Right to Information Act Guide
-
Upload
sanketdhanave -
Category
Documents
-
view
226 -
download
0
Transcript of Right to Information Act Guide
-
8/8/2019 Right to Information Act Guide
1/44
Guide onRiGht to infoRmation act, 2005
Government o India
Ministry o Personnel, Public Grievances & Pensions
Department o Personnel & Training
-
8/8/2019 Right to Information Act Guide
2/44
-
8/8/2019 Right to Information Act Guide
3/44
contents
Foreword v
Part I For All Stake Holders 1
Object o the Right to Inormation Act 2
What is Inormation 2
What is a Public Authority 2
Public Inormation Ocer 2
Assistant Public Inormation Ocer 3Right to Inormation under the Act 3
Right to Inormation Vis--Vis other Acts 4
Supply o Inormation to Associations etc 4
Fee or Seeking Inormation 5
Format o Application 6
Inormation Exempted rom Disclosure 6
Record Retention Schedule and the Act 6
Assistance Available to the Applicant 7 Time Period or Supply o Inormation 7
Appeals 7
Complaints 8
Disposal o Appeals and Complaints by the CIC 8
Third Party Inormation
Disclosure o Third Party Inormation 8
-
8/8/2019 Right to Information Act Guide
4/44
Part II For Public Authorities 11
Maintenance and Computerisation o Records 11
Suo Motu Disclosure 11
Dissemination o Inormation 13
Publication o Facts about Policies and Decisions 13
Providing Reasons or Decisions 13Designation o PIOs and APIOs etc. 13
Designation o Appellate Authority 14
Acceptance o Fee 14
Compliance o the Orders o the Inormation Commission 14
Development o Programmes etc 15
Creation o Central Point 15
Transer o Applications
Annual Report o the CIC 16
Part-III For Inormation Seekers 19
Method o Seeking Inormation 19
Application to the Concerned Public Authority 19
Fee or Seeking Inormation 20
Format o Application 20
Filing o Appeal 20
Filing o Complaints 21
Part IV For Public Inormation Ocers 23Applications Received Without Fee 23
Transer o Application
Rendering Assistance to Applicants 26
Assistance Available to PIO 27
Supply o Inormation 27
Supply o Part Inormation by Severance 28
Time Period or Supply o Inormation 28
Disclosure o Third Party Inormation 30Suo Motu Disclosure 31
Imposition o Penalty 31
Disciplinary Action Against PIO 32
Protection or Work Done in Good Faith 32
Annual Report o the CIC 32
Part V For First Appellate Authorities 35
First Appeal 35
Disposal o Appeal 36 Time limit or disposal o appeal 37
-
8/8/2019 Right to Information Act Guide
5/44
The commencement o the RTI regime our years back marked the dawn o a newera. Dierent stakeholders have played an important role in carrying orward theregime and have helped the government in inculcating a culture o transparency
and accountability in the working o public authorities. It has been observed
that inormation seekers ace problem in making use o the Act and the ocers
o the public authorities ace problems in implementing the provisions o the Act
in right earnest. Guidelines were, thereore, issued or Inormation Seekers, PublicAuthorities, 1st Appellate Authorities and the Central Public Inormation Ocers
some time back. Some developments have since taken place. A consolidated
updated Guide on the Act is now being brought out which, I am certain, would help
all the inormation seekers in getting inormation; public inormation ocers in
dealing with RTI applications; rst appellate authorities in taking cogent decisions
on appeals and public authorities in implementing various provisions o the Act
eectively. I hope this Guide will help all stakeholders in urthering the objectives
o the RTI Act, 2005.
(Sh Cs)
Secretary
New Delhi Department o Personnel & Training,October, 2009 Ministry o Personnel, Public Grievances and Pensions
foReWoRd
-
8/8/2019 Right to Information Act Guide
6/44
-
8/8/2019 Right to Information Act Guide
7/44
The right to inormation is implicitly guaranteed by the Constitution. However,with a view to set out a practical regime or securing inormation, the IndianParliament enacted the Right to Inormation Act, 2005 and thus gave a powerul tool
to the citizens to get inormation rom the Government as a matter o right. This
law is very comprehensive and covers almost all matters o governance and has the
widest possible reach, being applicable to Government at all levels- Union, State and
Local as well as recipients o government grants.
2. The Act requires the Government to compile a guide in easily comprehensible
orm and to update it rom time to time. The Government has already published
our guides in the past, one each or the inormation seekers, the public authorities,
the Central Public Inormation Ocers and the Appellate Authorities. Here is an
updated consolidated guide or the use o all stake-holders. This guide contains
ve parts. Part I o the guide discusses some aspects o the Act which all the
stake-holder are required to know. Rest o the our parts are specically relevant
to the public authorities, the inormation seekers, the public inormation ocers
and the rst appellate authorities respectively.
3. Contents o this guide are specically relevant in relation to the Central
Government but are equally applicable to the State Governments except in
relation to rules about payment o ee or deciding o appeals by the Inormation
Commissions. It may be noted that this guide uses the term Public Inormation
Ocer in place o Central Public Inormation Ocer/State Public Inormation
Ocer. Likewise Assistant Public Inormation Ocer has been used or CentralAssistant Public Inormation Ocer/State Assistant Public Inormation Ocer
PaRt ifr all sk hlr
-
8/8/2019 Right to Information Act Guide
8/44
Guide on Right to Inormation Act, 20052
and Inormation Commission or Central Inormation Commission/State
Inormation Commission except where it was considered necessary to make
specic reerence to the Central Public Inormation Ocer/Central Inormation
Commission etc. The Departmental Appellate Authority has been reerred to as
First Appellate Authority inasmuch as the rst appeal lies with him.
Object o the Right to Inormation Act
4. The basic object o the Right to Inormation Act is to empower the citizens,
promote transparency and accountability in the working o the Government,
contain corruption, and make our democracy work or the people in real sense.
It goes without saying that an inormed citizen is better equipped to keep
necessary vigil on the instruments o governance and make the government
more accountable to the governed. The Act is a big step towards making thecitizens inormed about the activities o the Government.
What is Inormation
5. Inormation is any material in any orm. It includes records, documents, memos,
e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic orm. It
also includes inormation relating to any private body which can be accessed by
the public authority under any law or the time being in orce.
What is a Public Authority
6. A public authority is any authority or body or institution o sel government
established or constituted by or under the Constitution; or by any other law made
by the Parliament or a State Legislature; or by notication issued or order made
by the Central Government or a State Government. The bodies owned, controlled
or substantially nanced by the Central Government or a State Government andnon-Government organisations substantially nanced by the Central Government
or a State Government also all within the denition o public authority. The
nancing o the body or the NGO by the Government may be direct or indirect.
Public Inormation Ocer
7. Public authorities have designated some o its ocers as Public Inormation
Ocer. They are responsible to give inormation to a person who seeks
inormation under the RTI Act.
-
8/8/2019 Right to Information Act Guide
9/44
3
Assistant Public Inormation Ocer
8. These are the ocers at sub-divisional level to whom a person can give his
RTI application or appeal. These ocers send the application or appeal to the
Public Inormation Ocer o the public authority or the concerned appellate
authority. An Assistant Public Inormation Ocer is not responsible to supplythe inormation.
9. The Assistant Public Inormation Ocers appointed by the Department o Posts
in various post oces are working as Assistant Public Inormation Ocers or all
the public authorities under the Government o India.
Right to Inormation under the Act
10. A citizen has a right to seek such inormation rom a public authority which isheld by the public authority or which is held under its control. This right includes
inspection o work, documents and records; taking notes, extracts or certied
copies o documents or records; and taking certied samples o material held
by the public authority or held under the control o the public authority. It is
important to note that only such inormation can be supplied under the Act
which already exists and is held by the public authority or held under the control
o the public authority. The Public Inormation Ocer is not supposed to create
inormation; or to interpret inormation; or to solve the problems raised by theapplicants; or to urnish replies to hypothetical questions.
11. The Act gives the citizens a right to inormation at par with the Members o
Parliament and the Members o State Legislatures. According to the Act, the
inormation which cannot be denied to the Parliament or a State Legislature,
shall not be denied to any person.
12. A citizen has a right to obtain inormation rom a public authority in the orm
o diskettes, foppies, tapes, video cassettes or in any other electronic mode orthrough print-outs provided such inormation is already stored in a computer or
in any other device rom which the inormation may be e-mailed or transerred
to diskettes etc.
13. The inormation to the applicant should ordinarily be provided in the orm in
which it is sought. However, i the supply o inormation sought in a particular
orm would disproportionately divert the resources o the public authority or may
cause harm to the saety or preservation o the records, supply o inormation in
that orm may be denied.
Part I - For All Stake Holders
-
8/8/2019 Right to Information Act Guide
10/44
Guide on Right to Inormation Act, 20054
14. In some cases, the applicants expect the Public Inormation Ocer to give
inormation in some particular proorma devised by them on the plea that they
have a right to get inormation in the orm in which it is sought. It need be noted
that the provision in the Act simply means that i the inormation is sought in the
orm o photocopy, it shall be provided in the orm o photocopy, or i it is sought
in the orm o a foppy, it shall be provided in that orm subject to the conditionsgiven in the Act. It does not mean that the PIO shall re-shape the inormation.
This is substantiated by the denition o the term right to inormation as given
in the Act, according to which, it includes right to obtaining inormation in the
orm o diskettes, foppies, tapes, video cassettes or in any other electronic mode
or through print-outs provided such inormation is already stored in a computer
or in any other device. Everywhere in the Act, the word orm has been used to
represent this meaning.
15. Some Inormation Seekers request the Public Inormation Ocers to cull out
inormation rom some document(s) and give such extracted inormation
to them. A citizen has a right to get material rom a public authority which is
held by or under the control o that public authority. The Act, however, does
not require the Public Inormation Ocer to deduce some conclusion rom the
material and supply the conclusion so deduced to the applicant. It means that
the Public Inormation Ocer is required to supply the material in the orm as
held by the public authority, but not to do research on behal o the citizen to
deduce anything rom the material and then supply it to him.
Right to Inormation Vis--Vis other Acts
16. The RTI Act has over-riding eect vis--vis other laws inasmuch as the provisions
o the RTI Act would have eect notwithstanding anything inconsistent therewith
contained in the Ocial Secrets Act, 1923, and any other law or the time being
in orce or in any instrument having eect by virtue o any law other than the RTI
Act.
Supply o Inormation to Associations etc
17. The Act gives the right to inormation only to the citizens o India. It does not
make provision or giving inormation to Corporations, Associations, Companies
etc. which are legal entities/persons, but not citizens. However, i an application
is made by an employee or oce-bearer o any Corporation, Association,
Company, NGO etc. indicating his name and such employee/oce bearer
is a citizen o India, inormation may be supplied to him/her. In such cases, it
-
8/8/2019 Right to Information Act Guide
11/44
5
would be presumed that a citizen has sought inormation at the address o the
Corporation etc.
Fee or Seeking Inormation
18. A person who desires to seek some inormation rom a public authority is requiredto send, along with the application, a demand drat or a bankers cheque or an
Indian Postal Order o Rs. 10/- (Rupees ten), payable to the Accounts Ocer o
the public authority as ee prescribed or seeking inormation. The payment
o ee can also be made by way o cash to the Accounts Ocer o the public
authority or to the Assistant Public Inormation Ocer against proper receipt.
19. The applicant may also be required to pay urther ee towards the cost o
providing the inormation, details o which shall be intimated to the applicant
by the PIO as prescribed by the Right to Inormation (Regulation o Fee and Cost)Rules, 2005. Rates o ee as prescribed in the Rules are given below:
(a) rupees two (Rs. 2/-) or each page ( in A-4 or A-3 size paper) created or
copied;
(b) actual charge or cost price o a copy in larger size paper;
(c) actual cost or price or samples or models;
(d) or inormation provided in diskette or foppy, rupees ty (Rs. 50/-) per
diskette or foppy; and
(e) or inormation provided in printed orm, at the price xed or such
publication or rupees two per page o photocopy or extracts rom the
publication.
20. As already pointed out, a citizen has a right to inspect the records o a public
authority. For inspection o records, the public authority shall charge no ee
or the rst hour. But a ee o rupees ve (Rs. 5/-) or each subsequent hour (or
raction thereo) shall be charged.
21. I the applicant belongs to below poverty line (BPL) category, he is not required
to pay any ee. However, he should submit a proo in support o his claim to
belong to the below poverty line. The application not accompanied by the
prescribed ee o Rs. 10/- or proo o the applicants belonging to below poverty
line, as the case may be, shall not be a valid application under the Act. It may be
pointed out that there is no bar on the public authority to supply inormation
in response to such applications. However, provisions o Act would not apply to
such cases.
Part I - For All Stake Holders
-
8/8/2019 Right to Information Act Guide
12/44
Guide on Right to Inormation Act, 20056
Format o Application
22. There is no prescribed ormat o application or seeking inormation. The
application can be made on plain paper. The application should, however, have
the name and complete postal address o the applicant. Even in cases where the
inormation is sought electronically, the application should contain name andpostal address o the applicant.
23. The inormation seeker is not required to give reasons or seeking inormation.
Inormation Exempted rom Disclosure
24. Sub-section (1) o section 8 and section 9 o the Act enumerate the types
o inormation which is exempt rom disclosure. Sub-section (2) o section
8, however, provides that inormation exempted under sub-section (1) orexempted under the Ocial Secrets Act, 1923 can be disclosed i public interest
in disclosure overweighs the harm to the protected interest.
25. The inormation which, in normal course, is exempt rom disclosure under
sub-section(1) o Section 8 o the Act, would cease to be exempted i 20 years
have lapsed ater occurrence o the incident to which the inormation relates.
However, the ollowing types o inormation would continue to be exempt
and there would be no obligation, even ater lapse o 20 years, to give any
citizen:
(i) inormation disclosure o which would prejudicially aect the sovereignty
and integrity o India, the security, strategic, scientic or economic interest
o the State, relation with oreign state or lead to incitement o an oence;
(ii) inormation the disclosure o which would cause a breach o privilege o
Parliament or State Legislature; or
(iii) cabinet papers including records o deliberations o the Council o Ministers,
Secretaries and other Ocers subject to the conditions given in proviso toclause (i) o sub-section(1) o Section 8 o the Act.
Record Retention Schedule and the Act
26. The Act does not require the public authorities to retain records or indenite
period. The records need be retained as per the record retention schedule
applicable to the concerned public authority. Inormation generated in a le
may survive in the orm o an OM or a letter or in any other orm even aterdestruction o the le/record. Section 8(3) o the Act requires urnishing o
-
8/8/2019 Right to Information Act Guide
13/44
7
inormation so available ater the lapse o 20 years even i such inormation was
exempt rom disclosure under sub-section(1) o Section 8.
Assistance Available to the Applicant
27. I a person is unable to make a request in writing, he may seek the help o thePublic Inormation Ocer to write his application and the Public Inormation
Ocer should render him reasonable assistance. Where a decision is taken to give
access to a sensorily disabled person to any document, the Public Inormation
Ocer, shall provide such assistance to the person as may be appropriate or
inspection.
Time Period or Supply o Inormation
28. In normal course, inormation to an applicant shall be supplied within 30 daysrom the receipt o application by the public authority. I inormation sought
concerns the lie or liberty o a person, it shall be supplied within 48 hours. In
case the application is sent through the Assistant Public Inormation Ocer or
it is sent to a wrong public authority, ve days shall be added to the period o
thirty days or 48 hours, as the case may be. Further details in this regard are
given in the chapter, For the Public Inormation Ocers.
Appeals
29. I an applicant is not supplied inormation within the prescribed time o thirty
days or 48 hours, as the case may be, or is not satised with the inormation
urnished to him, he may preer an appeal to the rst appellate authority who is
an ocer senior in rank to the Public Inormation Ocer. Such an appeal, should
be led within a period o thirty days rom the date on which the limit o 30 days
o supply o inormation is expired or rom the date on which the inormation or
decision o the Public Inormation Ocer is received. The appellate authority othe public authority shall dispose o the appeal within a period o thirty days or
in exceptional cases within 45 days o the receipt o the appeal.
30. I the rst appellate authority ails to pass an order on the appeal within the
prescribed period or i the appellant is not satised with the order o the rst
appellate authority, he may preer a second appeal with the Central Inormation
Commission within ninety days rom the date on which the decision should
have been made by the rst appellate authority or was actually received by the
appellant.
Part I - For All Stake Holders
-
8/8/2019 Right to Information Act Guide
14/44
-
8/8/2019 Right to Information Act Guide
15/44
9
35. In regard to a third party inormation which the third party has treated as
condential, the Public Inormation Ocer should ollow the procedure as given
in the chapter For publiC inFormation oFFiCerS. The third party should
be given ull opportunity to put his case or non-disclosure i he desires that the
inormation should not be disclosed.
Part I - For All Stake Holders
-
8/8/2019 Right to Information Act Guide
16/44
-
8/8/2019 Right to Information Act Guide
17/44
Public authorities are the repository o inormation which the citizens have aright to have under the Right to Inormation Act, 2005. The Act casts importantobligations on public authorities so as to acilitate the citizens o the country to
access the inormation held under their control. The obligations o a public authority
are basically the obligations o the head o the authority, who should ensure that
these are met in right earnest. Reerence made to public authority in this document
is, in act, a reerence to the head o the public authority.
Maintenance and Computerisation o Records
2. Proper management o records is o utmost importance or eective
implementation o the provisions o the Act. A public authority should, thereore,
maintain all its records properly. It should ensure that the records are duly
catalogued and indexed in such a manner and orm that it may acilitate the
right to inormation.
Suo Motu Disclosure
3. Every public authority should provide as much inormation suo motu to the
public through various means o communications so that the public have
minimum need to use the Act to obtain inormation. Internet being one o the
most eective means o communications, the inormation may be posted on the
website.
PaRt iifr Pbl ar
-
8/8/2019 Right to Information Act Guide
18/44
Guide on Right to Inormation Act, 200512
4. Section 4(1)(b) o the Act, in particular, requires every public authority to publish
ollowing sixteen categories o inormation:
(i) the particulars o its organisation, unctions and duties;
(ii) the powers and duties o its ocers and employees;
(iii) the procedure ollowed in the decision making process, including channelso supervision and accountability;
(iv) the norms set by it or the discharge o its unctions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its
control or used by its employees or discharging its unctions;
(vi) a statement o the categories o documents that are held by it or under its
control;
(vii) the particulars o any arrangement that exists or consultation with, orrepresentation by, the members o the public in relation to the ormulation
o its policy or implementation thereo;
(viii) a statement o the boards, councils, committees and other bodies consisting
o two or more persons constituted as its part or or the purpose o its
advice, and as to whether meetings o those boards, councils, committees
and other bodies are open to the public, or the minutes o such meetings
are accessible or public;
(ix) directory o its ocers and employees;
(x) the monthly remuneration received by each o its ocers and employees,
including the system o compensation as provided in its regulations;
(xi) the budget allocated to each o its agency, indicating the particulars o all
plans, proposed expenditures and reports on disbursements made;
(xii) the manner o execution o subsidy programmes, including the amounts
allocated and the details o beneciaries o such programmes;
(xiii) particulars o recipients o concessions, permits or authorisations granted by it;
(xiv) details in respect o the inormation, available to or held by it, reduced in an
electronic orm;
(xv) the particulars o acilities available to citizens or obtaining inormation,
including the working hours o a library or reading room, i maintained or
public use;
(xvi) the names, designations and other particulars o the Public InormationOcers.
-
8/8/2019 Right to Information Act Guide
19/44
13
5. Besides the categories o inormation enumerated above, the Government
may prescribe other categories o inormation to be published by any public
authority. It need be stressed that publication o the inormation as reerred to
above is not optional. It is a statutory requirement which every public authority
is bound to meet.
6. Another important point to note is that it is not sucient to publish the above
inormation once. The public authority is obliged to update such inormation
every year. It is advisable that, as ar as possible, the inormation should be
updated as and when any development takes place. Particularly, in case o
publication on the internet, the inormation should be kept updated all the
time.
Dissemination o Inormation7. The public authority should widely disseminate the inormation. Dissemination
should be done in such orm and manner which is easily accessible to the public. It
may be done through notice boards, newspapers, public announcements, media
broadcast, the internet or any other means. The public authority should take into
consideration the cost eectiveness, local language and most eective method
o communication in the local area while disseminating the inormation.
Publication o Facts about Policies and Decisions8. Public authorities ormulate policies and take various decisions rom time
to time. As provided in the Act, while ormulating important policies or
announcing the decisions aecting the public, the public authority should
publish all relevant acts about such policies and decisions or the inormation
o public at large.
Providing Reasons or Decisions9. The public authorities take various administrative and quasi-judicial decisions
which aect the interests o certain persons. It is mandatory or the concerned
public authority to provide reasons or such decisions to the aected persons. It
may be done by using appropriate mode o communication.
Designation o PIOs and APIOs etc.
10. Every public authority is required to designate Public Inormation Ocers in allthe administrative units or oces under it. Every public authority is also required
Part II - For Public Authorities
-
8/8/2019 Right to Information Act Guide
20/44
Guide on Right to Inormation Act, 200514
to designate Assistant Public Inormation Ocers at each sub-divisional level.
The Government o India has decided that Central Assistant Public Inormation
Ocers (CAPIOs) appointed by the Department o Posts would act as CAPIOs or
all the public authorities under the Government o India.
Designation o Appellate Authority11. Sub-section (8) o Section 7 o the RTI Act provides that where a request
or inormation is rejected, the Public Inormation Ocer shall, inter-alia,
communicate the particulars o the Appellate Authority to the person making
the request. Thus, the applicant is inormed about the particulars o the
Appellate Authority when a request or inormation is rejected but there may
be cases where the Public Inormation Ocer does not reject the application,
but the applicant does not receive a decision within the time as specied in theAct or he is aggrieved by the decision o the Public Inormation Ocer. In such
a case the applicant may like to exercise his right to appeal. But in absence o
the particulars o the appellate authority, the applicant may ace diculty in
making an appeal. All the public authorities should, thereore, designate the First
Appellate Authorities and publish their particulars alongwith the particulars o
the Public Inormation Ocers.
Acceptance o Fee12. According to the Right to Inormation (Regulation o Fee and Cost) Rules, 2005
as amended by the Right to Inormation (Regulation o Fee and Cost) Rules,
2006, an applicant can make payment o ee in cash or by demand drat or
bankers cheque or Indian Postal Order payable to the Accounts Ocer o the
public authority. The public authority should ensure that payment by any o the
above modes is not denied or the applicant is not compelled to draw IPO etc. in
the name o any ocer other than the Accounts Ocer. I any public authority
does not have any Accounts Ocer, it should designate an ocer as such or the
purpose o receiving ee under the RTI Act or rules made thereunder.
Compliance o the Orders o the Inormation Commission
13. While deciding an appeal, the Inormation Commission, may require the
concerned public authority to take such steps as may be necessary to secure
compliance with the provisions o the Act. In this regard the Commission
may pass an order to provide inormation to an applicant in a particular orm;appoint a Public Inormation Ocer; publish certain inormation or categories
-
8/8/2019 Right to Information Act Guide
21/44
15
o inormation; make necessary changes to its practices in relation to the
maintenance, management and destruction o records; enhance the provision
o training or its ocials; provide an annual report as prepared in compliance
with clause (b) o subsection (1) o section 4 o the Act.
14. The Commission has power to pass orders requiring a public authority tocompensate the complainant or any loss or other detriment suered by him. It
also has power to impose penalty on the Public Inormation Ocer as provided
in the Act. It may be noted that penalty is imposed on the Public Inormation
Ocer which is to be paid by him. However, the compensation, ordered by the
Commission to be paid to an applicant would have to be paid by the public
authority,
15. The decisions o the Commission are binding. The public authority should
ensure that the orders passed by the Commission are implemented. I anypublic authority or a PIO is o the view that an order o the Commission is not in
consonance with the provisions o the Act, it may approach the High Court by
way o a Writ Petition.
Development o Programmes etc
16. It is expected o each public authority that it would develop and organise
educational programmes to advance the understanding o the public, inparticular o disadvantaged communities, as to how to exercise the rights
contemplated under the Act; and ensure timely and eective dissemination o
accurate inormation about their activities. Training o the Public Inormation
Ocers and other ocers o a public authority is very important or meeting
these expectations and eective implementation o the provisions o the Act.
The public authorities should, thereore, arrange or training o their ocers
designated as Public Inormation Ocer/First Appellate Authority and other
ocers who are directly or indirectly involved in the implementation o the
provisions o the Act.
Creation o Central Point
17. Sub-section (1) o Section 5 o the Right to Inormation Act, 2005 mandates all
public authorities to designate as many Public Inormation Ocers as necessary
to provide inormation under the Act. Where a public authority designates more
than one Public Inormation Ocer (PIO), an applicant is likely to ace diculty
in approaching the appropriate Public Inormation Ocer. The applicants wouldalso ace problem in identiying the ocer senior in rank to the Public Inormation
Part II - For Public Authorities
-
8/8/2019 Right to Information Act Guide
22/44
Guide on Right to Inormation Act, 200516
Ocer to whom an appeal under sub-section (1) o Section 19 o the Act can
be made. Thereore all public authorities with more than one PIO should create
a central point within the organisation where all the RTI applications and the
appeals addressed to the First Appellate Authorities may be received. An ocer
should be made responsible to ensure that all the RTI applications/appeals
received at the central point are sent to the concerned Public InormationOcers/Appellate Authorities, on the same day.
Transer o Applications
18. The Act provides that i an application is made to a public authority requesting
or an inormation, which is held by another public authority; or the subject
matter o which is more closely connected with the unctions o another public
authority, the public authority, to which such application is made, shall transer
the application or relevant part o it to that other public authority within ve
days rom the receipt o the application. The public authority should sensitize its
ocers about this provision o the Act lest the public authority is held responsible
or delay.
Annual Report o the CIC
19. The Inormation Commissions, ater the end o each year, are required to prepare
reports on the implementation o the provisions o the Act during that year. EachMinistry or Department is required, in relation to the public authorities within
its jurisdiction, to collect and provide inormation to the concerned Inormation
Commission or preparation o the report. The report o the Commission, inter-alia,
contains ollowing inormation in respect o the year to which the report relates:
(a) the number o requests made to each public authority;
(b) the number o decisions where applicants were not entitled to access to the
documents pursuant to the requests, the provisions o the Act under whichthese decisions were made and the number o times such provisions were
invoked;
(c) particulars o any disciplinary action taken against any ocer in respect o
the administration o the Act;
(d) the amount o charges collected by each public authority under the Act;
and
(e) any acts which indicate an eort by the public authorities to administer and
implement the spirit and intention o the Act.
-
8/8/2019 Right to Information Act Guide
23/44
17
20. Every public authority should send necessary material to its administrative
Ministry/Department soon ater the end o the year so that the Ministry/
Department may send the inormation to the Commission and the Commission
may incorporate the same in its report.
21. I it appears to the Inormation Commission that a practice o a public authorityin relation to the exercise o its unctions under the Act does not conorm with
the provisions or spirit o the Act, it may give a recommendation to the authority
speciying the steps ought to be taken or promoting such conormity. The
concerned public authority should take necessary action to bring its practice in
conormity with the Act.
Part II - For Public Authorities
-
8/8/2019 Right to Information Act Guide
24/44
-
8/8/2019 Right to Information Act Guide
25/44
-
8/8/2019 Right to Information Act Guide
26/44
Guide on Right to Inormation Act, 200520
Fee or Seeking Inormation
4. The applicant, along with the application, should send application ee to the
Public Inormation Ocer. In case o Government o India prescribed application
ee is Rs. 10/- which can be paid through a demand drat or a bankers cheque or
an Indian Postal Order payable to the Accounts Ocer o the public authority.The payment o ee can also be made by way o cash to the Accounts Ocer o
the public authority or to the Assistant Public Inormation Ocer against proper
receipt.
5. The applicant may also be required to pay urther ee towards the cost o
providing the inormation, details o which shall be intimated to the applicant
by the Public Inormation Ocer. The ee so demanded can be paid the same
way as application ee.
6. I the applicant belongs to below poverty line (BPL) category, he is not
required to pay any ee. However, he should submit a proo in support o his
claim to belong to the below poverty line. The application not accompanied
by the prescribed application ee or proo o the applicants belonging to
below poverty line, as the case may be, shall not be a valid application under
the Act.
Format o Application7. There is no prescribed ormat o application or seeking inormation. The
application can be made on plain paper. The application should, however, have
the name and complete postal address o the applicant. Even in cases where the
inormation is sought electronically, the application should contain name and
postal address o the applicant.
Filing o Appeal
8. An applicant can le an appeal to the rst appellate authority i inormation is
not supplied to him within the prescribed time o thirty days or 48 hours, as the
case may be, or is not satised with the inormation urnished to him. Such an
appeal, should be led within a period o thirty days rom the date on which the
limit o 30 days o supply o inormation is expired or rom the date on which
the inormation or decision o the Public Inormation Ocer is received. The
appellate authority o the public authority shall dispose o the appeal within a
period o thirty days or in exceptional cases within 45 days o the receipt o theappeal.
-
8/8/2019 Right to Information Act Guide
27/44
21
9. I the appellate authority ails to pass an order on the appeal within the prescribed
period or i the appellant is not satised with the order o the rst appellate
authority, he may preer a second appeal with the Inormation Commission
within ninety days rom the date on which the decision should have been made
by the rst appellate authority or was actually received by the appellant.
10. The appeal made to the Central Inormation Commission should contain the
ollowing inormation:
(i) name and address o the appellant;
(ii) name and address o the Public Inormation Ocer against the decision o
whom the appeal is preerred;
(iii) particulars o the order including number, i any, against which the appeal is
preerred;
(iv) brie acts leading to the appeal;
(v) i the appeal is preerred against deemed reusal, particulars o the
application, including number and date and name and address o the Public
Inormation Ocer to whom the application was made;
(vi) prayer or relie sought;
(v) grounds or prayer or relie;
(vi) verication by the appellant; and(vii) any other inormation, which the Commission may deem necessary or
deciding the appeal.
11. The appeal made to the Central Inormation Commission should be accompanied
by the ollowing documents:
(i) sel-attested copies o the orders or documents against which appeal is
made;
(ii) copies o the documents relied upon by the appellant and reerred to in theappeal; and
(iii) an index o the documents reerred to in the appeal.
Filing o Complaints
12. A person can make a complaint to the Inormation Commission i he is unable
to submit a request to a Public Inormation Ocer either by reason that such
an ocer has not been appointed by the concerned public authority; or theAssistant Public Inormation Ocer has reused to accept his or her application
Part III - For Inormation Seekers
-
8/8/2019 Right to Information Act Guide
28/44
Guide on Right to Inormation Act, 200522
or appeal or orwarding the same to the Public Inormation Ocer or the
appellate authority, as the case may be; or he has been reused access to any
inormation requested by him under the RTI Act; or he has not been given a
response to a request or inormation within the time limit specied in the
Act; or he has been required to pay an amount o ee which he considers
unreasonable; or he believes that he has been given incomplete, misleading oralse inormation.
-
8/8/2019 Right to Information Act Guide
29/44
-
8/8/2019 Right to Information Act Guide
30/44
Guide on Right to Inormation Act, 200524
4. Section 6(1) o the RTI Act, 2005 provides that a person who desires to obtain
any inormation shall make a request to the public inormation ocer o the
concerned public authority. Section 6(3) provides that where an application
is made to a public authority requesting or any inormation which is held
by another public authority or the subject matter o which is more closely
connected with the unctions o another public authority, the public authorityto which such an application is made, shall transer the application to that other
public authority. The provisions o sub-section (1) and sub-section(3) o Section
6, suggest that the Act requires an inormation seeker to address the application
to the Public Inormation Ocer o the concerned public authority. However,
there may be cases in which a person o ordinary prudence may believe that
the inormation sought by him/her would be available with the public authority
to which he/she has addressed the application, but is actually held by some
other public authority. In such cases, the applicant makes a bonade mistake oaddressing the application to the Public Inormation Ocer o a wrong public
authority. On the other hand where an applicant addresses the application
to the Public Inormation Ocer o a public authority, which to a person o
ordinary prudence, would not appear to be the concern o that public authority,
the applicant does not ulll his responsibility o addressing the application to
the concerned public authority.
5. Given hereinunder are some situations which may arise in the matter and action
required to be taken in such cases:
(i) a person makes an application to a public authority or some inormation
which concerns some another public authority. In such a case, the Public
Inormation Ocer receiving the application should transer the application
to the concerned public authority under intimation to the applicant. However,
i the Public Inormation Ocer o the public authority is not able to nd out
as to which public authority is concerned with the inormation even ater
making reasonable eorts to nd out the concerned public authority, heshould inorm the applicant that the inormation is not available with his
public authority and that he is not aware o the particulars o the concerned
public authority to which the application could be transerred. It would,
however, be the responsibility o the PIO, i an appeal is made against
his decision, to establish that he made reasonable eorts to nd out the
particulars o the concerned public authority.
(ii) a person makes an application to a public authority or inormation, only
a part o which is available with that public authority and a part o theinormation concerns some another public authority. In such a case, the
-
8/8/2019 Right to Information Act Guide
31/44
25
Public Inormation Ocer should supply the inormation concerning his
public authority and a copy o the application should be sent to that another
public authority under intimation to the applicant.
(iii) a person makes an application to a public authority or inormation, a part o
which is available with that public authority and the rest o the inormation
is scattered with more than one other public authorities. In such a case, the
Public Inormation Ocer o the public authority receiving the application
should give inormation relating to it and advise the applicant to make
separate applications to the concerned public authorities or obtaining
inormation rom them. I no part o the inormation sought, is available
with it but is scattered with more than one other public authorities, the
Public Inormation Ocer should inorm the applicant that inormation is
not available with the public authority and that the applicant should make
separate applications to the concerned public authorities or obtaining
inormation rom them. It may be noted that the Act requires the supply
o such inormation only which already exists and is held by the public
authority or held under the control o the public authority. It is beyond
the scope o the Act or a public authority to collect the inormation rom
various public authorities to supply it to the applicant. At the same time,
since the inormation is not related to any one another particular public
authority, it is not the case where application should be transerred under
sub-section (3) o Section 6 o the Act. It is pertinent to note that sub-section(3) reers to another public authority and not to other public authorities.
Use o singular orm in the Act in this regard is important to note.
(iv) i a person makes an application to a public authority o Central Government
or some inormation which is the concern o a public authority under
any State Government or the Union Territory Administration, the Public
Inormation Ocer o the public authority receiving the application should
inorm the applicant that the inormation may be had rom the concerned
State Government/UT Administration. Application, in such a case, need not
be transerred to the State Government/UT Administration.
6. In brie, i the application is accompanied by the prescribed ee or the Below
Poverty Line Certicate, the Public Inormation Ocer should check whether the
subject matter o the application or a part thereo concerns some other public
authority. I the subject matter o the application concerns any other public
authority, it should be transerred to that public authority. I only a part o the
application concerns the other public authority, a copy o the application maybe sent to that public authority, clearly speciying the part which relates to that
Part IV - For Public Inormation Ocers
-
8/8/2019 Right to Information Act Guide
32/44
-
8/8/2019 Right to Information Act Guide
33/44
27
to enable him to access the inormation. He should also provide such assistance
to the person as may be appropriate or the inspection o records where such
inspection is involved.
Assistance Available to PIO
12. The Public Inormation Ocer may seek the assistance o any other ocer as he or
she considers necessary or the proper discharge o his or her duties. The ocer,
whose assistance is so sought by the Public Inormation Ocer, would render
all assistance to him. Such an ocer shall be deemed to be a Public Inormation
Ocer and would be liable or contravention o any provisions o the Act the
same way as any other Public Inormation Ocer. It would be advisable or the
Public Inormation Ocer to inorm the ocer whose assistance is sought, about
the above provision, at the time o seeking his assistance.
13. Some Public Inormation Ocers, on the basis o above reerred provision o the
Act, transer the RTI applications received by them to other ocers and direct
them to send inormation to the applicants as deemed Public Inormation Ocer.
Thus, they use the above reerred provision to designate other ocers as Public
Inormation Ocer. According to the Act, it is the responsibility o the ocer who
is designated as the Public Inormation Ocer by the public authority to provide
inormation to the applicant or reject the application or any reasons specied
in Sections 8 and 9 o the Act. The Act enables the Public Inormation Ocerto seek assistance o any other ocer to enable him to provide inormation
to the inormation seeker, but it does not give him authority to designate any
other ocer as Public Inormation Ocer and direct him to send reply to the
applicant. The import o the provision is that, i the ocer whose assistance is
sought by the Public Inormation Ocer, does not render necessary help to him,
the Inormation Commission may impose penalty on such ocer or recommend
disciplinary action against him the same way as the Commission may impose
penalty on or recommend disciplinary action against the Public InormationOcer.
Supply o Inormation
14. The answering Public Inormation Ocer should check whether the inormation
sought or a part thereo is exempt rom disclosure under Section 8 or Section 9
o the Act. Request in respect o the part o the application which is so exempt
may be rejected and rest o the inormation should be provided immediately or
ater receipt o additional ees, as the case may be.
Part IV - For Public Inormation Ocers
-
8/8/2019 Right to Information Act Guide
34/44
Guide on Right to Inormation Act, 200528
15. Where a request or inormation is rejected, the Public Inormation Ocer should
communicate to the person making the request:
(i) the reasons or such rejection;
(ii) the period within which an appeal against such rejection may be preerred; and
(iii) the particulars o the authority to whom an appeal can be made.
16. I additional ee is required to be paid by the applicant as provided in the Fee and
Cost Rules, the Public Inormation Ocer should inorm the applicant:
(i) the details o urther ees required to be paid;
(ii) the calculations made to arrive at the amount o ees asked or;
(iii) the act that the applicant has a right to make appeal about the amount o
ees so demanded;
(iv) the particulars o the authority to whom such an appeal can be made; and
(v) the time limit within which the appeal can be made.
Supply o Part Inormation by Severance
17. Where a request is received or access to inormation which is exempt rom
disclosure but a part o which is not exempt, and such part can be severed in
such a way that the severed part does not contain exempt inormation then,
access to that part o the inormation/record may be provided to the applicant.
Where access is granted to a part o the record in such a way, the Public
Inormation Ocer should inorm the applicant that the inormation asked or is
exempt rom disclosure and that only part o the record is being provided, ater
severance, which is not exempt rom disclosure. While doing so, he should give
the reasons or the decision, including any ndings on any material question o
act, reerring to the material on which those ndings were based. The Public
Inormation Ocer should take the approval o appropriate authority beore
supply o inormation in such a case and should inorm the name and designation
o the person giving the decision to the applicant also.
Time Period or Supply o Inormation
18. The Public Inormation Ocer should supply the inormation within thirty days
o the receipt o the request. Where the inormation sought or concerns the
lie or liberty o a person, the same should be provided within orty-eight hours
o the receipt o the request. I request or inormation is received through theAPIO, the inormation may be provided within 35 days o receipt o application
-
8/8/2019 Right to Information Act Guide
35/44
29
by the APIO in normal course and 48 hours plus 5 days in case the inormation
sought concerns the lie or liberty o a person.
19. In case o an application transerred rom one public authority to another public
authority, reply should be provided by the concerned public authority within 30 days
o the receipt o the application by that public authority in normal course and within48 hours in case the inormation sought concerns the lie or liberty o a person.
20. The Public Inormation Ocers o the intelligence and security organisations
specied in the Second Schedule o the Act may receive applications seeking
inormation pertaining to allegations o corruption and human rights violations.
Inormation in respect o allegations o violation o human rights, which is
provided only ater the approval o the Central Inormation Commission, should
be provided within orty-ve days rom the date o the receipt o request. Time
limit prescribed or supplying inormation in regard to allegations o corruptionis the same as in other cases.
21. Where the applicant is asked to pay additional ee, the period intervening
between the dispatch o the intimation about payment o ee and the payment
o ee by the applicant shall be excluded or the purpose o calculating the period
o reply. The ollowing table shows the maximum time which may be taken to
dispose o the applications in dierent situations:
S.
n. S
t dssg f
cs
1. Supply o inormation in normal course. 30 days
2. Supply o inormation i it concerns the lie
or liberty o a person.
48 hours
3. Supply o inormation i the application is
received through APIO.
05 days shall be added to the time
period indicated at Sr. No. 1 and 2.
4. Supply o inormation i application/request
is received ater transer rom anotherpublic authority:
(a) In normal course
(b) In case the inormation concerns
the lie or liberty o a person.
(a) Within 30 days o the receipt o
the application by the concernedpublic authority.
(b) Within 48 hours o receipt o the
application by the concerned
public authority.
5. Supply o inormation by organizations
specied in the Second Schedule:
(a) I inormation relates to allegations
o violation o human rights.
(b) In case inormation relates toallegations o corruption.
(a) 45 days rom the receipt o
application.
(b) Within 30 days o the receipt o
application.
Part IV - For Public Inormation Ocers
-
8/8/2019 Right to Information Act Guide
36/44
Guide on Right to Inormation Act, 200530
22. I the Public Inormation Ocer ails to give decision on the request or
inormation within the prescribed period, he shall be deemed to have reused
the request. It is pertinent to note that i a public authority ails to comply with
the specied time limit, the inormation to the concerned applicant would have
to be provided ree o charge.
Disclosure o Third Party Inormation
23. Inormation including commercial condence, trade secrets or intellectual
property, the disclosure o which would harm the competitive position o a third
party, is exempt rom disclosure. Such an inormation shall not be disclosed
unless the competent authority is satised that larger public interest warrantsthe disclosure o such inormation.
24. I an applicant seeks any inormation which relates to or has been supplied by
a third party and that third party has treated that inormation as condential,
the Public Inormation Ocer shall consider whether the inormation should be
disclosed or not. The guiding principle in such cases is that except in the case
o trade or commercial secrets protected by law, disclosure may be allowed i
the public interest in disclosure outweighs in importance any possible harm
or injury to the interests o such third party. However, the Public Inormation
Ocer would have to ollow the ollowing procedure beore disclosing such
inormation.
25. I the Public Inormation Ocer intends to disclose the inormation, he shall
within ve days rom the receipt o the application, give a written notice to the
third party that the inormation has been sought by the applicant under the
RTI Act and that he intends to disclose the inormation. He shall request the
third party to make a submission in writing or orally, regarding whether theinormation may be disclosed. The third party shall be given a time o ten days,
S.
n. S
t dssg f
cs
6. Supply o inormation i it relates to third
party and the third party has treated it as
condential.
Should be provided ater ollowing
the procedure given in para 23 to 28
o this part o the document.
7. Supply o inormation where the applicantis asked to pay additional ee.
The period intervening betweeninorming the applicant about
additional ee and the payment o ee
by the applicant shall be excluded or
calculating the period o reply.
-
8/8/2019 Right to Information Act Guide
37/44
-
8/8/2019 Right to Information Act Guide
38/44
Guide on Right to Inormation Act, 200532
to receive an application or inormation or has not urnished inormation
within the time specied or maladely denied the request or inormation or
knowingly given incorrect, incomplete or misleading inormation or destroyed
inormation which was the subject o the request or obstructed in any manner
in urnishing the inormation, it shall impose a penalty o two hundred and
ty rupees each day till application is received or inormation is urnishedsubject to the condition that the total amount o such penalty shall not exceed
twenty-ve thousand rupees. The Public Inormation Ocer shall, however, be
given a reasonable opportunity o being heard beore any penalty is imposed
on him. The burden o proving that he acted reasonably and diligently and in
case o denial o a request that such denial was justied shall be on the Public
Inormation Ocer.
Disciplinary Action Against PIO31. Where the Inormation Commission at the time o deciding any complaint
or appeal is o the opinion that the Public Inormation Ocer has without
any reasonable cause and persistently, ailed to receive an application or
inormation or has not urnished inormation within the time specied or
maladely denied the request or inormation or knowingly given incorrect,
incomplete or misleading inormation or destroyed inormation which
was the subject o the request or obstructed in any manner in urnishing
the inormation, it may recommend disciplinary action against the Public
Inormation Ocer.
Protection or Work Done in Good Faith
32. Section 21 o the Act provides that no suit, prosecution or other legal proceeding
shall lie against any person or anything which is in good aith done or intended
to be done under the Act or any rule made thereunder. A Public Inormation
Ocer should, however, note that it would be his responsibility to prove that hisaction was in good aith.
Annual Report o the CIC
33. The Central Inormation Commission prepares a report on the implementation
o the provisions o the RTI Act every year, which is laid beore each House o
the Parliament. This report, inter-alia, has to include inormation about the
number o requests made to each public authority, the number o decisions
where the applicants were not entitled to access to documents requested
-
8/8/2019 Right to Information Act Guide
39/44
33
or, the provisions o the Act under which these decisions were made and the
number o times such provisions were invoked, the amount o charges collected
by each public authority under the Act. Each Ministry/Department is required
to collect such inormation rom all the public authorities under its jurisdiction
and send the same to the Commission. The Public Inormation Ocers should
maintain the requisite inormation in this regard so that it may be supplied totheir administrative Ministry/Department soon ater the end o the year, which
in turn may supply to the Commission.
Part IV - For Public Inormation Ocers
-
8/8/2019 Right to Information Act Guide
40/44
-
8/8/2019 Right to Information Act Guide
41/44
PaRt Vfr fr appll ar
It is the responsibility o the Public Inormation Ocer o a public authority to supplycorrect and complete inormation within the specied time to any person seekinginormation under the RTI Act, 2005. There are possibilities that a Public Inormation
Ocer may not act as per provisions o the Act or an applicant may not otherwise
be satised with the decision o the Public Inormation Ocer. The Act contains
provision o two appeals to tide over such situations. The rst appeal lies within the
public authority itsel which is made to an ocer designated as the First AppellateAuthority by the concerned public authority. The First Appellate Authority happens
to be an ocer senior in rank to the Public Inormation Ocer. The second appeal
lies with the Inormation Commission. The Central Inormation Commission (Appeal
Procedure) Rules, 2005 govern the procedure or deciding appeals by the Central
Inormation Commission.
First Appeal
2. The inormation sought by an applicant should either be supplied to him or his
application should be rejected within the time prescribed by the Act. I additional
ee need be charged rom the applicant, communication in this regard should
be sent to him within the time limit prescribed or sending inormation. I the
applicant does not receive inormation or decision about rejection o request or
communication about payment o additional ee within the specied time, he
can make an appeal to the First Appellate Authority. Appeal can also be made
i the applicant is aggrieved by the decision o the Public Inormation Ocer
-
8/8/2019 Right to Information Act Guide
42/44
Guide on Right to Inormation Act, 200536
regarding supply o inormation or the quantum o ee decided by the Public
Inormation Ocer.
3. A third party can preer an appeal to the First Appellate Authority i it is not satised
with the decision made by the Public Inormation Ocer about disclosure o the
inormation or which it has objected. Such an appeal can be made within thirtydays rom the date o the receipt o notice rom the Public Inormation Ocer to
the eect that he proposes to disclose the concerned inormation. I not satised
with the decision o the First Appellate Authority, the third party can preer the
second appeal to the Inormation Commission.
Disposal o Appeal
4. Deciding appeals under the RTI Act is a quasi-judicial unction. It is, thereore,
necessary that the appellate authority should see to it that the justice is not onlydone but it should also appear to have been done. In order to do so, the order
passed by the appellate authority should be a speaking order giving justication
or the decision arrived at.
5. I an appellate authority while deciding an appeal comes to a conclusion that the
appellant should be supplied inormation in addition to what has been supplied
by the Public Inormation Ocer, he may either (i) pass an order directing the
Public Inormation Ocer to give such inormation to the appellant; or (ii) hehimsel may give inormation to the appellant. In the rst case the appellate
authority should ensure that the inormation ordered by him to be supplied
is supplied to the appellant immediately. It would, however, be better i the
appellate authority chooses the second course o action and he himsel urnishes
the inormation alongwith the order passed by him in the matter.
6. I, in any case, the Public Inormation Ocer does not implement the order
passed by the appellate authority and the appellate authority eels that
intervention o higher authority is required to get his order implemented,he should bring the matter to the notice o the ocer in the public authority
competent to take action against the Public Inormation Ocer. Such
competent ocer shall take necessary action so as to ensure implementation
o the provisions o the RTI Act.
-
8/8/2019 Right to Information Act Guide
43/44
37
Time Limit or Disposal o Appeal
7. The rst appellate authority should dispose o the appeal within 30 days o
receipt o the appeal. In exceptional cases, the Appellate Authority may take 45
days or its disposal. However, in cases where disposal o appeal takes more than
30 days, the Appellate Authority should record in writing the reasons or suchdelay.
Part V - For First Appellate Authorities
-
8/8/2019 Right to Information Act Guide
44/44