What are the duties of a Public Information Officer?

Public Information Officer (PIO) is required to deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing. If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO must transfer, within 5 days, the request to that other public authority and inform the applicant immediately.

PIO may seek the assistance of any other officer for the proper discharge of his duties.

PIO, on receipt of a request must as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section 8 or section 9.

Where the information requested for concerns the life or liberty of a person, the same must be provided within 48 hours of the receipt of the request. If the PIO fails to give decision on the request within the period specified, he must be deemed to have refused the request.

Where a request has been rejected, the PIO is required to communicate to the requester:
(i) the reasons for such rejection,
(ii)the period within which an appeal against such rejection may be preferred, and
(iii) the particulars of the Appellate Authority.

PIO is required to provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.

If allowing partial access, the PIO is required to give a notice to the applicant, informing: that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; 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 name and designation of the person giving the decision;
- the details of the fees calculated by him and the amount of fee which the applicant is required to deposit; and
- his rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.

If information sought has been supplied by third party or is treated as confidential by that third party, the PIO is required to give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.

Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.

Witth best wishes,

सूचना का अधिकार के अंतर्गत अब प्रार्थना-पत्र ऑनलाइन

सूचना का अधिकार के अंतर्गत अब प्रार्थना-पत्र ऑनलाइन दिए जा सकते हैं. इसके लिए भारत सरकार ने एक वेबसाइट http://www.rtionline.gov.in बनाई है, जिसके द्वारा भुगतान के प्रवेश द्वार के साथ आरटीआई आवेदन / प्रथम अपील दायर की जा सकती है. भुगतान भारतीय स्टेट बैंक और उसके सहयोगी बैंकों और मास्टर / वीजा के डेबिट / क्रेडिट कार्ड से इंटरनेट बैंकिंग के माध्यम से किया जा सकता है. इस वेबसाइट पोर्टल के माध्यम से, आरटीआई आवेदनों / प्रथम अपील केवल केंद्र सरकार के मुख्य मंत्रालयों / विभागों के लिए भारतीय नागरिकों द्वारा दायर किया जा सकता है, जो नई दिल्ली में स्थित है. इस पोर्टल के माध्यम से आरटीआई आवेदन / प्रथम अपील केन्द्रीय / राज्य सरकार के अधीन अन्य सरकारी अधिकारियों के लिए दायर नहीं किया जाना चाहिए. आवेदकों को यह सलाह दी जाती है कि ऑनलाइन आरटीआई आवेदन / प्रथम अपील दायर करने से पहले वेबसाइट में वर्णित निर्देशों को सावधानी से पढ़ लें.

भारत सरकार का यह कदम सराहनीय है और स्वागतयोग्य कदम है. आशा की जाती है कि नई दिल्ली के बाहर केन्द्र सरकार के कार्यालयों और राज्य सरकार द्वारा भी इस तरह की सुविधा प्रारंभ की जायेगी.

- केशव राम सिंघल

Right to Information Act 2005 - Public Authority

Who is a public authority?

As per provisions of the Right to Information Act 2005, a 'public authority' mean any authority or body or institution of self-government established or constituted:

- by or under the Constitution;
- by any other law made by Parliament;
- by any other law made by State legislature;
- (a) by notification issued or order made by the appropriate Government and includes anybody owned, controlled or substantially financed
- (b) non-Government organization substantially financed directly or indirectly by the appropriate Government.

With best wishes,

Keshav Ram Singhal

Right to Information Act - Obligations of Public Authority

As per the provisions of the Right to Information Act, the public authority is required to publish within 120 days of enactment:
- the particular of its organization, functions and duties;
- the powers and duties of its officers and employees;
- the procedure followed in its decision making process, including channels of supervision and accountability;
- the norms set by it for the discharge of its function;
- the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
- a statement of categories of the documents held by it or under its controls;
- the particulars of any arrangement that exists for consultation with, or representation by members of the public, in relation to the formulation of policy or implementation thereof;
- a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes of such meetings are accessible to the public;
- a directory of its officers and employees;
- the monthly remuneration received by each of its officers and employees including the system of compensation as provided in its regulations;
- the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
- the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
- particulars of recipients of concessions, permits or authorizations granted by it;
- details of the information available to, or held by it, reduced in an electronic form;
- 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,
- the names, designations and other particulars of the Public Information Officers.

With best wishes,

Keshav Ram Singhal

Right to Information Act - Introduction

Right to Information Act 2005 came into force on 12 October 2005 (i.e. on 120th day of its enactment on 15 June 2005). However some provisions of the Act came into force with immediate effect. Such provisions relate to: Obligations of public authorities, Designations of Public Information Officers and Assistant Public Information Officers, Constitution of Central Information Commission, Constitution of State Information Commission, Non-applicability of the Act to Intelligent and Security Organizations, and Powers to make rules to carry out provisions of the act.

The Act extends to the whole of India except the state of Jammu and Kashmir.



Defining 'Information'

The Act defines information as 'any material in any form including records, documents, memos, emails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include file notings.

Right to Information

'Right to Information' includes the right to:
- inspect works, documents, records.
- take notes, extracts or certified copies of documents or records.
- take certified samples of material.
- obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.

With best wishes,

Keshav Ram Singhal

Governor comes under RTI Act

Governor comes under RTI Act – There is a landmark judgement by the Bombay High Court at Goa

In a landmark judgement , the Bombay High Court at Goa on 14 November 2011 ruled that the Governor is a Public Authority and does come within the ambit of the Right to Information Act.

On 31 March 2011, the State Chief Information Commissioner, Mr. Motilal Keny had ruled that the Goa Governor was a ‘Public Authority’ and did come within the ambit of the Right to Information Act. He directed the governor to furnish information sought by advocate Aires Rodrigues under the RTI Act

The Governor of Goa had refused to furnish information under the RTI Act. The Governor of Goa had claimed that he was not a ‘Public Authority’.

Freedom of information is a fundamental human right

“Freedom of information is a fundamental human right …….” – Resolution no. 59 (1), United Nations General Assembly 1946.

“Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideals of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” – Resolution no. 2200!9XXI), United Nations General Assembly 1966




‘Right to information’ (RTI) is a basic human right and now everyone has a right to know how the government is performing. There are certain questions to which people wish to know their answers. Where is his tax used? What is the amount spent by the government on the road construction? What is the fate of his application?

Openness to governmental processes opens the door to good governance.

A few state governments passed legislations on the freedom / right to information:
- Goa – 1977
- Tamil Nadu – 1997
- Madhya Pradesh – 1998
- Rajasthan – 2000
- Maharashtra – 2000
- Karnataka – Ordinance 2000

The Central Act on Right to Information was passed in May 2002, as the Government of India had the view that this was a central subject.

Why people wish to know? People wishes to know to gain power in democracy. And Knowledge is power. And knowledge is derived from information. A well functioned democracy should have the following three characteristics:
- A well informed citizenry
- An equal and effective right to participation in the affairs of the state (governance) by the citizens
- Accountable public authorities and leaders to the people

Accountability is the foundation of democracy and citizens should be entitled to have information relating to the functioning of the government, public institutions and conduct of public functionaries and authorities. It is required that quality of decisions is improved in the interest of public .

The RTI Act, 2005 came into effect on 12 October 2005. It is one of the most significant legislations enacted by the Government of India. The RTI Act aims to ensure openness and transparency in the governance at Central, State and Local levels.

With best wishes,

Keshav