The Presentation is about handling of RTI Requests in Central Government Offices.

1. Handling of RTI Requests withHandling of RTI Requests with
Case StudiesCase Studies

2. RIGHT TO INFORMATIONRIGHT TO INFORMATION
ACT 2005ACT 2005
PURPOSEPURPOSE
 TransparencyTransparency
 AccountabilityAccountability
ALL CITIZENS SHALL HAVE THE RIGHT TO
INFORMATION
Came into force on 12.10.2005

3. Applies to?Applies to?
AllAll citizenscitizens includingincluding public servantspublic servants havehave
the right to access information under thethe right to access information under the
control ofcontrol of Public AuthoritiesPublic Authorities..
Public Authority?Public Authority? Authority constituted byAuthority constituted by
 ConstitutionConstitution
 Parliament law or State lawParliament law or State law
 Govt. notificationGovt. notification

4. RTI includes right to:RTI includes right to:
 Inspect work & recordsInspect work & records
 Take certified samples of materialTake certified samples of material
 Take notes, extracts, certified copies ofTake notes, extracts, certified copies of
documents/ recordsdocuments/ records
 Obtain information in the form of print outs,Obtain information in the form of print outs,
floppies, tapes, video cassettes, other electronicfloppies, tapes, video cassettes, other electronic
modesmodes

5. What is a “record” ?What is a “record” ?
Document, manuscript,Document, manuscript, filefile
Microfilm, microfiche, fax copy ofMicrofilm, microfiche, fax copy of
documentdocument
Any other material produced by theAny other material produced by the
computer or other devicecomputer or other device

6. OBLIGATIONS OF PUBLICOBLIGATIONS OF PUBLIC
AUTHORITIESAUTHORITIES
 MaintainMaintain records catalogued and indexedrecords catalogued and indexed
computerization, networkingcomputerization, networking for easy accessfor easy access
 Publish certainPublish certain particularsparticulars within 120 dayswithin 120 days
 Publish relevant facts while formulatingPublish relevant facts while formulating policiespolicies//
decisions affecting publicdecisions affecting public
 Provide reasons forProvide reasons for administrative/ quasi-judicialadministrative/ quasi-judicial
decisions to affected personsdecisions to affected persons
 Suo motoSuo moto provide information ->minimize need forprovide information ->minimize need for
resorting to RTIresorting to RTI
 Form of dissemination-Form of dissemination- easily accessibleeasily accessible
 In 100 days, designateIn 100 days, designate PIOsPIOs andand APIOsAPIOs
 Info should beInfo should be freefree or ator at cost of mediumcost of medium onlyonly

7. DISSEMINATIONDISSEMINATION
Notice boardsNotice boards
NewspapersNewspapers
Public announcementsPublic announcements
Media broadcastsMedia broadcasts
InternetInternet
Inspection of officesInspection of offices
Other meansOther means

8. FACTORS TO CONSIDERFACTORS TO CONSIDER
Cost effectivenessCost effectiveness
Local languageLocal language
Most effective medium in the local areaMost effective medium in the local area

9. PARTICULARS TO BE PUBLISHEDPARTICULARS TO BE PUBLISHED
(to be widely disseminated(to be widely disseminated in easily accessible forms andin easily accessible forms and
updated annually)updated annually)
 Particulars, functions and duties of the organizationParticulars, functions and duties of the organization
 Powers, duties of officers & employeesPowers, duties of officers & employees
 Procedure followed in decision making includingProcedure followed in decision making including
channels of supervisionchannels of supervision
 Norms set for discharge of functionsNorms set for discharge of functions
 Rules, regulations, instructions, manuals, records usedRules, regulations, instructions, manuals, records used
 Statement of categories of documents heldStatement of categories of documents held

10. PARTICULARS TO BE PUBLISHEDPARTICULARS TO BE PUBLISHED ((contd.)contd.)
 Details of arrangement of consultation/ representation ofDetails of arrangement of consultation/ representation of
public in policy formulation or implementationpublic in policy formulation or implementation
 Statement of boards, councils, committees constitutedStatement of boards, councils, committees constituted
as its part or for advising itas its part or for advising it  meetings, minutesmeetings, minutes
accessible to public or not?accessible to public or not?
 Directory of officers and employeesDirectory of officers and employees
 Their monthly remunerationTheir monthly remuneration
 Budget, plans, proposed expenditureBudget, plans, proposed expenditure
 Particulars of concession recipientsParticulars of concession recipients
 Facilities available for obtaining informationFacilities available for obtaining information
 Name, designation, particulars of PIOName, designation, particulars of PIO
 Details of info held in electronic formDetails of info held in electronic form

11. Role of PIO and APIORole of PIO and APIO
PIOPIO provides information to anyoneprovides information to anyone
requesting for itrequesting for it
APIOAPIO receives applications andreceives applications and
forwards them to PIOforwards them to PIO

12. To the extent possible, info should beTo the extent possible, info should be
easily accessible in electronic formateasily accessible in electronic format
with PIO.with PIO.

13. Functions of PIOFunctions of PIO
 Deal with requests for informationDeal with requests for information
 Offer reasonable assistance to applicantOffer reasonable assistance to applicant
 Provide access-enabling assistance to sensorily disabledProvide access-enabling assistance to sensorily disabled
 Seek assistance from any other officer as consideredSeek assistance from any other officer as considered
necessarynecessary
 Take decisions regarding revelation of 3Take decisions regarding revelation of 3rdrd
party infoparty info
 For the purpose of contravention of this act, such otherFor the purpose of contravention of this act, such other
officer will be treated as PIO.officer will be treated as PIO.

14. PIO Functions: AdministrativePIO Functions: Administrative
viewpointviewpoint
Monitoring RTI cell workingMonitoring RTI cell working
Ensuring maintenance of RTI Cell baseEnsuring maintenance of RTI Cell base
recordsrecords
Compilation & sending of RTI info to R.Bd.Compilation & sending of RTI info to R.Bd.
for CICfor CIC
Forwarding appeals (to App Auth, to CIC)Forwarding appeals (to App Auth, to CIC)
Liaison with Nodal officersLiaison with Nodal officers

15. FEESFEES
 Information should beInformation should be free of costfree of cost or ator at
prescribedprescribed cost of medium/printoutcost of medium/printout
 No fees are to be taken from thoseNo fees are to be taken from those below thebelow the
poverty linepoverty line
 IfIf additional feesadditional fees (cost of providing info) are(cost of providing info) are
required, PIO has to giverequired, PIO has to give calculationscalculations toto
information seeker, and details ofinformation seeker, and details of appeal rightsappeal rights
 IfIf time limitstime limits passed , info to be given freepassed , info to be given free

16. PRESCRIBED FEESPRESCRIBED FEES
Governed byGoverned by RTI (Regulation of Fee andRTI (Regulation of Fee and
Cost) Rules, 2005Cost) Rules, 2005
Rs.10 for applicationRs.10 for application
Rs.2 per printed pageRs.2 per printed page
Rs.50 per floppyRs.50 per floppy

17. REQUESTS FORREQUESTS FOR
INFORMATIONINFORMATION
 Will be made to PIO/APIOWill be made to PIO/APIO
 Will specify info particularsWill specify info particulars
 To be in writing/ electronic means (if it can’t be inTo be in writing/ electronic means (if it can’t be in
writing, PIO willwriting, PIO will assistassist to reduce oral request to writing)to reduce oral request to writing)
 In Hindi, English, Official language of the areaIn Hindi, English, Official language of the area
 Accompanied by prescribed feeAccompanied by prescribed fee
 No reason requiredNo reason required
 No personal details required except for contactingNo personal details required except for contacting
 To be transferred to another public authority if pertainsTo be transferred to another public authority if pertains
to them (to them (in 5 daysin 5 days))  applicant to be informedapplicant to be informed can becan be
partpart transferredtransferred

18. DISPOSAL OF REQUESTS:DISPOSAL OF REQUESTS: TIME-TIME-
FRAMEFRAME
InIn 3030 days if direct to PIOdays if direct to PIO
InIn 3535 days if through APIOdays if through APIO
InIn 48 hours48 hours if life & liberty at stakeif life & liberty at stake
If redirected, inIf redirected, in 55 daysdays
If not given in time,If not given in time, deemed refuseddeemed refused
Submission to be asked from 3Submission to be asked from 3rdrd
partyparty inin 55
daysdays

19. DISPOSAL OF REQUESTS:DISPOSAL OF REQUESTS: TIME-FRAMETIME-FRAME
(contd.)(contd.)
IfIf further feesfurther fees required, period betweenrequired, period between
dispatch of request and deposit of fees willdispatch of request and deposit of fees will
not countnot count
(Further fees will only cover cost of(Further fees will only cover cost of
providing the info, as prescribed)providing the info, as prescribed)

20. HOW TO DISPOSEHOW TO DISPOSE
Give the information right awayGive the information right away
Give on payment of further feesGive on payment of further fees
Transfer to another Public AuthorityTransfer to another Public Authority
Refuse with reasons (as per exemptions inRefuse with reasons (as per exemptions in
the Act)the Act)
Ask for 3Ask for 3rdrd
party submissionparty submission furtherfurther
action thereuponaction thereupon

21. CASES OF REJECTIONCASES OF REJECTION
PIO has to communicatePIO has to communicate
1.1. Reasons for rejectionReasons for rejection
2.2. Allowable period of appealAllowable period of appeal
3.3. Particulars of Appellate AuthorityParticulars of Appellate Authority

22. SOME EXEMPTIONSSOME EXEMPTIONS
 PrejudicesPrejudices sovereigntysovereignty, security, scientific/economic, security, scientific/economic
interests of Indiainterests of India
 Forbidden to be published byForbidden to be published by CourtCourt
 Breach of privilege ofBreach of privilege of legislaturelegislature
 Impedes process ofImpedes process of investigationinvestigation
 RevealsReveals sourcesource of confidential info given for lawof confidential info given for law
enforcement/security purposesenforcement/security purposes
 EndangersEndangers life or safetylife or safety of anyoneof anyone
 Involves infringement ofInvolves infringement of copyrightcopyright not held by the Statenot held by the State
 Cabinet papersCabinet papers

23. MORE EXEMPTIONSMORE EXEMPTIONS
 Harms competitive position ofHarms competitive position of 3rd party3rd party
 Information available inInformation available in fiduciary relationshipfiduciary relationship
In these cases, the info may be disclosed if theIn these cases, the info may be disclosed if the competent authoritycompetent authority* is* is
satisfied that the larger public interest so warrantssatisfied that the larger public interest so warrants
(*as defined in the Act )(*as defined in the Act )
 PersonalPersonal informationinformation unlinkedunlinked with public activitywith public activity
 Resulting inResulting in invasion of privacyinvasion of privacy of individualof individual
In these cases,In these cases, PIO / Appellate AuthorityPIO / Appellate Authority may disclose the informationmay disclose the information
if the larger public interest so warrantsif the larger public interest so warrants

24. Provisos to ExemptionsProvisos to Exemptions
Information which cannot be denied to theInformation which cannot be denied to the
ParliamentParliament/State Legislature cannot be/State Legislature cannot be
denied to anyonedenied to anyone
IfIf public interestpublic interest outweighs harm tooutweighs harm to
protected interests, Public Authorityprotected interests, Public Authority cancan
allowallow disclosure.disclosure.

25. Twenty Years Ago…..Twenty Years Ago…..
However, any information about eventsHowever, any information about events
which happened 20 years ago is to bewhich happened 20 years ago is to be
provided, unless the sovereignty of India orprovided, unless the sovereignty of India or
Breach of privilege of Parliament/legislatureBreach of privilege of Parliament/legislature
is at stake.is at stake.
Cabinet papers: always exempt.Cabinet papers: always exempt.

26. SEVERABILITYSEVERABILITY
• If the record contains exempted informationIf the record contains exempted information
in parts, PIO can give thatin parts, PIO can give that partpart of the recordof the record
which can be reasonably severed.which can be reasonably severed.
• Notice has to be given to applicant statingNotice has to be given to applicant stating
thatthat info is only partinfo is only part, reasons for the, reasons for the
decision,decision, who gave the decisionwho gave the decision, details of, details of
fees,fees, details of right to reviewdetails of right to review includingincluding
designation of App Authoritydesignation of App Authority

27. THIRD PARTYTHIRD PARTY
If info to be disclosed was supplied inIf info to be disclosed was supplied in
confidence by a third party, then:confidence by a third party, then:
1.1. In 5 days, invite submission from 3rd partyIn 5 days, invite submission from 3rd party
2.2. Submission to be in 10 daysSubmission to be in 10 days
3.3. Keep submission in mindKeep submission in mind
4.4. In 40 days of receipt, take decision toIn 40 days of receipt, take decision to
disclose if public interest outweighs harm todisclose if public interest outweighs harm to
33rdrd
partyparty

28. THIRD PARTYTHIRD PARTY
POST DECISION ACTIONPOST DECISION ACTION
 Give notice of decision to 3Give notice of decision to 3rdrd
party, stating hisparty, stating his
appeal entitlementappeal entitlement
 Appeal period: 30 days from orderAppeal period: 30 days from order no provisono proviso
for late appeal in 3for late appeal in 3rdrd
party casesparty cases
 22ndnd
appeal to CIC, in 90 daysappeal to CIC, in 90 days
 CIC will give reasonable opportunity to 3CIC will give reasonable opportunity to 3rdrd
partyparty
to be heardto be heard

29. FIRST APPEALFIRST APPEAL
 To officer senior in rank to PIOTo officer senior in rank to PIO
 To be preferred inTo be preferred in 3030 days from expiry ofdays from expiry of
period/ date of receipt of decision (ifperiod/ date of receipt of decision (if
good reasons, may accept evengood reasons, may accept even laterlater))
 GroundsGrounds
Decision not received in timeDecision not received in time
Aggrieved by decisionAggrieved by decision

30. Appeal DisposalAppeal Disposal
InIn 30 days30 days of receipt of appealof receipt of appeal
May extend toMay extend to 45 days with written45 days with written
reasonsreasons

31. Second AppealSecond Appeal
Lies with CICLies with CIC
In 90 days (later if good reasons)In 90 days (later if good reasons)
We have to accept and forward 2We have to accept and forward 2ndnd
appealsappeals
tootoo

32. Information CommissionsInformation Commissions
Central-Central- Chief Information CommissionerChief Information Commissioner
State-State- State Chief InformationState Chief Information
CommissionerCommissioner

33. POWERS OF I C sPOWERS OF I C s
 Receive complaints regardingReceive complaints regarding
1.1. No PIO appointedNo PIO appointed
2.2. PIO refused to accept application for infoPIO refused to accept application for info
or appeal to AA or CICor appeal to AA or CIC
3.3. Refused accessRefused access
4.4. Time limit expired & no responseTime limit expired & no response
5.5. Unreasonable feeUnreasonable fee
6.6. Info incomplete or falseInfo incomplete or false
7.7. Any other matter of RTIAny other matter of RTI
 Can initiate inquiryCan initiate inquiry
 Has powers like Civil CourtHas powers like Civil Court
 Onus on PIO to prove refusal was justifiedOnus on PIO to prove refusal was justified

34. CIVIL COURT POWERS of ICCIVIL COURT POWERS of IC
IC has powers like a Civil Court trying suit under Civil Procedure Code:IC has powers like a Civil Court trying suit under Civil Procedure Code:
 Summon, enforce attendanceSummon, enforce attendance
 Compel oral/written evidence on oathCompel oral/written evidence on oath
 Compel to produce documents, thingsCompel to produce documents, things
 Receive evidence on affidavitReceive evidence on affidavit
 Requisition public records from any court/officeRequisition public records from any court/office
 Issue summons to examine witness/documentIssue summons to examine witness/document
 Any other prescribed matterAny other prescribed matter
No document under the Public Authority to which the Act appliesNo document under the Public Authority to which the Act applies
can be withheld from IC, notwithstanding any other Act ofcan be withheld from IC, notwithstanding any other Act of
ParliamentParliament

35. POWERS OF I C s (contd.)POWERS OF I C s (contd.)
Can require the Public Authority toCan require the Public Authority to
 Provide information in particular formProvide information in particular form
 Appoint PIOAppoint PIO
 Publish certain infoPublish certain info
 Change practices relating to recordChange practices relating to record
managementmanagement
 Enhance provision of training on RTIEnhance provision of training on RTI
 Compensate complainantCompensate complainant
 Provide annual reportProvide annual report
 I C can impose penaltiesI C can impose penalties

36. PENALTIESPENALTIES
IF PIO WITHOUT REASONABLE CAUSEIF PIO WITHOUT REASONABLE CAUSE
 Refused to receive applicationRefused to receive application
 Did not furnish info in timeDid not furnish info in time
 With malafide intention denied requestWith malafide intention denied request
 Knowingly gave incorrect info or destroyedKnowingly gave incorrect info or destroyed
subject infosubject info
 Obstructed furnishing of infoObstructed furnishing of info
Then…Then…

37. PENALTIESPENALTIES (contd.)(contd.)
 Rs.250 per dayRs.250 per day up to Rs. 25000 (max)up to Rs. 25000 (max)
till application taken/ information furnishedtill application taken/ information furnished
 If PIOIf PIO persistentlypersistently repeats the definedrepeats the defined
actions, then…actions, then…
CIC can recommendCIC can recommend disciplinary actiondisciplinary action
against PIOagainst PIO

38. PENALTIESPENALTIES (contd.)(contd.)
IC will give notice of appeal rights toIC will give notice of appeal rights to
complainant/ public authoritycomplainant/ public authority
PIO will be given reasonable opportunityPIO will be given reasonable opportunity
to be heard before penalty impositionto be heard before penalty imposition
Burden on proving reasonableness,Burden on proving reasonableness,
diligence on PIOdiligence on PIO
Protection of action taken in good faithProtection of action taken in good faith

39. REPORTINGREPORTING
Each dept to furnish information annually to CICEach dept to furnish information annually to CIC
regarding:regarding:
 No. of requests receivedNo. of requests received
 No. of denials, Act provisions of deial decisionsNo. of denials, Act provisions of deial decisions
 No of appeals to IC, nature, outcomeNo of appeals to IC, nature, outcome
 Particulars of disciplinary action takenParticulars of disciplinary action taken
 Amount of charges collectedAmount of charges collected
 Recommendations of reformRecommendations of reform
 Efforts of Public Authority to administer the ActEfforts of Public Authority to administer the Act
Based on this, report of CIC will be tabled beforeBased on this, report of CIC will be tabled before
ParliamentParliament

40. OVERRIDING EFFECT OF THEOVERRIDING EFFECT OF THE
ACTACT
Over Official Secrets Act 1923Over Official Secrets Act 1923
Any other law for the time in forceAny other law for the time in force
Any instrument having effect by virtue ofAny instrument having effect by virtue of
any law other than this Actany law other than this Act
Freedom of Info Act 2002 repealedFreedom of Info Act 2002 repealed

41. TO BE DONE…TO BE DONE…
Analyze RTI implications in day-to-dayAnalyze RTI implications in day-to-day
working, notingsworking, notings
Filing policy and systematicFiling policy and systematic
implementationimplementation
Physical maintenance of recordsPhysical maintenance of records
Computerisation- info retrievalComputerisation- info retrieval
RTI dealing machinery in all deptsRTI dealing machinery in all depts

42. TO BE DONE…(contd.)TO BE DONE…(contd.)
 Compilation and dissemination ofCompilation and dissemination of
 Suo moto infoSuo moto info
 Obligatory infoObligatory info
 Clarity in each dept regarding exemptable infoClarity in each dept regarding exemptable info
 Process of accountal, refund of cash receiptsProcess of accountal, refund of cash receipts
 Record mgmt at RTI cell for reporting to Bd, CICRecord mgmt at RTI cell for reporting to Bd, CIC
 TrainingTraining

43. RECORDS REQD. AT RTI CELLRECORDS REQD. AT RTI CELL
1.1. Application Registration RegisterApplication Registration Register
Need to link cash receipt & registrationNeed to link cash receipt & registration
 EstablishEstablish common groundcommon ground for direct, postal, email requestsfor direct, postal, email requests
 RecordRecord numbernumber of requests for reportingof requests for reporting
 TrackTrack historyhistory of case thru the reg. no.of case thru the reg. no.
 Monitoring ofMonitoring of target datetarget date with ref to cash receipt date (samewith ref to cash receipt date (same
as reg date)as reg date)

44. MORE…MORE…
2.2. Rejection Register, provisions of the ActRejection Register, provisions of the Act
usedused
3.3. Appeals Register, nature, outcome ofAppeals Register, nature, outcome of
appealsappeals
4.4. RTI D&AR Records, CIC ordered cases,RTI D&AR Records, CIC ordered cases,
follow up action takenfollow up action taken
5.5. Movement and accountabilityMovement and accountability
6.6. Application fee, refunds, cash accountalApplication fee, refunds, cash accountal
systemsystem

45. Need to Standardize Forms/ResponsesNeed to Standardize Forms/Responses
 ApplicationsApplications
 RTI Cash ReceiptsRTI Cash Receipts
 Appeals to AAAppeals to AA
 Appeals to CICAppeals to CIC
 Notice to 3Notice to 3rdrd
partyparty
 Decisions to 3Decisions to 3rdrd
partyparty
 RejectionsRejections
 Reply to email applicationsReply to email applications
 Reply to postal applicationsReply to postal applications
 Request for further feesRequest for further fees
 Transfer case responsesTransfer case responses

46. Possible Structure for RTI CellPossible Structure for RTI Cell
Registration SectionRegistration Section :Public Interface:Public Interface
 Registration ( applications, appeals) , inward transfer cases,Registration ( applications, appeals) , inward transfer cases,
emails, postal requests, provision of info/refusal, Application &emails, postal requests, provision of info/refusal, Application &
Rejection recordsRejection records
Cash counterCash counter:: Fee collection, accountal, refund, recordsFee collection, accountal, refund, records
Info processing:Info processing: putting up requests, liaison with nodalputting up requests, liaison with nodal
officers, arranging inspections, appeals, outward transfers, 3officers, arranging inspections, appeals, outward transfers, 3rdrd
party,party,
related recordsrelated records
Efficiency:Efficiency: compilation, reporting, monitoringcompilation, reporting, monitoring

47. THANK YOUTHANK YOU
FOR YOURFOR YOUR
PATIENCE!PATIENCE!