RTI

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Guide on
Right to Information Act, 2005
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

Contents
Foreword v
Part I For All Stake Holders 1
Object of the Right to Information Act 2
What is Information 2
What is a Public Authority 2
Public Information Officer 2
Assistant Public Information Officer 3
Right to Information under the Act 3
Right to Information Vis-à-Vis other Acts 4
Supply of Information to Associations etc 4
Fee for Seeking Information 5
Format of Application 6
Information Exempted from Disclosure 6
Record Retention Schedule and the Act 6
Assistance Available to the Applicant 7
Time Period for Supply of Information 7
Appeals 7
Complaints 8
Disposal of Appeals and Complaints by the CIC 8
Third Party Information 8
Disclosure of Third Party Information 8
Part II For Public Authorities 11
Maintenance and Computerisation of Records 11
Suo Motu Disclosure 11
Dissemination of Information 13
Publication of Facts about Policies and Decisions 13
Providing Reasons for Decisions 13
Designation of PIOs and APIOs etc. 13
Designation of Appellate Authority 14
Acceptance of Fee 14
Compliance of the Orders of the Information Commission 14
Development of Programmes etc 15
Creation of Central Point 15
Transfer of Applications 16
Annual Report of the CIC 16
Part-III For Information Seekers 19
Method of Seeking Information 19
Application to the Concerned Public Authority 19
Fee for Seeking Information 20
Format of Application 20
Filing of Appeal 20
Filing of Complaints 21
Part IV For Public Information Officers 23
Applications Received Without Fee 23
Transfer of Application 23
Rendering Assistance to Applicants 26
Assistance Available to PIO 27
Supply of Information 27
Supply of Part Information by Severance 28
Time Period for Supply of Information 28
Disclosure of Third Party Information 30
Suo Motu Disclosure 31
Imposition of Penalty 31
Disciplinary Action Against PIO 32
Protection for Work Done in Good Faith 32
Annual Report of the CIC 32
Part V For First Appellate Authorities 35
First Appeal 35
Disposal of Appeal 36
Time limit for disposal of appeal 37
The commencement of the RTI regime four years back marked the dawn of a new
era. Different stakeholders have played an important role in carrying forward the
regime and have helped the government in inculcating a culture of transparency
and accountability in the working of public authorities. It has been observed
that information seekers face problem in making use of the Act and the officers
of the public authorities face problems in implementing the provisions of the Act
in right earnest. Guidelines were, therefore, issued for Information Seekers, Public
Authorities, 1st Appellate Authorities and the Central Public Information Officers
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 information seekers in getting information; public information officers in
dealing with RTI applications; first appellate authorities in taking cogent decisions
on appeals and public authorities in implementing various provisions of the Act
effectively. I hope this Guide will help all stakeholders in furthering the objectives
of the RTI Act, 2005.
(Shantanu Consul)
Secretary
New Delhi Department of Personnel & Training,
October, 2009 Ministry of Personnel, Public Grievances and Pensions
FOREWORD

The right to information is implicitly guaranteed by the Constitution. However,
with a view to set out a practical regime for securing information, the Indian
Parliament enacted the Right to Information Act, 2005 and thus gave a powerful tool
to the citizens to get information from the Government as a matter of right. This
law is very comprehensive and covers almost all matters of governance and has the
widest possible reach, being applicable to Government at all levels- Union, State and
Local as well as recipients of government grants.
2. The Act requires the Government to compile a guide in easily comprehensible
form and to update it from time to time. The Government has already published
four guides in the past, one each for the information seekers, the public authorities,
the Central Public Information Officers and the Appellate Authorities. Here is an
updated consolidated guide for the use of all stake-holders. This guide contains
five parts. Part I of the guide discusses some aspects of the Act which all the
stake-holder are required to know. Rest of the four parts are specifically relevant
to the public authorities, the information seekers, the public information officers
and the first appellate authorities respectively.
3. Contents of this guide are specifically relevant in relation to the Central
Government but are equally applicable to the State Governments except in
relation to rules about payment of fee or deciding of appeals by the Information
Commissions. It may be noted that this guide uses the term Public Information
Officer in place of Central Public Information Officer/State Public Information
Officer. Likewise Assistant Public Information Officer has been used for Central
Assistant Public Information Officer/State Assistant Public Information Officer
Part I
For All Stake Holders
Guide on Right to Information Act, 2005
and Information Commission for Central Information Commission/State
Information Commission except where it was considered necessary to make
specific reference to the Central Public Information Officer/Central Information
Commission etc. The Departmental Appellate Authority has been referred to as
First Appellate Authority inasmuch as the first appeal lies with him.
Object of the Right to Information Act
4. The basic object of the Right to Information Act is to empower the citizens,
promote transparency and accountability in the working of the Government,
contain corruption, and make our democracy work for the people in real sense.
It goes without saying that an informed citizen is better equipped to keep
necessary vigil on the instruments of governance and make the government
more accountable to the governed. The Act is a big step towards making the
citizens informed about the activities of the Government.
What is Information
5. Information is any material in any form. 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 form. It
also includes information relating to any private body which can be accessed by
the public authority under any law for the time being in force.
What is a Public Authority
6. A “public authority” is any authority or body or institution of self government
established or constituted by or under the Constitution; or by any other law made
by the Parliament or a State Legislature; or by notification issued or order made
by the Central Government or a State Government. The bodies owned, controlled
or substantially financed by the Central Government or a State Government and
non-Government organisations substantially financed by the Central Government
or a State Government also fall within the definition of public authority. The
financing of the body or the NGO by the Government may be direct or indirect.
Public Information Officer
7. Public authorities have designated some of its officers as Public Information
Officer. They are responsible to give information to a person who seeks
information under the RTI Act.
Assistant Public Information Officer
8. These are the officers at sub-divisional level to whom a person can give his
RTI application or appeal. These officers send the application or appeal to the
Public Information Officer of the public authority or the concerned appellate
authority. An Assistant Public Information Officer is not responsible to supply
the information.
9. The Assistant Public Information Officers appointed by the Department of Posts
in various post offices are working as Assistant Public Information Officers for all
the public authorities under the Government of India.
Right to Information under the Act
10. A citizen has a right to seek such information from a public authority which is
held by the public authority or which is held under its control. This right includes
inspection of work, documents and records; taking notes, extracts or certified
copies of documents or records; and taking certified samples of material held
by the public authority or held under the control of the public authority. It is
important to note that only such information can be supplied under the Act
which already exists and is held by the public authority or held under the control
of the public authority. The Public Information Officer is not supposed to create
information; or to interpret information; or to solve the problems raised by the
applicants; or to furnish replies to hypothetical questions.
11. The Act gives the citizens a right to information at par with the Members of
Parliament and the Members of State Legislatures. According to the Act, the
information 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 information from a public authority in the form
of diskettes, floppies, tapes, video cassettes or in any other electronic mode or
through print-outs provided such information is already stored in a computer or
in any other device from which the information may be e-mailed or transferred
to diskettes etc.
13. The information to the applicant should ordinarily be provided in the form in
which it is sought. However, if the supply of information sought in a particular
form would disproportionately divert the resources of the public authority or may
cause harm to the safety or preservation of the records, supply of information in
that form may be denied.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005
14. In some cases, the applicants expect the Public Information Officer to give
information in some particular proforma devised by them on the plea that they
have a right to get information in the form in which it is sought. It need be noted
that the provision in the Act simply means that if the information is sought in the
form of photocopy, it shall be provided in the form of photocopy, or if it is sought
in the form of a floppy, it shall be provided in that form subject to the conditions
given in the Act. It does not mean that the PIO shall re-shape the information.
This is substantiated by the definition of the term ‘right to information’ as given
in the Act, according to which, it includes right to obtaining information in the
form of diskettes, floppies, tapes, video cassettes or in any other electronic mode
or through print-outs provided such information is already stored in a computer
or in any other device. Everywhere in the Act, the word ‘form’ has been used to
represent this meaning.
15. Some Information Seekers request the Public Information Officers to cull out
information from some document(s) and give such extracted information
to them. A citizen has a right to get ‘material’ from a public authority which is
held by or under the control of that public authority. The Act, however, does
not require the Public Information Officer to deduce some conclusion from the
‘material’ and supply the ‘conclusion’ so deduced to the applicant. It means that
the Public Information Officer is required to supply the ‘material’ in the form as
held by the public authority, but not to do research on behalf of the citizen to
deduce anything from the material and then supply it to him.
Right to Information Vis-à-Vis other Acts
16. The RTI Act has over-riding effect vis-à-vis other laws inasmuch as the provisions
of the RTI Act would have effect notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and any other law for the time being
in force or in any instrument having effect by virtue of any law other than the RTI
Act.
Supply of Information to Associations etc
17. The Act gives the right to information only to the citizens of India. It does not
make provision for giving information to Corporations, Associations, Companies
etc. which are legal entities/persons, but not citizens. However, if an application
is made by an employee or office-bearer of any Corporation, Association,
Company, NGO etc. indicating his name and such employee/office bearer
is a citizen of India, information may be supplied to him/her. In such cases, it
would be presumed that a citizen has sought information at the address of the
Corporation etc.
Fee for Seeking Information
18. A person who desires to seek some information from a public authority is required
to send, along with the application, a demand draft or a banker’s cheque or an
Indian Postal Order of Rs. 10/- (Rupees ten), payable to the Accounts Officer of
the public authority as fee prescribed for seeking information. The payment
of fee can also be made by way of cash to the Accounts Officer of the public
authority or to the Assistant Public Information Officer against proper receipt.
19. The applicant may also be required to pay further fee towards the cost of
providing the information, details of which shall be intimated to the applicant
by the PIO as prescribed by the Right to Information (Regulation of Fee and Cost)
Rules, 2005. Rates of fee as prescribed in the Rules are given below:
(a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or
copied;
(b) actual charge or cost price of a copy in larger size paper;
(c) actual cost or price for samples or models;
(d) for information provided in diskette or floppy, rupees fifty (Rs. 50/-) per
diskette or floppy; and
(e) for information provided in printed form, at the price fixed for such
publication or rupees two per page of photocopy for extracts from the
publication.
20. As already pointed out, a citizen has a right to inspect the records of a public
authority. For inspection of records, the public authority shall charge no fee
for the first hour. But a fee of rupees five (Rs. 5/-) for each subsequent hour (or
fraction thereof) shall be charged.
21. If the applicant belongs to below poverty line (BPL) category, he is not required
to pay any fee. However, he should submit a proof in support of his claim to
belong to the below poverty line. The application not accompanied by the
prescribed fee of Rs. 10/- or proof of the applicant’s 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 information
in response to such applications. However, provisions of Act would not apply to
such cases.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005
Format of Application
22. There is no prescribed format of application for seeking information. The
application can be made on plain paper. The application should, however, have
the name and complete postal address of the applicant. Even in cases where the
information is sought electronically, the application should contain name and
postal address of the applicant.
23. The information seeker is not required to give reasons for seeking information.
Information Exempted from Disclosure
24. Sub-section (1) of section 8 and section 9 of the Act enumerate the types
of information which is exempt from disclosure. Sub-section (2) of section
8, however, provides that information exempted under sub-section (1) or
exempted under the Official Secrets Act, 1923 can be disclosed if public interest
in disclosure overweighs the harm to the protected interest.
25. The information which, in normal course, is exempt from disclosure under
sub-section(1) of Section 8 of the Act, would cease to be exempted if 20 years
have lapsed after occurrence of the incident to which the information relates.
However, the following types of information would continue to be exempt
and there would be no obligation, even after lapse of 20 years, to give any
citizen:
(i) information disclosure of which would prejudicially affect the sovereignty
and integrity of India, the security, strategic, scientific or economic interest
of the State, relation with foreign state or lead to incitement of an offence;
(ii) information the disclosure of which would cause a breach of privilege of
Parliament or State Legislature; or
(iii) cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other Officers subject to the conditions given in proviso to
clause (i) of sub-section(1) of Section 8 of the Act.
Record Retention Schedule and the Act
26. The Act does not require the public authorities to retain records for indefinite
period. The records need be retained as per the record retention schedule
applicable to the concerned public authority. Information generated in a file
may survive in the form of an OM or a letter or in any other form even after
destruction of the file/record. Section 8(3) of the Act requires furnishing of
information so available after the lapse of 20 years even if such information was
exempt from disclosure under sub-section(1) of Section 8.
Assistance Available to the Applicant
27. If a person is unable to make a request in writing, he may seek the help of the
Public Information Officer to write his application and the Public Information
Officer should render him reasonable assistance. Where a decision is taken to give
access to a sensorily disabled person to any document, the Public Information
Officer, shall provide such assistance to the person as may be appropriate for
inspection.
Time Period for Supply of Information
28. In normal course, information to an applicant shall be supplied within 30 days
from the receipt of application by the public authority. If information sought
concerns the life or liberty of a person, it shall be supplied within 48 hours. In
case the application is sent through the Assistant Public Information Officer or
it is sent to a wrong public authority, five days shall be added to the period of
thirty days or 48 hours, as the case may be. Further details in this regard are
given in the chapter, ‘For the Public Information Officers.’
Appeals
29. If an applicant is not supplied information within the prescribed time of thirty
days or 48 hours, as the case may be, or is not satisfied with the information
furnished to him, he may prefer an appeal to the first appellate authority who is
an officer senior in rank to the Public Information Officer. Such an appeal, should
be filed within a period of thirty days from the date on which the limit of 30 days
of supply of information is expired or from the date on which the information or
decision of the Public Information Officer is received. The appellate authority of
the public authority shall dispose of the appeal within a period of thirty days or
in exceptional cases within 45 days of the receipt of the appeal.
30. If the first appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order of the first
appellate authority, he may prefer a second appeal with the Central Information
Commission within ninety days from the date on which the decision should
have been made by the first appellate authority or was actually received by the
appellant.
Part I - For All Stake Holders
Guide on Right to Information Act, 2005
Complaints
31. If any person is unable to submit a request to a Public Information Officer either
by reason that such an officer has not been appointed by the concerned public
authority; or the Assistant Public Information Officer has refused to accept his
or her application or appeal for forwarding the same to the Public Information
Officer or the appellate authority, as the case may be; or he has been refused
access to any information requested by him under the RTI Act; or he has not
been given a response to a request for information within the time limit specified
in the Act; or he has been required to pay an amount of fee which he considers
unreasonable; or he believes that he has been given incomplete, misleading or
false information, he can make a complaint to the Information Commission.
Disposal of Appeals and Complaints by the CIC
32. The Central Information Commission decides the appeals and complaints and
conveys its decision to the appellant/complainant and first appellate authority/
Public Information Officer. The Commission may decide an appeal/complaint
after hearing the parties to the appeal/complaint or by inspection of documents
produced by the appellant/complainant and Public Information Officer or
such senior officer of the public authority who decided the first appeal. If the
Commission chooses to hear the parties before deciding the appeal or the
complaint, the Commission will inform the date of hearing to the appellant
or the complainant at least seven clear days before the date of hearing. The
appellant/complainant has the discretion to be present in person or through his
authorized representative at the time of hearing or not to be present.
Third Party Information
33. Third party in relation to the Act means a person other than the citizen who
has made request for information. The definition of third party includes a public
authority other than the public authority to whom the request has been made.
Disclosure of Third Party Information
34. Information including commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the competitive position of a
third party, is exempt from disclosure. Such information should not be disclosed
unless the competent authority is satisfied that larger public interest warrants
the disclosure of such information.
35. In regard to a third party information which the third party has treated as
confidential, the Public Information Officer should follow the procedure as given
in the chapter ‘For public information off icers’. The third party should
be given full opportunity to put his case for non-disclosure if he desires that the
information should not be disclosed.
Part I - For All Stake Holders

Public authorities are the repository of information which the citizens have a
right to have under the Right to Information Act, 2005. The Act casts important
obligations on public authorities so as to facilitate the citizens of the country to
access the information held under their control. The obligations of a public authority
are basically the obligations of the head of the authority, who should ensure that
these are met in right earnest. Reference made to public authority in this document
is, in fact, a reference to the head of the public authority.
Maintenance and Computerisation of Records
2. Proper management of records is of utmost importance for effective
implementation of the provisions of the Act. A public authority should, therefore,
maintain all its records properly. It should ensure that the records are duly
catalogued and indexed in such a manner and form that it may facilitate the
right to information.
Suo Motu Disclosure
3. Every public authority should provide as much information suo motu to the
public through various means of communications so that the public have
minimum need to use the Act to obtain information. Internet being one of the
most effective means of communications, the information may be posted on the
website.
Part II
For Public Authorities
12 Guide on Right to Information Act, 2005
4. Section 4(1)(b) of the Act, in particular, requires every public authority to publish
following sixteen categories of information:
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels
of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its
control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its
control;
(vii) the particulars of any arrangement that exists for consultation with, or
representation by, the members of the public in relation to the formulation
of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting
of two or more persons constituted as its part or for the purpose of its
advice, and as to whether meetings of those boards, councils, committees
and other bodies are open to the public, or the minutes of such meetings
are accessible for public;
(ix) directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts
allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an
electronic form;
(xv) the particulars of facilities available to citizens for obtaining information,
including the working hours of a library or reading room, if maintained for
public use;
(xvi) the names, designations and other particulars of the Public Information
Officers.
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5. Besides the categories of information enumerated above, the Government
may prescribe other categories of information to be published by any public
authority. It need be stressed that publication of the information as referred 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 sufficient to publish the above
information once. The public authority is obliged to update such information
every year. It is advisable that, as far as possible, the information should be
updated as and when any development takes place. Particularly, in case of
publication on the internet, the information should be kept updated all the
time.
Dissemination of Information
7. The public authority should widely disseminate the information. Dissemination
should be done in such form 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 effectiveness, local language and most effective method
of communication in the local area while disseminating the information.
Publication of Facts about Policies and Decisions
8. Public authorities formulate policies and take various decisions from time
to time. As provided in the Act, while formulating important policies or
announcing the decisions affecting the public, the public authority should
publish all relevant facts about such policies and decisions for the information
of public at large.
Providing Reasons for Decisions
9. The public authorities take various administrative and quasi-judicial decisions
which affect the interests of certain persons. It is mandatory for the concerned
public authority to provide reasons for such decisions to the affected persons. It
may be done by using appropriate mode of communication.
Designation of PIOs and APIOs etc.
10. Every public authority is required to designate Public Information Officers in all
the administrative units or offices under it. Every public authority is also required
Part II - For Public Authorities
14 Guide on Right to Information Act, 2005
to designate Assistant Public Information Officers at each sub-divisional level.
The Government of India has decided that Central Assistant Public Information
Officers (CAPIOs) appointed by the Department of Posts would act as CAPIOs for
all the public authorities under the Government of India.
Designation of Appellate Authority
11. Sub-section (8) of Section 7 of the RTI Act provides that where a request
for information is rejected, the Public Information Officer shall, inter-alia,
communicate the particulars of the Appellate Authority to the person making
the request. Thus, the applicant is informed about the particulars of the
Appellate Authority when a request for information is rejected but there may
be cases where the Public Information Officer does not reject the application,
but the applicant does not receive a decision within the time as specified in the
Act or he is aggrieved by the decision of the Public Information Officer. In such
a case the applicant may like to exercise his right to appeal. But in absence of
the particulars of the appellate authority, the applicant may face difficulty in
making an appeal. All the public authorities should, therefore, designate the First
Appellate Authorities and publish their particulars alongwith the particulars of
the Public Information Officers.
Acceptance of Fee
12. According to the Right to Information (Regulation of Fee and Cost) Rules, 2005
as amended by the Right to Information (Regulation of Fee and Cost) Rules,
2006, an applicant can make payment of fee in cash or by demand draft or
banker’s cheque or Indian Postal Order payable to the Accounts Officer of the
public authority. The public authority should ensure that payment by any of the
above modes is not denied or the applicant is not compelled to draw IPO etc. in
the name of any officer other than the Accounts Officer. If any public authority
does not have any Accounts Officer, it should designate an officer as such for the
purpose of receiving fee under the RTI Act or rules made thereunder.
Compliance of the Orders of the Information Commission
13. While deciding an appeal, the Information Commission, may require the
concerned public authority to take such steps as may be necessary to secure
compliance with the provisions of the Act. In this regard the Commission
may pass an order to provide information to an applicant in a particular form;
appoint a Public Information Officer; publish certain information or categories
15
of information; make necessary changes to its practices in relation to the
maintenance, management and destruction of records; enhance the provision
of training for its officials; provide an annual report as prepared in compliance
with clause (b) of subsection (1) of section 4 of the Act.
14. The Commission has power to pass orders requiring a public authority to
compensate the complainant for any loss or other detriment suffered by him. It
also has power to impose penalty on the Public Information Officer as provided
in the Act. It may be noted that penalty is imposed on the Public Information
Officer 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 of the Commission are binding. The public authority should
ensure that the orders passed by the Commission are implemented. If any
public authority or a PIO is of the view that an order of the Commission is not in
consonance with the provisions of the Act, it may approach the High Court by
way of a Writ Petition.
Development of Programmes etc
16. It is expected of each public authority that it would develop and organise
educational programmes to advance the understanding of the public, in
particular of disadvantaged communities, as to how to exercise the rights
contemplated under the Act; and ensure timely and effective dissemination of
accurate information about their activities. Training of the Public Information
Officers and other officers of a public authority is very important for meeting
these expectations and effective implementation of the provisions of the Act.
The public authorities should, therefore, arrange for training of their officers
designated as Public Information Officer/First Appellate Authority and other
officers who are directly or indirectly involved in the implementation of the
provisions of the Act.
Creation of Central Point
17. Sub-section (1) of Section 5 of the Right to Information Act, 2005 mandates all
public authorities to designate as many Public Information Officers as necessary
to provide information under the Act. Where a public authority designates more
than one Public Information Officer (PIO), an applicant is likely to face difficulty
in approaching the appropriate Public Information Officer. The applicants would
also face problem in identifying the officer senior in rank to the Public Information
Part II - For Public Authorities
16 Guide on Right to Information Act, 2005
Officer to whom an appeal under sub-section (1) of Section 19 of the Act can
be made. Therefore 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 officer
should be made responsible to ensure that all the RTI applications/appeals
received at the central point are sent to the concerned Public Information
Officers/Appellate Authorities, on the same day.
Transfer of Applications
18. The Act provides that if an application is made to a public authority requesting
for an information, which is held by another public authority; or the subject
matter of which is more closely connected with the functions of another public
authority, the public authority, to which such application is made, shall transfer
the application or relevant part of it to that other public authority within five
days from the receipt of the application. The public authority should sensitize its
officers about this provision of the Act lest the public authority is held responsible
for delay.
Annual Report of the CIC
19. The Information Commissions, after the end of each year, are required to prepare
reports on the implementation of the provisions of the Act during that year. Each
Ministry or Department is required, in relation to the public authorities within
its jurisdiction, to collect and provide information to the concerned Information
Commission for preparation of the report. The report of the Commission, inter-alia,
contains following information in respect of the year to which the report relates:
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to access to the
documents pursuant to the requests, the provisions of the Act under which
these decisions were made and the number of times such provisions were
invoked;
(c) particulars of any disciplinary action taken against any officer in respect of
the administration of the Act;
(d) the amount of charges collected by each public authority under the Act;
and
(e) any facts which indicate an effort by the public authorities to administer and
implement the spirit and intention of the Act.
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20. Every public authority should send necessary material to its administrative
Ministry/Department soon after the end of the year so that the Ministry/
Department may send the information to the Commission and the Commission
may incorporate the same in its report.
21. If it appears to the Information Commission that a practice of a public authority
in relation to the exercise of its functions under the Act does not conform with
the provisions or spirit of the Act, it may give a recommendation to the authority
specifying the steps ought to be taken for promoting such conformity. The
concerned public authority should take necessary action to bring its practice in
conformity with the Act.
Part II - For Public Authorities

Method of Seeking Information
A citizen who desires to obtain any information under the Act, should make
an application to the Public Information Officer of the concerned public
authority in writing in English or Hindi or in the official language of the area in
which the application is made. The application should be precise and specific. He
should make payment of application fee at the time of submitting the application
as prescribed in the Fee Rules. The applicant can send the application by post or
through electronic means or can deliver it personally in the office of the public
authority. The application can also be sent through an Assistant Public Information
Officer.
Application to the Concerned Public Authority
2. The applicant should make application to the concerned public authority. It is
advised that he should make all efforts to ascertain as to which is the public
authority concerned with the information and should send application to the
Public Information Officer of that public authority.
3. It is observed that some applicants seek information in respect of many
subjects by way of one application. It creates problem for the Public
Information Officer as well as the applicant. The applicant should, therefore,
see to it that by way of one application, he seeks information in respect of one
subject only.
Part III
For Information Seekers
20 Guide on Right to Information Act, 2005
Fee for Seeking Information
4. The applicant, along with the application, should send application fee to the
Public Information Officer. In case of Government of India prescribed application
fee is Rs. 10/- which can be paid through a demand draft or a banker’s cheque or
an Indian Postal Order payable to the Accounts Officer of the public authority.
The payment of fee can also be made by way of cash to the Accounts Officer of
the public authority or to the Assistant Public Information Officer against proper
receipt.
5. The applicant may also be required to pay further fee towards the cost of
providing the information, details of which shall be intimated to the applicant
by the Public Information Officer. The fee so demanded can be paid the same
way as application fee.
6. If the applicant belongs to below poverty line (BPL) category, he is not
required to pay any fee. However, he should submit a proof in support of his
claim to belong to the below poverty line. The application not accompanied
by the prescribed application fee or proof of the applicant’s belonging to
below poverty line, as the case may be, shall not be a valid application under
the Act.
Format of Application
7. There is no prescribed format of application for seeking information. The
application can be made on plain paper. The application should, however, have
the name and complete postal address of the applicant. Even in cases where the
information is sought electronically, the application should contain name and
postal address of the applicant.
Filing of Appeal
8. An applicant can file an appeal to the first appellate authority if information is
not supplied to him within the prescribed time of thirty days or 48 hours, as the
case may be, or is not satisfied with the information furnished to him. Such an
appeal, should be filed within a period of thirty days from the date on which the
limit of 30 days of supply of information is expired or from the date on which
the information or decision of the Public Information Officer is received. The
appellate authority of the public authority shall dispose of the appeal within a
period of thirty days or in exceptional cases within 45 days of the receipt of the
appeal.
21
9. If the appellate authority fails to pass an order on the appeal within the prescribed
period or if the appellant is not satisfied with the order of the first appellate
authority, he may prefer a second appeal with the Information Commission
within ninety days from the date on which the decision should have been made
by the first appellate authority or was actually received by the appellant.
10. The appeal made to the Central Information Commission should contain the
following information:
(i) name and address of the appellant;
(ii) name and address of the Public Information Officer against the decision of
whom the appeal is preferred;
(iii) particulars of the order including number, if any, against which the appeal is
preferred;
(iv) brief facts leading to the appeal;
(v) if the appeal is preferred against deemed refusal, particulars of the
application, including number and date and name and address of the Public
Information Officer to whom the application was made;
(vi) prayer or relief sought;
(v) grounds for prayer or relief;
(vi) verification by the appellant; and
(vii) any other information, which the Commission may deem necessary for
deciding the appeal.
11. The appeal made to the Central Information Commission should be accompanied
by the following documents:
(i) self-attested copies of the orders or documents against which appeal is
made;
(ii) copies of the documents relied upon by the appellant and referred to in the
appeal; and
(iii) an index of the documents referred to in the appeal.
Filing of Complaints
12. A person can make a complaint to the Information Commission if he is unable
to submit a request to a Public Information Officer either by reason that such
an officer has not been appointed by the concerned public authority; or the
Assistant Public Information Officer has refused to accept his or her application
Part III - For Information Seekers
22 Guide on Right to Information Act, 2005
or appeal for forwarding the same to the Public Information Officer or the
appellate authority, as the case may be; or he has been refused access to any
information requested by him under the RTI Act; or he has not been given a
response to a request for information within the time limit specified in the
Act; or he has been required to pay an amount of fee which he considers
unreasonable; or he believes that he has been given incomplete, misleading or
false information.
The Public Information Officer of a public authority plays a pivotal role in making
the right of citizens to information a reality. The Act casts specific duties on him
and makes him liable for penalty in case of default. It is, therefore, essential for a Public
Information Officer to study the Act carefully and understand its provisions correctly.
Besides the issues discussed elsewhere in this document, a Public Information Officer
should keep the following aspects in view while dealing with the applications under
the Act.
Applications Received Without Fee
2. Soon after receiving the application, the Public Information Officer should check
whether the applicant has made the payment of application fee or whether the
applicant is a person belonging to a Below Poverty Line (BPL) family. If application
is not accompanied by the prescribed fee or the BPL Certificate, it cannot be
treated as an application under the RTI Act. It may, however, be noted that Public
Information Officer should consider such application sympathetically and try to
supply information sought by way of such an application.
Transfer of Application
3. Some times requests are made to a public authority for information which
do not concern that public authority or only a part of which is available with
the public authority to which the application is made and remaining or whole
of the information concerns another public authority or many other public
authorities.
Part IV
For Public Information Officers
24 Guide on Right to Information Act, 2005
4. Section 6(1) of the RTI Act, 2005 provides that a person who desires to obtain
any information shall make a request to the public information officer of the
concerned public authority. Section 6(3) provides that where an application
is made to a public authority requesting for any information which is held
by another public authority or the subject matter of which is more closely
connected with the functions of another public authority, the public authority
to which such an application is made, shall transfer the application to that other
public authority. The provisions of sub-section (1) and sub-section(3) of Section
6, suggest that the Act requires an information seeker to address the application
to the Public Information Officer of the ‘concerned public authority’. However,
there may be cases in which a person of ordinary prudence may believe that
the information 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 bonafide mistake of
addressing the application to the Public Information Officer of a wrong public
authority. On the other hand where an applicant addresses the application
to the Public Information Officer of a public authority, which to a person of
ordinary prudence, would not appear to be the concern of that public authority,
the applicant does not fulfill his responsibility of 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 for some information
which concerns some another public authority. In such a case, the Public
Information Officer receiving the application should transfer the application
to the concerned public authority under intimation to the applicant. However,
if the Public Information Officer of the public authority is not able to find out
as to which public authority is concerned with the information even after
making reasonable efforts to find out the concerned public authority, he
should inform the applicant that the information is not available with his
public authority and that he is not aware of the particulars of the concerned
public authority to which the application could be transferred. It would,
however, be the responsibility of the PIO, if an appeal is made against
his decision, to establish that he made reasonable efforts to find out the
particulars of the concerned public authority.
(ii) a person makes an application to a public authority for information, only
a part of which is available with that public authority and a part of the
information concerns some ‘another public authority.’ In such a case, the
25
Public Information Officer should supply the information concerning his
public authority and a copy of 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 for information, a part of
which is available with that public authority and the rest of the information
is scattered with more than one other public authorities. In such a case, the
Public Information Officer of the public authority receiving the application
should give information relating to it and advise the applicant to make
separate applications to the concerned public authorities for obtaining
information from them. If no part of the information sought, is available
with it but is scattered with more than one other public authorities, the
Public Information Officer should inform the applicant that information is
not available with the public authority and that the applicant should make
separate applications to the concerned public authorities for obtaining
information from them. It may be noted that the Act requires the supply
of such information only which already exists and is held by the public
authority or held under the control of the public authority. It is beyond
the scope of the Act for a public authority to collect the information from
various public authorities to supply it to the applicant. At the same time,
since the information is not related to any one another particular public
authority, it is not the case where application should be transferred under
sub-section (3) of Section 6 of the Act. It is pertinent to note that sub-section
(3) refers to ‘another public authority’ and not to ‘other public authorities’.
Use of singular form in the Act in this regard is important to note.
(iv) if a person makes an application to a public authority of Central Government
for some information which is the concern of a public authority under
any State Government or the Union Territory Administration, the Public
Information Officer of the public authority receiving the application should
inform the applicant that the information may be had from the concerned
State Government/UT Administration. Application, in such a case, need not
be transferred to the State Government/UT Administration.
6. In brief, if the application is accompanied by the prescribed fee or the Below
Poverty Line Certificate, the Public Information Officer should check whether the
subject matter of the application or a part thereof concerns some other public
authority. If the subject matter of the application concerns any other public
authority, it should be transferred to that public authority. If only a part of the
application concerns the other public authority, a copy of the application may
be sent to that public authority, clearly specifying the part which relates to that
Part IV - For Public Information Officers
26 Guide on Right to Information Act, 2005
public authority. While transferring the application or sending a copy thereof,
the concerned public authority should be informed that the application fee has
been received. The applicant should also be informed about the transfer of his
application and the particulars of the public authority to whom the application
or a copy thereof has been sent.
7. Transfer of application or part thereof, as the case may be, should be made as
soon as possible and in any case within five days from the date of receipt of the
application. If a Public Information Officer transfers an application after five days
from the receipt of the application, he would be responsible for delay in disposal
of the application to the extent of number of days which he takes in transferring
the application beyond 5 days.
8. The Public Information Officer of the public authority to whom the application
is transferred, should not refuse acceptance of transfer of the application on the
ground that it was not transferred to him within 5 days.
9. A public authority may designate as many Public Information Officers for it, as it
may deem necessary. It is possible that in a public authority with more than one
Public Information Officer, an application is received by the Public Information
Officer other than the concerned Public Information Officer. In such a case, the
Public Information Officer receiving the application should transfer it to the
concerned Public Information Officer immediately, preferably the same day.
Time period of five days for transfer of the application applies only when the
application is transferred from one public authority to another public authority
and not for transfer from one Public Information Officer to another in the same
public authority.
Rendering Assistance to Applicants
10. The RTI Act provides that the Public Information Officer has a duty to render
reasonable assistance to the persons seeking information. As per provisions of
the Act, a person, who desires to obtain any information is required to make
a request in writing or through electronic means in English or Hindi or in the
official language of the area in which the application is made. If a person seeking
information is not able to make such request in writing, the Public Information
Officer should render reasonable assistance to him to reduce the same in
writing.
11. Where access to a record is required to be provided to a sensorily disabled
person, the Public Information Officer should provide assistance to such person
27
to enable him to access the information. He should also provide such assistance
to the person as may be appropriate for the inspection of records where such
inspection is involved.
Assistance Available to PIO
12. The Public Information Officer may seek the assistance of any other officer as he or
she considers necessary for the proper discharge of his or her duties. The officer,
whose assistance is so sought by the Public Information Officer, would render
all assistance to him. Such an officer shall be deemed to be a Public Information
Officer and would be liable for contravention of any provisions of the Act the
same way as any other Public Information Officer. It would be advisable for the
Public Information Officer to inform the officer whose assistance is sought, about
the above provision, at the time of seeking his assistance.
13. Some Public Information Officers, on the basis of above referred provision of the
Act, transfer the RTI applications received by them to other officers and direct
them to send information to the applicants as deemed Public Information Officer.
Thus, they use the above referred provision to designate other officers as Public
Information Officer. According to the Act, it is the responsibility of the officer who
is designated as the Public Information Officer by the public authority to provide
information to the applicant or reject the application for any reasons specified
in Sections 8 and 9 of the Act. The Act enables the Public Information Officer
to seek assistance of any other officer to enable him to provide information
to the information seeker, but it does not give him authority to designate any
other officer as Public Information Officer and direct him to send reply to the
applicant. The import of the provision is that, if the officer whose assistance is
sought by the Public Information Officer, does not render necessary help to him,
the Information Commission may impose penalty on such officer or recommend
disciplinary action against him the same way as the Commission may impose
penalty on or recommend disciplinary action against the Public Information
Officer.
Supply of Information
14. The answering Public Information Officer should check whether the information
sought or a part thereof is exempt from disclosure under Section 8 or Section 9
of the Act. Request in respect of the part of the application which is so exempt
may be rejected and rest of the information should be provided immediately or
after receipt of additional fees, as the case may be.
Part IV - For Public Information Officers
28 Guide on Right to Information Act, 2005
15. Where a request for information is rejected, the Public Information Officer should
communicate to the person making the request:
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the authority to whom an appeal can be made.
16. If additional fee is required to be paid by the applicant as provided in the Fee and
Cost Rules, the Public Information Officer should inform the applicant:
(i) the details of further fees required to be paid;
(ii) the calculations made to arrive at the amount of fees asked for;
(iii) the fact that the applicant has a right to make appeal about the amount of
fees so demanded;
(iv) the particulars of the authority to whom such an appeal can be made; and
(v) the time limit within which the appeal can be made.
Supply of Part Information by Severance
17. Where a request is received for access to information which is exempt from
disclosure but a part of which is not exempt, and such part can be severed in
such a way that the severed part does not contain exempt information then,
access to that part of the information/record may be provided to the applicant.
Where access is granted to a part of the record in such a way, the Public
Information Officer should inform the applicant that the information asked for is
exempt from disclosure and that only part of the record is being provided, after
severance, which is not exempt from disclosure. While doing so, he should give
the reasons for the decision, including any findings on any material question of
fact, referring to the material on which those findings were based. The Public
Information Officer should take the approval of appropriate authority before
supply of information in such a case and should inform the name and designation
of the person giving the decision to the applicant also.
Time Period for Supply of Information
18. The Public Information Officer should supply the information within thirty days
of the receipt of the request. Where the information sought for concerns the
life or liberty of a person, the same should be provided within forty-eight hours
of the receipt of the request. If request for information is received through the
APIO, the information may be provided within 35 days of receipt of application
29
by the APIO in normal course and 48 hours plus 5 days in case the information
sought concerns the life or liberty of a person.
19. In case of an application transferred from one public authority to another public
authority, reply should be provided by the concerned public authority within 30 days
of the receipt of the application by that public authority in normal course and within
48 hours in case the information sought concerns the life or liberty of a person.
20. The Public Information Officers of the intelligence and security organisations
specified in the Second Schedule of the Act may receive applications seeking
information pertaining to allegations of corruption and human rights violations.
Information in respect of allegations of violation of human rights, which is
provided only after the approval of the Central Information Commission, should
be provided within forty-five days from the date of the receipt of request. Time
limit prescribed for supplying information in regard to allegations of corruption
is the same as in other cases.
21. Where the applicant is asked to pay additional fee, the period intervening
between the dispatch of the intimation about payment of fee and the payment
of fee by the applicant shall be excluded for the purpose of calculating the period
of reply. The following table shows the maximum time which may be taken to
dispose off the applications in different situations:
Sr.
No. Situation
Time limit for disposing off
applications
1. Supply of information in normal course. 30 days
2. Supply of information if it concerns the life
or liberty of a person.
48 hours
3. Supply of information if the application is
received through APIO.
05 days shall be added to the time
period indicated at Sr. No. 1 and 2.
4. Supply of information if application/request
is received after transfer from another
public authority:
(a) In normal course
(b) In case the information concerns
the life or liberty of a person.
(a) Within 30 days of the receipt of
the application by the concerned
public authority.
(b) Within 48 hours of receipt of the
application by the concerned
public authority.
5. Supply of information by organizations
specified in the Second Schedule:
(a) If information relates to allegations
of violation of human rights.
(b) In case information relates to
allegations of corruption.
(a) 45 days from the receipt of
application.
(b) Within 30 days of the receipt of
application.
Part IV - For Public Information Officers
30 Guide on Right to Information Act, 2005
22. If the Public Information Officer fails to give decision on the request for
information within the prescribed period, he shall be deemed to have refused
the request. It is pertinent to note that if a public authority fails to comply with
the specified time limit, the information to the concerned applicant would have
to be provided free of charge.
Disclosure of Third Party Information
23. Information including commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the competitive position of a third
party, is exempt from disclosure. Such an information shall not be disclosed
unless the competent authority is satisfied that larger public interest warrants
the disclosure of such information.
24. If an applicant seeks any information which relates to or has been supplied by
a third party and that third party has treated that information as confidential,
the Public Information Officer shall consider whether the information should be
disclosed or not. The guiding principle in such cases is that except in the case
of trade or commercial secrets protected by law, disclosure may be allowed if
the public interest in disclosure outweighs in importance any possible harm
or inj