ROLE OF PUBLIC INFORMATION OFFICERS
3.1. Duties and Responsibilities
3.1.1. Public Information Officers, at Central and State level, as the case may be are
designated in all administrative units and offices of public authority to provide
information to persons requesting for the information under the Act. They are to
be designated within 100 days of the enactment of the Act.
3.1.2. Assistant Public Information Officers are designated at each sub-divisional/subdistrict level to receive applications and appeals for passing them on to the
concerned PIOs and Appellate Authority respectively. This ensures that the public
can apply for information in their own local areas.
3.1.3. The PIOs are expected to deal with the requests for information and also provide
'reasonable' assistance to those needing the same.
3.1.4. The PIO may seek the assistance of another officer for the discharge of his/her
duties. In such eventually, the other officer would be treated as a PIO, under sec 5
(5) of the Act.
3.1.5. The Public Information Officer's duties include:
- Dealing with the requests from persons seeking information and where the
requests cannot be made in writing, to render reasonable assistance to the person
making the request orally to reduce the same in writing.
- If the information requested for is held by or is a subject matter closely connected
with the functions of another authority, the PIO shall transfer, within five days
that request to the other public authority and inform the applicant immediately.
- Any PIO may seek the assistance of any other officer for the proper discharge of
his/her duties.
- Any PIO, on receipt of the request, shall 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 along with the application or reject the
request for any of the reasons specified in Sections 8 or 9.
- Where the information requested concerns the life or liberty of a person, the same
shall be provided within 48 hours of the receipt of the request.
- Where a request has been rejected, the PIO shall communicate to the applicant,
the reasons for such rejection, the period within which the appeal against such
rejection may be preferred, and the particulars of the Appellate Authority.
- PIO shall provide information in the form in which it is sought unless it would
disproportionately divert the resources of the public authority or would be
detrimental to the safety or preservation of the record in question.
- In allowing partial access, the PIO shall give a notice to the applicant, informing: 2
1) That only part of the record, after severance of the record containing
information which is exempted from disclosure, is being provided.
2) The reasons for the decisions, including any findings on any material,
question of fact, referring to the material on which those findings were based.
3) The name and designation of the person giving the information
4) The details of the fees calculated and the amount of fee which the applicant is
required to deposit etc.
- If information sought has been supplied by third part or is treated as confidential
by a third party, the PIO shall give a written notice to 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.
3.2. Onus on the PIO
3.2.1. The total onus rests with the PIO in providing the information sought within the
stipulated period of 30 days. He is the interface between the citizen and the
organisation
3.2.2. The applicant could be aggrieved
(i) in the way the information is provided;
(ii) the reasons for rejection of the application;
(iii) time involved in the supply of requisite information;
(iv) the quantum of amount charged as fees for supply the information and he
can, thus, go in appeal to the Appellate Authority and later, if still not
satisfied, to the Information Commission in second appeal
3.2.3. Depending on the findings and the decisions taken, the penalty is levied on the
PIO only
3.2.4. The burden is on the PIO to prove that he acted reasonably and diligently, before
the Information Commission. He has to support the same with documentary
evidence.
3.3. Understanding of the Information
3.3.1. 'Information' means any material in any form including records, documents,
memos, e-mails, opinions, advices, press releases, circulars, orders, log-books,
contracts, reports, 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. 3
3.3.2. The word 'material' is an all-inclusive term. The Act provides total and complete
right to 'information' and not to 'records' or 'documents' only. It permits the public
to inspect public works and also take samples of material.
3.3.3. As far as private bodies are concerned, seeking of information from such bodies is
limited to the statutory information which they are supposed to provide to any
public authority under any law.
3.3.4. Any information which cannot be denied to the Parliament or the State
Legislature has to be provided by the PIO to the person seeking that information.
3.3.5. Except in the case of trade or commercial secrets, protected by law, the PIO may
allow disclosures to the public, if the public interest in the disclosure outweighs
in importance any possible harm or injury to the interests of the third party.
3.4. Getting Set
3.4.1. The Public Information Officer is the most important functionary in the scheme of
things. The responsibility of the success of the Right to Information Act largely
rests on him. The PIOs have to be in position latest by 100 days of the enactment
of the Act and set to start performance when the full Act comes into force on 12
th
October, 2005.
3.4.2. The PIOs should be ready with the following:
• Information to be made available electronically.
• Information proactively published by the public authority.
• Full details of the organisation
• Details about the Appellate Authorities
• The contact details of the other PIOs and APIOs
• Proforma of the receipt of the application
• The forms for receipt of fees and Acknowledgement.
• Proper seating arrangements for easy accessibility.
• Register for receipt, acknowledgements-separately for inward and outward
and roznama.
• Checklist for monitoring the pendency, disposal of the applications.
• Identify place for inspection of records/taking samples
• Fix a day in the week for the above.
• Ready with the contingency plan.
3.5. Procedure and Steps Involved
3.5.1. Procedure to be followed by the Information officer right from the stage of receipt
of application for information till the disposal involves a number of steps. The
time stipulated for completing these steps are: 4
30 days for providing information or for rejection for providing partial
information/organise inspection of the materials/sample etc.
35 days From the time of application is received by the Assistant PIO and
finally disposed off.
40 days If a third party is involved.
3.5.2. Procedural channel may briefly be indicated as:-
1. PIO receives application along with the application fee.
2. PIO scrutinizes the application received and the fees.
3. If required he renders reasonable assistance to the applicant by reducing the
oral request in writing.
4. Issues acknowledgement/receipt to the applicant.
5. Transfers the application/part of it to another public authority.
6. Informs the applicant about such transfers.
7. Makes necessary entries in the Special Register.
8. Considers the representations of the third party, if any.
9. In case of rejections, conveys reason for it, the period within which the
appeal may be preferred and the details of the Appellate Authority.
10. Communicates to the applicant the fee amount to be paid along with its
calculations
11. Also intimates the right of the applicant for review the fees charged.
12. Wherever required provides assistance for inspection of the material.
13. Waives fees for citizens below 'Poverty line/information given beyond the
estimated time period.
14. Retains record on each application, updates records etc.
3.5.3. The PIO needs to constantly keep in view:
• The information which cannot be denied to the Parliament or the State
Legislature should not be denied to any citizen
• Notwithstanding the exemptions permissible under the Act, access to
information is allowed, if public interest in disclosure outweighs the harm
to the protected interest.
• Right to Information Act, 2005 overrides the Official Secrets Act, 1923.
• Any material relating to occurrence, event or matter, which has taken
place, occurred or happened up to twenty years before the date of the
application has to be proved to the applicant.
• Access to information should not involve an infringement of copyright
subsisting in a person other than the state.
3.6. Formats for Use
3.6.2. In implementing the Act the concerned parties have to prepare formats for
different areas. If all the States could formulate common formats, it could help in
easy checks and monitoring. They could be same or similar to those which the
Central Government may develop for use by Central PIOs. 5
3.6.3. They would be required for application for information, formats for proactive
disclosure, formats for directly of PIOs and APIOs, formats for Special Registers,
formats for conveying rejections, formats for informing the quantum of fees,
formats for conveying the rights of the Public to appeal etc.
3.6.4. The specimen of Formats in this connection could be:
(a) Application for Information
(b) Directory of PIOs, APIOs, and the Appellate Authorities
Name of the Public Authority
i. Sr No Name & Address of PIOs Areas of Information
ii. Sr No Name & Address of APIOs Areas of Information
iii. Sr No Name & Address of officers designated as PIOs
Inward/Outward Registers
Sr
No
Date of
receipt of
Application
Name
and
Address
of
Applicant
Subject/Area Third
Party
Decision
on Supply
of
Information
Supply of
Information/Rejection
with date
The Public Information Officer
(Designation and Address)
1. Name of the Applicant
2. Address
3. Particulars of Information (in brief)
a. Subject/area
b. Category of document, if published
c. Specific periods for which the information is required
d. The language in which it is required
e. To be posted or will be collected
f. Application fee accompanied: Yes/No
Place
Date Signature6
(c) 'Rejection' Communication
(d) Fees for Provision of Information
3.7. Dealing with the APIOs and Other Departments
3.7.1. The PIO has to keep in constant touch with the APIOs. The APIOs are there to
avoid traveling of the public seeking information from the district, sub-district to
the place of posting of the PIOs. Where an application or an appeal is received by
the APIO, a period of 5 days is added in computing the period for response. The
APIOs job is that of a postman. He does not directly deal with any of the
applications.
3.7.2. The APIOs need to inform the PIO from time to time, about the status of the
application where information is provided, where information is denied, the fees
charged and the basis for the same etc. along with the data on applications
wherein the action taken has exceeded the prescribed time limit etc.
3.7.3. The formats for the various forms, registers etc could be improved upon over a
period of time with due deliberations with the APIOs.
1. Name of the Applicant and Address
2. Date of receipt of Application
3. Grounds for rejection
4. Applicants right for review of the decision
5. Particulars of senior officer i.e. Appellate Authority
6. Particulars of Information Commissioner
7. Time limit for Appeal
Place
Date Signature of PIO
1. Name of the Applicant and Address
2. Fees for supply of Information
3. Basis for calculation
4. Last date for payment
5. Mode of payment
6. Appellate authority for review on fees
7. Time limit for appeal
Place
Date Signature of PIO 7
3.7.4. The PIO may transfer the requests for information either in totality or partially to
another organisation/department if the subject matter pertains to the other
department. Similarly an information officer could get a request transferred to him
from another organisation/department. In both the cases, a period of 5 days is
added in computing the period of response.
3.7.5. The responsibility of the PIO does not cease when a request is transferred to
another public authority, while transferring he has to concurrently inform the
applicant about the same. He would also require to keep a record of transfer in his
outward register for future reference and monitoring.
3.7.6. The coordination between the two public authorities in such cases would also
enable the concerned PIO to picture the correct position before the Appellate
Authorities or Information Commission, as the case may be, when the applicant
prefers appeal.
3.8. Right of the Citizen
3.8.1. With the Right to Information Act, 2005 in place disclosure is a rule and secrecy
or exemption is an exception. The Act also enables principle of Human Right to
be realised.
3.8.2. The Act confers a right to 'Information' and not just 'records' or 'documents'.
"Information" again stands for any material. It permits the inspection including
taking of samples by a citizen.
3.8.3. An individual's right to privacy is protected in the Act. The privacy exemption
included in the Act reflects underlying public interest in protecting personal
privacy.
3.8.4. Keeping the importance attached to the citizens Right to Information, the Act bars
the courts from entertaining any suit application or other proceeding in respect of
any order made under this Act and no such order shall be called in question
otherwise than by way of an appeal under this Act.
3.8.5. Seeking information is citizens right and an applicant making a request for
information cannot be asked to give any reason for requesting the information or
any other personal details except those that may be necessary for contacting that
applicant.
3.8.6. There could be situation where an applicant has multiplicity of questions in a
single request. It could also be possible some of the questions may pertain to the
areas allocated to other PIOs. Can he request the applicant to make more than one
application and give them to the concerned PIOs and await responses from each
one of them? The negotiating skill of the PIO, would play an important part to 8
ensure that he does not become a mere 'Postman' and send copies of the request to
others, await their responses for consolidation and then finally respond to the
applicant.
3.9. Types of Help to be Extended to The Citizen
3.9.1. Every PIO is expected to deal with the requests from persons working information
and render reasonable assistance to the person seeking such information
3.9.2. The help from the PIO could be in any form as below:
• Where a citizen is enable to make a request in writing the PIO will render
assistance to the person making the request orally to reduce the same in
writing;
• Where the information sought concerns the life or liberty of a person the PIO
will take all steps to provide the required information within 48 hours of
receipt of such request.
• When the person to whom the access to record is to be provided is sensorily
disabled, the PIO should provide assistance to enable access to the
information, including such assistance appropriate for the inspection.
• The PIO will not charge fee for providing information to persons who are
below the 'poverty line'.
• When the right includes inspection of records, the PIO will reserve place and
time for such inspection. Necessary arrangements have to be done to ensure
the citizen can carry out the inspection without any disturbance or distraction.
• PIO would also make necessary arrangements for giving material samples,
wherever required.
3.10. Time frame
3.10.1. "Justice delayed is justice denied". There should not be undue delay in providing
information sought by the Public. The Act, therefore, stipulates time limits for
supply of information. If the requisite information is not provided to the applicant
within the stipulated period, the applicant can prefer an appeal against it.
3.10.2. In the event of above, the Information Commission would impose a penalty of
Rs.250/- per day (beyond the stipulated time limit) till application is received or
information is furnished. However, the total amount of such penalty shall not
exceed Rs.25000/-. The Information Commission could also recommend
disciplinary action against the PIO under the service rules applicable to him.
3.10.3. Every public authority is required to designate information officer within 100
days of the enactment of the Act. The time limits prescribed in regard to the
supply of information etc. are: 9
• 30 days- On receipt of a request for information, the PIO has either to
provide information of such fees as prescribed or reject the
request with reasons for the same.
• 48 hours- If the information sought concerns the life or liberty of a
person the same has to be provided immediately, in any case,
within 48 hours.
• 5 days- Where PIO intends to disclose any information which relates
to or has been supplied by a third party and has been treated
as confidential by it, the PIO has to give a written notice to
such third party and to invite the third party to make a
submission.
• 10 days- for third party to make a submission.
• 35 days- An additional 5 days are added if the application for
information is received by the APIO.
• 35 days- Similarly an additional 5 days are added if the subjected of the
application pertains to another organisation/department
3.11. Exemptions
3.11.1. There is no obligation to give any citizen the following:
a) information, disclosure of which would prejudicially affect the sovereignty
and integrity of India, the security, strategic, scientific or economic interests
of the State, relation with the foreign State or lead to incitement of an
offence.
b) information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute the
contempt of court.
c) information, the disclosure of which would cause a breach of privilege of
Parliament or State Legislature.
d) information including commercial confidence, trade secrets or intellectual
property the disclosure of which would harm the competitive position of a
third party, unless the Competent Authority is satisfied that larger Public
interest warrants the disclosure of such information.
e) information available to a person in his fiduciary relationship, unless the
Competent Authority is satisfied that larger Public interest warrants the
disclosure of such information.
f) Information received in confidence from a foreign Government.
g) Information, the disclosure of which would endanger the life or physical
safety of any person or identity the source of information or assistance given
in confidence for law enforcement or security purposes.
h) Information which would impede the process of investigation or
apprehension or prosecution of offenders.
i) Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and Other officers. 10
j) Information, which relates to personal information the disclosure of which
has no relationship to any public activity or interest or which would cause
unwarranted invasion of the privacy of the individual.
3.11.2. Not withstanding any of the exemptions listed above a public authority may allow
access to information, if Public interest in disclosure outweighs the harm to the
protected interest.
3.11.3. Finally, PIO can reject a request for information where such a request for
providing access would involve an infringement of copyright subsisting in a
person other than the State.
3.11.4. The Act also does not apply to the intelligence and Security Organisations
specified in Second Schedule to the Act. However, information pertaining to
allegations of corruptions and human rights violation in the organisations is not
excluded.
3.12. Third Party Information
3.12.1. "Third Party" means a person other than the citizen making a request for
information and includes a public authority.
3.12.2. If the information sought by the citizen pertains to a record or part thereof relates
or has been supplied by the third party and if it is not treated as confidential by
that third party, the PIO is at liberty to provide the same to the applicant.
3.12.3. If, however such above information is treated as "confidential" by that third party,
the following steps have to be taken:
• The PIO gives a written notice to the third party, within 5 days of receipt of
the application, and conveys his intention to disclose the information or record
etc. He also asks the third party to make a submission regarding whether the
information should be disclosed or not.
• The third party should, within 10 days from the date of receipt of notice from
the PIO, make a representation against the proposed disclosure.
• The PIO can, within 40 days after the receipt of application for information if
the third party has been given an opportunity to make representation, make a
decision on disclosure.
• Third party is entitled to prefer an appeal against the decision of the PIO.
3.12.4. Except in the case of trade or commercial secrets protected by law, disclosures in
such cases may be allowed, if the Public interest in disclosure outweighs the
importance of any possible harm or injury to the interest of such third party. 11
3.12.5. If the third party is a private individual, the PIO has to be very cautious and
property weigh the consequences as Right to privacy of private individual is
equally important and protected.
3.13. Rejections and Steps Involved
3.13.1. The PIO is required under the Act to either provide the information, on payment
of the requisite fee or reject the request within 30 days of the receipt of the
request.
3.13.2. Grounds on which the PIO may reject the request for information are enumerated
in Sections, 8 & 9 of the Act. (The grounds are given under 'exemptions' at para
3.11.1 to 3.11.4. of the Handbook).
3.13.3. Where a request has been rejected, the following steps are involved:
• Within 30 days of the receipt of the request the PIO will communicate the
decision to the person making the request along with:
i) the reasons for rejection
ii) the period within which an appeal against such rejection may be preferred
(within 30 days of the date of the rejection)
iii) the particulars of the Appellate Authority
• Within 90 days from the date on which the decision should have been made or
was actually received a second appeal can be preferred with the concerned
Information Commission.
• If a third party is involved the concerned Information Commission shall give a
reasonable opportunity of being heard to the third party.
• The onus to prove that a denial (ie rejection) of a request was justified is totally
and exclusively on the PIO.
• The decision of the Information Commission is binding.
3.14. Delay and Incomplete Information
3.14.1. In the case of delay in providing the requisite information to the person seeking it
or the information provided is incomplete, such an eventually could be a basis for
appeal.
3.14.2. The PIO, in addition to maintenance of special registers for receipt of requests for
information and disposal, has also to develop checklists to keep a check on the
pendency and/or completeness of the information provided.
3.14.3. The above needs to be kept and updated because the burden of proving that he
acted reasonably and diligently would be solely on the Public Information Officer.
3.15. Appellate Authority/Information Commission12
3.15.1. The PIOs should be well conversant with the powers and functions of Appellate
Authority and the Information Commission as vested under the Right to
Information Act.
3.15.2. While conveying information or rejecting request for information; while
conveying the fee amount to be paid etc. the PIOs would indicate the right to
appeal and the details of the Appellate Authority to the applicant. Thus paving
way for appeal to be preferred and getting themselves ready for meeting the
requirements of the Appellate Authorities.
3.15.3. If the Information Commission arrives at a decision to levy penalty, it would give
a reasonable opportunity to hear the PIO before the penalty is imposed. The PIO
has, therefore, to prepare himself/herself to justify the action taken by him and
prove that he acted reasonably and diligently, which needs to be supported by
documentary evidence.
3.15.4. The PIO keeps public interest as paramount. When it come to private interest visa-vis public interest, it may not always be possible for him to distinguish between
the two and then take a view whether information sought is to be provided or
rejected. Sometime the line between what is private interest and what is public
interest is thin and could be a difficult situation for the PIO to face.
3.15.5. The State/Central Information Commission (as the case may be) shall impose a
penalty, if in its opinion a PIO has without any reasonable cause:
i) Refused to receive the application for information
ii) Not furnished information within the specified time or
iii) Malafidely denied the request for information or
iv) Destroyed the information which was the subject matter of the request or
v) Obstructed in any matter in furnishing information
The penalty would be Rs.250/- per day if the application is refused or for
everyday in excess of the stipulated time limit till the information is furnished.
Therefore is a ceiling that the total amount would not exceed Rs.25,000/-
3.16. Consolidation & Monitoring
3.16.1. The final responsibility of monitoring implementation of the Act rests with the
Information Commission and the Government. This requires maintenance of
proper data of all applications, appeals, how they had been dealt with. It is,
therefore, necessary that the PIO, in particular, follows clear processes and
systems. 13
3.16.2. To start with, the PIO may maintain Special Registers for inflow of
requests/applications and outflow of information and a checklist to keep a tab on
the timely disposal of applications etc.
3.16.3. Each Government, Centre or State, as the case may be has a duty to compile from
its public authority data pertaining to requests received for information and send
them to the concerned Information Commission. Only PIOs can supply details of
the number of requests received, by each public authority, the number of
rejections and appeals, particulars or disciplinary action taken, amount of less
charged and collected etc. for incorporation/consolidation in such reports.
3.16.4. The success of monitoring system depends upon the quality and quantity of data
maintained and supplied at appropriate time by the PIOs.
3.17. Special Skills of PIOs
3.17.1. The Public Information Officer plays a pivotal role in the implementation of the
Act. The various provisions of the Act expect minimum skill to be possessed by
the PIO in various areas.
3.17.2. The PIO should have complete knowledge and experience of office procedure. He
should have adequate knowledge of record management prevailing with the
public authority.
3.17.3. The PIO needs to know the structure and delegation of powers within the
organisation. He should be well versed with organisation chart, levels of disposal
of cases etc.
3.17.4. The PIO should be good in negotiations with the public, colleagues, third party
and others so that he could attend to his duties as PIO smoothly.
3.17.5 The work of PIO is additional to the work he performs as an officer of the public
authority. He should be able to apportion time available with him on various
activities entrusted to him. Availability of inadequate time cannot be the basis for
delay in disposal of requests for information or for supply of incomplete
information.
