The document outlines the roles and responsibilities of Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) under the Right to Information Act 2005 in India. It states that every public authority must designate a PIO within 100 days of the act's enactment. PIOs are responsible for accepting information requests, providing assistance to applicants, processing requests within 30 days, and communicating appeal procedures. APIOs assist by receiving and forwarding applications. The document also describes guidelines for PIOs regarding fees, exemptions, penalties, record keeping, and their supplementary roles in records management and awareness of information commission decisions.
1. Role of Public Information Officers &
Assistant Public Information Officers
The Right to Information Act 2005
2. Designation of Public Information Officers
It is the obligation of Every Public Authority to designate:-
• Public Information Officers in all the Administrative
Units/offices
• Assistant Public Information Officers at sub-divisional/sub-
district level
Within 100 days of the enactment of the Act
4. Duties and Responsibilities of APIOs
Receive applications for information or appeals under the Act
and forward it to:
Public Information Officer or
Appellate Officer or
Information Commission
as the case may be
5. Duties and Responsibilities of PIOs
• Accept requests for Information
Render reasonable assistance to citizens requesting for information
− Reduce oral request into writing
− Assist sensorily disabled persons
• Seek assistance of any other officer where necessary
− Such officer shall be treated as PIOs
• Disposal of Requests
• Communicate the right to appeal and the details of the Appellate
Authority
to whom the applicant can appeal.
6. Accepting Requests for Information
PIOs/APIOs shall accept request in writing/electronic means:
In English, Hindi or official language of the area
Accompanied by prescribed fees
With contact details (Name/Address)
With particulars of information specified
No Fees for persons Below Poverty Line
Reasons for seeking information not required
7. Disposal of Requests
• Render reasonable assistance to the applicant by reducing the oral
request to writing
• Scrutinize the application received
• Register the application in the Inward Register
• Issue acknowledgement to the applicant
8. Disposal of Requests
• Intimate to the applicant the further fee, representing the
cost of providing the information, to be paid along with its
calculations.
• Also intimate the modalities of deposit of fee, the applicant’s
right for appeal against the calculation.
• The period intervening the despatch of the said intimation
and payment of fees shall be excluded for the purpose of
calculating the 30 day period.
Contd…
9. Disposal of Requests
• Wherever required, provides assistance to citizens for
inspection of works, materials, taking samples etc.
•Retains record on each application, disposal etc. so that
materials as required may be furnished to appellate authorities
in case first/second appeal is preferred.
Contd…
10. Severability
Access may be provided to a part of the record which
does not contain any exempted information and which
can reasonably be severed from any part that contains
exempt information
The PIO shall give a notice to the applicant informing
about partial disclosure of information along with reasons,
fees, and details of appellate authority
11. Transfer of Requests
Transfers the application / part of it to another public
authority, if required.
Transfer the application within five days of receipt of
application
• Informs the applicant about such transfers.
Makes necessary entries in the Register being maintained
12. Third Party Information
Where the PIO intends to disclose any information, which
relates to or has been supplied by a third party and has been
treated as confidential by that third party, the PIO shall,
within five days from the receipt of the request,
• give a written notice to such third party and
• invite the third party to make a submission in writing or
orally, and
• such submission shall be kept in view while taking a
decision.
13. The PIO on receipt of a request shall, as expeditiously as
possible, and in any case within 30 days of the receipt of the
request, either provide the information or reject the request
for any of the reasons specified in sections 8 and 9.
Provide Information
14. Form of Access
Information has to be provided in the form in which it is
sought.
This includes
– inspection of works, documents, records,
− Taking notes, extracts and certified samples of material.
− PIOs may fix a day or two of the week for applicants to
take samples and for inspection of material.
15. Deemed refusal
If the PIO fails to give decision on the request for Information
within the period specified, the PIO shall be deemed to have
refused the request.
16. Fees & Costs
The Act prescribes the following fees and costs to be
charged
Fees accompanying applications for request of information
Further fee representing the cost of providing the
information requested
Fee prescribed under rules for supply of information in
printed or electronic format.
17. Fees & Costs
Information shall be provided free of charge
where a public authority fails to comply with the
stipulated time limits for disposal of requests
The fee could be paid in cash / demand draft/
banker’s cheque/Indian Postal Order.
Contd..
18. Time limits
Within 30 days from the date of receipt of request in
general cases
Within 48 hours of receipt of request in cases where the
information sought for concerns the life or liberty of a
person
Add five days , where an application is given to the APIO
19. Rejection of Requests
where a request has been rejected, the PIO shall 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 appellate authority
20.
Affects sovereignty and integrity of India
Contempt of Court
Breach of privilege of parliament or state legislature
Trade secrets, intellectual property
Fiduciary relationship
Information received in confidence from foreign
Government
Exemption from Disclosure of Information
21. Exemptions
Endangers the life or physical safety of any persons/informers
Impede the process of investigation or apprehension or
prosecution of offenders
Cabinet Papers
Personal information, which would cause unwarranted
invasion of the privacy
PIO may reject a request to access information which would
involve an infringement of copyright
22. The information which cannot be denied to the Parliament or
a State Legislature shall not be denied to any person.
A public authority may allow access to information, if
public interest in disclosure outweighs the harm to
the protected interests
Public Interest
23. Action in Good Faith
No suit, prosecution or other legal proceeding
shall lie against any person for anything which is
in good faith done or intended to be done under
this Act or any rule made there under.
24. Penalties
Where the Information Commission is of the opinion that the
PIO has, without any reasonable cause:
● refused to receive an application for information
● has not furnished information within the time specified
● malafidely denied the request for information
● knowingly given incorrect, incomplete or misleading
information
● destroyed information
● obstructed in any manner in furnishing the information
The IC shall impose a penalty of Rs.250 per day till application is received or information is
furnished, however, the total amount of such penalty shall not exceed Rs.25000
25. Penalties
The PIO shall be given a reasonable opportunity of being
heard before any penalty is imposed on him
The burden is on the PIO to prove before the Information
Commission in appeal that he acted reasonably and
diligently.
Contd…
26. …Penalties
The PIO is personally liable to pay penalty if the same is
imposed by the Information Commission while deciding on
complaints and appeals
The IC shall recommend for disciplinary action against the
PIO if she persistently violates the provisions of the Act
Contd…
27. Some Important Tips for PIOs
The PIOs has to keep the following in mind:
information which cannot be denied to the Parliament or
the State Legislature shall not be denied to any citizen;
notwithstanding the exemptions permissible under S. 8(1),
access to information is to be allowed, if public interest in
disclosure outweighs the harm to the protected interest;
the Right to Information Act, 2005 overrides the Official
Secrets Act, 1923;
28. Some Important Tips for PIOs
any material relating to occurrence, event or matter, which
has taken place, occurred or happened twenty years
before the date of the application has to be given to the
applicant;
access to information should not involve an infringement
of copyright subsisting in a person other than the Sate;
Contd…
29. Supplementary Roles of PIOs
Records Management
Be alert about decisions of Information Commission
Maintain register of requests for information and decisions
taken on the same
Speaking Orders
30. PIO – Register (Periodical Reports)
Name and address of applicant
Date of receipt
Details of information sought
Detailed of fees received
Last date (30days) for disposal…
31. PIO –Register (Periodical Reports)
Information provided or not
Date of providing information
Within time limit / crossed time limit
Statement of fees
Partial Information provided reasons
Information is denied reasons
Applicant has filed an appeal or not
Any other information