a systemic failure (for example a public authority that has no PIO, or one that systematically destroys records). For a single delayed income certificate, | ||
| + | |||
| + | <WRAP tip> | ||
| + | **Reviewed by Dr. Shrawan Kumar Pathak (RTI practitioner) and Kashvi Pathak (legal content reviewer), Right to Information Wiki editorial desk.** This page rests on the text of the **RTI Act 2005**, the **Sikkim Information Commission** disclosures at sicsikkim.nic.in, | ||
| + | </ | ||
| + | |||
| + | ===== Sources ===== | ||
| + | * The Right to Information Act, 2005 - sections 6, 7, 8, 18, 19, 20. | ||
| + | * Sikkim Information Commission, Old Secretariat, | ||
| + | * RTI Portal, Sikkim - [[https:// | ||
| + | * Government of Sikkim, Land Revenue and Disaster Management Department - [[https:// | ||
| + | * Central RTI online portal (pattern reference) - [[https:// | ||
| + | * CPGRAMS - Central Public Grievance Redress and Monitoring System - [[https:// | ||
| + | |||
| + | {{tag> | ||