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


2/44


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


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


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


6/44


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


8/44

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.


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


10/44


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


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.



12/44


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


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.



14/44


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.



16/44


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


18/44


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.


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


20/44


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


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



22/44


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.


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.



24/44


25/44


26/44


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.


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


28/44


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.


29/44


30/44


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


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


32/44


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.



34/44


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


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.



36/44


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.


37/44


38/44


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


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.



40/44


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


42/44


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.


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


44/44

right to information act guide

Documents