RTI ACT 2005 PART-II

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Designation of PIOs : 1.Every Public Authority to appoint CPIOs in all administrative units as may be necessary. 2.CPIOs to provide information to applicants. 3.APIO at subdivision level to receive applications/ apeal and forword it to CPIO. 4.5 more days time where applications are

Transcript of RTI ACT 2005 PART-II

Designation of PIOs :

1.Every Public Authority to appoint CPIOs in all administrative

units as may be necessary.

2.CPIOs to provide information to applicants.

3.APIO at subdivision level to receive applications/ apeal and

forword it to CPIO.

4.5 more days time where applications are received by APIOs.

FUNCTIOS OF CPIO

1) Provide assistance to persons seeking information.

2) Seek assistance of any other officer as he considers necessary.

3) Any officer whose assistance has been sought under section 5(4), shall render assistance to CPIO. Such officers shall be treated as deemed CPIOs.

4) Information is to be provided by designated CPIO only.

5) Penalties can be imposed on both CPIOs and officer whose assistance was sought.

Mode of Payment of Fee:

1. --

A. Cash.

B. Demand Draft.

C. Banker’s Cheque.

D. Indian Postal Order.

E. E-Postal order for Indians living abroad

Payable to – Accounts officer of the Public Authority

2. Fee in any mode above to be acceptable.

3. No Prescribed format for applications.

4. Refusal to accept application result in imposition of Penalty.

Creation of Central Point for Receiving Applications:

1) Nodal officer to be appointed where more CPIOs to receive

applications on behalf of All PIOs.

2) Central point to be created to receive applications and appeals.

3) Nodal officer responsible to send application/ appeals to

concerned PIO appellate/ Authority on same day.

Request for information: 1) Request may be in— Writing— Electronic means— Hindi/ English/ official language of the area.2) Request to accompany fee.3) Request to –— Nodal Officer— CPIO— APIO4) Specify the particulars of information desired.

Assistance to Applicant :

1) CPIO to render all reasonable assistance to applicant making

request orally, to reduce in writing.

2) Not to give any reasons for request made.

3) Only address to be given for communications.

Transfer of Applications :

— Where information

a) Is held by another public authorityb) Subject matter is more closely connected with functions of other public

authority.

— Public authority receiving application.a) Shall transfer the application.b) Partly transfer the applicationc) Inform the applicant about transfer.

Period of Transfer :

a) As soon as practicable.b) Not later than five days.

Transfer of Application :

— CPIO to transfer application to the concerned Public Authority.

— Not routinely transfer the application to PMO (applicant

mentions PMO)

— If CPIO is not able to find out as to where Public Authority is

concerned after making reasonable efforts, he should inform the

applicant about the fact. (No information available and no other

Public Authority known.)

— CPIO to defend appeal against his decision.

PART TRANSFER :

— Supply information available.

— Transfer (send copy of application) to other PA

— Intimate applicant.

SCATTERED INFORMATION :(DOPT – 10/2/2008-IT – 12-06-2005) & 24/09/10

— PIO receiving application should give information relating to him.

— Advise applicant to make separate applications to concerned public authorities. Details of Public Authorities to be given.

— Section 6(3) refers to ‘another Public Authority’ and not other Public Authorities.

— Need not be transferred to State Govt./ UT Administration Advice applicant to make separate Application.

INFORMATION NOT TO BE CREATED :— Provide information which already exits and is held by the

PA.— Not to create information.— Not to called information available with different Public

Authorities.PERSONAL DETAILS OF RTI APPLICANT :

WP 33290/ 2013 (High Court Of Kolkata)

(Avishek Goenka V/s. UOI)

— Applicant need not disclose personal details (personal safety, threat)

— CPIO should not insist upon detailed whereabouts— Post Box number is enough to contact the applicant.— Personal details may not be disclosed where there is threat to

applicant.

Disposal of Request :

— CPIO should provide information in 30 days.

— CPIO should reject information in 30 days.

— CPIO should transfer the application with in 5 days.

— 5 days extra if application is received by APIO.

— As expeditiously as possible.

INFORMATION PERTAINING TO LIFE & LIBERTY SECTION 7(2) :

— Should be provided with in 48 hours.

REFUSAL OF INFORMATION :

— Not giving information/ failing to give information within

prescribed period amounts to refusal of information.

COST OF PROVIDING INFORMATION :

— Decision is taken to provide information on payment of further

fee.— CPIO will intimate details of further fee with calculation.— Period between dispatch of intimation and payment of fees will

be excluded for calculating period of 30 days. — CPIO shall also intimate right of applicants to review the

decision to the amount of fees, including particulars of

Appellate Authority.ACCESS TO DISABLED PERSON :

— CPIO to provide assistance to disabled person for inspection.

PRESCRIBED FEES :

— Rs. 2/- for each page in A-3 or smaller size

— Actual cost of samples/ models.

— Rs. 50/- per diskette or floppy.

— No fee for first hour of inspection and a fee of Rs. 5/- for each

subsequent hour or fraction thereof.

— Postal charge in supply of information exceeding Rs. 50/-.

EXEMPTION FROM FEE :— Persons below poverty line.— Copy of certificate of BPL.— From fee for application & documents exemption.— No fee for documents after lapse of period (30 days)E-IPO :

— For Indian citizens living abroad.— Indian citizens living abroad can seek information from Public Authority in

India and from Indian missions/ posts abroad.— Fee by E-IPO.— Website www.epostoffice.gov.in— www.indiapost.gov.in — Select ministry/ department.— Generate E-IPO by making payment through credit card/ debit card.— Print out of IPO is to be attached through RTI application.

DENIAL OF INFORMATION :— Reasons for denial.— Period within which appeal may be filed.

— Particulars of appellate authority.

FROM OF INFORMATION :

— Shall be provided in the form in which sought.

— Exception (disproportionately divert the resources of PA or

would be detrimental to the safety or preservation of record in

question).

FORMAT OF INFORMATION :Right of citizen extends to –

i. Inspection of work, documents, records.ii. Taking notes.iii. Extracts or photocopies of records.iv. Taking certified samples of materials.v. Taking information in the form of diskettes, floppies, tapes,

video cassettes.vi. Other electronic mode where information is stored in

computer.

PIO IS :— Not expected to deduce some conclusion from the material;— And supply the conclusion so deduced.— Not required to do research for citizen.

PIO IS REQUIRED :— To supply the ‘material’ in the form as held by the PA.

EXEMPTIONS FROM DISCLOSURESECTION (8) :

8(1)(a) Which affect the sovereignty and integrity of India.Security, strategic, scientific or economic interests of the state, relation with foreign state, leadd to incitement of offence.(b) expressly forbidden to be published by any court of law/ disclosure of which may constitute contempt of court.(c) cause a breach of privilege of Parliament or state legislative.

SECTION 8(1) Continued(d) information of commercial confidence, trade secrets or intellectual property unless there is larger public interest for disclosure. (e) information is available in fiduciary relationship unless there is larger public interest. (f) information received in confidence from the Foreign Government.(g) endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose.(h) would impede the process of investigation or apprehension or prosecution of offenders.

Section 8(1) Continues

(i) cabinet papers including record of deliberations of the council of Ministers, Secretaries and other officers. decision of cabinet and the reasons, bases of decision shall be made public after the decision has been taken and matter is complete.(j) personal information the disclosure has no relationship to any public activity or interest/ which would cause unwarranted invasion of the privacy of individual unless there is larger public interest.

INFORMATION OLDER THAN 20 YEARS :— Any information relating to any occurrence, event or matter

which has taken place occurred or happened twenty years before the date of request shall be provided.

— exception.— section 8(1)(a) - Security of state

8(1)(c) - breach of privilege of parliament

8(1)(i) - cabinet papers.