Duites and Responsibilities of Public Information Officer under the Right To Information Act of 2005

Salient features of the RTI act and PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

1. DUTIES AND RESPONSIBILITIES OF PUBLIC INFORMATION OFFICERS BY PARTH SAGDEO ROLL NO: 32

2. RIGHT TO INFORMATION ACT, 2005 2

3. SALIENT FEATURES OF RTI ACT, 2005 Replaced Freedom of Information Act, 2002. RTI relaxes restrictions placed by Officials Secrets Act, 1923. 3 Levels – Public Information Officer, First Appellate Authority and Central Information Commission (CIC). Time period for Public Information Officer: Expeditiously or within 30 days from the date of receipt by public authority. 3

4. SALIENT FEATURES OF RTI ACT, 2005 … CONTD… Maximum time gap for 1 st Appeal: 30 days since limit of supply of Information is expired. Time period for Appellate Authority: within 30 days or in exceptional cases 45 days from the date of receipt by the public authority. Maximum time gap for 2 nd Appeal: 90 days since limit of supply of information is expired. RTI act also asks for computerisation and proactively publish Information. Bodies applicable under RTI: Constitutional bodies at centre and State (Legislature, Executive, Judiciary), bodies / NGOs owned / financed by government, privatised public utility companies. 4

5. SALIENT FEATURES OF RTI ACT, 2005 … CONTD… Bodies excluded under RTI: Central Intelligence and Security Agencies, agencies of State specified through notification. The exclusion is not absolute. Central Information Commission shall consists of: 1 Chief Information Commissioner and upto 10 Central Information Commissioner. The Chief Information Commissioner shall hold office for a term of fine years from the date on which he enters upon his office and shall not be eligible for re-appointment. The Act has 31 sections and 6 Chapters. Section 8 deals with Information exempted under the purview of this Act. 5

6. STATEMENT OF OBJECTS AND REASONS Ensure greater and more effective access to Information To make the Freedom of Information Act, 2002 more progressive To carry out important changes recommended by National Advisory Council. Important changes include: Establishment of Appellate Machinery with Investigating powers to review decisions of PIO. Penal Provisions for failure to provide information. To ensure maximum disclosure and minimum exemptions. To Repeal the Freedom of Information Act, 2002. To recognise Right to Information ensured under Art. 19 of Constitution. 6

7. PUBLIC INFORMATION OFFICERS Sec. 5 – Designation of Public Information Officers (PIOs): Every public authority shall within 100 days of enactment, designate as many officers as Central Public Information Officers (CPIO) or State Public Information Officers (SPIO) – in all administrative units / offices. Every public authority shall designate an officer within 100 days of enactment – at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officers (CAPIO) or State Assistant Public Information Officers (SAPIO) 7

8. PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. Section 5 (1) of the Act requires a Public Authority to designate “as many” officers as Central Public Information Officer or the State Public Information Officer, as the case may be, in all administrative units and offices under it as may be necessary to provide information to persons requesting for the same. They were to be designated within 100 days of the enactment of the Act. Similarly, Central or State Assistant Public Information Officers are to be designated at “each sub-divisional level or other sub-district level” to receive applications or appeals and forward them on to the concerned Public Information Officers, Designated Appellate officers and the Information Commission [Section 5(2)]. This is to ensure that the public can apply for information in their own local areas without the need for traveling long distances to the offices of the Public Information Officers.  8

9. Addressed to the PIO Fees: In cash against receipt or DD or Banker’s cheue or Indian Court Fee Stamp of Rs. 10/- Other details of the Applicant Particulars of Information required FORM –A Sec. 6(1) 9

10. Application for Information under Section 6(1) of the Act To, The Public Information Officer (Name of the office with address) 1. Full name of the applicant: 2. Father’s/Spouse’s name: 3. Permanent address: 4. Particulars of information acquired: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 5. Address to which information is to be sent and the form in which it is desired. 6. Is this information not made available by the Public Authority? 7. Are you ready to pay the prescribed fee? 8. Whether the applicant belongs to BPL category? If yes, have you furnished proof of the same? 9. Whether information is solicited by registered post? If yes please enclose an envelope alongwith requisite postal stamp/s. Full Name and Signature of the Applicant. Place: Date FORM –A Sec. 6(1) 10

11. DUTIES OF PUBLIC INFORMATION OFFICERS To deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information, taking the assistance of any other officer, if considered necessary by him or her for the proper discharge of duties [Section 5(3) & 5(4)];  To render ‘all reasonable assistance’, where request for information cannot be made in writing, to the person making the request orally to reduce the same into writing [Section 6(1)]; To dispose request for information under the Act, either providing the information requested on payment of prescribed fee or rejecting the request for reasons to be specified within the time period stipulated under the Act [Section 7(1)].  National Implementing Agency - Capacity Building for Access to Information Project Assistant Public Information 11

12. DUTIES OF PUBLIC INFORMATION OFFICERS CONTD…. Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request. If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request. Where a request has been rejected, the PIO shall communicate to the requester - (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. PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.  12

13. DUTIES OF PUBLIC INFORMATION OFFICERS CONTD…. If allowing partial access, the PIO shall give a notice to the applicant,  informing: a. that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; b. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; c. the name and designation of the person giving the decision; d. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and e. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration. Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice. 13

14. RESPONSIBILITIES OF PUBLIC INFORMATION OFFICERS To receive application on behalf of NCW and acknowledge them with date on such requests. To assign number of request under R.T.I Act and to enter it in a register with number. To scrutinize Applications and find out concerned section to whom request is to be forwarded. To forward application to the concerned department within 48 hours.  To receive appeals on behalf of appellate authorities for onward submission to Appellate Authority. To receive reply/information from concerned cell/section/Department. To compile the information with the request. 14

15. RESPONSIBILITIES OF PUBLIC INFORMATION OFFICERS CONTD… To certify the information while providing it to the applicant. To ensure realization of requisite fee in each and every case. To ensure delivery of information to the applicants. To scrutinize the information sought for by the applicants. To examine whether any exemption is applicable under section 8 or 9 or 24 of the Act. If covered under any exemption to issue rejection/refusal order with cogent reasons. To examine if it pertains to life or liberty or any urgency. To examine if any further fee is required and issue instructions to realize fee. To Issue intimation for deposit of further fee with justification and his right to review of decision. 15

16. RESPONSIBILITIES OF PUBLIC INFORMATION OFFICERS CONTD… To seek services of other officers who are posted in other departments and are acquainted with the information for ensuring the delivery of complete reply to the applicant. To ensure disposal of the requests within prescribed time period. To find out if third party is involved if so to issue notice to third party and to obtain representation from third party (if required). To give opportunity of hearing and to make representation orally or in writing to third party. To intimate him about his entitlement to make appeal to the appellate Authority within specified period. To prepare weekly statements and to apprise off the situation to Member Secretary NCW To maintain all RTI records, receipts of RTI, disposal and submit an annual statement 16

17. CONCLUSION The bottom line is RTI is a very useful and perhaps a much needed act for India as its democracy is falling apart under the weight of corruption. 17

18. Thank You 18