RTI Act 2005

1. RTI Act 2005 Processing of Requests

2. Duties & Responsibilities of CAPIO • Forward info requests to CPIO • CAPIO will act like a Post Office • Receive info requests from citizens & forward them to CPIO of concerned Public Authority • CAPIO is not responsible for giving info to the requester. However, if he is the custodian of the info being requested, he should forward the same to the CPIO along with the request to enable the CPIO to give a reply to the request promptly. • CAPIO cannot ask the applicant why the info is being requested.

3. … Duties & Responsibilities of CAPIO • Duty to forward appeals to Departmental Appellate Authority & the Information Commission • CAPIO has to receive appeals against the decision of CPIOs & forward them to DAA or CIC as required in the letter of appeal submitted by the aggrieved citizen • CAPIO must forward all applications received by him immediately. • The citizen can send a complaint to the CIC if the CAPIO does not accept his application & forward it to the CPIO. If proved guilty the CAPIO may be fined a minimum of Rs 250 & a maximum of Rs 25,000.

4. Duties & Responsibilities of CPIO … • Receive & process info requests (applications) from citizens seeking info • Process applications received through CAPIOs • Assist a person making an oral request to reduce it into writing • Enter in register of requests received; Issue acknowledgment is request is received directly • If the info requested for is fully or partially held by another Public Authority or the subject matter of the application is more closely connected with the functions of another Public Authority, transfer the application or the relevant part of the application to such Public Authority. Inform the applicant of such transfer immediately

5. Duties & Responsibilities of CPIO … • Issue written order rejecting application with reasons & details of appeal process and appellate authority, if requested info falls within one or more categories of exemptions under Sec 8 & also does not serve public interest, if released • Or • Provide the info requested within 30 days of receipt of the application. If info concerns life & liberty of a person, provide such info within 48 hours • If some other officer (superior or subordinate) is custodian of the info requested, write to the officer concerned to provide the info without delay

6. … Duties & Responsibilities of CPIO • If decision is taken to provide info, write to the applicant about the additional fees charged as cost providing the info. Give details of calculations & inform applicant about right to appeal against the additional fee. • As far as possible provide info in the form in which it has been requested. • If info requested for relates to one or more of the exemptions in Sec 8, you may severe those portions of the record that are exempt & provide the non-exempt portions.

7. … Duties & Responsibilities of CPIO • Provide assistance to disabled person to access the requested info including appropriate assistance for inspection. • If info requested was given by a third party who treated it as confidential, despatch written notice to such third party seeking submissions (if any) whether such info may be disclosed to the requester.

8. CPIO: Points to Remember … • Citizens can submit applications personally or by post/courier or through electronic means (email) in English, Hindi or the official language of your area. • Citizens are not required to give reasons for requesting info. • Refusal to accept an application from the citizen without reasonable cause is an offence under the law & can result in penalty/ disciplinary action. • If the requester is unable to submit a written request because of some physical disability or due to the fact that he/she cannot read or write, please render reasonable assistance to reduce the oral request for info in writing. This is a requirement under the law.

9. … CPIO: Points to Remember • If you receive a request for info that is held by another Public Authority & you advise the requester to approach the concerned Public Authority, he/she may treat this as a refusal to accept the application & send a complaint to the DAA or CIC. This could lead to litigation which can be avoided by transferring concerned Public Authority the application to the relevant CPIO & informing the same to the requester. • If the applicant does not submit proof of payment of prescribed fees, you may collect the prescribed fees in cash & get it credited in PO. Issue acknowledgment in prescribed format for every complete application.

10. … CPIO: Points to Remember • The applicant may request for info to be provided in a specific format which might have to be extracted & compiled from different sources. You may provide info in the format sought by the applicant if it is readily available. If such compilation requires disproportionately large amount of time, money or human resources, you may convey inability to provide info in the format sought & provide the info in available format. • As CPIO you may not have access to all records. You have the right to seek assistance from any other officer (senior or subordinate) who would be the custodian of the info sought. • Any officer whose assistance you seek has a duty to render all such assistance. If that officer refuses assistance as a result of which you are unable to provide info to the citizen, then that officer is liable for penalty/ disciplinary action.

11. The requester does not have to justify why info is being requested even at appeal stage. • Under the law, the burden of proving why info cannot be given is placed on the CPIO. • You may prove to Appellate Authority; can you succeed in convincing the Info Commission?

12. Fees Payable DOPT F. No 34012/8(s)/2005-Estt(B) Gaz Notifications dt 16 Sep 05 & 27 Oct 05 • Request for obtaining info under Sec 6(1): Rs 10/- • Cost of providing info under Sec 7(1): • Rs 2/- per page (A4 or A3 size) • Actual charge or cost price in larger size paper • Actual cost or price for samples or models • For inspection of records: • No fee for the first hour • A fee of Rs 5/- for each subsequent hour (or fraction thereof) • Cost of providing info under Sec 7(5): • Rs 50/- per diskette or floppy • For info provided in printed form, at the price fixed for such publication or Rs 2/- per page of photocopy for extracts from the publication

13. Procedure for Forwarding Info Requests Received in Person … • Step 1: Receiving the Application • Impress date stamp on receipt • Step 2: Checking the Application: • Name of applicant • Contact details of applicant • Name of Public Authority from whom info is being requested • Whether proof of payment of application fee is attached or not • If applicant claims fee waiver, whether BPL proof is attached or not. • Whether applicant wishes to receive info by hand, by post or by email • Step 3: Collecting Application Fee & Issuing Receipt in ACG 67 or MPCM Counter Receipt / proof of BPL identity, if not attached

14. … Procedure for Forwarding Info Requests Received in Person • Step 4: Registering Complete Applications • Enter details of the complete applications in the RTI Applications Register prescribed on the day of receipt • Step 5: Issuing pre printed acknowledgment for application. • Step 6: Despatching Complete Applications to the concerned CPIO • Despatch complete applications with copy of receipt issued to concerned CPIO on the day of receipt or the following working day. No need of maintaining office copy of application • A pre-printed format of covering letter may be used containing following details: • Name & designation of CAPIO with address stamp • Registration Number • Enclosures (if any)

15. Procedure for Forwarding Info Requests Received by Post • Follow Steps 1 & 2 • Step 3: Register the application in the RTI Applications Register, if complete in all respects • If applicant has not attached proof of payment of fee & not claimed fee waiver, send communication by Post to the applicant to furnish proof of payment of fee or visit your office to pay the fees in cash. If applicant has provided telephone number in application, inform this over phone. • If applicant has claimed fee waiver & not attached BPL proof, send communication requesting for the same. • If any of the details are missing or illegible, return the application asking the applicant to fill in the missing details. • Step 4: Issue receipt & acknowledgement & despatch them by Registered Post to applicant • Step 5: Despatch application to CPIO of the Public Authority concerned. If specific Public Authority is not mentioned in the application, read through the nature of the info being requested & despatch to CPIO of appropriate Public Authority.

16. Appeal Procedure … DOPT F.No 1/4/2005-IR Gaz Notification dt 28 Oct 2005 • Contents of Appeal: • Name and address of the appellant • Name and address of the CPIO against the decision of whom the appeal is preferred • Particulars of the order including number, if any, against which the appeal is preferred • Brief facts leading to the appeal • If the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the CPIO to whom the application was made • Prayer or relief sought • Grounds for the prayer or relief • Verification by the appellant • Any other information which the Commission may deem necessary for deciding the appeal.

17. … Appeal Procedure • Documents to accompany the Appeal: • Self-attested copies of the Orders or documents against which the appeal is being preferred • Copies of documents relied upon by the appellant and referred to in the appeal • An index of the documents referred to in the appeal.

18. … Procedure in Deciding Appeal • In deciding the appeal the Commission may,- • Hear oral or written evidence on oath or on affidavit from concerned or interested person • Peruse or inspect documents, public records or copies thereof • Inquire through authorised officer further details or facts • Hear CPIO, CAPIO or such Senior Officer who decided the first appeal, or such person against whom the complaint is made, as the case may be • Hear third party • Receive evidence on affidavits from CPIO, CAPIO, such Senior Officer who decided the first appeal, such person against whom the complaint lies or the third party.

19. Service of Notice by Commission • Notice to be issued by the Commission may be served in any of the following modes, namely : • Service by the party itself • By hand delivery (dasti) through Process Server • By registered post with acknowledgement due • Through Head of office or Department.

20. Personal Presence by the Appellant or Complainant • The appellant/ complainant shall in every case be informed of the date of hearing at least seven clear days before that date. • The appellant/ complainant may at his discretion at the time of hearing of the appeal or complaint by the Commission be present in person or through his duly authorised representative or may opt not to be present. • Where the Commission is satisfied that the circumstances exist due to which the appellant/ complainant is being prevented from attending the hearing of the Commission, then, the Commission may afford the appellant/ complainant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit. • The appellant/ complainant may seek the assistance of any person in the process of the appeal while presenting his points and the person representing him may not be a legal practitioner

21. Order of the Commission • Order of the Commission shall be pronounced in open proceedings and be in writing duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.

22. Procedure for Forwarding Appeals Received in Person … • Step 1: Receiving the Appeal • Impress date stamp on receipt • Step 2: Checking the Appeal: • Whether appeal is time barred • Whether contents of appeal & documents to be attached are available • Step 3: If the appellant has not furnished any of the above details, guide suitably. If the appeal is time barred request for condonation of delay with reasons for delay is required • Step 4: Registering Appeals • Details of each complete appeal letter should be entered in the RTI Appeals Register prescribed • Step 5: Issue acknowledgment in pre printed format.

23. … Procedure for Forwarding Appeals Received in Person • Step 6: Despatching Appeals • Every complete appeal must be despatched to the DAA or CIC (as the case may be) on the day of receipt or the next working day. • A pre-printed format of covering letter may be used containing following details: • Name & designation of CAPIO with address stamp • Registration Number • Details of Enclosures

24. Procedure for Forwarding Appeals Received by Post • Follow Steps 1 & 2 above. • Step 3: If appellant has not furnished some of the details return appeal letter by post, requesting the appellant to fill in the missing details. • Step 4: If appeal is complete in all respects, enter details in prescribed RTI Appeals Register on day of receipt. • Step 5: Despatch acknowledgment to appellant in prescribed format • Step 6: Despatch of Appeal (as above)

25. Duties & Powers of DAA & CIC Compared … • CIC has administrative powers to ensure & monitor compliance with the law, apart from quasi-judicial powers to dispose appeals. Such powers are not given to DAA. Eg CIC has the powers to: • Designate CPIO in a public authority where none exists • Make public authority to provide access to info in the form requested • Cause changes in maintenance & management of records to facilitate better implementation of this law • Seek a compliance report from the public authority annually • CIC has been given powers of a civil court & can requisition records even if they are exempt under Sec 8. DAA has no such powers. (But being senior officer within the public authority, the DAA can requisition records & documents internally while deciding on appeals)

26. … Duties & Powers of DAA & CIC Compared • Aggrieved applicant can bypass the DAA & approach CIC directly if: • CPIO has refused to accept info requests • CAPIO has refused to forward applications to CPIO or appeals to DAA • CIC has powers to impose penalties on CPIO & CAPIO. DAA has no such powers • CIC has the power to order a public authority to pay compensation for any loss or detriment suffered by a citizen who sends a complaint. DAA has no such power. DAA has a limited set of duties & powers while dealing with appeals from citizens. But the DAA has an important role to play in resolving disputes between aggrieved applicant & CPIO internally & thereby save CPIO from paying penalties or facing disciplinary proceedings.

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