Compilation RTI Act 2005 PDF

COMPILATION OF OMs, CIRCULARS,
GUIDELINES & NOTIFICATIONS

ON
RIGHT TO INFORMATION ACT, 2005
•==
~ RIGHTTO
INFORMATION
..;: -----..
,.
. Most Immediate
No. 34012/13(S)2005-Estt. (B)
Government of India
Ministry of Pe1'5OllI\el, Public Grievances and Pensions
Department of Pe1'5OllI\el and Training
New Delhi, Dated the 6th October, 2005

OFFICE MEMORANDUM
Subject: Designation of Central Assistant Public Information Officers (CAPIOs) by the

public authorities under Section 5 (2) of the Right to Information Act, 2005.
The undersigned is directed to say that Section 5 (2) of the Right to information Act, 2005
provides that every public authority shall designate an officer within 100 days of the enactment
of this Act; at each sub-divisional or other sub-district level as a Central Assistant Public
Information Officer to receive the applicatiCilfl!l for information or appeals under this Act for
forwarding the same forthwith to the Cehttal Public Information Officer or senior officer
specified under sub-section (1) of section Igor the Central Information Commission, as the
case maybe.
-2. Since a number of public authorities do not have offices located at each sub-divisional
level or sub-district level, the matter was taken up with the Department of Posts to provide
the services of their Central Assistant Public Information Officers (CAPIOs) to function in
that capacity for all public authorities under the Central Government.
3. In this connection Department of Posts require urgently the addresses of the nodal
officers/central point.in each Ministry/Organisation in need of their services as cAPIOs.
The Department of Posts have also indicated that they will be in a position to undertake the
work only on behalf of those Ministers who have completed this action and have informed
them of the same. Ministries/Departments are, therefore, requested to indicate the details of
the Central Public Information· Officers designated by them as well as. the nodal officers/
central point in their Department to receive the RTI mails (application etc. forward by the
CAPIOs) to the Departm.entto reveive the RTImails (application etc forwarded by the CAPIOs)
to the Department of Posts urgently.
4. Ministries/Departments are also requested to bring the above position to the notice of
other public authorities coming under the purview of the Ministries/Departments concerned
for urgent action by them.
(T.Jacob) .
Joint Secretary to the Government of India
•
To
All Ministries/Departments of the Government of India (Secretaries by name).
1
Most Immediate
Time Bond
FNo.1/4/2006-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, Dated 21" February, 2006
OFFICE MEMORANDUM
The undersigned is directed to say that the Central Information Commission, on the basis
of suggestions and complaints received from members of public, has desired that the following
steps should be taken by Ministries/Departments regarding the Right to Information Act,
2005 within individual jurisdiction.
1. The PIOs, APIOs and Appellate Authorities are placed in all public authorities set up
from Ministry's/Department's budget or under administrative control of Ministry/
Department, if they are not already there.
2. Furnishing to the Central Information Commission the details of nodal officer
appointed for implementation of the Act and the complete list of PIOs/APIOs and the
Appellate Authorities alongwith their contact details, namely addresses, phone
numbers, e-mail addresses and fax numbers.
3. Steps be taken to enable people to file their applications by post. To make this easy,
awareness should be generated through print and electronic media regarding the name
of the bank account into which the demand draft or bankers cheque should be accepted.
The particulars of these bank accounts should be furnished to the Central Information
Commission.
4. Some Ministries/Departments have appointed several Public Information Officers
having different jurisdictions. In such case a clarification may be issued to the effect
that application can be received by any PIO whose duty it would be to direct it to the
PIO concerned under intimation to the applicant.
5. In case a person writes directly to the Head of Department/Office enclosing the
required fee, it should be ensured that application reaches the proper PIO under
intimation to the applicant.
6. The right to Information Act, 2005 does not provide for any formal application form
for acquiring access to information. The Act also states that request for information
can be sought 'in writing or through electronic means.....' therefore, application for
information on plain paper are also to be received and replied within the prescribed
time limit.
2
7. Section 6(2) of the Right to Information Act, 2005 states that no person seeking
information shall be required to give any reason for his request Therefore, necessary
orders may be issued to all the officials in the Ministries/Deptts./public authorities
to comply with the directives of the Act and not to ask unnecessary questions from
complaints/applicants. .
It is requested. that action on the above points may be taken at the earliest and a coinpliance
report sent to the Central Information Commission by 24/2/2CYJ6.
(C.A. Subramanian)
Deputy Secretary to the Government of India
To
All Ministries/DePartments
3
\
ENo. 1/2/2007-1R
Government of India
Ministry of PersonneL Public Grievances and Pensions
New Delhi, Dated the 3'd March, 2007
OFFICE MEMORANDUM
Subject: Non-implementation of various provisions of the RTI Act, 2005 by public

authorities- regarding.
It has been brought to the notice of this Department that
(i) Some public authorities have not designated Public Information Officers and/ or
Assistant Public Information Officers under the Right to Information Act. 2005 so
far;
(ii) Some public authorities do not accept fee by way of Indian Postal Orders;
(jji) Some public authorities do not accept demand drafts/bankers cheques/Indian Postal
Orders drawn in the name of their Accounts Officer and insist that these should be
drawn in the name of Drawing and Disbursing Officer or the Under Secretary or the
Section Officer etc.; and
(iv) Some public authorities do not accept applications submitted by the· applicant and
insist that application for seeking information should be submitted in a particular
format prescribed by them.
2. Attention is invited to sub-section (1) of section 5 of the Act, which provides that 'every'
public authority shall designate Public Information Officers in all administrative units or
offices under it within one hundred days of the enactment of the Act. Like wise sub-section
(2) of section 5 of the Act provides that every public authority shall designate an officer as
Assistant Public Information Officer at each sub-divisional level within one hundred days of
the enactment of the Act. More than a year has passed since the Act was enacted. Non-
designation of Public Information Officers and/or Assistant Public Information Officers by
any public authority contravenes the provisions of the Act.
3. 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. The approved
mode of payment of fee for obtaining information is by cash or demand draft or banker's
cheque or Indian Postal Order payable to the Accounts Officer of the public authority. Non-
acceptance of fee by way of Indian Postal Order or insistence that the demand draft/banker's
cheque/Indian Postal Order should be drawn in the name of any officer other than the
Accounts Officer of the public authority is not in line with the provisions of the Rules.
4
4. Section 6 (1) provides that a person, who desires to obtain any information under the
Act, shallmake 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 being made. The Act or Rules notified
.by the Government do not prescribe any format of application for seeking information. Non-
acceptance of an application on the ground that it is not in prescribed format is against the
provisions of the Act.
5. In view of above facts, all the public authorities may ensure that:
(i) Central Public Informati9I1 Officers/Central Assistant Public Information Officers
are designated immediately, if it has not been done so far. Details of these officers
may also be posted on the website;
(ii) Fee paid by any of the modes prescribed in the Rules including by way of Indian
Postal Order is accepted;
(iii) Demand draft/Banker's Cheques/IPOs made payable to the Account Officer of the
public authorities are accepted: and
(iv) Applicatioll$ submitted by the applicants are not refused on the ground that it has
not been submitted in prescribed format.
6. Contents of this OM may be brought to the notice of all concerned.
(K.G Verma)
Director
To
1. All Ministries/Departments of Government of India.
2. Department of Economic Affairs (Banking Division), New Delhi
3. Department of Economic Affairs (Insurance Division), New Delhi
4. Departm~t of Public Enterprises, New Delhi
5. Railway Board
6. Union Public Service Commission / Supreme Court of India / Election Commission
/ Lok Sabha Secretariat / Rajya Sabha Secretariat / Cabinet Secretariat / Central
Vigilance Commission / President's Secretariat / Prime Minister's Office / Planning
Commission.
7. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi
8. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi
9. 200 spare copies.
5
No.10/23/2007-IR
Government of India
New Delhi, the 9th July, 2007
OffiCE MEMORANDUM
Subject: Disposal of first appeals under the RTI Act, 2005.
The undersigned is directed to say that the Central Information Commission has brought
to the notice of this Department that in some cases,
(i) The first Appellate Authorities under the Right to Information Act do not dispose
off the appeals within the time frame prescribed by the Act;
(ii) The Appellate Authorities do not examine the appeals judiciously and express their
agreement with the decision of the Central Public Information Officer mechanically;
(iii) The Central Public Information Officers do not comply with the directions of the
first Appellate Authority to furnish information to the appellant.
2. Section 19(6) of the RTI Act provides that the first Appellate Authority should dispose
off the appeal within thirty days of the receipt of the appeal. In exceptional cases, the appellate
authority may take forty five days to dispose off the appeal subject to the condition that he
shall record in writing the reasons for delay in deciding the appeal. Therefore, each first
appellate authority should ensure that an appeal received by him is disposed off within 30
days of the receipt of the appeal. If, in some exceptional cases, it is not possible to dispose off
the appeal within 30 days, its disposal should not take more than 45 days. In such cases, the
appellate authority should record, in writing, the reasons for not deciding the appeal within
30 days.
3. Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary
that the appellate authority should see to it that the justice is not only done but it should also
appear to have been done. In order to do so, the order passed by the appellate authority
should be a speaking order giving justification for the decision arrived at.
6
4. If an appellate authority comes to a conclusion that the appellant should be supplied
information in addition to what has been supplied to him by the CPIO/ he may either (i) pass
an order directing the CPIO to give such information to the appellant; or (ii) he himself may
give information to the appellant while disposing off the appeal. In the first case.the appellate
authority should ensure that the information ordered by him to be supplied is supplied to
the appellant immediately. It would, however, be better if the appellate authority chooses
the second course of action and he himself furnishes the information alongwith the order
passed by him in the matter.
5. The Central Information Commission has also pointed out that some of the Ministries/
Departments have appointed very junior officers as appellate authorities who are not in a
position to enforce their orders. The Act provides. that the first appellate authority would be
an officer senior in rank to the CPIO. Thus/ the appellate authority, as per provisions of the
Act, would be an officer in a cOII\DlaJ\ding position vis-a-vis the CPIO. Nevertheless, if/in
any case/ the CPIO does not implement the order passed by the appellate authority and the
appellate authority feels that intervention of higher authority is required to get his order
implemented, he should bring the matter to the notice of the officer in the public authority
competent to take against action the CPIO. Such competent officer shall take necessary action
so as to ensure implementation of the provisions of the RTI Act.
6. Contents of this OM may be brought to the notice of all concerned
(I<.G. Verma)
Director
To
1. All the Ministries / Departments of the Government of India

2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/Cabinet
Secretariat/ Central Vigilance Commission / President's Secretariat/ Vice-President's
Secretariat! Prime Minister's Office/ Planning Commission / Election Commission
3. Staff Selection Commission, CGO Complex, New Delhi
4. Office of the Comptroller & Auditor General of India/ 10/ Bahadur Shah zafli.r Marg,
New Delhi.
5. All officers/Desks/Sections, Department of Personnel & Training and Department of
Pension & Pensioners Welfare.
7
No.l/12/2007-IR
Government of India
New Delhi, the 31 st July, 2007
OFFICE MEMORANDUM
Subject: Preparation ofInventory ofPublic Authorities under RTf Act, 2005.
The Second Administrative Reforms Commission in its First report has inter-alia made
the following recommendati'?ns:
(i) At the Government of India level, the Department of Personnel & Training has been
identified as the nodal department for implementation of the RTI Act. This nodal
department should have a complete list of all Union Ministries/Departments, which
function as public authorities.
(ti) Each Union Ministry/Department should also have an exhaustive list of all public
authorities, which come within its purview. The public authorities coming under
each Ministry/Department should be classified into (i) constitutional bodies (ti) line
agencies (iii) statutory bodies (iv) public sector undertakings (v) bodies created under
executive orders (vi) bodies owned, controlled or substantially financed and (vii)
NGOs substantially financed by Government. Within each category an up-to date
list of all public authorities has to be maintained.
(iii) Each public authority should have the details of all public authorities subordinate to
it at the immediately next level. This should continue till the last level is reached. All
these details should be made available on the websites of the respective public
authorities, in a hierarchical form.
(iv) A similar system should also be adopted by the States.
2. The Government has considered the above recommendations and decided to accept
the same. A list of all Union Ministries/Departments has already been posted on the RTI
Portal (www.rti.gov.in). All the Ministries/Departments are requested to prepare an
exhaustive list of all the public authorities under them. These authorities may suitably be
classified into attached offices, subordinate offices, autonomous bodies, public sector
undertakings, constitutional bodies, statutory bodies etc. The Ministries/Departments may
also prepare the list of NGOs which receive grant from them and fall within the definition of
8
'public authority'. The lists of public authorities so prepared may b'e uploaded by the
concerned Ministries/Deparbnents on the RTI Portal and kept updated.
3. It is also requested that the Ministries/Departments may issue instructions to all.the

public authorities under them to take action as per the recommendation of the Administrative
Reforms Commission contained in clause (iii) of para 1 above.
(K.G. Verma)
Director
To
1. All the Ministries / Deparbnents of the Government of India
2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission / President's Secretariat/ Vice-President's
Secretariat/ Prime Minister's Office/ Planning Commission / Election Commission
New Delhi.

9
No. 1O/20/2006-1R
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block New Delhi

Dated: the 21st September, 2007
OFFICE MEMORANDUM
Subject: Disclosure ofAnnual Confidential Reports under the RTI Act, 2005.
.The undersigned is directed to say that a number of applications are received under the
Right to Information Act, 2005 requesting for supply of copies of Annual Confidential Reports
(ACRs) of employees. The matter regarding disclosure of the ACRs under the Act has been
examined in consultation with the Deparhnent of Legal Affairs.
2. Clause (j) of sub-section (1) of section 8 of the RTI Act provides that there is no obligation
to give any citizen an information which relates to personal information and disclosure of
which has no relationship to any public activity or interest, or which would cause unwarranted
invasion of privacy of the individual unless the Public Information Officer or the Appellate
Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure
of such information. An ACR contains information about the character, capability and other
attributes of the official reported upon, disclosure of which to any other person amounts to
cause unwarrant:d invasion of the privacy of the individual. Besides, an ACR, as its name
suggests, is a confidential document. The Official Secrets Act, 1923 is not completely superseded
by the Right to Information Act. Sub-section (2) of Section 8 of the RTI Act, 2005 gives a
discretion to the public authority to disclose or not to disclose the ACRs of an officer to himself
or to any other applicant.
3. It is clear from the above discussion that the public authority is not under obligation to
disclose ACRs of any employee to the employee himself or to any other person inasmuch as
disclosure of ACRs is protected by clause G) of sub-section (1) of Section 8 of the RTI Act; and
an ACR is a confidential document, disclosure of which is protected by the Official Secrets
Act, 1923. However, the public authority has a discretion to disclose the Annual Confidential
Reports of an employee to the employee himself or to any other person, if the public authority
is satisfied that the public interest in disclosure outweighs the harm to the protected interests.
If it is felt that public interest in disclosure of ACR of any employee outweighs the protected
interests, decision to disclose the ACRs should be taken with the approval of the competent
10
authority. Competent authority in the matter ~y be decided by the concerned public
authority.
(K.G. Verma)
Director .
Tel. No. 23092158
To
Secretariat/ Central Vigilance Commission/President's Secretariat/ Vice-President's
Secretariat/ Prime Minister's Office/ Planning Commission / Election Commission
3. Central Information Commission/State Information Commissions.
4. Staf Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah zafar Marg,
New Delhi.

11
No.l/18/2007-IR
Government of India
New Delhi, the 21st September, 2007
OFFICE MEMORANDUM
Subject: Maintenance of records and publication of information under the Right to

Information Act, 2005.
Section 4 of the Right to Information Act, 2005 sets out a practical regime of transparency
in the working of the public authorities by way of disclosure of as much information to the
public as possible, suo-motu so that the public may not have to resort to section 6. It is an
important part of the Act observance of which is essential for its effective implementation.
2. Clause (a) of sub-section (1) of the section 4 makes it obligatory for every public authority
to maintain all its records duly catalogued and indexed. Record management in accordance
with this provision is an important step to enable the Public Information Officers to furnish
information sought under the Act. The clause also requires the public authority to have its
records computerized and connected through a network all over the country. The public
authorities are expected to complete the requirements of this clause on top priority.
3. Clause (b) of the sub-section ibid mandates the public authorities to publish the
information mentioned therein within one hundred and twenty days from the date of
enactment of the Act. It is expected that all public authorities would have complied with this
requirement already. If it has not been done, its compliance may be ensured without any
further delay. Information so published should also be updated every year as provided in the
Act.
4. It is obligatory for all the public authorities under clause (c) of sub section
(1) of section 4 of the Act to publish all relevant facts while formulating important policies
and announcing decisions affecting the public. They, under clause (d), are also obliged to
provide reasons or their administrative or quasi judicial decisions to the affected parties.
5. Section4 of the Act requires wide dissemination of every information required to be
disclosed suo motu in such form and manner which is accessible to the public. Dissemination
may be done through notice boards, news papers, public announcements, media broadcasts,
the internet or any other means. While disseminating the information, the public authority
should take into consideration the cost effectiveness, local language and the most effective
method of communication in the concerned local area. The information should be, to the
12
extent possible, available with the Public Information Officer in the electronic format which
could be made available free of cost or at such price as may be prescribed. A copy of the
document published, referred to in para 3, and also the copies of publications referred to in
para 4 above, should be kept with an officer of the public authority and should be made
available for inspection by any person desirous of inspecting these documents.
6. All the Ministries/Departments etc. are requested to comply with the above referred
requirements of the Act and also to issue necessary instructions to the public authorities under
them for compliance of the same.
(K.G, Verma)
Director
Tel: 23092158
1. All the Ministries / -Departments of the Government of India

2. Union PUblic Service"Commission/Lok Sabha Sectt./ Rajya Sabha Secretariat/ Cabinet
Secretariat/ CentraJ. Vigilance Commission/ President's Secretariat/ ~ice-President's
i Secretariat/' Prime Minister's Office/ Planning Commission/Electi?nCommission
4. Staff Selection Commission, CGO Complex New Delhi
New Delhi.
13
No.4/16/2007-IR
Government of India
(Department of Personnel & Training)
North Block, New Delhi,

Dated: the 5th October, 2007
To
The Secretaries of all
State Information Commissions
Subject: Foreign Visits of the State Chief Information Commissioners and Information
Commissioners - Clarifications regarding.
****
Sir,
I am directed to say that a question has been raised whether the State Chief Information
Commissioners and the State Information Commissioners are required to obtain the approval
of this Department for going abroad on official visit.
2. Decision regarding foreign visit of the State Chief Information Commissioner and other
State Information Commissioners of a State may be taken by the Governor of that State.
Approval of this Department in the matter is not required. However, clearance from the Central
Ministry of Home Affairs, the Ministry of External Affairs etc. may be obtained as per extant
instructions.
Yours faithfully
(K.G. Verma)
Director
14
No.1I14/2007-IR .
Government of India
New Delhi, the 31st October, 2007
OFFICE MEMORANDUM
Subject: Disclosure ofinformation relating to occurrence/event/matter which took place

20 years back.
Attention is invited to sub-section (3) of section 8 of the Right to Information Act, 2005
(Act) which provides that 'subject to the provisions of clauses (a), (c) and (i) of sub-section
(1), any information relating to any occurrence, event or matter which has taken place, occurred
or happened twenty years before the date on which any request is made under Section 6 shall
be provided to any person making a request under that section'. References have been received
in this Department seeking clarification whether the above provision of the Act requires all
the records to be preserved for more than a period of 20 years. The Second Administrative
Reforms Commission, in its First Report titled the 'Right To Information - Master Key·to
Good Governance', has also expressed an apprehension about interpretation of the above
provision with reference to the retention schedule of the files.
2. The RTI Act does not prescribe a record retention schedule. The records are to be retained
by a public authority as per the record retention schedule applicable to that public authority.
It is, however, important to note that weeding out of a file or any other record does not
necessarily result into destruction of all the information contained in that file or record. It is
possible that information generated in a file may be available in the form of an OM or a letter
or in any other form even after the file has been weeded out. The above referred provision 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. It means that the
informationwhich, in normal course, is exempt from disclosure under sub-section (1) ofSection
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;
15
(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.
(K.G. Verma)
Director

2. Union Public Service Commission/ Lok Sabha Sectt. / Rajya Sabha Sec ret a ria t /
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-
President's Secretariat/ Prime Minister's Office/ Planning Commission/Election
Commission.
New Delhi.
Copy to: Chief Secretaries of all the States/UTs.
16
No. l/8/2007-IR
Government of India
New Delhi, the 8th November, 2007

OFfICE MEMORANDUM
-
Subject: Guidelines for information.seekers under the Right to Information Act, 2005.
The undersigned is directed to say that this Department, soon after the enactment of the
Right to Information Act, 2005, had posted reply to some 'Frequently Asked Questions'
regarding implementation of the Act on its website (http://righttoinformation.gov.in/) so
as to enable smooth exercise of the right to information by persons who wish to do so. A
number of references have since been received which would show that there is a need to issue
further guidelines elaborating some provisions of the Act and method of its use by the general
public. The guidelines have, accordingly, been prepared for the information seekers, a copy
of which is enclosed. It is requested that these guidelines may be given wide publicity.
(K.G. Verma)
Director
Tel: 23092158
To
1. All the Ministries / I?epartments of the Government of India
2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Sec ret a ria t /
Cabinet Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-
President's Secretariat/ Prime Minister's Office/ Planning Commission/Election
Commission.
3. Staff Selection Commission,CGO Complex, New Delhi
4. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, .
New Delhi.
17
\
GUIDE FOR THE INFORMATION SEEKERS
HOW TO GET INFORMATION
FROM THE PUBLIC AUTHORITIES OF THE CENTRAL

GOVERNMENT
UNDER
THE RIGHT TO INFORMATION ACT, 2005
Government of India
North Block, New Delhi
18
51. No. Contents Page No.
1. Foreword 1
2. Object of the Right to Inforination Act 2
3. What is Information 2
4. Right to Information under the Act 2-3
5. Exemptions from DisclOsure 3
6. Central Public Information Officers 3-4
7. Assistance Available From CPIOs 4
8. Suo Motu Disclosure 4
9. Method of Seeking Information 4
10. Fee for Seeking Information 4-5
11. Format of Application 5
12. Disposal of the Request 5-6
13. First Appeal 6-7
·14. Second Appeal 7
15. Complaints 8
16. Disposal of Appeals and Complaints by the CIC 8
17. Important Web-sites 8
19
FOREWORD
The Right to Information Act, 2005 has converted the prevailing culture of secrecy into a
culture of openness and transparency in the working of the Government. It will go a long
way in strengthening our democratic institutions, empowering the public, removing corruption
and greater involvement of citizens in the development of the nation.
This compilation explains the method of making application for seeking information from
the public authorities under the Central Government, the procedure for preparing appeals
and the steps for filing complaints in the matter and other related issues. The contents of this
document would apply mostly in connection with getting information from the public
authorities of the State Governments as well. Nevertheless, since there are different fee rules
and appeal rules in different States, the States may like to bring out their own guide on the
subject on similar lines.
I wish the Right to Information Act is made use of by the public for larger public good.
(Satyananda Mishra)
Secretary
Department of Personnel & Training,
Ministry of Personnel, Public
Grievances and Pensions
New Delhi
Dated: the 8th November, 2007
20
A GUIDE~OR THE INFORMATION SEEKERS UNDER THE
RIGHT TO INFORMATION ACT, 2005.
Object of the Right to Information Act

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. An informed citizenry will be better
equipped to keep necessary vigil on the instruments of governance and make the government
more accountable to the governed. The Act has created a practical regime through which the
citizens of the country may have access to information Under the control of public authorities.
What is Information
. 2. Information is any material in any form. It includes records, documents, memos, e-
mails, opinions, advises, 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.
Right to Information under the Act

3. 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;
taking certified samples of material held by the public authority or held under the control of
the public authority. "
4. The public authority under the RTI Act. 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. Only such information can be had under the Act which already
exists with the public authority.
5. A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through print-6uts.provided informaion is already
stored in a computer or in any other device from which the information may be transferred to·
~kettes~. .
6. The information to the applicant shall ordinarily be provided in the form in which it is,
s~ught. H.owever, ~f the supply of .information sought in a particular form would
~proportionately.divert the resources of the public authority or may cause hium to the
safety or preservation of the records, supply of information in that form may be denied.
21,
7. 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. who is also a citizen of
India, informaion shall be supplied to him/her, provided the applicant gives his/her full
name. In such cases, it will be presumed that a citizen has sought information at the address
of the Corporation etc.
Exemptions from Disclosure

8. The right to seek information from a public authority is not absolute. Sections 8 and 9 of
the Act enumerate the categories of information which are exempt from disclosure. At the
same time Schedule II of the Act contains the names of the Intelligence and Security
Organisations which are exempt from the purview of the Act. The exemption of the
organisations, however, does not cover supply of information relating to allegations of
corruption and human rights violations.
9. The applicants should abstain from seeking information which is exempt under Section
8 and 9 and also from the organizations included in the Second Schedule except information
relating to allegations of corruption and human rights violations.
Central Public Information Officers

10. Application for seeking information should be made to an officer of the public authority
who is designated as Central Public Information Officer (CPIO). All the public authorities
have designated their Central Public Information Officers and have posted their particulars
on their respective web-sites. This information is also available on the 'RTI PORTAL'
(www.rti.gov.in). Persons seeking information are advised to refer to the web-site of the
concerned public authority or the 'RTI PORTAL' for ascertaining the name of the concerned
CPIO. If it is found difficult to identify or locate the concerned Central Public Information
Officer of a public authority, application may be sent to the Central Public Information Officer
without specifying the name of the CPIO at the address of the public authority.
Assistance Available From CPIOs

11. The Central Public Information Officer shall render reasonable assistance to the persons
. .tin h may seek the help
seeking information. If a person is unable to make a request m wn .g, e .
of the CPIO to write his application. Where a decision is taken to gIVe access to a s.ensorilJ;
disabled person to any doc~ent, ~en~all
the P:c ~::;~o:~:~::~:~~::~d;e:~on
assistance to enable access to infonnation, mc u g p
as may be appropriate for the inspection.
22
Suo Motu Disclosure
12 The Act makes it obligaforyfor every public authority to make suo-motu disclosure
in respect of the particulars of its organization, functions, duties etc. as provided in section 4
of the Act. Besides, some public authorities under the Central Government have published .
other information and have posted them on their websites.
Method of Seekhtg ~ormation

13. A citizen who desires to obtain any information under the Act, should make an
application to the Central Public Information Officer (CPIO) of the concerned public authority
in writing in English or Hindi or. in the offi.cia1language of the area in which the application
is made. 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 a Central Assistant Public Information Officer appointed by the Department of Post
at sub-divisiona1level or other sub-district level.
Fee for Seekhtg Information

14. The applicant, along with the application, should send 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 Central Assistant
Public Information Officer against proper receipt.
15. The applicant may also be required to pay further fee towards the cost of providing
the ~tion, details of which shall be intimated to the applicant by the CPIO as pn!scrlbed
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 inspection of records, no fee for the firsthour; and a fee of rupees five (Rs.5/-) for
each subsequent hour (or fraction thereof);
(e) for information provided in diskette or floppy rupees fifty (Rs.50/-) per diskette or
floppy; and
(j) 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.
16. 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
23
-------------------------------
poverty line. The application not accompanied by the prescribed fee of Rs.lO/- 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 and therefore, does not entitle the applicant to get information.
Format of Application
17. There is no prescribed form 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.
18. The information seeker is not required to give reasons for seeking information.
Disposal of the Request

19. The CPIO is required to provide information to the applicant within thirty days of the
receipt of a valid application. If the information sought for concerns the life or liberty of a
person, the information shall be provided within forty-eight hours of the receipt of the request.
If the CPIO is of the view that the information sought for cannot be supplied under the
provisions of the Act, he would reject the application. However, while rejecting the application,
he shall inform the applicant the reasons for such rejection and the particulars of the appellate
authority. He would also inform the applicant the period within which appeal may be
preferred.
20. If an applicant is required to make payment for obtaining information, in addition to
the application fee, the Central Public Information Officer would inform the applicant about
the details of further fees alongwith the calculation made to arrive at the amount payable by
the applicant. After receiving such a communication from the CPIO, the applicant may deposit
the amount by way of cash against proper receipt or by Demand Draft or by Banker's cheque
or by Indian Postal Order in favour of the Accounts Officer of the concerned public authority.
The CPIO is under no obligation to make available the information if the additional fee
intimated by him is not deposited by the applicant.
21. Where an additional fee is required to be paid, the period intervening between the
dispatch of the intimation regarding payment of additional fee and payment. of fee by the
applicant shall be excluded for the purpose of computing the period of thirty days within
which the CPIO is required to furnish the information.
22. If the CPIO fails to send decision on the request on the information within the period
of thirty days or forty-eight hours, as the case may be, the information may be deemed to
have been refused.
First Appeal
23. 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
24
prefer an appeal to the first appellate authority who is an officer senior in rank to the CPIO.
Such an appeal, should be filed within a period of thirtydays 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 CPIO is received.
24. 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.
Second Appeal
25. 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 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. 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 Central Public Information Officer against the decision of
whom the appeal is preferred;
(iii) Particulars of the order including number, ifany, 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 Central 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.
26. 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.
Complaints
27. If any person is unable to submit a request to a Centr.al Public Information Officer
either by reason that such an officer has not been appointed by the concerned public authority;
25
or the Central Assistant Central Public Infonnation Officer has refused to accept his or her
application or appeal for forwarding the same to the Central Public Infonnation Officer or
the appellate authority, as the case may be; or he has been refused access to any infonnation
requested by him under the RTI Act; or he has not been given a response to a request for
infonnation 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 Central
Infonnation Commission.
Disposal of Appeals and Complaints by the CIC

28. The Centrallnfonnation Commission decides the appeals and complaints and conveys
its decision to the appellant/complainant and first appellate authority/CPIO. 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 CPIO
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
infonn of 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 may opt not to be
present.
Important Web-sites
29. Given below are the addresses of some important web-sites which contain substantial
infonnation relevant to the right to information:
(i) Portal of the Government of India (http://indiaimage.nic.in).
(ii) Portal on the Right to Infonnation (www.rti.gov.in).
(iii) Website of the Centrallnfonnation Commission (http://cic.gov.in).
26
No.l/24/2007-IR
Government of India
(Department of Personnel & Training) .

OFFICE MEMORANDUM
Subject: Designation of the Central Public Information Officers in the Organisations specified
in the second schedule of the Right to Information Act, 2005.
The undersigned is directed to say that sub-section (1) of Section 24 of the BTl Act, 2005 provides
that nothing contained in the Act shall apply to the intelligence and security organizations specified
in the Second Schedule or to any information furnished by such organizations to the Government.
However, this provision does not exempt these organizations from the purview of the Act in respect
of the information pertaining to the allegations of corruption and human rights violations. Thus, the
citiz.ens have a right, though limited, to seek information from these organizations. Therefore, it is
necessary that these organizations too designate Centrlil Public Information Officers to deal with the
BTl applications.
2. The Act does not contain any special ~on about the method of supply of information in
respect of allegations of corruption by the above referred: organizations. It, however, provides that
information in respect of allegations of violation of human rights shall be given only after the approval
of the Central Information Commission. In either case, it is possible that the applicant may not receive
a decision within the time specified or he may be aggrieved by the decision communicated to him. In
such a case, he may like to exercise his right to appeal as provided in section 19 of the Act.
3. Keeping above facts in view, all the organizations specified in the Second Schedule of the BTl
Act, 2005 are advised to desigriate Central Public Information Officers (CPIO) immediately, if it has
not been done so far. These organization are also advised to specify the First Appellate Authorities
within the organizations and publish the details of the ePIOs and the Appellate Authorities.
(KG. Verma)
Director
Organisatioits specified in the Second Schedule °of the.BTl Act, 2005. Copy to:
1. All·the Ministries / Departments of the Government of India
2. Union Public Service Commission/10k Sabha Sectt./ Rajya Sabha Secretariat! Cabinet
Secretariat/ Central Vigilance Commission/ President's Secretariat! Vice-President's
Secretariat/ Prime Minister's Office/ Planning Commission/Election Commission.
4. Staff Selection <:ommission, CGO Complex, New Delhi
5. 0/0 the Comptroller & Auditor General of India, 10, Bahadm Shah Zafar Mug, New Delhi.
6. All officers/Desks/Sections, OOP&T and Department of Pension & Pensioners Welfare.
No.l/33/2007-IR
Government of India

OFFICE MEMORANDUM
Subject: Updating of Records- Recommendations of the Second Administrative Reforms

Commission.
The undersigned is directed to say that with a view to ensuring proper maintenance of
records, the Right to Information Act, 2005, mandates that every public authority shall maintain
all its records duly catalogued and indexed in a proper manner. The Second Administrative
Reforms Commission, in its First Report (June 2006), 'Right to Information
Master Key to Good Governance', has observed that the weakest link in our information
system is the neglect of record keeping. The Commission has recommended that, as a one
time measure, the Government of India should earmark 1% of the funds of all Flagship
Programmes for a period of five years for updating records, improving infrastructure, creating
manuals and establishing the Public Records Offices.
2. The maintenance and updating of records is a continuing process which every public
authority is obligated to do. Improving the infrastructure and bringing out the necessary
manuals are also continuing processes, and the responsibility of the concerned public
authorities. All the public authorities should update their records, improve their
infrastructure, bring out necessary manuals from within their resources. They may make
specific budgetary provision for the purpose as per their requirement.
(K.G. Verma)
Director

2. Union Public Service Commission/ Lok Sabha Sectt. / Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice- President's
New Delhi.
28
No.l/32/2007-IR
Government of India

OFFICE MEMORANDUM
Subject: Creation ofa Central Point for receiving applications and designation of appellate
authorities under the Right to·Information Act, 2005.
The undersigned is directed to say that the sub-section (1) of Section 5 of th~ Right to
Information Act, 2005 mandates all public authorities to designate as many Public Information
Officers as necessary to provide information under the Act. The Second Administrative
Reforms Commission in its First Report Oune 2006) has observed that 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, and the applicants would
also face problem in identifying the officer senior in rank to the PIO to whom an appeal under
sub-section (1) of Section 19 of the Act can be made. (For convenience such an officer is termed
as the First Appellate Authority). The Commission has, inter-alia, recommended that all
Ministries/ Departments/Agencies/Offices, with more than one PIO, should designate a
Nodal Officer with the authority to receive requests for information on behalf of all PIOs. The
Commission has also recommended that all the public authorities should designate the First
Appellate Authorities.
2. It is, therefore, requested that 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 sl10uld be made
responsible to ensure $at all the RTI applications/appeals received at the central point are
sent to the concerned Public Information Officers/Appellate Authorities, on the same day.
For instance, the RTI applications/appeals may be received in the Receipt and Issue Section/
Central Registry Section of the Ministry/Department /Organsiation/Agency and distributed
to the concerned PIOs/Appellate Authorities. The R&I/CR Section may maintain a separate
register for the purpose. The Officer-in-Charge/Branch Officer of the Section may ensure
that the applications/appeals received are distributed the same day.
3. 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 to the person making
the request the particuIars of the Appellate Authority. Thus, the applicant is informed about
29
the particulars of the Appellate Authority when a request for information is rejected. 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 cases 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. It has, therefore, been decided that all the
public authorities shall designate the First Appellate Authorities and publish their particulars
alongwith the particulars of the PIOs.
4. All the Ministries/Departments etc. are requested to issue instructions to all concerned
to take action accordingly.
(K.G. Verma)
Director

2. Union Public Service Commission/ Lok Sabha Sectt. / Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-President's
New Delhi.
30
No.l/26/2007-IR
Government of India
.

Dated: the 9th January, 2008
To
. Chief Secretaries of all the States/UTs
Subject: Involving Non-Governmental Organisations for spreading awareness about the

RTI Act, 2005.
Sir,
I am directed to say that clause (a) of sub-section (1) ofSection 26 of the Right to Information
Act, 2005 casts a responsibility on the Governments of States to develop and organize
educational programmes to advance the understanding of the public about exercise of their
right to information. It is a gigantic task which requires involvement of various sections of
society. Non- Governmental Organisations are providing various kinds of services to the
people and creating awareness amongst them. They come in close contact with the public
and may play an important role in disseminating knowledge about the use of the Right to
Information Act. You are, therefore, requested to involve the NOn-Governmental Organisations
working in your State to spread awareness about the Act.
Yours faithfully,
(K.G. Verma)
Director
31
No.1/69/2007-IR
Government of India
. Department of Personnel & Traiirlng
Dated: the 27th February, 2008
OFFICE MEMORANDUM
Subject: Guidelines for the officers designated as Central Public Information Officer
under the Right to Information Act, 2005.
The undersigned is directed to say that the Central Public Information Officer (ePIO) of a
public authority plays an important role in effective implementation of the provisions of the
Right to Information Act, 2005. At the same time, he is liable for penalty in case of default in
performance of duties assigned to him by the Act. It is, therefore, crucial for a CPIO to study
the Act carefully and understand its proviSions correctly. This Department has prepared a
'Guide' which clarifies some of the important aspects of the Act relating to the functions of the
CPIOs. The Guide so prepared is enclosed as Annexure. .
2. The Act provides that a CPIO may seek the assistance of any other officer for proper
discharge of his/her duties. Such other officer would be deemed to be a CPIO and would be
liable for contraventions of the provisions of the Act the same way as the CPIO himself. Since
the ePIO may seek the assistance of any officer, it is desirable for all the officers to acquire
necessary knowledge about the provisions of the Act, which a CPIO should have. The Guide
would help them in this task.
3. All Ministries/Departments etc. are requested to bring the contents of the Guide to the
notice of all concerned.
(K.G. Verma)
Director
Tel: 23092158
To
1. All Ministries / Departments of Govt. of India
2. Union Public Service Commission / Lok Sabha Secretariat / Rajya Sabha Secretariat/
Cabinet Secretariat / Central Vigilance Commission/President's Secretariat/Vice-
President's Secretariat/Prime Minister's Office/Planning Commission
3. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
New Delhi. .
5. Central Information Commission/State Information Commiss~ons.
32
ANNEXURE
(OM No.Y69I2OO7-IR dated the 27th February, 20(8)
A GUIDE FOR TIlE CENTRAL PUBLIC INFORMATION OFFICERS
The Right to Information Act, 2005 emP9wers citizens to get information from any 'public
authority'. The Central Public Information Officer (ePIO) of a public authority plays a pivotal
role in making the right of a citizen 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 CPIO to
stUdy the Act carefully and understand its provisions correctly. Following aspects should
particularly be kept in view while dealing with the applications under the Act.
What is Information
2. Information is any material in any form. It includes records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,
to any private body whi~ can be accessed by the public authority under any law for the time
being in force.
Right to Information under the' Act

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.
4. 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.
5. A citizen has a right to obtain an 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 from which the information
may be transferred to diskettes etc.
6. 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 informationin that form may be denied.
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/
33
•
her. In such cases, it would be presumed that a citizen has sought information at the address
8. Only such infonnation is required to be supplied under the Act which already exists
and is held by ~public authority or held under the control of the public authority. The
CPIO is not supposed to create information; or to interpret information; or to solve the problems
raised by the applicants; or tJJ furnish replies ro-hypothetical questions.
Information Exempted Fro~ Disclosure

9. 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 hann to the protected interest.
Further, sub-section (3) of section 8 provides that information exempt from disclosure under
sub-section (1), except as provided in clauses (a), (c) and (i) thereof, would cease to be exempted
after 20 years from the date of occurrence of the related event etc.
10. It may be noted that section 8(3) of the Act does,not require the public authorities to
retain records for indefinite period. The records should be retained as per the record retention
schedule applicable to the concerned public authority. Infol'll'Uition generated in a file may
survive in the form of an OM or a letter or in any other fonn ~ven after destruction of the file/
record. The Act requires furnishing of information so available after the lapse of 20 years
everi if such information was exempt from disclosure under sub-section(l) of Section 8. It
means that the information which, in normal Course, is exempt from disclosure under sub-
sectionO) 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
(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-sectionO) of Section 8 of the Act.
Right to Information Vis-a-Vis other Acts

11. The RTI Act has over-riding effect vis-a-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.
34
--------
Rendering Assistance to Applicants
12. The Central Public Information Officer has a duty to render reasonable assistance to
the persons seeking information. As per provisions ofthe 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 Central Public Information
Officer should render reasonable assistance to him to reduce the same in writing.
13. Where access to a record is required to be provided to a sensorily disabled person, the
Central Public Information Officer should provide assistance to such person 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 CPIO

j 14. The Central Public Information Officer may seek the assistance of any other officer as
te or she considers necessary for the proper discharge of his or her duties. The officer, whose
assistance is so sought by the CPIO, would render all assistance to him. Such an officer shall
be deemed to be a Central Public Information Officer and would be liable for contravention .
of any provisions of the Act the same way as any other Central Public Information Officer. It
would be advisable for the CPIO to inform the officer whose assistance is sought, about the
above provision, at the time of seeking his assistance.
Suo Motu Disclosure

15. The Act makes it obligatory for every public authority to make suo-motu disclosure in
respect of the particulars of its organization, functions, duties and other matters, as provided
in section 4 of the Act. The information so published, according to sub-section (4) of section 4,
should be easily accessible with the CPIO in electronic format. The CPIO should, therefore,
make concerted efforts to ensure that the requirements of the Section 4 are met and maximum
information in respect of the public authority is made available on the internet. It would help
him in· two ways. First, the number of applications under the Act would be reduced and
secondly, it would facilitate his work of providing information inasmuch as most of the
information would be available to him at one place.
Fee for Seeking Information

16. An applicant, along with his application, is required to send a demand draft or a banker's
cheque or an Indian Postal Order of Rs.I0/ - ~Rupees ten), payable to the Accounts Officer of
the public authority as fee prescribed for seeking information. He can also make payment of .
fee by way of cash to the Accounts Officer of the public authority or to the Central Assistant
Public Information Officer against proper receipt.
17. Additional fee has been prescribed by the Right to Information (Regulation of Fee and
Cost) Rules, 2005 for supply of information as given below:
35
I
(a) rupees two (Rs. 2/-) for each page (in A-4 or A-3 size paper) created or copied;
(c) . actual cost or price for samples or models;

(d) for inspection of records, no fee for the first hour; and a fee of rupees five (Rs.5 1-) for
floppy;
and
if) for information provided in printed form at the price .fixed for such publication or
18. 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 hOt accompanied by the prescibed fee of Rs.101- 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 and, therefore, does not entitle the applicant to get information.
Contents and Format of Application
19. An applicant making request for information is not required to give any reason for
requesting the information or any other personal details except those that may be necessary
for contacting him. Also, the Act or the Rules do not prescribe any format of application for
seeking information. Therefore, the applicant should not be asked to give justification for
seeking information or to give details of ~ job etc. or to submit application in any particular
form.'
Invalid Applications
20. Soon after receiving the application, the ePIO should check whether the applicant has
made the payment of application fee of Rs. 10 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 a valid application under the RTI Act and may
be ignored.
Transfer of Application
21. ,If the application is accompanied by the prescribed fee or the Below Poverty Line
Certificate, the CPIO 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 public authority. While
transferring the application or sending a copy thereof, the cor<cerned public authority should
be informed that the application fee has been received. The applicant should also be informed
36
about the transfer of his application and the particulars of the public authority to whom the
application or a copy thereof has been sent.
22. 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 CPIO
transfers an application after fi~e days from the receipt of the application, he. would be
responsible for delay in disposing of the application to the extent of number of days which he
takes in transferring the application beyond 5 days.
23. The CPIO 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.
24. A public authority may designate as many CPIOs for it, as it may deem necessary. It is
possible that in a public authority with more-than one cpiO, an application is received by the
CPIO other than the concerned CPIO. In such a case, the CPIO receiving the application should
transfer it to the concerned CPIO 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 CPIO to another in
the same public authority.
Supply of Information
25. The answering CPIO 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.
26. Where a request for information is rejected, the Central Public Information Officer
should communicate to the person making the request.
(j) 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.
27. If additional fee is required to be paid by the applicant as provided in the Right to
. Information (Regulation of Fee and Cost) Rules, 2005, the Central Public Information Officer .
should inform the applicant:
(j) 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.
37
Supply of Part Information by Severance
28. 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 Central 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 CPIO 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

29. The CPIO 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.
30. Every public authority is required to designate an officer at each sub-divisional level
or other sub-district level as a Central As.sistant Public Information Officer (CPAIO) to receive
the applications or appeals under the Act for forwarding the same to the Central Public
Information Officer or the first Appellate Authority or the Central Information Commission.
If request for information is received through the CAPIO, the information may be provided
within 35 days of receipt of application by the CAPIO in normal course and 48 hours plus 5
days in case the information sought concerns the life or liberty of a person.
31. In case of an application transferred from one public authority to another public
authority, as referred to in para 21, 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.
32. The Central 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 prescibed for supplying information in regard to allegations
of corruption is the same as in other cases.
33. 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:
38
Sr. Situation Time limit for disposing off
No.. applications
1. Supply ofinformation in normal course. 30 days
2. Supply of information if it concerns the 48 hours
life or liberty of a p". ""n
3. Supply of information if the 05 days shall be added to the time
application is received through period indicated at Sr. No.1 and
CAPIO. 2.
4. Supply of information if application/
request is received after transfer from
another public authority:
(a) In normal course (a) Within 30 days of the receipt
of the application by the
concerned public authority.
(b) In case the information concerns the life (b) Wthin 48 hours of receipt of
or liberty of a person. the application by the
5. Supply of information by organizations
- specified in the Second Schedule:
(a) H information relates to allegations' (a) 45 days from the receipt of
of violation of human rights. application.
(b) Incase information relates to allegations . (b) Within 30 days of the receipt
of corruption. of application.
6. Supply of information if it relates to Should be provided after
third party and the third party has following the procedure
treated it as confidential. given in para 37 to 41 of these
guidelines.
7. Supply of information where the The peiod intervening between
applicant is asked to pay additional fee; informing the applicant about
additional fee and the payment
of fee by the applicant shall be
excluded for calculating the
period of reply.
34. H the CPIO fails to give decision on the request for information within the prescribed
perioc:i, the Central Public Information Officer 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.
Third. party Information

35. Third party in relation to the Act means a person other than the citizen who has made
request for information. Any public authority other than the public authority to whom the
request has been made shall also be included in the definition of third party.
39
36. It may be noted that 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. Section 8(1) (d) requires that such information should not
be disclosed unless the competent authority is satisfied that larger public interest warrants
the disclosure of such information.
37. 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 Centra! Public
Information Officer should consider whether the information should be disclosed or not. The
guiding principle in such cases should be 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 injury to the interests ofsuch third party. However, procedure
as given below should be followed before disclosing such information. It may be noted that
this procedure need be followed only when the third party has treated the information as
confidential.
38. If the CPIO intends to disclose the information, he should within five days from the
receipt of the application, give a written notice to the third party that the information has
been sought by the applicant under the RTI Act and that he intends to disclose the information.
He should request the third party to make a submission in writing or orally, regarding whether
the information should be disclosed. The third party should be given a time of ten days, from the
date of receipt of Ire notire by him, to make representation against the proposed disclosure, if any.
39. The Central Public Information Officer should make a decision regarding disclosure
of the information keeping in view the submission of the third party. Such a decision should
be taken within forty days from the receipt of the request for information. After taking the
decision, the CPIO should give a notice of his decision to the third party in writing. The notice
given to the third party should include a statement that the third party is entitled to prefer an
appeal under section 19 against the decision.
40. The third party can prefer an appeal to the First Appellate Authority against the decision
made by the Central Public Information Officer within thirty days from the date of the receipt
of notice. If not satisfied with the decision of the First Appellate Authority, the third party can
prefer the second appeal to the Central Information Commission.
41. If an appeal has been filed by the third party against the decision of the CPIO to disclose
the third party information, the information should not be disclosed till the appeal is decided.
Appeals and Complaints
42. If an applicant is not supplied information within the prescribed time limit, or is not
satisfied with theinformation furnished to him, he may prefer an appeal to the first appellate
authority who is an officer senior in rank to the CPIO. Such an appeal can be made within a
period of 30 days from the date on which time limit for supply of information expires or the
decision of the CPIO is received. The appellate authority of the public authority is expected to
dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of
40
the receipt of the appeal. If the first appellate authority fails to pass an order on the appeal
within the prescribed period or if the appellate 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 actua1ly received by the appellant.
43. If any person is unable to submit a request to a Central Public Information Officer
either by reason that such an officer has not been appointed by the concerned public authority;
or the Central Assistant Public Information Officer has refused to accept his or her application
or appeal for forwarding the same to the Central 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 Central Information Commission.
Imposition of Penalty
44,. As pointed out above, an applicant under the Act has a right to appeal to the Central
Information Commission and also to make complaint to the Commission. Where the Central
Information Commission at the tqne of deciding any complaint or appeal is of the opinion
that the Central Public Information Officer has without any reasonable cause, refused to receive
an application for information or has not furnished information within the time specified or
malafidely denied the request for information or knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject of the request or
obstructed in any manner in furnishing the information, it shall impose a penalty of two
hundred and fifty rupees each day till application is received or information is furnished
subject to the condition that the total amount of such penalty shall not exceed twenty-five
thousand rupees. The Central Public Information Officer shall, however, be given a reasonable
opportunity of being heard before any penalty is imposed on him. The burden of proving
that he acted reasonably and diligently and in case of denial of a request that such denial was
justified shall be on the Central Public Information Officer.
Disciplinary Action Against CPIO
45. Where the Central Infomlation Commission at the time of deciding any complaint or
appeal is of the opinion that the Central Public Information
,
Officer.has without any reasonable
cause and persistently, failed to receive an application for information or has not furnished
information within the time specified or malafidely denied the request for information or
knowingly given incorrect; incomplete or misleading information or destroyed information
which was the subject of the request or obstructed in any manner in furnishing the information,
it may recommend for disciplinary action against the Central Public Information Officer.
41
Protection for Work Done in Good Faith
46. Section 21 of the Act provides that 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 the Act or any rule made thereunder. A CPIO should, however, note that it would be
his responsibility to prove that his action was in good faith.
Annual Report of the CIC
47. The Central Information Commission prepares a report on the implementation of the
provisions of the RTI Act every year, which is laid before each House of the Parliament. This
report, inter-alia, has to include information about the number of requests made to each
public authority, the number of decisions where the applicants were not entitled to access to
documents requested for, the provisions of the Act under which these decisions were made
and the number of times such provisions were invoked, the amount of charges collected by
each public authority under the Act. Each Ministry/Department is required to collect such
information from all the public authorities under its jurisdiction and send the same to the
Commission. The CPIOs should maintain the requisite information in this regard so that it
may be supplied to their administrative Ministry/Department soon after the end of the year,
which in tum may supply to the Commission.
42
· No.F. 11/12/2008-IR
Government of India
Ministry of Personnel; Public Grievances and.Pensions
-
Department of personnel and Training

Dated the 22nd April, 2008
OFFICE MEMORANDUM
Subject: Transfer of applications under the RTI Act, 2005.
It has been brought to thenotice of this Department that the Central Public Information
Officers of some public authorities transfer the applications received under the Right to
Information Act, 2005 to the Prime Minister's Office in a routine manner when there is just a
mention of the Prime Minister or the Prime Minister's Office in the application. According to
sub-section (3) of section 6 of the RTI Act, if an application is received by a public authority
seeking an information which is held by another public authority or which is more closely
connected with the subject matter relating to another public authority, the public authority
receiving the application should transfer the application to the concerned public authority. It
may be pointed out here that the Prime Minister's Office has been assigned the work of
providing secretariat assistance to the Prime Minister. After a decision is taken in a matter,
the Ministry/Department to which the matter concerns takes further action regarding issue
of orders etc. Naturally, the information in such cases would be available with the concerned
Ministry/Department and not the PMO. The CPIO receiving the application should carefully
see the subject matter in the RTI application and transfer it, if need be, to the concerned public
authority and not to the PMO simply because the applicant has made a reference to the PM or
PMO.
2. All the Ministries/Departments etc. are requested to bring the contents of this OM to
the notice of all the Central Public Information Officers
( K. G. Verma)
Director
Tel. 2309 2158
43
No.1/4/2008-IR
Government of India
Ministry of Personnel, P.G. and Pensions
Deparhnent of Personnel & Training
*****
New Delhi, Dated the 25th April, 2008

,
OFFICE MEMORANDUM
Subject: Guidelines for the public authorities under the Right to Information Act, 2005.
The undersigned is directed to say that the 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 them so as to facilitate the reach of people to information
held by them. This Deparhnent has prepared a 'Guide' for the public authorities which would
help them in discharge of their functions under the Act effectively. A copy of the Guide so
prepared is enclosed as Annexure.
2. All the Ministries / Deparhnents etc. are requested to bring the contents of the Guide to
the notice of all public authorities under them and to ensure that they comply with the
requirements of the Act.
(K.G. Verma)
Director
Tel: 23092158
To
2. Union Public Service Commission / Lok Sabha Secretariat I Rajya Sabha Secretariat I
Cabinet Secretariat I Central Vigilance Commission I President's Secretariat / Vice-
President's Secretariat I Prime Minister's Office / Planning Commission
New Delhi.
44
ANNEXURE
(No.l/4/2008-IR dated: 25th April, 2008
GUIDE FOR THE PUBLIC AUTHORITIES
Public authorities are the repository of information which the citizens have a right to have
un~ the Right to Information Act, 2005. As defined in the Act, a "public authority" is any
authority or bodyor institution of self government established or constitu~by or under the
Constitution; or byany 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. 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.
2. 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.
What is Information
3. Information is not an abstract concept under the RTI Act. It is conceived as being
contained in any material including 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.

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.
and the Members of State Legislatures. According to the Act, the information which cannot .
45
6. A citizen has a right to obtain an 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 from which the information
may be transferred to diskettes etc.
is sought. However, if the supply of information sought in a particular form would
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 <l.t the address of the
Corporation etc.
9. Only such information is required to be supplied under the Act which already exists
and is held by the public authority or held under the control of the public authority. It is not
required under the Act to create information; or to interpret information; or to solve the
problems raised by the applicants; or to furnish replies to hypothetical questions.
Information Exempted From Disclosure
10. 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.
Further, sub-section (3) of section 8 provides that information exempt from disclosure
under sub-section (1), except as provided in clauses (a), (c) and (i) thereof, would cease to be
exempted after 20 years from the date of occurrence of the related event etc.
11. It may be noted that section 8(3) of the Act does not require the public authorities to
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 /
even if such information was exempt from disclosure under sub-section(1) of Section 8. It
means that the information which, in normal course, is exempt from disclosure under sub-
46
section(l) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after
integrity of India, the'security, strategic, scientific or economic interest of the State,

of sub-section(l) of Section 8 of the Act.
Timely Supply of Information
12. The Act requires that except in some special circumstances, decision on an application
for information should be given within 30 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 the decision on the request for
information is not given within the prescribed period, it is deemed that the request has been
refused. 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.
Right to Information Vis-a-Vis other Acts

13. The RTI Act has over-riding effect vis-a-vis other laws inasmuch as the provisions of
Maintenance and Computerisation of Records

14. 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.
15. The Public authorities should computerize all·its records which are appropriate to be
computerized. Records so.computerised should be connected through a network on different
systems so that access to such records is facilitated.
47
Suo Motu Disclosure
16. Every public authority should provide as much information suo motu to the public
through various means of communications so that the public have minimum resort to the use
of the Act to obtain information. Internet being one of the most effective means of
communications, the information may be posted on the website.
17. 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;
48
18. Besides the categories ofinformation enumerated above, the Government may prescribe
other categories of information to be pub1ished 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.
19. An 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. Itis
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
20. 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, pu/:llic 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 Fads about Policies and Decisions
21. 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
22. 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 usirig appropriate
mode of communication.
Designation of CPIOs etc.
23. Every public authority is required to designate Public Information Officers in all the
administrative units or offices under it. The public authorities should also designate the First
Appellate Authorities and publish the details thereof alongwiththe details of the Public
Information Officers. Every public authority is also required to designate Assistant Public
Information Officers at each sub-divisionallevel. The Government 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.
49
Acceptance of Fee
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, an officer may be designated as such for the
purpose of receiving fee under the RTI Act or rules made thereunder.
Transfer of Applications
25. 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.
Compliance with the Orders of the CIC
26. While deciding an appeal, the Central 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 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
(ii) of subsection (1) of section 4 of the Act.
27. 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.
28. 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 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.
50
Annual Report of the ac
29. The Central Information Commission, after the end of each year, is required to prepare
a report on the implementation of the provisions of, the Act during that year. Each Ministry
or Dep~entis required, in relation to the public authorities within its jurisdiction, to collect
and provide information to the Central InformationComrnission 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 numberof 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;
(e) particulars of any disciplinary action taken against any officer in respect of the
administration of the Act;
(e) the amount of charges collected by each public authority under the Act; and
if) any facts which indicate an effort by the public authorities to administer and implement
the spirit and intention of the Act.
30. Every public authority should send necessary material to its administrative Ministry/
Departm.ent 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.
31. If it appears to the Central 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.
Development of Programmes etc.
32. 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.
51
No.1/3/2008-IR
GovenunentofIndia
Ministry of Personnel, P.G. and Pensions
*****
New Delhi, Dated the 25th April, 2008
OFFICE MEMORANDUM
Subj~ct: Guidelines for the Officers designated as first appellate authority under the
RTI Act, 2005.
*****
The undersigned is directed to say that the Central Public Information Officer (CPIO) of a
public authority is responsible to supply correct and complete information to an information
seeker under the Right to Information Act, 2005 within the specified time. It is possible that a
CPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied
with the decision of the CPIO. The Act contains provision of two appeals to tide over such
situations. While the first appeal lies within the public authority itself, the second appeal lies
with the Central Information Commission. The Central Information Commission (Appeal
Procedure) Rules, 2005 govern the procedure for deciding appeals by the Commission. The
First Appellate Authority is, however, required to dispose off the appeals received by him in
the light of the provisions of the Act and keeping in view the principles of natural justice. A
Guide has been prepared for the First Appellate Authorities, a copy of which is enclosed as
Annexure. It is expected that it would help them perform their duties effectively.
2. All the Ministries / Departments etc. are requested to bring the contents of the Guide to
the notice of all concerned.
(K.G. Verma)
Director
Tel: 2309.2158
To
2. Union Public Service Commission / Lok Sabha Secretariat / Rajya Sabha Secretariat I
Cabinet Secretariat / Central Vigilance Commission / President's Secretariat I Vice
President's Secretariat / Prime Minister's Office / Planning Commission
New Delhi.
5. Central Information Commission/State Information Commissions. The guidelines
contained in the Annexure apply mutatis mutandis to the First Appellate Authorities
under the States. The State Govenunents may like to issue similar guidelines for their
First Appellate Authorities.
52
Annexure
(OM No. V3I2OO8-IR dated 25th April, 2(08)
GUIDE FOR THE FIRST APPELLATE AUTHORITIES
It is the responsibility of the Central Public Information Officer (CPIO) ofa public authority
to supply correct and complete information within the speemed time to any person seeking
information under the RTI Act, 2005. There are possibilities that a CPIO may not act as per
provisions of the Act or an applicant may not otherwise be satisfied with the decision of the
CPIO. The Act contains provision of two appeals to tide over such situations. The first appeal
lies within the public authority itself which is made to an officer designated as the First
Appellate Authority by the concerned public authority. The First Appellate Authority happens
to be an officer senior in rank to the ePIO. The second appeal lies with the Central Information
Commission. The Central Information Commission (Appeal Procedure) Rules, 2005 govern
the procedure for deciding appeals by the Commission. The Guidelines contained in this
document are meant for the First Appellate Authorities.
2. In order to perform his/her duties effectively, the Appellate Authority should study
the Act carefully and underStand its provisions correctly. This document explains some o~
the important aspects of the Act which a First Appellate Authority should, in particular, be
conversant with. .
What is Information
3. Information is any material in any form. It includes records, documents, memos, e-.
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,
being in force.
Right to Information under the Ad
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
the control of the public authority.
6. A citizen has a right to obtain an information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through printouts provided such information
is already stored in a computer or in any other device from which the information may be
transferred to diskettes etc.
is sought. However, if the supply of information sought in a particular form woUld
8. The Act gives the right to inforn,tation only to the citizens of India. It does not make
53
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/
9. Only such information is required to be supplied under the Act 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 to create information;, or to interpret information; or to solve the
problems raised by the applicants; or to furnish replies to hypothetical questions.

10. Sub-section (1) of section 8 and section 9 of the Act enumerate the categories 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. Further, sub-section (3) of section 8 provides that information exempt from disclosure
under sub-section (1) except as provided in clauses (a), (c) and (i) thereof, would cease to be
exempted after 20 years from the date of occurrence of the related event etc.
11. It may be noted that section 8(3) of the Act does not require the public authorities to
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/
even if such information was exempt from disclosure under sub-section(l) of Section 8. It
means that the information which, in normal course, is exempt from disclosure under sub-
section(l) of Section 8 of the Act, would cease to be exempted if 20 years have lapsed after
(i) information disclosure of which would 'prejudicially affect the sovereignty and
(iii) Cabinet papers including records of deliberations of the Council of Ministers,
of sub-section( 1) of Section 8 of the Act.
Right to Information Vis-a-Vis Other Acts

12. The RTI Act has ov~r-riding effect vis-a-vis other laws inasmuch as the provisions of
13. An applicant, along with his application, is required to pay a sum of Rs.I0/- as
application fee in cash or by way of a demand draft or a banker's cheque or an Indian Postal
54
Order payable to the Accounts Officer of the public authority. The applicant may also have
to pay additional fee, as prescribed by the Right to Information (Regulation of Fee and Cost)
Rules, 2005 for supply of information as given below:
(a) rupees two (Rs. 2/-) for each page (in A-4 or A-p size paper) created or copied;
(d) for inspection of records, no fee for the first hour; and a fee of rupees five (Rs.5/ -) for
floppy; and
(f) for information provided in printed form at the price fixed for such publication or
14. If the applicant belongs to 'below poverty line' (BPL) category, he/she is not required
to pay any fee. However, he/she should submit'll proof in support of his/her claim to belong
to the below poverty line. The application not accompanied by the prescribed fee of Rs. 1 0/
- 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 and, therefore, does not entitle the applicant to get
information.
15. It may Pe noted that where the ePIO decides that the information shall be provided on
payment of fee in addition to the application fee, the CPIO is required, inter~alia, to 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;
Contents and Format of Application
16. An applicant making request for information is not required to give any reason for
requesting the information or any other personal details except those that may be necessary
for contacting him. Also, the Act or the Rules do not prescribe any format of application for
seeking information. Therefore, the applicant should not be asked to give justification for
seeking information or to give details of his job etc. or to submit application in any particular
form.
Transfer of Application
17. 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 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.
18. 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 ofreceipt of the application. If a CPIO
transfers an application after five days from the receipt of the application, he would be
responsible for delay in disposing of the application to the extent of number of days which he
takes in transferring the application beyond 5 days.
19. The CPIO 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.
55
20. A public authority may designate as many CPIOs for it, as it may deem necessary. It is
possible that in a public authority with more than one CPIO, an application is received by
the CPIO other than the concerned CPIO. In such a case, the CPIO receiving the application
should transfer it to the concerned CPIO 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 CPIO to
another in the same public authority.
21. The answering CPIO 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.
22. 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 Central Public Information Officer should inform the applicant that the information
asked for is exempt from disclosure and that orily 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 CPIO 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
23. The CPIO 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.
24. Every public authority is required to designate an officer at each sub-divisionallevel
or other sub-district level as a Central Assistant Public Information Officer (CPAlO) to receive
the applications or appeals under the Act for forwarding the same to the Central Public
Information Officer or the first Appellate Authority or the Central Information Commission,
as the case may be. If request for information is received through the CAPIO, the information
may be provided within 35 days of receipt of application by the CAPIO in normal course and
48 hours plus 5 days in case the information sought concerns the life or liberty of a person.
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.
26. The Central Public Information Officers of the intelligence and security organisations
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
56
27. 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 indifferent
situations:
Sr. Situation Time limit for disposing off

No. applications
1. Supply ofinformation in normalcourse. 30 days
2. Supply of information if it concerns .the 48 hours
life or liberty of a person
3. Supply of information if the 05 days shall be added to the time
application is received through. period. indicated at Sr. No.1 and
CAPIO. 2.
4. Supply of information if application/
request is received after transfer from
another public authority:
(a) .In normal course (a) Within 30 days of the receipt
of the application by the
(b) In case the information concerns the life (b) Wthin 48 hours of receipt of
or liberty of a person. . the application by the
specified in the Second Schedule:
(a) H information relates to allegations (a) 45 days from the receipt of
of violation of human rights. application.
(b) In case information relates to allegations (b) Within 30 days of the receipt
of corruption. of application.
treated it as confidential. given in para 37 to 41 of these
guidelines.
7. Supply of information where the The peiod. intervening between
applicant is asked to pay additional fee. informing the applicant about
additional fee and the payment
of fee'by the applicant shall be
excluded for calculating the
period. of reply.
28. H the CPIO fails to give decision on the request for information withiD. the prescribed
period., the Central Public Information Officer 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.
!i7
First Appeal
29. The information sought by an applicant should either be supplied to him or his
application should be rejected within the time prescribed by the Act. If additional fee need
be charged from the applicant, communication in this regard should be sent to him within
the time limit prescribed for sending information. If the applicant does not receive information
or decision about rejection of request or communication about payment of additional fee
within the specified time, he can make an appeal to the First Appellate Authority. Appeal
can also be made if the applicant is aggrieved by the decision of the CPIO regarding supply
of information or the quantum of fee decided by the CPIO.
Appeal in relation to Third Party Information
30. Third party in relation to the Act means a person other than the citizen who has made
request for information. Any public authority other than the public authority to whom the
request has been made shall also be included in the definition of third party.
31. It may be noted that 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. Section 8(1) (d) requires that such information should not
be disclosed unless the competent authority is satisfied that larger public interest warrants
the disclosure of such information.
32. 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 Central Public
Information Officer should consider whether the information should be disclosed or not. The
guiding principle in such cases should be 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 injury to the interests of such third party.
However, procedure as given below should be followed before disclosing such information.
It may be noted that this procedure need be followed only when the third party has treated
the information as confidential.
33. If the CPIO intends to disclose the information, he should within five days from the
receipt of the application, give a written notice to the third party that the information has
been sought by the applicant under the RTI Act and that he intends to disclose the information.
He should request the third party to make a submission in writing or orally, regarding whether
the information should be disclosed. The third party should be given a time of ten days, from
the date of receipt of the notice by him, to make representation against the proposed disclosure,
if any.
34. The Central Public Information Officer should make a decision regarding disclosure
of the information keeping in view the submission of the third party. Such a decision should
be taken within forty days from the receipt of the request for information. After taking the
decision, the CPIO should give a notice of his decision to the third party in writing. The
notice given to the third party should include a statement that the third party is entitled to
prefer an appeal under section 19 against the decision.
35. The third party can prefer an appeal to the First Appellate Authority against the decision
made by the Central Public Information Officer within thirty days from the date of the receipt
of notice. If not satisfied with the decision of the First Appellate Authority, the third party can
prefer the second appeal to the Central Information Commission.
58
36. If an appeal has been filed by the third party against the decision of the CPIO to
disclose the third party information, the information should not be disclosed till the appeal
is decided.
Time Limit for Filing of First Appeal
37. The first appeal may be made within 30 days from the date of expiry of the prescribed
period or from the receipt of communication from the CPIO. If the First Appellate Authority
is satisfied that the appellant was prevented by sufficient cause from filing the appeal, the
appeal may be a~tted after 30 days also.
Disposal of Appeal
.38. Deciding appeals under the RTI Act is aquasi-judicial function. It is, therefore, necessary
that the appellate authority should see to it thatthe justice is not only done but it should also
appear to have been done. In order to do so, the order passed by the appellate authority
should be a speaking order giving justification for the decision arrived at.
Time Limit for Disposal of Appeal
39. The appeal should be disposed off within 30 days of receipt of the appeal. In exception
cases, the Appellate Authority may take 45 days for its disposal. However, in cases where
disposal of appeal takes more than 30 days, the Appellate Authority should record in writing
the reasons for such delay.
40. If an appellate authority comes to a ~usion that the appellant should be supplied
information in addition to what has been supplied to him by the ePIO, he may either (i) pass
. an order directing the ePIO to give such information to the appellant; or (ii) he himse1f may
give information to the appellant while disposing off the appeal. In the first ease the appellate
authority should ensure that the information ordered by him to be supplied is supplied to
the appellant immediately. It would, however, be better if the appellate authority chooses
the second course of action and he himse1f Jurnishes the information alongwith the order
passedby him in the matter.
41. If, in any ease, the ePIO does not implement the order passed by the appellate authority
and the apPellate authority feels that intervention of higher authority is required to get his
order implemented, he should bring the matter to the notice of the officer in the public authority
competent to take action against the ePIO. Such competent officer shall take necessary action
so as to ensure implementation of the provisions of the RTI Act.
No.13/10/2007-IR
Government of India

Dated: the 29th April, 2008
To,
Central Information Commission,
1.
August Kranti Bhawan,
Bhikaji Cama Place,
New Delhi
2. All the State Information Commissions
Subject: Special Civil Application No.23305 of 2007 - Ahmedabad Education Society &
Another Vs. VOl & Ors.
****
I am directed to bring following observations made by the High Court of Gujaratin the
matter of Ahmedabad Education Society & Another V Is VOl & Others [Special Civil
Application No.23305 of 2007] to the notice of the Central Information Commission and all
the State Information Commissions:
"As per Section 18, the complaint can be preferred before the State Information
Commission and Chief Information Commissioner can initiate an inquiry and
can impose penalty as per Section 20 of the Act, 2005. While holding inquiry, as
per Section 18(3) of the Act, 2005, State Chief Information Commissioner has
been clothed with powers of the Civil Court under the Code of Civil Procedure,
1908, in respect of summoning and enforcing the attendance of persons and
compel them to give oral and written evidence on oath, requiring the discovery
and inspection of documents; receiving evidence on affidavit; requisitioning
any public record or copies thereof from any court or office. But so far as refund
of fees is concerned, it is a mater to be decided by the Civil Court of competent
jurisdiction under Code of Civil Procedure, 1907. State Chief Information
Commissioner has no power, jurisdiction and authority under the Act, 2005, to
pass an order of refund of the fees."
Yours faithfully,
(K.G. Verma)
Director
Tele: 23092158
60
No. 10/2/200B-IR
Government of India
Dated: the 12th June, 2008
OFFICE MEMORANDUM
Subject: RTI applications received by a public authority regarding information

concerning other public authority/authorities.
........
It has been brought to the notice of this Department that requests are made to the public
authorities under the Right to Information Act for pieces of information which do not concern
those public authorities. Some times, such an information is sought, a part or no 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.
A question has arisen as to how to deal with such cases.·
2 '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 (PIO) 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 application is made, shall transfer the application to that other public
authority. A careful reading of the provisions of sub-section (1) and sub-section (3) of Section
6, suggests that the Act requires an information seeker to address the application to the PIO
.of the 'concerned public authority'. However, there may be cases in which a person of ordinary
prudence may believe that the piece of 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 another public authority. In such cases, the applicant -makes a bonafide mistake of
addressing the application to the PIO of a wrong public authority. On the other hand where
an applicant addresses the application to the PIO 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'.
3. Given here in under are some situations which may arise in the matter and action
required to be taken by the public authorities in such cases:
61
l
(i) A person makes an application to a public authority for some information which
concerns some another public authority. In such a case, the PlO receiving the
application should transfer the application to the concerned public authority under
intimation to the applicant. However, if the PlO 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 that 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 PlO,
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 PlO should supply the information
available with him 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 PlO 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 PlO 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 create information. Collection of information, parts
of which are available with different public authorities, would amount to creation of
information which a public authority under the Act is not required to do. At the
same time, since the information is not related to anyone 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 '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 for some information which is
the concern of a public authority under any State Government or the Union Territory
Administration, the Central Public Information Officer (CPIO) of the public authority
62
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.
(KG. Verma)
Director
1. All the Minister / Department government of India.

2. Union Public Service Commission/ Lok Sabha Sectt. Rajya Sabha Secretariat! Cabinet
Secretariat/Central Vigilance Commission/ President's Secretariat! Vice-President's
Secretariat/Prime Minister's Office/ Planning Commission/Election Commission.
3. Central Information commission state information commission.
4. Staff selection commission, CGO complex New Delhi.
5. Office of the Comptroller & Auditor General of India, lO,Bahadur Shah zafar Marg,
New Delhi.
63
No. 1/12/2008-IR
Government of India
Dated the 23rd June, 2008
To
The Chief Secretaries of all
the States/UTs (except the State of J&K)
Subject: Initiatives for effective implementation of the RTI Act. 2005.
Sir,
I am directed to say that it is the responsibility of the Central Government and the
Governments of all the States/UTs to implement the provisions of the Right to Information
Act, 2005 effectively. Some of the States have taken innovative steps in fulfillment of their
responsibility. One of such States is the State of Andhra Pradesh. That State has taken following
steps in the matter:
(i) It has introduced an elaborate system of compiling of RTI data from various public
authorities in the State through an MIS developed by it in consultation with the Centre
for Good Governance, Hyderabad. This enables the State information Commission
to prepare its Annual Report as mandated under Section 25 of the Act. Simultaneously,
the system facilitates the State Government to monitor the implementation of the
Act..
(ii) There is a high level Monitoring Committee on RTI matters in the State, headed by
the Chief Secretary, which meets once in a quarter.
(iii) The Government of Andhra Pradesh and the State information Commission had
organized a Mass Awareness Programme last year thoughout the State. The result
manifested itself in the form of increase in the number of RTI applications in the
State. The following initiatives were taken for awareness generation in the State
(a) preparation of slides for exhibition in cinema theatres and beaming of strips on
TV channels;
(b) preparation of short films for telecasting on TV/cinema theatres;
(c) preparation of lessons on RTI for incorporation in school syllabi;
(d) display of information on boards and presentation of templates for rural areas;
(e) preparation of e-Iearning module on RTI under the technical support by the
Centre for Good Governance, Hyderabad.
3. You are requested to take similar actions/measures in your State, so as to ensure effective
implementation of the provisions of the Act. Copies of the following documents are enclosed
for your ready reference:
(i) Order No.253 dated 12.1.2007 issued by the Govt. of Andhra Pradesh nominating all
the District Collectors as Coordinating Officers and District Revenue Officers (DROs)
as Nodal Officers for effective and timely implementation of the RTI Act, 2005;
(iii) Order No.6488 dated 20.11.2006 directing all the Departments of the Secretariat to
issue suitable instructions to all the Heads of Departments and Public Authorities
64
under their control to maintain information relating to RTI in prescribed registers
and for timely submission of the information to the State information Commission
for preparation of Annual Report. (Copies of the format of Registers and related
reports are annexed with the Order); . .
(iii) Order No.6412 dated 15.11.2006 of the State Government constituting high level
Monitoring Committee; -
(iv) Model lessons to be introduced in the Environmental Science of Class 5th
Yours faithfully,
(K.G. Verma)
Director
Tel: 2:¥J92158
,
65
Right to infonnation Act, 2005 (Central Act 22 of 2(05) - Preparation of Annual Report for
the period from October, 2005 to 31st December, 2006-All the Collectors and DROs nominated
as Coordinating Officers and Nodal Officers respectively-0rders-Issued.
GENERAL ADMINISTRATION (COORDINATION, GPM&AR) DEPARTMENT
G.O.RtNo. 253 Dated: 12.1.2007

Read the following
1. G.O.Rt.No. 6488, General Administration (Coordn., GPM&AR) Department, dt.

20.112006.
2. The Chief information Commissioner, A.P. Infonnation Commission, Hyderabad,
D.O.Lr.No. 1160/APIC/2006, Dt. 11.1.2007.
ORDER:
Government in the G.O. read above, issued orders prescribing the procedure as envisaged
in the Annexure to the order and requested all the Departments of Secretariat to issue suitable
instructions to all the Heads of Departments and public authorities under their control to
maintain the Registers at Pubic infonnation Officer level and 1st appellate authority level
respectively. It was also requested in the same G.O. to furnish the infonnation in the prescribed
profonna to the respective Officers duly indicating the dates on it. The reports should be
submitted at each level so as to enable the A.P.lnfonnation Commission to prepare its Annual
Report and place the same before the State Legislature in the Budget Session 2007 as per the
time schedule laid down.
2. In the D.O. Letter read above, the Chief infonnation Commissioner, A.P. Infonnation
Commission, H yderabad has submitted proposals to nominate the Collectors as Coordinating
Officers and the DROs as Nodal Officers for effective implementation of the Right to
infonnation Act, 2005.
3. Government have carefully considered the matter and agreed with the views of the
Chief infonnation Commissioner, as contained in the D.O. Letter 2nd read above, to designate
the Collector as Coordinating Officer and the DRO as Nodal Officer in each District for speedy
transmission of information from District level Officers to the concerned Heads of Departments,
to facilitate effective implementation of the Right to information Act, 2005.
4. Government accordingly hereby nominate all the District Collectors as Coordinating

Officers and DROs as Nodal Officers for effective and timely implementation of the Right to
infonnation Act, 2005.
66
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADFSH)
J. HARINARAYAN
CHIEF SECRETARY TO GOVERNMENT
To
All the District Collectors
All the Departments of Secretariat
All the Heads of Departments
The Secretary
AP Information Commission,
HACABhawan
Opp. Public Gardens,
Hyderabad
67
l
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Right to infonnation Act, 2005 (Central Act 22 of 2(05) - Preparation of Annual Report by
the AP. Information Commission under Section 25 of the RTI Act, 2005-Furnishing of
Information by the public authorities - Revised fonnats - Prescribed - Orders Issued.
GENERAL ADMINISTRATION (COORDINATION, GPM&AR) DEPARTMENT
G.O.RtNo. 6488 Dated: 20-11-2006

Read the following
1. Govt. Circular Memo. No. I 5890/I&PR-II/Al/06-13,Dt.05.1O.2006.

2. Govt. D.O. Lr.No. 74487/Coordn. GPM&AR / 2006-6, Dt.17.1 0.2006.
3. Govt.D.0.Letter.No.62565/Coor.dn.,GPM&AR/2006-10,Dt: 17- 10-2006
4. From A.P. Information Commission, OSD& Secy.(FAC) Lr.No.1160 / APIC /
06, Dt.26.10.2006.
ORDER:
1. Under Section 25(1) of the RTI Act, 2005 the State Infonnation Commission at the end of
each year shall prepare a report on the implementation of the provisions of this Act.
2. Under Section 25(4) a copy of the report of State Infonnation Commission shall be laid
before the House of State Legislature.
3. Under Section 25(2) each Department shall, in relation to the Public Authorities within
their jurisdiction, collect and provide infonnation to the State Infonnation Commission.
4. During the Secretaries Meeting and High Level Committee Meeting held on 11.10.2006,
it was decided to furnish the infonnation to the Commission for preparation of Annual Report
by the Public Authorities Departments from 12th October, 2005 to 31.12.2006 by 31st January,
2007 and also decided to rationalise the number of Registers and Reports while revising the
existing proforma Registers and Reports already communicated to the Departments of
Secretariat, through the reference 1st read above so as to enable them to prepare and furnish
the requisite infonnation expeditiously.
5. Accordingly, Government in supersession of the circular Memo first read above hereby
prescribe the procedure as envisaged in the annexure-I and prescribe the revised profonna
Registers-I & II and Profonna Reports A,B,C & D as Annexure - II & ill to this order.
68
J
6. All the deparbnents of Secretariat are directed. to issue suitable instructions to all the
Heads of Deparbnents and Public authorities under their control to maintain Register-I & II
at PIO level and 1st Appellate Authority level respectively. They shall also furnish the
information in the prescribed profonrias to the respective officers, while indicating the dates
on which the reports should be submitted at each level so as to enable the AP Information
Commission for preparation of Annual Report and placing the same before the State Legislature
in the Budget Session, 2007, as per the time schedule.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
J.
HARINARAYAN
CHIEF SECRETARY TO GOVERNMENT
To
All Departments of Secretariat (10 Copies)
All Spl. C.Ss/PrI.Secys./Secys. to Govt.,
69
ANNEXURE-I
REGISTER-I
Each PIO shall maintain Register-I for recording status of requests received from persons
seeking information u/s 6(1) of the RTI Act. It should also contain the number of requests
received, disposed, rejected and pending along with the amount collected towards application
fee and charges for providing information etc., (proforma enclosed)
REGISTER-II
Each 1st Appellate Authority shall maintain Register-II for recording status of appeals
filed before him-with regard to the date of receipt, the PIO against whose decision appeal was
filed and their disposals by the first appellate authority etc., (proforma enclosed)
PROFORMA REPORT:
For the preparation of Annual Report, the information has to be collected from State Public
Information Officers (PIOs) at the field level and transmit upto Secretariat Level. In order to
facilitate, the collection and transmission of information four stages have been identified as
shown below and a common proforma for furnishing information at all stages has been
prescribed:
(1) Slate Pubic Information Officer (PIO) (Proforma - A)
(2) District Officer (00) (Proforma - B)
(3) Heed of the Department (HOD) (Proforma - C)
(4) Secretanat Department (Proforma - D)
1. STATE PUBLIC INFORMATION OFFICER:

Each State Public Information Officer (PIO) shall prepare information in the Proforma - A
(Profoma anclosed), from the particulars maintained in the Register-I and submit to District
Officer of his Department at the end of each month.
2. DISTRICT OFFICER:
Each District Officer shall collect information from all the PIOs working under his control
and consolidate the information of the District in the Proforma - B (enclosed) after including
his own office information and submit to the Head of the Department (HOD). The PIOs of
Zonal! Regional Offices located in the District shall submit their reports directly to their
respective Heads of the Department and they need not be included in the District information
3. HEAD OF THE DEPARTMENT:

Each Head of the Department will collect the information from afl the District Officers of
all Districts and Zonal/Regional Offices and prepare a consolidated statement after including
70
his Dept's information in the Proforma - C (enclosed) and submit tothe,con<;erned Secretarial
Department.
4. SECRETARIAT DEPAR1MENT:
Each Secretariat ~t will collect the information from all the Heads of Departments
and other units under their control, such as Universities, Corporations etc., and prepare a
consolidated statement in the Proforma - D (enclosed) including the information of the
Secretariat Dept. and submit to Andhra Pradesh information Commission (APIC).
Autonomous Bodies like Corporations, Commissions, Universities etc. shall directly submit .
their Information of their PIOs to the respective Secretariat Department.
The following schedule has been prescribed for obtaining/collecting information by the
Departments of the Secretariats and submit to the Andhra Pradeah informason Commission.
REPORT FOR THE PERIOD LaSt Date For Snbniwton

121h Octorber, 2005 to 31" Octorber, 2006 21.11.2006
Novermber., -2006 21.122006
December, 2006 31.01.2007
·71
PROFORMA
ANNEXURE-II
REGISTER-I
Register of Applications received and disposed of under RTI Act by
the Public Information Officer
(Maintained by P.LO)
51. Application Name of Applicant & Address Date of Category of Brief Description of request Involving third Amount for
No. No. & Date Receipt by Applicant for information party information application
APia/Pia BPL / Other or Not fees paid
1 2 3 4 5 6 7 8
;:l
Charges Total Information Date of Sections under Deemed Whether Appeal any other
collected for Amount Funished Rejection 8,9,11,24 which Refusal u/s made against Information
furnishing Collected Date Fully Party information 7(2)/18(1) decision of Pia
Information in (Col. 8+Col. Rejected u/s 19(1) & 19(3)
Rs. 9)
9 10 11 12 13 14 15 16
"
PROFORMA
REGISTER-II
Register of First Appeals maintained by the lot Appellate Authority
SI. Application Name of Applicant Date of Name & Decision by 1st Appellate Whether Any other
No. No. &Date &Addreis· Receipt of Designation of PIO . Authori 2nd Appeal information
Appeal by against whose Date Rejected u/s madeu/s
Appellate . decision Appeal 8,9,11 &24 19(3)
Authority . . No.&Date
1 2 3 4 5 6 7 8
~
ANNEXURE-III (Proforma-A)
REPORT TO BE PREPARED BY P.I.O AND TO SUBMIT TO DIST. OFFICER

CONSOLIDATED STATEMENT ON THE APPLICATIONS RECEIVED AND DISPOSED OF UNDER THE R.T.!. ACT
PERIOD
NAME OF THE DEPARTMENT:
SI. Name & Address Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
No. of the PIO applications Applications (Cols. Applications Applications Disposed shown Disposed shown in
pending as on end received during 3+4) Disposed pending in Col. 6, Col. 6, Deemed
of the last Month the Month during the (Cols.5-6) Information Refusals u/s 7(2)
Month furnished 18(1)
1 2 3 4 5 6 7 8 9
~ Out of cases disposed shown in Col. No. (6), Cases rejected under Sections Amount of Total Any other
Application information
6 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(£) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)(j) 9 11 24 other Fee and charges
Collected for
. furnishing
10 11 12 13 14 15 16 17 18 19 . 20 21 22 23 24 25 26
SIGNATURE:
NAME OF THE OFFICER:
TELEPHONE NO.:
Notes: 1. This conciliated report to be prepared at the level of PIO and to submit to District Officer of this Dept.
2. Each District Officer will collect informations from their PIOs under their control and prepare a consoliated statement including his department's information for submission to the HOD.
3. Each HOD will collect information from the their District Level Officers, Zonal/Regional Officers if any, under their control and prepare a conciliated statement including HOD's
information and submit to the Secretariat Department concerned.
4. Each Secretariat Department shall collect information from the HODs and other units under their control and prepare a conciliated statement including its department's information and
provide the same to the Andhra Pradesh information commission.
/
--------------------..,.....---------------'11 ,
ANNEXURE-III (Proforma-B)
BEPORT TO BE PREPARED BYillSTRICT OffiCER AND TO srfflMlI TO H,OD,

CONSOUDATED 6TATEMENT ON THE APPUCATIONS RECEIVED AND DISPOSED OF UNDER THE R.T.I ACT
PERIOD
.NAME OF THE DEPARTMENT:
SI. Name &t Address Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
No. ofthePiO applications Applications (CoIs. Applications Applications Disposed shown Disposed shown in
pending as on end received during 3+4) Disposed pending in Col. 6, Col. 6, Deemed
of the last MOnth the Month during the (CoIs. S-CoI.6) Information Refusa1s u/s 7(2)
Month furnished 18(1)
1 2 3 4 5 6 7 8 9
<iI Out ~ cases disposed shown in Col. No. (6), Cases rejected under SectIons Amout of Total Any other
Application . information
6 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) .8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(1) 8(1)0) 9 , 11 24 other Fee and charges
Collected for
furnishing'
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
SIGNATURE:
NAME OF TIm OFFICER:
TELEPHONE NO.:
Notes: 1. This <XlIll101iIall!d report 10 be prepaze<\ al the level of PlO and 10 submillo DIstrict Officer of thls Dept.
2. Eadt DiatIlct Officer wID collect informatioN &om their Plo. WIder their contro1 and prepare a consoliall!d statement includlng his department's information fur _ 1 0 the HOD.
3. Each HOD wID collect informatiqn &om the their District Level Offklets, Zonal/Regional Officers if any. under thelr control and prepare a consolidall!d statemenl inculding HOD's
Information and submillo the Sei:relarlal DeparllllOlll """"""'"' .
4. Each Sei:relarlal Departmenl shall collect information &om the HODs and otiler units under their contro1 and prepare a oondIiall!d s t a _ includlng its departmenl'sinformation and
provide the same 10 the Andhra Pradesh information commission. .
ANNEXURE-III (Proforma-e)
REPORT TO BE PREPARED AT H.O.D. AND TO SUBMIT TO SECRETARIAT DEPT.

CONSOLIDATED STATEMENT ON THE APPLICATIONS RECEIVED AND DISPOSED OF UNDER THE R.T.!. ACT
PERIOD
DEPARTMENT:
SI. Name of the Total No. of Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
No. Districts & PIOs in each applications Applications (Cols. Applications Applications Disposed shown Disposed shown in
Regional/ District & pending as received 4+5) Disposed pending in Col. 7, Col. 7, Deemed
Zonal Offices Zonal & on end of the during the during the (Cols.6-7) Information Refusals ul s 7(2)
& HOD HOD last Month Month Month furnished 18(1)
1 2 3 4 5 6 7 8 9 10
~ Out of cases disposed shown in <;:01. No. (6), Cases rejected under Sections Amout of Total Any other
6 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(I)(i) 8(1)(j) 9 11 24 other Fee and charges information
Collected for
furnislling
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
SIGNATURE:
TELEPHONE NO.:
Notes: 1. This consolilated report to be prepared. at the level of PIO and to submit to District Officer of his Dept.
2. Each District Officer will collect informations £rom their PIOs Wlder their control and scepare a consoliated statement including his department's information for submission to the HOD.
3. Each HOD will collect information from the their District Level Officers, Zonal/Regional Officers if any, tmder their control and prepare a consolidated statement inculding HOD's
information and submit to the Secretariat Department concerned.
4. Each Secretariat Deparbnent shall collect information from the HODs and other units under their control and prepare a conciliated statement induding its department's information and
proVide the same to the Andhra Pradesh information commission.
A
ANNEXURE-III (Proforma-D)
REPORT TO BE PREPARED BY SECRETARIAT DEPT. AND TO SIlBMlI TO A.p, INFORMATION COMMISSION

CONSOUDATED STATEMENT ON THE APPUCATIONS RECEIVED AND DISPOSED OF UNDER THE RT.I. ACT PERIOD
DEPARTMENT:
SI. Name of the Total No. of Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
No. HOD & PIOsineach applications Applications (Cols. Applications Applications Disposed shown Disposed shown in
other units HOD & pending'as received 4+5) Disposed pending in Col. 7, Col. 7, Deemed
other units on end of the during the during the (Cols.6-7) Information Refusals u/s 7(2)
last Month Month Month- furnished 18(1)
1 2 3 4 5 6 7 8 9 10
~ Out of cases disposed shown in Col. No. (6), Cases rejected under Sections AmoutofTotal Any other
6 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)0) 9 11 24 other Fee and charges information
-Collected for
furnishing
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
SIGNATURE:
TELEPHONE NO.:
Noles: 1. This consoillated report to be prepesrd al the level of PlO and to submil to District Officer of his Dept
2. Each District Officer will collect informations from their PlOs under their control and scepare a consoliated statemenl including his departmenfs information for submission to the HOD.
3. Each HOD will collect information from the their District Level Officers, Zonal/Regions! Officers if any, Wlder their control and prepare a consoIidoted statemenl inculding HOD's
information and submil to the Seaetarial Department concemed.
4. Each Seaetarial Departmenl shall collect information from the HODs and other Wlits Wlder their control and prepare a coru:iliatedstatemenl including its deparbnenl's information and
provide the ~ to the Andhra Pradesh information commission.
CLASS:5 ENVIRONMENTAL SCIENCE
RIGHT TO INFORMATION
(Raju, Ravi and Arona are playing in front of Ravi's house)

Mother: Ravi, why have you been playing here instead of going to the playground? '
Ravi: Ma, a drain has been overflowing on to the playground and the smell is
unbearable.
Mother: Then, you should have complained in the Panchayat Office, instead of playing
here.
Raju: Aunty, my brother has already given a written complaint in the Panchayat Office
five days ago.
Aruna: Aunty, will they look into our complaints?
Mother: Yes Arona, ever since the Right to Information Act came fully into force on
October 12,2005, officers are looking into such complaints.
[picture1: Children at their play and Ravi's mother talking to them]
Aruna: Aunty, what is "Right to Information"?

Mother: The right to obtain information available with any Public Authority is Right to
Information. It includes the right to inspect work, documents, records and also
taking certified samples of material.
Raju: Aunty, would you, please, tell us more about the 'Right to Information Act'?
Mother: Yes, gladly. This Act can be used to get information about the developmental
activities of the Government, their expenditure, welfare schemes and services.
Ravi: Ma, what else can we know under this Act?
Mother: We can also access information regarding roads, electricity, services available
at Primary Health Centres, quota sanctioned to Ration Shops etc.
Raju: Aunty, can we also ask for information related to our school?
78
J
I-~-~--
. Mother: Not only informatiori related to your school, but you can also ask for information
about land records, particulars of village developmental activities, old age
pensions etc.
Arona: Aunty, the Act is really wonderful! How did you come to know about this Act?
Mother: I have come to know all this through the media. I read newspaper every day,
listen to the radio and watch TV.
Mother: Anty, please tell us more about this Act.
Mother: Sure! Ours is a democratic country. Democracy is people's government.
Government spends public money. Under this Act, public offices should
provide information relating to their offices, voluntarily.
. Raju: Aunty, why do you say that money spent by Government is public money?
Mother: You see, if you buy a pen, apart of the price paid goes to the government as
tax. The amount we pay towards Property Tax, Water Tax etc., is spent by the
Government on developmental works.
Ravi: Ma, will information be available in all public offices.in our village?
Mother: Yes, it should be. It is the duty of the Public Authority to make the information
available and we have a right to obtain this information.
Arona: You said that we have a right to obtain information. But whom do we ask,
aunty?
Mother: Good question! We can get information from the Public Information Officer of
every public office.
Raju: Aunty, so we can find out the status of my brother's complaint about the
drainage problem near the playgroun<i!
Mother: Oh yes, one can make an application to find out the action taken on the .
complaint. To obtain information is our right. Not just that, Raju, normally,
information shall be provided to the applicant within 30 days. In case, .
information concerns the life or liberty of a person, it shall be provided within
48 hours.
Aruna: Aunty, what if information is not given in 30 days?
Mother: Then you can appeal to a higher official:
Ravi: Ma, will you please come along with us to the Panchayat Office to find out
about the action taken on the complaint given by Raju's brother?
Mother: Sure. Get asheet of paper. I'll help you write an application under the Right to
Information Act.
79
l
l
[Children write as directed and they leave to meet the Village Secretary along with Ravi's
mother].
Village Secretary: Namasthe Madam! (turning towards the children) What made you
come here with your mother instead of going to school, children?
[Picture 2: All greeting the Panchayat Secretary]
Raju, Ravi, Arona and Mother: We have to meet you, Sir.
Mother: Sir, Raju's brother gave a written complaint in your office 5 days ago stating
that the drain near the playground has been overflowing and spreading foul
smell.
Village Secretary: The sanitary workers of our Panchayat are cleaning the drains every
day.
Raju: No Sir. Nobody has cleaned the drain near the playground for several days.
Aruna: Sir, may I know whose duty is it to clean the drains and how frequently?
Village Secretary: Why do you need this information?
Mother: Sir, under the Right to Information Act, every citizen has a right to obtain
information. Children! Give him the application.
Village Secretary: [Receives the application] OK. You can go, now.
Children: What about the receipt, Sir?
Village Secretary: Oh! You want a receipt. (Prepares the receipt) Here you are! I will get
the drain cleaned inunediately.
Children. you had asked for information. Well, sanitary workers of our
Panchayat should clean .the drain every day.
I will send you this information in writing.
Children:Sir, it was good to meet you. We are pleased with your response.
All the children raise the following slogans.
Right to Information - a statutory Right
Disclosing information - an obligation of the Government
Right to Information Act - related to all of us
80
;
AcnvmES
1. Write an application to your Village Secretary requesting him to supply the

information about the funds. Allotted by the Government in this financial year towards
the repairs of roads and drains of your village.
2. How many old age pensions have been sanctioned by the Government in your
village? Prepare a table on the particulars of the beneficiaries of old-age pensions.
Questions:
1. What is meant by Right to Information? When did it come fully into force?
2. . What will you do if the information is not provided in a given period?
3. Identify a problem of your village and describe what you will do about it.
Fill in the blanks.

1. To get any information from a public office, we must request the in
that office.
2. When an application is given in an office to get some information, it is necessary to
obtain a _
3. Information concerning life or liberty of a person has to be provided within a period

of _
81
No.4/9/2008-IR
Government of India
******

Dated the 24th June, 2008
OFFICE MEMORANDUM
Subject: Courteous behavior with the persons seeking information under the RTI Act,
2005.
The Central Information Commission has brought to the notice of this Department that
officers of some of the public authorities do not behave properly with the persons who seek
information under the RTI Act. The undersigned is directed to say that the responsibility of a
public authority and its public information officers (PIO) is not confined to furnish information
but also to provide necessary help to the information seeker, wherever necessary. While
providing information or rendering help to a person, it is important to be courteous to the
information seeker and to respect his dignity.
2. Many organizations/training institutions are conducting training programmes on the
Right to Information Act. The public authorities should ensure that their PIDs and other
concerned officers are exposed to such training programmes. The public authorities may
also organize training programmes at their own leveL While imparting such training, the
officers should be sensitized about the need of courteous behaviour with the information
seekers.
3. The Commission has also expressed concern over the fact that many public authorities
have not published relevant information under section 4 of the Act. All the public authorities
should ensure that they make suo motu disclosure as provided in the Act without any further
delay. It is a statutory requirement, which should not be compromised with.
4. All Ministries/Departments etc. are requested to bring the contents of this OM to the
notice of all concerned and ensure compliance thereof.
(K.G. Verma)
Director
82
To
1. All the Ministries/Departments of the Government of India.
2. Union Public Service Commission Lok Sabha Sectt./Rajya Sabha Secretariat! Cabinet
Secretariat/ Prime Minister's Office/ Planning Commission/ Election Commission.
3. Central Information Commission/ State Information Commissions..
4. Staff Selection Commission. CGO Complex, New Delhi. 5 "10 the Comptroller & Auditor
General of India, 10, Bahadur Shah zafar Marg, New Delhi.
6. All officers/Desks/Set::tions, OOP&T and Department ofPension & PensionersWelfare.
83
No.ll/2/2008-IR
Government of India

Dated: the 10th July, 2008
OFFICE MEMORANDUM
Subject: Clarification regarding fonnat in which the 'information' should be supplied under
the RTI Act, 2005.
It has been observed that some people under the Right to Information Act, 2005 request the
Public Infonnation Officers (PIO) to cull out information from some document(s) and give such
extracted information to them. In some cases, the applicants expect the PIO to give infonnation in
some particular proforma devised by them on the plea that sub-section (9) of Section 7 provides
that an information shall ordinarily be provided in the form in which it is sought. It need be noted
that the sub-section Simply means that if the infonnation is sought in the form of photocopy, it shall
be provided in the form of photocopy and 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 etc. It does not mean that the PIO shall re-
shape the infonnation.
2. According to section 2(f) of the Act 'infonnation' means 'any material in any form'. A citizen,
under the Act, has a right to get 'material' from a public authority which is held by or under
the control of that public authority. The right includes inspection of work, documents, records;
taking notes, extracts or certified copies of documents or records; taking certified samples of
material; taking infonnation in the form of diskettes, floppies, tapes video cassettes or in any
other electronic mode or through printouts where such information is stored in a computer
or in any other device. Careful reading of the definition of 'information' and 'right to
infonnation' makes it clear that a citizen has a right to get the material, inspect the material,
take notes from the material, take extracts or certified copies of the material, take samples of
the material, take the material in the form of diskettes etc. The PIO is required to supply such
material to the citizen who seeks it. The Act, however, does not require the Public Infonnation
Officer to deduce some conclusion from the 'material' and supply the 'conclusion' so deduced
to the applicant. The PIO is required to supply the 'material' in the form as held by the public
authority and is not required to do research on behalf of the citizen to deduce anything from
the material and then supply it to him.
(K.G. Venna)
Director
84
I
1. All the Ministries / Departments of·the GovernmeRt of India.
Secretariat! Prime Minister's Office/ Planning Commission/ElectionCommission.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. 0/0 the Comptroller & Auditor General of India, 10, Bahadur ShahZafar Marg, New Delhi.
6. All officers / Desks / Sections, OOP&Tand Department of Pensionand Pensioners Welfare.
85
l
No.l/14/2ooB-IR
Government of India

Dated: the 28th July, 2008
OffiCE MEMORANDUM
Subject: Clarification regarding Sub-sections (4) and (5) of Section 5 of the Right to
Information Act, 2005.
Sub-sections (4) and (5) of section 5 of the Right to Information Act, 2005 provide that a
Public Information Officer (PIO) may seek the assistance of any other officer for proper
discharge of his/her duties. The officer, whose assistance is so sought, shall render all
assistance to the PIO and shall be treated as a PIO for the purpose of contravention of the
provisions of the Act. It has been brought to the notice of this Department that some PIOs,
using the above 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 PIO. Thus, they use
the above referred provision to designate other officers as PIO.
2. According to the Act, it is the responsibility of the officer who is designated as the PIO
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 PIO 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 PIO and direct him to send
reply to the applicant. The import of sub-section (5) of section 5 is that; if the officer whose
assistance is sought by the PIO, 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 PIO.
(KG. Verma)
Director
1. All the Ministries! Departments of the Government of India
2. Union Public Service Commission/10k Sabha Sectt. Rajya Sabha Secretariat/Cabinet
Secretariat/Central Vigilance Commission! President's Secretariat/Vice-President's
Secretariat! Prime Minister's Office/ Planning Commission/Election Commission.
5. 0/0 the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Delhi.
6. All officers / Desks / Sections, DOP&T and Department of Pension and Pensioners
Welfare. -
86
L No.F.10/9/2008-IR
Government of India
Ministry of Personnel, PG and Pension
Dated: the 5th December, 2008
OFFICE MEMORANDUM
Subject: Payment of fee under the RTI Act by demand draft/bankers cheque/Indian
Postal Order. .
The undersigned is directed to say that the Right to Information (Regulation of Fee and
Cost) Rules, 2005 provide that a person seekirig information under the lITI Act, 2005 can
make payment of fee for obtaining information by cash or demand draft or banker's cheque
or Indian postal order. According to the rules the demand draft/banker's cheque /IPO should
be payable to the Accounts Officer of the concerned public authority. It was brought to the
notice of this Department that some public authorities did not accept demand drafts/banker's
cheques/Indian Postal Orders drawn in the name of their Accounts Officer and insisted that
these should be drawn in the name of Drawing and Disbursing Officer or the Under Secretary
or the Section Officer etc. This Department vide OM No.l/2/2007-IR dated 23rd March, 2007
issued instructions that the demand drafts/banker's cheques/IPOs made payable to the
Accounts Officers of the public authority should not be denied. Inspite of the provisions in
the rules and instructions of this 'Department, some public authorities still refuse to accept
demand drafts/banker's cheques /IPOs drawn in the name of the Accounts Officer of the
public authority.
""-
2. Refusal to accept an application on the ground that the demand draft/banker's cheque/
IPO submitted by the applicant has been drawn in the name of the Accounts Officer may
amount refusal to accept the application. It may result into imposition of penalty by the
Central Information Commission on the concerned Central Public Information Officer under
Section 20 of the Act. All the public authorities should) therefore, ensure that payment of fee
by demand draft/banker's cheque/IPO made payable to the AccountS Officer of the public
authority is not denied.
(KG. Verma)
Director
Tel:'23092158
1. All the Ministries / Departments of the Government of India •
2. Union Public Service Commission/10k Sabha Sectt./Rajya Sabha Secretariat/ Cabinet
Secretariat/Central Vigilance Commission/President's Secretariat/Vice-President's
Secretariat/Prime Minister's Office / Planning Commission/Election Commission.
3. Central Infonnation Commission/State Infonnation Commissions.
5. % the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Delhi.
6. All officers Desks/Sections, DOP&T and Department of Pension & Pensioners Welfare.
.
88
,
I
"-
~- No.1/1/2009-IR
Government of hldia
Dated: the 22nd May, 2009
To
The Chief Secretaries of all the States
Sir;
I am directed to say that the Right to Information Act, 2005 provides that a person can
make a complaint or anappealto the Central Information Commission or the State Infotmation
Commission, as the case:may be, in the circumstances asprovided in the Act and that the
concerned Commission :may take action on the complaint or appeal in accordance with the
2. It is observed that the Central Information Commission and some State Infor:mation
Commission are taking decisions on the complaints and the appeals by constituting Benches/
The :matter has been examined in the consultation with the Department of Legal Affairs who
have pointed out that the Central Information Conunission or the State Information
. Commissions could function through Benches only if there was a specific provision in the
Act regarding constitution of Benches. That Deptt. has further opined that provision ofSection
12(4) or Section 15(4) of the RTI Act does not empower the Chief Information Commissioner
to constitute the Benches.
3. In view of this legal position you are requested to advise the State Information
Coinmission that decisions on the complaints and appeals should be taken by the State
Information Commission as defined in Section 2(1<) of the RTI Act, 2005 and not by the Benches
of the Commission.
Yours faithfully,
(K.G. Ver:ma)
Director
Tel: 23092158
89
No.1/1/2009-IR
i1
Government of India
. North Block, New Delhi
Dated: the 22nd May, 2009
To
The Secretary
Central Infonnation Commission,
August Kranti Bhawan,
Bhikaji Cama Place,
New Delhi
Sir,
I am directed to say that the Right to Infonnation Act, 2005 provides that a person can
make a complaint or an appeal to the Central Infonnation Commission or the State Infonnation
Commission, as the case may be, in the circumstances as provided in the Act and that the
concerned Commission may take action on the complaint or appeal in accordance with the
2. It is observed that the Central Infonnation Commission and some State Infonnation
Commission are taking decisions on the complaints and the appeals by constituting Benches/
I
The matter has been examined in the consultation with the Department of Legal Affairs who
have pointed out that the Central Information Commission or the State Information
Commissions could function through Benches only if there was a specific provision in the
Act regarding constitution of Bencehs. That Deptt. has further opined that provision of Section
12(4) or Section 15(4) of the RTI Act does not empower the Chief Infonnation Commissioner
to constitute the Benches.
3. In view of this legal position you are requested to advise the State Information
Commission that decisions on the complaints and appeals should be taken by the State
Information Commission as defined in Section 2(k) of the RTI Act, 2005 and not by the Benches
of the Commission.
Yours faithfully,
(K.G. Venna)
Director
Tel: 23092158
90
No.1/7/2009-IR
Government of India
Dated: the 1st June, 2009
OFFICE MEMORANDUM
. Subject: Decision dated 3.4.2008 of the High Court of Bombay at Goa in Writ Petition
No. 419 of 2007 in the case of Dr. Celsa Pinto Vs. Goa State Information
Commission regarding information under the Right to Information Act, 2005.
The undersigned is directed to say that the High Court of Bombay at Goa in the above
referred case has held on 3.4.2008 that the term 'information' as defined in the Right to
Information Act does not include answers to the questions like 'why'. The relevant part of the
judgement is reproduced below; --
"The definition of information cannot include within its fold answers to the question
"why" which would be same thing as asking the reason for a justification for a particular
thing. The public information authorities cannot expect to communicate to the citizen the
reason why a certain thing was done or not done in the sense of a justification because the
citizen makes a requisition about information. Justifications are matter within the domain of
adjudicating. authorities and cannot properly be classified as information."
2. This may be brought to the notice of all concerned.
(KG. Verma)
Director
Tel: 23092158
2. Union Public Service Commission/Lok Sabha Sectt./Rajya Sabha Secretariat/ Cabinet
Secretariat/Central Vigilance Commission/PresideI1t's Secretariat/Vice-President's
Secretariat/Prime Minister's Office / Planning Commission/Election Commission:
5. % the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Delhi.
6. All officers Desks/Sections, OOP&T and Department of Pension & Pensioners Welfare.
•
91
- - - - - . - - ._--
No. 10/2/2008-IR
Government of India
.Department of Personnel & Training
Dated: the 1st June, 2009
OFFICE MEMORANDUM
Subject: RTI applications received by a public authority relating to information

Attention is invited to clause (iii) of para 30f this Department's OM of even number dated .
121h June,2008 on the above noted subject which, inter-alia, states as follows:
''It is beyond the scope of the Act for a public authority to create information.
Collection of information, parts of whichare available with different public
authorities, would amount to creation of information which a public
authority under the Act is not required to do."
2. The Central Information Commission while deciding an appeal has observed that
collection of information cannot amount to creation of information and desired that
the above referred OM should be modified so asio avoid any confusion among public
authorities. . .
3. The undersi~ is directed to clarify that the OM dated 12.6.2008 does not propose
to say that collectiQn of information per se amounts to creation of information. The
above referred statement has been made to emphasize that the public authority to
whom the application is made is not required to collect information from different
public authorities to supply it to the applicant.
4. Contents of this OM may be brought to the notice of ail concerned.
(K.G. Verma)
Director
Tel: 23092158
1. All the Ministries / Departments of the Government of India.

2. Union Public Service Commission/ Lok Sabha Sectt;/ Rajya Sabha Secretariat/ Cabinet
Secretariat/ Central Vigilance Commission./ President's Secretariat! Vice-President's
4. Staff Selection Commission, CGO Complex, New Delhi .
5. 0/0 the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New j
Delhi.
6. All officers/Desks/Sections, OOP&T and Department of Pension & Pensioners Welfare.
92
J
·No.1/20/2009-IR
Government of India

Dated: the 23rd June, 2009
OFFICE MEMORANDUM
subject : Disclosure of 'file noting' under the Right to Information Act, 2005.
The undersigned is directed to say that various Ministries/Departments etc. have been
seeking clarification about disclosure of file noting under the Right to Information Act, 2005.
It is hereby clarified that file noting can be disclosed except file noting containing information
exempt from disclosure under section 8 of the Act. .
2. It may be brought to the notice of all concerned.
Yours faithfully,
•
(K.G. Verma)
Director
1. All the Ministries I Departments of the Government of India

2. Union Public Service Commission/ Lok Sabha Sectt./Rajya Sabha Secretariat/Cabinet
Secretariat/Central Vigilance Commission/President's Secretariat/Vice-President's
Secretariat/Prime Minister's Office / Planning Commission/Election Commission.
4. $taff Selection Commission, CGO Complex, New Delhi
5. 0/0 the Comptroller & Auditor General of India, 10, Bahadur Shah zafar Marg, New
Delhi.
6. All officers Desks/Sections, OOP&T and Department of Pension & Pensioners Welfare.
93
No.1/4/2009-1R
Government of India

Dated: the 05th October, 2009
OFFICE MEMORANDUM
Subject: Guide on the Right to information Act, 2005
The undersigned is directed to say that this Department has issued four sets of guidelines
and several other Office Memoranda regarding implementation of the Right to Information
Act, 2005 during last three years. Section 26 of the Act requires the Government to prepare
such guidelines and update these at regular intervals. Accordingly a consolidated updated
Guide on the Act has been prepared which would help all the stake-holders -information
seekers in getting information, public information officers in dealing with the RTI applications,
first appellate authorities in taking cogent decisions on appeals and the public authorities in
implementing various provisions of the Act in right earnest.
2. A copy of the Guide is enclosed herewith with the request that it may be brought to the
notice of all concerned.
(K.G. Verma)
Director
Tel: 23092158
1. All the Ministries Departments of the Government of India

Secretariat/ Central Vigilance Commission/ President's Secretariat/ Vice-President's
Secretariat/ Prime Minister's Office Planning. Commission Election Commission
3. Central Information Commission/ State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi ,
New Delhi.
The enclosed Guide is mutatis mutandis applicable to the public authorities of the States
as well. The State Government may like to get it translated into the regionallanguage(s) and
circulate amongst various stake-holders.
94
GUIDE ON RIGHI TO INFORMATION
ACT, 2005
PARI-I
fOR ALL STAKE HQLDER..,S
The right to information is implitly 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. TIus 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 gove~t 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 ~de discusses
some aspects of the Act which all the ~take-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 ~y 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 CQII\ffiissions. 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
and Information Commissioner for Central Information Commission and State Information
Commission except where it was considered necessary to make specific reference to the 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 W9rmation 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 Governmen~.
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/
9S
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.
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
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.
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
96
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-a-Vis other Ads
16. The RTI Act has over-riding effect vis-a-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.
SuWY of Information to Associations etc.
or office-bearer of any Corporation, Association, Company, NGO etc. indicating his nan1e
and such employee/office bearer is a citizen of India, information may ~ supplied to him/
of the Corporation etc. .
Fee for SeeJdq Infwmation
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.lO/- (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 provi!iing
the information, details of which shall be intimated to the applicant by the PIO as prescribed
rn
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;
(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
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 1-) 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.101- 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.
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.
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(l) of Section.8 of the Act, would cease to be exempted if 20 years have lapsed after
of 20 years, to give any citizen-
98
Secretaries and other Officers subject to the conditions given in proviso to clause
(i) of sub-sectioJ;l.(1) of Section 8 of the Act.
, .
Rec:ord Retention ~chedw.e and the Act

26. The Act does riot require the public authorities to retain records for indefinite
period. The records needibe 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.
AgistaBce Available to the AwJicant
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, fihe Public Information Officer, shall provide such assistance
to the person as may be aFlpropriate for inspection
Time Period for Supply ~ Information
28. . In normal co~, 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, i. shall hie 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.'
ApJ?ea1s
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 Informati9l\ 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.
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
99
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 OFFICERS'. 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.
100
Partll
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.
Majntenance 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.
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;
101
(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;
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.
102
Designation of rIOs and AMOs 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 to designate
Assistant Public Information Officers at each sub-divisiona1leve1. 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 und~ the Government
of India.
Desjptation of AweJJate 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
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 Infonnation 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 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) ofsubsection
(1) of section 4 of the Act.
14. The Commission has power to pass o~ders 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,
103
I
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 Progammes 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 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.
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;
104
(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;
(e) the amount of charges collected by each public authority under the Act; and
(j) any facts which indicate an effort by the public authorities to administer
and implement the spirit and intention of the Act.
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. H 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..
lOS
Part III
FOR INFORMATION SEEKERS
Method ofSeeking 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 of Rs. 10/- 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 appointed by the Department of Post at sub-divisional level or other sub-district
level.
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.
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 fee of Rs.I0/- 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.
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.
106
FiUq of A,weal
8. An applicant can file an appeal to the first appellate authority if infonnation 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 infonnation furnished to him. Such an· appeal, should be filed
within a period of thirty ~ays from the date on which the limit of 30 days of supply of
infonnation is expired or from the date on which the infonnation or decision of the Public
Infonnation 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.
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 Central Infonnation Commission within ninety days
I from the date on which the decision should have been made by the first appellate authority
I- or was actually received by the appellant.
10. The appeal made to. the Central Infonnation Commission should contain the
following infonnation: .-
(i) Name and address of the appellant;
(ti) Name and address of the Public Infonnation 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
I
against deemed refusal, particulars of the
application, including nUmber and date and name and address of the Public
Information Officer to wjhom the application was made;
(vi) Prayer or relief sought; I
,
(v) Grounds for prayer or relief;

(vi) Verification by the appellant; and
. (vii) Any other infonnation, 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;
(ti) 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.
FjJioa of Complaints
12. A person can make a complaint to the Infonnatioo Commission if he is unable to
submit a request to a Public Infonnation Officer either by reason that such an officer has not
been appointed by the concerned public authority; or the Assistant Public Infonnation Officer
107
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.
108
PartlY
FFI
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.
AI!PJications 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 AwJication
3. Some times requests are made to a public authority for information which de:.> 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.
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 pmdence may believe that the information sought by him/her woul~ 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 pmdence, would not appear to be the
concern of that public authorit}'J. the applicant does not fulfill his responsibility of addressing
the application to the 'concerned public authority'.
5. Given hereinunder are some situations which may 3rise 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
109
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
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 anyone 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 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.
110
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. H the subject matter of
the application concerns any other public authority, it should be transferred to that public
authority. H 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 pUblic authority. While" transferring the iiPplication 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 pr a copy thereof has been sent.
. I"
7. Transfer of application or part thereof,'~asthecase may be, should be made as soon
as possible and in any case within five days f:roJl,. the date of receipt of the application. H a
Public Information Officer transfers an applicat\ion "after five days from the receipt of the
application, he woulq be responsible for delay iII. 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 thaR 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.
.RencierinS Assistance to AwJicants
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. H 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 Central Public Information Officer should provide assistance to such person 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.
Assistanc:e 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 l$n. .
111
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.
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 maybe.
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;
(ti) 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;
(ti) 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.
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
112
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 inforination in such a
case and should inform the name and designation of the person giving the decision to the
applicant also.
Time Period for Sup.ply of Information
18. )'he 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. H
request for information is received through the APIO, the information may be provided within
35 days of receipt of application 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. .
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
Central Information Commission, should be provided within forty-five days from;l:he date of
the receipt of request. Time limit prescribed for supplying information in regard to allegations
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 ealculating 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 48 hours
or liberty of a person
3. Supply of information if the application is 05 days shall be added
received through APIO. to the time period indicated
at Sr. No.1 and 2.
4. Supply of information if application/request
113
is received after transfer from another public
authority:
(a) In normal course (a) Within 30 days of the
receipt of the application by the
(b) In case the information concerns the (b) Within 48 hours of receipt
life or liberty of a person. of the application by the
specified in the Second Schedule:
(a) If information relates to allegations of (a) 45 days from the receipt
violation of human rights. of application.
(b) In case information relates to allegations (b) Within 30 days'of the
of corruption. receipt of application.
treated it as confidential. given in para 23 to 28 of
this part of the document.
7. Supply of information where the The period intervening
applicant is asked to pay additional fee. between informing the
applicant about additional
fee and the payment of fee
by the applicant shall be
excluded for calculating
the period of reply.
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 injury to the interests of such third party. However, the
Public Information Officer would have to follow the following procedure before disclqsing
such information.
114
25. If the Public Information Officer intends to disclose the information, he shall within
five days from the receipt of the application, give a written notice to the third party that the
information has been sought by the applicant under the RTI Act and that he intends to disclose
the information. He shall request the third party to make a submission in writing or orally,
regarding whether the information may be disclosed. The third party shall be given a time of
ten days, from the date of receipt of the noticeby him, to make representation against the
proposed disclosure, if any.
26. The Public Information Officer shall make a decision regarding disclosure of the
information keeping in view the submission of the third party. Such a decision should be
taken within forty days from the receipt of therequest for information. After taking the decision,
the Public Information Officer should give a notice ofhis decision to the third party in writing.
The notice given to the third party should include a statement that the third party is entitled
to prefer an appeal under section 19 against the decision.
27. The third party can prefer an appeal to the First Appellate Authority against the
decision made by the Public Information Officer within thirty days from the date of the receipt
of notice. If not satisfied with the decision of the First Appellate Authority, the third party
can prefer a second appeal to the Central Information Commission.
28. If an appeal has been filed by the third party against the decision of the Public
Information Officer to disclose the third party information, the information should not be
disclosed till the appeal is decided.
Suo Motu Disclosure
29. The Act makes it obligatory for every public authority to make suo-motu disclosure
in respect of the particulars of its organization, functions, duties and other matters, as provided
in section 4 of the Act. The information so published, according to sub-section (4) of section 4,
should be easily accessible with the Public Information Officer in electronic format. The
Public Information Officer should, therefore, make concerted efforts to ensure that the .
requirements of the Section 4 of the RTI Act 2005 are met and maximum information in
respect of the public authority is made available on the internet. It would help him in two
ways. First, the number of applications under the Act would be reduced and secondly, it
woUld facilitate his work of providinginformation inasmuch as most of the information would
be available to him at one place.
In\position of Penalty
30. An applicant under the Act has a right to appeal to the Information Commission
and also to make complaint to the Commission. Where the Information Commission at the
time of deciding any complaint or appeal is of the opinion that the Public Information Officer
has without any reasonable cause, refused to receive an application for information or has
not furnished information within the time specified or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in furnishing
the information, it.shall impose a penalty of two hundred and fifty rupees each day till
application is received or information is furnished subject to the condition that the total amount
of such penalty shall not exceed twenty-five thousand rupees. The Public Information Officer
shall, however, be given a reasonable opportunity of being heard before any penalty is
115
imposed on him. The burden of proving that he acted reasonably and diligently and in case
of denial of a request that such denial was justified shall be on the Public Information Officer.
Disciplinary Action Against PIO
31. Where the Information Commission at the time of deciding any complaint or appeal
is of the opinion that the Public Information Officer has without any reasonable cause and
persistently, failed to receive an application for information or has not furnished information
within the time specified or malafidely denied the request for information or knowingly
given incorrect, incomplete or misleading information or destroyed information which was
the subject of the request or obstructed in any manner in furnishing the information, it may
recommend disciplinary action against the Public Information Officer.
Protection for Work Done in Good Faith
32. Section 21 of the Act provides that 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 the Act or any rule made there1.!I1der. A Public Information Officer should, however,
note that it would be his responsibility to prove that his action was in good faith.
33. The Central Information Commission prepares a report on the implementation of
the provisions of the RTI Act every year, which is laid before each House of the Parliament.
This report, inter-alia, has to include information about the number of requests made to each
public authority, the number of decisions where the applicants were not entitled to access to
documents requested for, the provisions of the Act under which these decisions were made
and the number of times such provisions were invoked, the amount of charges collected by
each public authority under the Act. Each MinistryIDepartment is required to collect such
information from all the public authorities under its jurisdiction and send the same to the
Commission. The Public Information Officers should maintain the requisite information in
this regard so that it may be supplied to their administrative MinistryIDepartment soon
after the end of the year, which in turn may supply to the Commission.
116
PartY
FQR ElRST APPELLATE AUTHOJUTIES
It is the responsibility of the Public Information Officer of a public authority to supply

correct and complete information within the specified time to any person seeking information
under the RTI Act, 2005. There are possibilities that a Public Information Officer may not act
as per provisions of the Act or an applicant may not otherwise be satisfied with the decision
of the Public Information Officer. The Act contains provision of two appeals to tide over
such situations. The first appeal lies within the public authQrity itself which is made to an
officer designated as the First Appellate Authority by the concerned public authority. The
First Appellate Authority happens to be an officer senior in rank to the" Public Information
Officer. The second appeal lies with the Information Commission. The Central Information
Commission (Appeal Procedure) Rules, 2005 govern the procedure for deciding appeals by
the Central Information Commission.
First Appeal
2. The information sought by an applicant should either be supplied to him or his
application should be rejected within the time prescribed by the Act. H additional fee need
be charged from the. applicant, communication in this regard should be sent to him Within
the time limit prescribed for sendinginformation. H the applicant does not receive information
or decision about rejection of request or communication about payment of additional fee
within the specified time, he can make an appeal to the First Appellate Authority. Appeal
can also be made if the applicant is aggrieved by the decision of the Public Information
Officer regarding supply of information or the quantum of fee decided by the Public
Information Officer.
3. A third party can prefer an appeal to the First Appellate Authority if it is not
satisfied with the decision made by the Public Information Officer about disclosure of the
information for which it has objected. Such an appeal can be made within thirty days from
the date of the receipt of notice from.the Public Information Officer to the effect that he proposes
to disclose the concerned information. H not satisfied with the decision of the First Appellate
Authority, the third party can prefer the second appeal to the Information Commission.
Disposal of AweaI
4. Deciding appeals under the RTI Act is a quasi-judicial functim It is, therefore,
necessary that the appellate authority should see to it that the justice is not only done but it
should also appear to have been done. In order to do so, the order passed by the appellate
authority should be a speaking order giving justification for the decision arrived at.
5. H an appellate authority while deciding an appeal comes to a conclusion that the
appellant should be supplied information in addition to what has been supplied by the
Public Information Officer, he may either (i) pass an order directing the Public Information
Officer to give such information to the appellant; or (ii) he himself may give information to
the appellant. In the first case the appellate authority should ensure that the information
ordered by him to be supplied is supplied to the appellant immediately. It would, however,
be better if the appellate authority ~ooses the second course ofaction and he himself furnishes
the information alongwith the order passed by him in the matter.
117
6. If, in any case, the Public Information Officer does not implement the order passed
by the appellate authority and the appellate authority feels that intervention of higher authority
is required to get his order implemented, he should bring the matter to the notice of the
officer in the public authority competent to take action against the Public Information Officer.
Such competent officer shall take necessary action so as to ensure implementation of the
provisions of the RTI Act.
TIME LIMIT FOR DISPOSAL OF APPEAL
7. The first appellate authority should dispose off the appeal within 30 days of receipt
of the appeal. In exceptional cases, the Appellate Authority may take 45 days for its disposal.
However, in cases where disposal of appeal takes more than 30 days, the Appellate Authority
should record in writing the reasons for such delay.
118
No.12/192/2009-1R
Government of India

Dated the 20th January 2010
OFFICE MEMORANDUM
Subject: Maintenance of records in consonance with Section 4 of the RTI Act
The Central Information Commission in a case has highlighted that the systematic failure
in maintenance of records is resulting in supply of incomplete and misleading information
and that such failure is due to the fact that the public authorities do not adhere to the mandate
of Section 4(l)(a) of the RTI Act, which requires every public authority to maintain all its
records duly catalogued and indexed in a manner and form which would facilitate the right
to information. The Commission also pointed out that such a default could qualify forpayment
of compensation to the complainant Section 19(8)(b) of the Act gives power to the Commission
to require the concerned public authority to compensate the complainant for any loss or
other detriment suffered.
2. Proper maintenance of records is vital for the success of the Right to Information Act
but many public authorities have not paid due attention to the issue despite instructions
issued by this Department. The undersigned is directed to request all the Ministries/
Departments etc. to ensure that requirements of Section 4 of the Act in general and clause (a)
ofsub-section (1) thereof in particular are met by all the public authorities under them without
any further delay.
(KG.Verma)
Director
Tel. No.23092158
1. All the Ministries Departments of the Government of India

2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha' Secretariat/
Cabinet Secretariat/ Central Vigilance Commission President's Secretariat/ Vice-
President's Secretariat/ Prime Minister's Office/ Planning Commission Election
Commission
3. Centrallnformation Commission/ State Information Commission
New Delhi.
6. All officers Desks Sections, Department of Personnel & Training, Department of AR & .
PG and Department of Pension & Pensioners Welfare.
119
No. 8/2/201O-lR
Government of India
Ministry of Personnel, PG & Pensions
•••
North Block, New Delhi-110001
Dated: the 27th April, 2010
OFFICE MEMORANDUM
Subject:
...
Disclosure of third party information under the RTI Act, 2005.
a
The undersigned is directed to say that the Goveminent, in number of cases makes inter
departmental consultations. In the process, a public authority may send some confidential
papers to another public authority. A question has arisen whether the recipient public
authority can disclose such confidential papers under the RTI Act, 2005. If yes, what procedure
is required to be followed for doing so.
2. Section 11 of the Act provides the procedure of disclosure of 'third party' information.
According to it, if a Public Information Officer (PIO) intends to disclose an information
supplied by a third party which the third party has treated as confidential, the PIO, before
taking a decision to disclose the information shall invite the third party to make submission
in the matter. The third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PIO and if not satisfied with the decision of the
Departmental Appellate Authority, a second appeal to the concerned Information
Commission. The PIO cannot disclose such information unless the procedure prescribed in
section 11 is completed.
3. As defined in clause (n) of Section 2 of the Act, 'third party' includes a public authority.
Reading of the definition of the term, 'third party' and Section 11 together makes it clear that
if a public authority 'X' receives some information from another public authority 'Y' which
that public authority has treated as confidential, then 'X' cannot disclose the information
without consulting 'Y', the third party in respect of the information and without following
the procedure prescribed in Section 11 of the Act. It is a statutory requirement, non-eompliance
of which may make the PIO liable to action.
4. The Public Information Officers and the First Appellate Authorities should keep these
provisions of the Act in view while taking decision, about disclosure of third party information
in general and disclosure of the third party information, when third party is a public authority,
in particular.
5. Hindi version will follow.
(K.G. VERMA)
Director
Tel: 23052158
120
No.12/9/2009-IR
Govenunent of India
'-

Dated the 24th May, 2010
OFFICB-MEMQRANDUM
Subject: Payment of fee under the Right to Information Act. 2OO5-scope of sub-section
(3) of Section 7 of the Act.
The Undersigned is directed to say that a question is raised from time to time whether.
a Public Information Officer (PIO) has power to charge fee under Section 7(3) of the RTI Act.
2005 in addition to fee prescribed under Sections 6(1), 7(1) and 7(5) of the A~.
2. Section 6(1) of the Act enables the Govenunent to prescribe application fee and sub-
sections (1) and (5) of Section 7 to prescribe fee in addition to application fee for supply of
information. On the other hand sub-section (3) of Section 7 provides the procedure which a
. PIO has to follow for realizing the fee prescribed under sub-sections (1) and (5) of the Section.
Details of fees that can be charged by a public authority under the Central Government are
contained in the Right to Information (Regulation of Fee & Cost) Rules, 2005. The Rules or
the Act do not give power to the PIO to charge any fee other than prescribed in the Fee and
Cost Rules. Attention in this regard is invited to following extracts from the common order
passed by the Centrallitformation Commission in Appeal No. CIC/MA/A/2008/01B5
(Shri K.K. Kishore Vs. Institute of Company Secretaries of India) and Complaint
No. aC/WB/C/2007/00943 (Shri Subodh Jain Vs. Dy. Commissioner of Police) :
'The Act under proviso to sub-section (5) of Section 7 also provides that fee
prescribed under sub-sections (1) and (5) of Section 7 shall be reasonable and
no such fee shall be charged from the persons who are below poverty line as
may be determined by the Appropriate Government. The Government has
already prescribed fees as deemed reasonable mandated under Sections 7(1)
and 7(5) of the Act and in the view of the Commission, there is no provision for
any further fee apart frOm the one already prescribed under Sections 7(1) and
7(5) of the Act".
Thus, there is provision for charging o~ fee only under Section 6(1) which is the
application fee; Section 7(1) which is the fee charged for phot,ocopymg etc. and
Section 7 (5) which is for getting information in printed or electronic format.
But there is no provision for any further fee and if any further fee is being
charged by the Public Authorities in addition to what is already .prescribed
m
under Section 6(1), 7(1) and 7(5) of the Act, the same would be contravention
of the Right to Information Act. The "further fee" mentioned in Section 7(3) only
refers to the procedure in availing of the further fee already prescribed under
7(5) of the RTI Act, which is "further" in terms of the basic fee of
Rs. 10/- Section 7(3), therefore, provides for procedure for realizing the fees so
prescribed".
121
· _ _ ... _ - - - - - - ---
3. The Commission, while delivering decision in above cases, recommended to this
Department to make rules, for charging fee towards supply of information which may include
fee for supply of books, maps, plans, documents, samples, models etc. that are priced and
towards postal courier charges for mailing information, when postal courier charges are in
excess of minimum slab prescribed by the Department of Posts and for other similar situations.
4. The Right to Information (Regulation of Fee & Cost) Rules, 2005 already provide
provisions for charging of fee for giving information in diskettes or floppies or in the form of
photo copy; for providing samples, models, printed material like books, maps, plans etc;
and for inspection of records. The Government have, however, not considered it desirable to
charge fee towards expenditure involved in mailing information or overhead expenditure
etc. Nevertheless, supply of information in a form which would disproportionately divert
the resources of the public authority is taken care of by Section 7(9) of the Act according to
which information shall ordinarily be provided in the form in which it is sought but supply
of information in a particular form may be refused if supply of information in that form
would divert the resources of the public authority disproportionately.
5. It is hereby clarified that where a Public Information Officer takes a decision to provide
information on payment of fee in addition to the application fee, he should determine the
quantum of such fee in accordance with the fee prescribed under the Fee and Cost Rules
referred to above and give the details of such fee to 'the applicant together with the calculation
made to arrive at such fee. Since the Act or the Rules do not provide for charging of fee
towards postal expenses or cost involved in deployment of man power for supply of
information etc., he should not ask the applicant to pay fee on such account. However,
wherever supply of information in a particular form would disproportionately divert the
resources of the public authority or would be detrimental to the safety or preservation of the
records, the PIO may refuse to supply the information in that form.
(K.G. Verma)
Director
Te1.23092158
1. All the Ministries Departments of the Government of India.

2. Union Public Service Commission Lok Sabha Secretaria V Rajya Sabha \
SecretariaVCabinet Secretary Central Vigilance Commission President's Secretaria \
Vice-President's SecretariaVPrlme Minister's Office / Planning Commission/ Election
Commission.
3. State Information Commissions
4. Staff Selection Commission, CGO Complex, New. Delhi.
5. 010 the Comptroller 8 Auditor General of India, 10, Bahadur Shah Zafar Marg, New
Delhi.
6. All Officers/Desks/sections, DOP8T and Department of Pension and Pensioners
Welfare.
IMMEDIATE
No.2/10/201O-CR
Government of India

.Dated 9th July, 2010
OFFICE MEMORANDUM
Subject: Setting-up of RTI Cell in the Department of Personnel and Training :

Composition and functions.
In order to strengthen the system of RTI implementation in the Department of Personnel
and Training, a RTI Cell has been set up. The RTI Cell shall act as a nodal point for all RTI
implementation issues within the Department. The Cell is ~oSted in the Administration
Division and is headed by Undet Secretary (Administration) under overall supervision of
DirectOr (Administration).
2. The RTI Cell will perform the following functions:
(i) .The Cell will be a single reference point to receive applications, appeals, complaints
and decisions of the Central Information Commission;
(ii) The Cell will ensure uploading of all applications, and appeals received by it on
the RTI-MIS;
(iii) All replies to RTI requests and appeals will be despatched by R&I Section through
the RTI Cell. This will include letters for deposit of additional fee;
(iv) The Cell Will ensure uploading of all complaints and decisions of ac on the DMIS
(computerized diary system);
(v) . The Cell will segregate applications and appeals pertaining to life and liberty and
forward the same to the concerned CPIO without delay so that they can be responded
to within the time frame specified in the Act;
(vi) The Cell will transfer applications not pertaining to this Department to the concerned
public authority;
Coordination for the Department regarding:

• Proactive disclosures under Section 4.
• Systemic changes that can be introduced to reduce the number of queries on a particular
area/process;
• Formulation of FAQs on information that can be accessed from the Department;
• Information dissemination through the ~ormation Facilitation Counter (IFC);
123
• Maintaining lists of CPIOs, FAAs and link officers;
• Annual Report of the CIC,
(vi) Preparation of periodic monitoring reports regarding disposal of RTI requests/
Appeals and compliance of CIC instructions.
3. All concerned are requested to provide necessary cooperation to the RTI Cell in discharge
of its functions.
(Rajiv Rai)
Director
All the CPIOs/officers/Desks/Sections in Department of Personnel & training
124
ANNEXURE-D
IMMEDIATE
No.2/10/201o-cR
Government of India

Dated 16th July, 2010
OFFICE MEMORANDUM
Subject: Streamlining Receipt, Disposal and follow-up of RTI requests and Appeals.
1.0 It is noted that the receipt, follow-up and monitoring system for RTI requests and
appeals is not streamlined which has resulted in late disposal of such requests and
on many occasions it has also invited displeasure of the Central Information
Commissioner (Qq.
2.0 An RTI Cell has been set up under the charge of US (Administration) to coordinate
all work relating to disposal of RTI request and appeals and its functions have been
detailed vide OM No. 2/l0/201o-cR dated 9th July, 2010. In continuation of the
aforesaid OM detailed instructions for dealing with RTI requests and appeals are
given here under which need to be scrupulously followed by all concerned.
3.0 Receipt of RTI Applications
3.1 RTI Requests are received in this Department through following means:
(a) Direct receipt. in the Central Receipt (CR) Section;
(b) Directly received by the concerned CPIOs;
(c) Received by Senior Officers as reference from other Departments or from other
Public Authorities especially, PMO and Cabinet Secretariat.
3.2 As soon as any RTI application is received by any officer or in any office, it will be
immediately sent to SO (RTI Cell), along with the payment, if any, enclosed. This
will apply even to the applications received by the CPIOs.
3.3 RTI Cell will handle the applications in the following manner:
(a) If an RTI request does not concern DOPT, it would immediately be sent to the
concerned public authority. Such cases will be finalized by US (Administration),
who may consult Director (Administration) as per need. However, such
consultations should be done on an urgent basis and not in a routine manner.
(b) In case, information pertains to DOPT and one other Public Authority, part that
concerns the other Public Authority would be transferred to them by RTI Cell
at the level of US (Administration).
125
(c) In case, part of the infonnation pertains to DOPT and remaining part pertains
to more than one Public Authority, further processing will be made only
regarding the part that concerns DOPT and as per existing instructions applicant
will be infonned to make a separate request to concerned Public Authorities at
his/her own level.
(d) RTI Cell would examine that correct fee (by correct mode) has been received. In
case it is not so, the application would be returned with the remarks that it may
be resubmitted along with correct fee (by correct mode).
(e) For applications where correct fee has been submitted the fee will be deposited
by RTI Cell and receipt obtained. Thereafter
(i) If the RTI application concerns only one CPIO it would be marked to the
concerned CPIO along with the fee receipt after making necessary entries
into the RTI-MIS. Thereafter, the application would be handled under the
relevant provisions of RTI Act by the concerned CPIO.
(ii) If the infonnation sought from DoPT concerns more than one C PIO, the
original application would be entered into the RTIMIS and thereafter,
separate copies would be marked to the relevant CPIOs who would then
handle them as independent RTI application. In these cases the fee receipt
will be sent to the CPIO dealing with the first part of query.
(iii) In all cases a unique RTI Registration number will be generated, which will
enable monitoring till the application is disposed off. In case, parts of one
application is being sent to more than one CPIO, unique number will be
generated for each of the parts. However. In such cases numbering would
be such that it would be possible to link all the parts together.
3.4 It may be reiterated that vide Order NO. 2/3/201O-CR dated 7/6/2010. It has been
laid down that no CPIO will refuse to accept an application which has been marked
to them by the Coordination Section (now RTI cell). In <:ase this happens. RTI cell
would immediately bring this to the notice of Director (Administration) who will
take further necessary action urgently and if needed. Bring it to the notice of the
higher authorities as mentioned in the toresaid Order. Such cases of refusal by CPIO
would be viewed extremely seriously and may result in disciplinary action.
3.5 However, in case a CPIO is genuinely aggrieved with wrong marking of an RTI
reuest, he will personally bring it to the notice of Director (Administration) who will
either refuse the request or agree to transfer (in full or a part of) the RTI request to
another CPIO (s). If a change is made, the application will be routed again through
RTI cell which will make necessary corrections in the RTi-MIS.1t is, however, reiterated
that till the time the application or a part thereof) is transferred to another CPIO by
the RTI cell, the CPIO to whom it was originally marked will continue to remain
responsible.
U6
4.0 . Disposal of RTI applications by CPIOs
(a) The concerned CPIO would handle the RTI request as per the provisions of teh
Act/Rules and once the reply is ready to be setn, entry will be made into the
RTI-MIS and the reply would be uploaded. An intimation will automatically
reach the RTI cell, as soon as the above is doen. RTI cell will not dispatch RlT
letters/replIes unless this intimation is received through the system.
(b) After relevant entry is made in the RTI-MIS, the CPIO will keep the reply in the
envelope and details of the RTI Registration no and nature of reply etc. would
be superscribed on the envelope. Director (Acltn4Ustration) will be providing
speCial envelopes (called RTI envelopes) to all CPIOs and AAs and all
correspondence with appicants will be mailed in these envelopes.
(c) These envelopes will be sent to the RTI Cell who will thereafter ensure dispatch
of these replies through R&I cell as per the established procedure and make
. necessary entry into the RTI-MIS regarding dispatch date and means.
(d) In order to ensure that the time limits for disposal of applications are met, CPIOs
(and AAs) are required to send the replies to RTI cell at least 2 days before the
deadline.
(e) It is possible that additional fee is required to be paid before a request can be
entertained; The concerned CPIO will make relevant entry into the RTI-MIS
which would result in a standard letter being generated through the software
giving full details of the RTI query as well as additional fee to be deposited.
This letter will be sent to RTI Cell for further dispatch. Such additional fee
whenever received (either directly by the CPIO or through CR Section will again .
be sent to RTI Cell who will thereafter deposit this with the Cash Section and
update the RTI-MIS accordingly. Thereafter, the int:iniation of receipt of
additional fee will be sent to the concerned CPIO for further action in the matter.
(f) . In some cases, an interim reply is sent to the applicant. Although these
communications will also be dispatched through RTI Cell, no entry into the
RTI-MIS will be made regarding such interim replies.
5.0 Receipt and Disposal of RTI Appeals
The system for receiving and handling the appeals will be simpler as in such cases the
name of the Appellate authority (AA) is known to the RTI applicant and no payment of fee is
involved.
(a) As and when an appeal is received by an AA s/he will make necessary
entry into the RTI-MIS and will handle it as per the provisions of the Act,
Rules.
(b) If any appeal is received directly in the CR SeCtion or by an officer who is
not the concerned AA, all such references will be sent to. the RTI Cell who
will make necessary entry into RTI MIS and forward it to the concerned AA
for taking necessary action.
U7
(c) In case appeal is received through e-mail, a print out will be taken and
entry will be made into the RTI-MIS and thereafter it would be handled like
any other appeal received through post.
(d) On disposal of appeals, procedure for handling them would be the same as
detailed for disposal of RTI applications.
6.0 Monitoring of RTI applications and appeals
Time limits have been prescribed under the RTI Act and rules regarding disposal of RTI
applications and appeals and all the CPlOs and AAs are expected to adhere to them. RTI cell
would generate:
(a) Exception reports of cases where disposal has not been made within 25
days of the receipt of RTI request and appea1s. These would be posted on
the Intra-MOP, so that ISs and other supervisory officers may also follow
up with the concerned CPIO.
(b) A monthly report of all RTI requests received and disposed off during the
month with a comparative picture. These reports will also be posted on the
Intra-MOP.
(c) A quarterly report regarding disposal and receipts including CPIO wise
analysis of disposal.
(d) Annual Reports as prescribed by the CIC.
7.0 This system of centralized management ofRTI applications/ appeals will be followed
by all divisions located in North Block. As far as offices located in JNU Campus
(Training Division) or Lok Nayak Bhawan are concerned, they will continue to handle
the RTI requests and appeals as per current arrangements. However, all the
applications and appeals would necessarily be entered into the RTI-MIS so that correct
picture of receipts and disposals for the department may always be assessed.
8.0 These instructions will come into effect from 1 August 2010. Prior to that, brief training
session will be organized by the RTI cell with the cooperation of NIC, to demonstrate
the working of the RTI-MIS and to remove doubts, if any, about the procedure detailed
above.
9.0 These instructions issue with the approval of Secretary (P).
(Harish Chander)
Under Secretary (Admn),
All the CPlOs/officers/Desks/Sections in Department of Personnel & Training
128
Annexure 'UI'
Application Proforma
Centrally Sponsored Scheme on Improving Transparency and Accountability in
government through effective implementation of-Right to Information
To be submitted in Five copies.

The format given below should neatly typed on separate sheets given item-wise
information
Application in an incomplete form will not be entertained
.
A
1. Component for which assistance sought Setting up of RTI Cells
2. Public Authority (Min/Deptt/
Attached / Subordinate Office)
B. Details of Institution
1.. Name of the Institution
2. Particulars of the Institution
1 C i t e postal a ddress
ompe
3. Particulars of Nodal Officer
i Name
ii Designation
iii Tel and Fax No. (Including mobile No.)
iv E-mail id
C. Details of Expenditure
1. Date of Setting up of RTI Cell
2. Details of items to be procured
3. Detailed estimates of expenditure
4. Total amount of grant required
5. CSPMS details of Public Authority.
D. Documents required
1. Copy of order setting, up the RTI Cell
2. An undertaking that once the estimates of expenditure are
approved as reasonable and the grant assessed on the basis of
these estimates, they shall not be modified by the institution
without prior approval of the sanctioning authority of the grant
129
IMMEDIATE
No.2/10 /2010-CR
Government of India

Dated 16th July, 2010
OffiCE MEMORANDUM
Subject: Streamlinir\.g Receipt, Disposal and follow-up of RTI requests and Appeals.
1.0 It is noted that the receipt, follow-up and monitoring system for RTI requests and
appeals is not streamlined which has resulted in late disposal of such requests and
on many occasions it has also invited displeasure of the Central Information
Commissioner (CIC).
2.0 An RTI Cell has been set up under the charge of US (Administration) to coordinate
all work relating to disposal of RTI request and appeals and its functions have been
detailed vide OM No. 2/10/201O-eR dated 9th July, 2010. In continuation of the
aforesaid OM detailed instructions for dealing with RTI requests and appeals are
given here under which need to be scrupulously followed by all concerned.
3.0 ReCeipt of RTI Applications
3.1 RTI Requests are received in this Department through following means:
(a) Direct receipt in the Central Receipt (CR) Section;
(b) Directly received by the concerned CPlOs;
(c) Received by Senior Officers as reference from other Departments or from other
Public Authorities especially, PMO and Cabinet Secretariat.
3.2 As soon as any RTI application is received by any officer or in any office, it will be
immediately sent to SO (RTI Cell), along with the payment, if any, enclosed. This
will apply even to the applications received by the CPlOs.
3.3 RTI Cell will handle the applications in the following manner:
(a) If an RTI request does not concern OOPT, it would immediately be sent to the
concerned public authority. Such cases will be finalized by US (Administration),
who may consult Director (Administration) as per need. However, such
consultations should be done on an urgent basis and not in a routine manner.
(b) In case, information pertains to OOPT and one other Public Authority, part that
concerns the other Public Authority would be transferred to them by RTI Cell
at the level of US (Administration).
(c) In case, part of the information pertains to OOPT and remaining part pertains
130
to more than one Public Authority, further processing will be made only
regarding the part that concerns DOPT and as per existing instructions applicant
will be informed to make a separate request to conc~ Public Authorities at
his/her own level.
(d) RTI Cell would examine that correct fee (by correct mode) has been received. In
case it is not so, the application would be returned with the remarks that it may
be resubmitted along with correct ~ (by correct mode).
(e) For applications where correct fee has been submitted the fee will be deposited
. by RTI Cell and receipt obtained. Thereafter
(i) If the RTI application concerns only one CPIO it would be marked to the
concerned CPIO along with the fee receipt after making necessary entries
into the RTI-MIS. Thereafter, the application would be handled under the
relevant provisions of RTI Act by the concerned CPIO.
(ii) If the information sought from DoPT concerns more than one C PIO, the
original application would be entered into the RTIMIS and thereafter,
separCl.te copies would be marked to the relevant CPICs who would then
handle them as independent RTI application. In these cases the fee receipt
will be sent to the CPIO dealing with the first part of query.
(iii) In all cases a unique RTI Registration number will be generated, which will
enable monitoring till the application is disposed off. Incase, parts of one
application is being sent to more than one CPIO, unique number will be
. generated for each of the parts, However, in suCh cases numbering would
be such that it would be possible to link all the parts together.
3.4 It may be reiterated that vide Order No. 2/3/201Q-CR dated 7/6/2010, it has been
laid down that on CPIO will refuse to accept an application which has been marked
to them by the Coordination Section (now RTI Cell). In case this happens, RTI Cell
would immediately bring this to the notice of Director (Administration) who will
take further necessary action urgently and if needed, bring it to the notice of the
.higher authorities as mentioned in the aforesaid Order. Such cases of r~ by
CPIO would be viewed extremely seriously and may result in disciplinary action.
3.5 However, in case a CPIO is genuinely aggrieved with wrong marking of an RTI
. request, he will personally bring it to the notice of Director (Administration) who
will either refuse the request or agree to transfer (in full or a part~f) the RTI request
to another CPIO(s). If a change is made, the application will be routed again through
RTI Cell which will make necessary corrections in the RTI-MIS. It is, however,
reiterated that till the time the applicaiton (or a part thereof) is transferred to another
CPIO by the RTI Cell, the CPIO to whom it was originally marked will continue to
remain responsible.
131
4.0 Disposal of RTI application by CPIOs
(a) The concerned CPIO would handle the RTI request as per the provisions of the
Act/Rules and once the reply is ready to be sent, entry will be made into the
RTI-MIS and the reply would be uploaded. An intimation will automatically
reach the RTI Cell, as soon as the above is done. RTI Cell will not dispatch RTI
letters/replIes unless this intimation is received through the system.
(b) After relevant entry is made int he RTI-MIS, the CPIO will keep the reply in the
envelope and details of the RIT Registration no and nature of reply etc. would
be superscribed on the envelope. Director (Administration) will be providing
special envelopes (called RTI envelopes) to all CPIOs and AAs and all
correspondence with appicants will be mailed in these envelopes.
(c) These envelopes will be sent to the RTI Cell who will thereafter ensure dispatch
of these replies through R&I cell as per the established procedure and make
necessary entry into the RTI-MIS regarding dispatch date and means.
(d) In order to ensure that the time limits for disposal of applications are met, CPIOs
(and AAs) are required to send the replies to RTI cell at least 2 days before the
deadline.
(e) It is possible that additional fee is required to be paid before a request can be
entertained. The concerned CPIO will make relevant entry into the RTI-MIS
which would result in a standard letter being generated through the software
giving full details of the RTI query as well as additional fee to be deposited.
This letter will be sent to RTI Cell for further dispatch. Such additional fee
whenever received (either directly by the CPIO or through CR Section will again
be sent to RTI Cell who will thereafter deposit this with the Cash Section and
update the RTi~MIS accordingly. Thereafter, the intimation of receipt of
additional fee will be sent to the concerned CPIO for further action in the matter.
(f) In some cases, an interim reply is sent to the applicant. Although these
communications will also be dispatched through RTI Cell, no entry into the
RTI-MIS will be made regarding such interim replies.
5.0 Receipt and Disposal of RTI Appeals
The system for receiving and handling the appeals will be simpler as in such cases the
name of the Appellate authority (AA) is known to the RTI applicant and no payment of fee is
involved.
(a) As and when an appeal is received by an AA' s/he will make necessary
entry into the RTI-MIS and will handle it as per the provisions of the Act/
Rules.
(b) If any appeal is received directly in the CR Section or by an officer who is
not the concerned AA, all such references will be sent to the RTI Cell who
will make necessary entry into RTI MIS and forward it to the concerned AA
for taking necessary action.
132
(c) In case appeal is received through e-mail, a print out will be taken and
entry will be made into the RTI-MIS and thereafter it would be handled like
any other appeal received through post.
(d) On 4isposal of appeals,proe:."edure for handling them would be the same as
detailed for disposal of RTI applications.
6.0 Monitoring of RTI applications and appeals
Time limits have been prescribed under the RTI Act and rules regarding disposal of RTI
applications and appeals and all the CPlOs and AM, are expected to adhere to them. RTI cell
would generate:
(a) Exception reports of cases where disposal has not been made within 25
days of the receipt of RTI request and appeals. These would be posted on
the Intra-MOP, so that ISs and other supervisory officers may also follow
up with the concerned CPIO.
(b) A monthly report of all RTI requests received and disposed off during the
month with a comparative picture. These reports will also be posted on the
Intra-MOP.
(c) A quarterly report regarding disposal and receipts including CPIO wise
analysis of disposal.
(d) Annual Reports as prescribed by the Cc.
7.0 This system ofcentralized management of RTI applications/ appeals will be followed
by all divisions located in North Block. As far as offices located in JNU Campus
(Training Division) or Lok Nayak Bhawan are concerned, they will continue to handle
the RTI requests and appeals as per current arrangements. However, all the
applications and appeals would necessarily be entered into the RTI-MIS so that correct
picture of receipts and disposals for the department may always be assessed.
8.0 These instructions will come into effect from 1 August 2010. Prior to that, brief training
session will be organized by the RTI cell with the cooperation of MC, to demonstrate
the working of the RTI-MIS and to ~ove doubts, ifany, about the procedure detailed
above.
9.0 These instructions issue with the approval of Secretary (P).
(Harish Chander)
. Under Secretary (Admn),
All the CPlOs/officers/Desks/Sections in Department of Personnel & Training
133
No.F. 1O/2/2008-IR
Government of India
Ministry of Personnel. PG and Pensions
******

Dated September 24, 2010
OFFICE MEMORANDUM
Subject: RTI applications received by a public authority regarding information

******
The undersigned is directed to refer to this Department's OM of even number dated 12th
June, 2008 on the above noted subject, clause (iii) of para 3 of which provides that if a person
makes an application to the 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, the Public Information Officer (PIO) 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. It
further provides that if no part of the information is available with the public authority
receiving the application but scattered with more than one other public authorities, the PIO
should inform the applicant that information is not available with the public authority and
that the applicant should make separate application to the concerned public authorities for
obtaining information from them.
2. The matter has been examined in consultation with the Chief Information
Commissioner, and it has been decided to advise the PIOs that if the details of public
authorities who may have this information sought by the applicant are available with the
PIO, such details may also be provided to the applicant.
(K.G.verma)
Director
Tel. 2309 2158
1. All the Ministries/Departments of the Government of India

2. Union Public Service Commission/10k Sabha Secretariat./Rajya Sabha Secretariat/
cabinet Secretariat Central Vigilance Commission/President's
3. Secretariat/Vice-President's Secretariat/Prime Minister's Office / Planning
Commission / Election Commission
4. Central Information Commission / State Information Commissions
New Delhi
7. All Officers/Desks/Sections, Department of Personnel 8. Training and Department of
Pension & Pensions Welfare.
134
No.F.10/9/2008-IR
Government of India
Ministry of Personnel. PC &: Pension
-.
Department of Personnel &: Training
North Block, New Deihl

Dated April 26, 2011
Subject: Payment of fee under the RTI Act by Indian Postal Order.
The undersigned is directed to say that the Right to information (Regulation of Fee and
Cost) Rules, 2005 provide that a person seeking information under the RTI Act, 1005 can
make payment of fee for obtaining information by cash or demand draft or banker's cheque
or Indian Postal Order. It has been brought to the notice of this Department that some public
authorities do not accept fee through the Indian Postal Orders.
2. As stated above, one of the approved modes of payment of fee under the Rules is
through Indian Postal Order. Rei\Jsal to accept fee through the IPO may be treated as refusal
to accept the application. It may result into imposition of penalty ~y the Central Information
Commission on the concerned Central.Public Information Officer under Section 20 of the
Act. All the public authorities should, therefore, ensure that payment of fee by IPO is not
denied.
(K.G.Verma)
Director
. Tel. 2309 2158
1. All the Ministries/Departments of the Government of India .
2. Union Public Service Commission / Lok Sabha Secretariat!Rajya Sabha Secretariat!
Cabinet ~t/CentralVigilance Commission/President's Secretariat/Vice-
President's Secretariat/Prime Minister's Office / Planning Commission/Election
Commission.
3. Central Information Commission
. 4. Staff Selection Commission, CGO Complex, New Delhi
5. Office of the Comptroller &: Auditor General of India, 10, Bahadur Shah Zalar Marg,
New Delhi
6. All Offiers/Desks/Sections. Department of Personnel &: Training and Department of
Pension &: Pensions Welfare
135
No.F 1/5/2011-IR
Government of India
Ministry of Personnel. PG & Pension
Deportment Personnel & Training
Dated April 26, 2011
To
1. The Chief Secretaries of all States/UTs (except J&K)
2. The Registrars of all High Courts
3. The Registrar of the Supreme Court
Subject: Harmonization of fee payable under the Right to Information Act 2005.
Sir.
Sections 27 and 28 of the Right to Information Act, 2005 empower the appropriate
Governments or the Competent Authorities to make rules to prescribe inter-alia, the fees
payable under the Act, In exercise of the powers the Central Government, State Governments
High Courts etc. have notified rules. It has been observed that the fee prescribed by different
appropriate Governments/Competent Authorities is at great variance.
2. The 2nd Administrative Reforms Commission has in this regard recommended that the
States should frame Rules regarding application fee in harmony with the Central Rules ifud
ensure that the fee should not become a disincentive for using the right to information,
3. All the States/Competent Authorities are therefore, requested to kindly review their
Fee Rules and to prescribe fee in consonance with the fee prescribed by the Government of
India. A Copy of the Right to Information (Regulation of Fee and Cost) Rules, 2005 notified
by the Government of India is enclosed for ready reference.
4. Kindly inform us of the taken in this regard.
Yours faithfully
(KG. Verma)
Director
Te1.23092158
136
No.4/10/2011-IR
Government of India
Dated: 18th May, 2011
OFFICE MEMORANDUM
Subject: Strengthening Implementation of the Right to Information Act, 2005.
Central Chief Information Commissioner has made a. reference to the Cabinet Secretary
making several suggestions for effective implementation of the Right to Information Act,
2005. It has been decided in consultation with the Cabinet Secretariat that following actions
shall be undertaken by all Ministries/Departments/Attached Offices/PSUs of Central
Government to strengthen the implementation of the RTI Act:
. (a) In the Annual reports of the Central Ministries/Departments and other attached/
subordinate offices/PSUs, a separate chapter shall be included regarding
implementation of the RTI Act in their respective offices. This chapter should detail
the number of RTI applications received·and disposed off during the year, including
number of cases in which the information was denied. In addition to the· above,
efforts made to improve the implementation of the Act in their respective offices,
including any innovative measures that have been undertaken, should also be listed.
This is to be ensured for Annual reports for the year 2011-12 onwards.
(b) Each Ministry/Department should organize atleast a half day training programme·
for all CPIOs/Appellate Authorities (AAs) every year to sensitize them about their
role in implementation of the RTI Act. The concerned Ministries/Departments shall
ensure that similar programmes are organized for all CPIOs/AAs of all attached/
subordinate offices and PSUs under their control as well..
(c) All public authorities who have a web site shall publish the details of monthly receipts
and disposal of RTI applications on the websites. This should be implemeRted within
10 days of the close of the month. Ministries/Departments would ensure that these
instructions are communicated to their attached/subordinate offices as well as PSUs
immediately. Monthly reporting on the above pattern should begin latest by 10th
July, 2011 for the month of June, 2011 and thereafter continue on a regular basis.
2. All the Ministers/Departments are requested to take action as above and also to ensure
that these instructions are communicated to their attached and subordinate offices/PSus for
compliance.
(K.G. Verma)
Director
Tel.23092158
137
1. All the Ministnes/Departments of the Government of India
2. Union Public Service Commission / 10k Sabha Secretariat/Rajya Sabha Secretariat/
Cabinet Secretariat/Central Vigilance Commission/President's Secretariat/Vice-
President's Secretariat/Prime Minister's Office / Planning Commission/Election
Commission.
3. Central Information Commission
New Delhi
6. All Offiers/Desks/Sections, Department of Personnel & Training and Department of
Pension & Pensions Welfare
I
138
No.1/12/201O-IR
Government of India
Ministry of Personnel, PC & Pensions

Dated: 19th May, 2011
OFFICE MEMORANDUM
Subject: Effective Implementation of RTI Act, 2005-Setting up of RTI Cells.
The undersigned is directed to refer to this Department's OM No.1/32/2007-JR dated

14th November, 2007 whereby all the public authorities with more than one Public Information
Officer (PIO) were advised to create a Central Point within the organization to receive RTI
applications and appeals and ensure quick distribution thereof. Experience of past five years
has shown that there is a need to expand the scope of the Central Point so as to deal with the
RTI related issues effectively.
2. In this context a RTI Cell has been set up in the Department of Personnel and Training
(by reorganizing the staff in Administration Division) with the following functions:
(a) to receive RTI applications/ appeals/decisions of the Central Information
Commission (OC) and to route them to CPIOs / AAs;
(b) dispatch replies to RTI requests and appeals including the letters requiring the
applicants to deposit additional fee;
(c) transfer applications not pertaining to the public authority to the concerned public
authority;
(d)· maintain lists of PIOs, First Appellate Authorities and their link officers; and
(e) coordinate the work relating to proactive disclosure, and the Annual Report of the
Central Information Commission etc.
A copy of the OM No. 2/10/2010 dated 9th July, 2010 detailing the roles and functions of
the RTI Cell is enclosed at Annexure I. .
3. Subsequent to the setting up of the Cell, detailed instructions were issued to outline
the procedures for handling RTI applications/ appeals vide OM No 2/10/2010 dated 16th
July, 2010 (Annexure 11). This cell has been functioning for the last 9 months and has resulted
in better compliance with the provisions of the RTI Act, 2005.
4. It is recommended that Ministries! Departments may set up RTI Cells to streamline the
receipt and disposal of RTI Applications. They may use the arrangements made by DoPT
vide OMs referred to above with suitable modifications..
139
5. Ministries/ Deparnnents may also avail of a one-time grant of up to Rs. 50,000.00 for
procuring a computer along with a printer and scanner facility for RTI Cells under the Centrally
Sponsored Plan Scheme "Improving transparency and accountability through Effective
Implementation of RTI" being implemented by this Deparnnent. Balance expenditure may
be met by the Ministries / departments from their own funds. Central Public Authorities may
send detailed proposals as per proforma in 'Annexure ill' to Deputy Secretary (ffi), Room
No. 280, North Block, New Delhi -110001. Telefax: 23093074, email osdrti-dopt@nic.in
6. The status of setting up of RTI Cells by all Central Public Authorities may kindly be
intimated to this department by 31st July, 2011
(K.G. Verma)
Director
Tel:230921 58
1. All the Ministries/Deparnnents of the Government of India.
2. Union Public Service Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigilance Commission/President's Secretariat/Vice-
Presidents's Secretariat/Prime Minister's Office / Planning Commission/Election
Commission.
3. Central Information Commission.
4. Staff Selection Commission, CGO Complex, New Delhi,
New Delhi.
140
No.4/8/2011-IR
Govemmentof India

Dated: 20 May, 2011
OFFICE MMQBANDIM
Subject: Laying of Annual Reports of the Central Information Commission before the
Houses of Parliament.
The underigncd. is directed to refer to Section 25 of the Right to lnformauon Act, 2005
which provides that the Ceniral Information Commission sha1I prepare a report on the
implementation of the provisions of the Act each year. which the Central Government would
lay before each HoUse of Parliament. Each Ministry/Department is responsib~e to ensure
that necessary information in relation to preparation of the Report is sent to the Central
Information Commission by all public authorities within its jurisdiction in time. The Central
Information Commission has developed a web based system through which the pubIc
authorities may upload the Annual Return on the website of the Commission direct. The
software developed by the Commission is known as the. RTI Annual Report Information
System which is accessible on the website www.cic.gov.in The information has to be posted
on quarterly basis.
2. It has been observed that a number of public authoritiec do not upload the Annual
Return in time on the system. It results in the delay of the preparation of the Annual Report
and consequently in laying the Report before the Houses of the Parliament.
3. All the Ministries/Departments are requested to ensure that the quarterly returns of all
public authorities under their jurisdiction is uploaded on the Annual Report Information
System referred to above in time every year. The final Return for the year should be uploaded
latest by the I 5 April of the subsequent financial year. The pubbc authorities who have not
uploaded their final returns in respect of the year 2010-1 I may upload the same on the website
latest by 30th June, 2011
141
4. It has also been brought to the notice of this Department that some Ministries/
Departments have not registered all the public authorities under their jurisdiction with the
Central Information Conimission. It results into non-inclusion of the complete information in
the Annual Report. All the Ministries/Departments are requested to ensure that all public
authorities under their jurisdiction are registered with the Commission and they all post
requisite information on the website referred to above regularly.
(K.G. Verma)
Director
Tel: 23092158
2. Union Public Service commission/Lok Sabha Sectii Rajya Sabha Secretariat' Cabinet
Secretariat' Central Vigilance Commission/President's Secretariuil Vice-President' s
Sec rctariatl Prime Minister's Office/Planning Commission/Election Commission
3. Staff Selection Commission, CGO Complex. New Delhi
4. Office of the Comptroller & Auditor General of india, 10. T3ahadur Shah Zafar Marg,
New Delhi.
5. All officers/Desks/Sections. Department of Personnel & Training and Department of
6. Central Information Commission, August Kranti Bhawan, Bhikaji Kama Place, New
Delhi.
Copy to: Chief Secretaries / Administrators of all the UTs for necessary action.
142
· No.4/8/2011-IR
Government of India

Dated: 20 May, 2011
OFFICE MMORANDlM
,
Subject: Laying of Annual Reports of the Central Information Commission before the
Houses of Parliament.
The underigncd is directed to refer to Section 25 of the Right to Informauon Act, 2005
which provid9S that the Ceniral Information Commission shll prepare a report on the
implementation of the provisions of the Act each year. which the Central Govemment would
lay before each House of Parliament. Each Ministry/Department is responsible to ensure
that necessary information.in relation to preparation of the Report is sent.to the Central
Information Commission by all public authorities within its jurisdiction in time. The Central
Information Commission has developed a web based system through which the pubic
authorities may upload the Annual Return on the website of the Commission direct. The
software developed by the Commission is known as the RTI Annual. Report Information
System which is accessJ.ole on the website www.cic.gov.in The information has to be posted
on quarterly basis.
2. It has been observed that a number of public authoritiec do not upload the Annual
Return in time on the system. It results in the delay of the preparation of the Annual Report
and consequently in laying the Report before the Houses of the Parliament.
3. All the Ministries/Departments are requested·to ensure that the quarterly returns of all
public authorities under their jurisdiction is uploaded on the Annual Report Information
System referred to above in time every year. The final Return for the year should be uploaded
latest by the 1 5 April of the subsequent financial year. The pubbc authorities who have not
uploaded their final returns in respect of the year 2010-1 1 may upload the same on the website
'-
latest by 30th June, 2011
4. It has also been brought to the notice of this Department (that some Ministries/
Departments have not registered all the public authorities under their jurisdiction with the
Central Information Conimission. It results into non-inclusion of the complete information !n
143
the Annual Report. All the Ministries / Departments are requested to ensure that all public
authorities under their jurisdiction are registered with the Commission and they all post
requisite information on the website referred to above regularly.
(K.G. Verma)
Director
Tel: 23092158
2. Union Public Service commission/Lok Sabha Sectii Rajya Sabha Secretariat' Cabinet
Secretariat' Central Vigilance Commission/President's Secretariuil Vice-President' s
Sec rctariatl Prime Minister's Office/Planning Commission/Election Commission
3. Staff Selection Commission, CGO Complex. New Delhi
4. Office of the Comptroller & Auditor General of india, 10. T3ahadur Shah Zafar Marg,
New Delhi.
5. All officers/Desks/Sections. Department of Personnel & Training and Department of
6. Central Information Commission, August Kranti Bhawan, Bhikaji Kama Place, New
Delhi.
144
No, 1/7/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions,
Depamnent of Personnel & Training

Dated the 20th May, 2011
OFFICE MEMORANDUM
Subject: Decision dated 03.04.2008 of the High Court of Bombay at Goa in Writ Petition
No.419 of 2007 in the case of Dr.Celsa Pinto Vs. Goa State Information
Commission regarding Information under the. Right to Information Act, 2005.
The undersigned is directed to Invite attention to this Deparbnent's Office Memorandum
of even number dated 1st June, 2009 on the subject mentioned above (copy enclosed) and to
say that some persons have observed that the High Court of Bombay at Goa in the above
referred case did not use the word 'like' in the Judgement and that inclusion of this word in
the a.M. before the word 'why' is creating confusion. It is hereby stated that the word 'like'
used before the word 'why in line 3 of the a.M. may be treated as deleted. The relevant part
ofthe Judgement is again being quoted below:
'The definition of Information cannot Include within its fold answers to the question
"why" which would be same thing as asking the reason for a Justification for a particular
thing. The public Information authorities cannot expect to communicate to the citizen
the reason why a certain thing was done or not done in the sense of a Justification
because the citizen makes a requisition about Information. Justifications are matter
within the domain of adjudicating authorities and cannot properly be classified as
Information.~'
(KG. Verma)
Director
Tel: 23092158
1. All the Ministries/Depamnents of the Government of India.
2. Union Public Service Commission/Lok Sabha Secretariat/ Rajya Sabha Secretariat!
Cabinet Secretariat/ Central Vigilance Commission/President's Secretariat/ Vice-
President's Secretariat/ Prime Minister's Office/Planning Commission/Election
Commission.
3. Central Information Commission/State Information Commission.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. Office of the Comptroller & Auditor General of india, 10, Bahadur Shah Zafar Marg,
New Delhi.
6. All officers/Desks/Sections, DOP&T and Department of Personnel & Pensioners
Welfare.
145
NO.l/18/2011-IR
Government of India
Ministry of Personal, Public Grievances b& pensions
Deparnnent of Personal & Training
*****

Dated: the 16"' September, 2011
Subject: Observation of Hon'ble Supreme court on Right to Information Act,2005 in

Civil Appealno. 6454 of 2011, arising out SLP[C] No. 7526/2009 in the case of
Central Board of Secondary Education & Anr. Vs. Aditya Bandhopadhyay &
Ors.
"''''**
The undersigned is directed to invite attention to this Department's O.M.
No. 1/4/2009-IR dated 05.10.2009 Where by a Guide on the Right to Information Act,
2005 was circulated. Para 10 of Part I of the Guide, inter alia, stated 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.' The same issue has been elaborated by the Supreme
Court in the matter of Central Board of Secondary Education & Anr. Vs. Aditya
Bandopadhyay &Drs. (Civil Appeal No. 6454 of2011) as follows:
"At this juncture, it is necessary to clear some misconceptions about the RTI Act
provides access to all information that is available and existing. This is clear from a
combined reading of section 3 and the definition of 'information' and, right to
information' under clauses (f) and G) of section 2 of the Act 2. If a public authority
has any information in the form of data or analysed data, or abstracts, or statics, an
applicant may access such information, subject to the exemption in section 8 of the
Act. But where the information sought is not a part of the record of a public
authority, and where such information is not required to be maintained under any
law or the rules or regulations of the public authority, to collect or collate such non
available information and then furnish it to an applicant. A public authority is also
not required to furnish information which require drawing of inferences and/or
making of assumption. It is also not required to provide 'advice' to an applicant,
nor required to obtain and furnish any 'opinion' to an applicant. The reference to
opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only
refers to such material available in the records of the public authority. Many public
authorities have, as a public relation exercise, provide advice, guidance and
opinion to the citizens. But is purely voluntary and should not be confused with
any obligation under the RTI Act."
(K.G. Verma)
Joint Secretary(RTI)
Tel: 23092158
146
1. All the Ministers / Departments of the Governments ofIndia
2. Union Public Service Commission/Lok Sabha Sectt./Rajya Sabha Secretariat/
Cabinet Secretariat/ Central Vigi1anc~ COmmission/ President's Secretariat/
Viee-President's Secietariat/ Prime Minister's Office/ Planning Commission/
ElectionCommission.
3. CentralInformationCommission/State InformationCommission.
·4. Staff SelectionCommission,CGOCOIPplex, New Delhi
5. % the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi. .
6. All Officers/Desks/Sections, OOP&T and Department of Pension & Pensioners
Welfare.
147

Compilation RTI Act 2005 PDF

Uploaded by

Copyright:

Available Formats

Compilation RTI Act 2005 PDF

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Compilation RTI Act 2005 PDF

Uploaded by

Copyright:

Available Formats

COMPILATION OF OMs, CIRCULARS,

GUIDELINES & NOTIFICATIONS

RIGHT TO INFORMATION ACT, 2005

New Delhi, Dated the 6th October, 2005

Subject: Designation of Central Assistant Public Information Officers (CAPIOs) by the

New Delhi, Dated 21" February, 2006

New Delhi, Dated the 3'd March, 2007

Subject: Non-implementation of various provisions of the RTI Act, 2005 by public

New Delhi, the 9th July, 2007

Subject: Disposal of first appeals under the RTI Act, 2005.

1. All the Ministries / Departments of the Government of India

New Delhi, the 31 st July, 2007

Subject: Preparation ofInventory ofPublic Authorities under RTf Act, 2005.

(iv) A similar system should also be adopted by the States.

3. It is also requested that the Ministries/Departments may issue instructions to all.the

1. All the Ministries / Deparbnents of the Government of India

3. Staff Selection Commission, CGO Complex, New Delhi

5. All officers/Desks/Sections, Department of Personnel & Training and Department of

North Block New Delhi

Tel. No. 23092158

1. All the Ministries / Departments of the Government of India

3. Central Information Commission/State Information Commissions.

4. Staf Selection Commission, CGO Complex, New Delhi

6. All officers/Desks/Sections, Department of Personnel & Training and Department of

New Delhi, the 21st September, 2007

Subject: Maintenance of records and publication of information under the Right to

1. All the Ministries / -Departments of the Government of India

North Block, New Delhi,

New Delhi, the 31st October, 2007

Subject: Disclosure ofinformation relating to occurrence/event/matter which took place

3. Contents of this OM may be brought to the notice of all concerned.

1. All the Ministries / Departments of the Government of India

Copy to: Chief Secretaries of all the States/UTs.

New Delhi, the 8th November, 2007

HOW TO GET INFORMATION

FROM THE PUBLIC AUTHORITIES OF THE CENTRAL

2. Object of the Right to Inforination Act 2

4. Right to Information under the Act 2-3

5. Exemptions from DisclOsure 3

6. Central Public Information Officers 3-4

7. Assistance Available From CPIOs 4

8. Suo Motu Disclosure 4

9. Method of Seeking Information 4

10. Fee for Seeking Information 4-5

11. Format of Application 5

12. Disposal of the Request 5-6

13. First Appeal 6-7

·14. Second Appeal 7

16. Disposal of Appeals and Complaints by the CIC 8

17. Important Web-sites 8

Dated: the 8th November, 2007

Object of the Right to Information Act

Right to Information under the Act

Exemptions from Disclosure

Central Public Information Officers

Assistance Available From CPIOs

Method of Seekhtg ~ormation

Fee for Seekhtg Information