Latest rti letters
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This document contains instructions and templates for Public Information Officers regarding their duties and responsibilities under the Right to Information Act 2005. It provides guidance on properly forwarding RTI applications and appeals to the relevant authorities. It also includes templates for rejecting applications if the requests are vague or non-specific, transferring applications to other departments as needed, notifying third parties about disclosed information, and collecting additional fees from applicants. The document advises PIOs to handle requests courteously and within statutory timeframes, while protecting privacy and following legal exemptions. It also outlines best practices for PIOs and APIOs to assist applicants and maintain updated records to facilitate information disclosure.
Latest rti letters
- 1. Forwarding of Application/Appeat by the APIO/PIO To The PIO The FAA The state information Commission Sir, Sub:- Forwarding RTI Application /Appal Id.No...... dated..... I am to forward herewithan application/Appealin original received on....... From th following applicantunder5(2) of RTI,Act2005, for necessary action. Applicant Name: Address: The Applicant has deposited fee ofRs ...../BPL certificate to this office. It is requested that further action may be taken at your end. Yours faithfully APIO/PIO Copy forwarded for information to the Applicant with the request to contact the above addressed officer.
- 2. Intimation for deposit further fee(By the PIO to the Applicant) O/othe PIO and Address No.... Date. To The Applicant and postal Address. Sir/Madam, Sub:- RTI Act2005- Deposit cost of information. Ref:- 1.Go.Ms.No 454 GAD dt.1.1.2005. 2. Please refer to your Application IDNo. Dated for obtaining information Under RTI 2005. You are requested to pay a sum of Rs...for the cost of providing information, which has been as per details given below. Xerox pages....... Floppy ...... CDs....... Add Postal Charges...... Total ....... You are requested to deposite the above amount with the PIO. It may please be noted that intervening period between the dispatch of information and payment of fee shall be excluded for the purpose of calculating the prescribed period as per 7(3)(a) of the Act. You have a right to get the decision for deposite of further fee received for such you can apply to the FAA whose addressis given below. 7(3)(b). Y/F
- 3. Transfer of Application to the other PIO (to be done within 5 Days) O/oPIO Id.No To PIO Sir/Madam. Sub:- Transfer of Application ID .No received 6(3) of RTI Act 2005. I had received the above application on .....under RTI ,Act 2005. The requested application not fall within my jurisdiction (or) the following parts does not fall within my jurisdiction. Specify them 1. 2. The application/part of as therefore being transferred to you under 6(3) of the Act further necessary Action. In case it does not fall under your jurisdiction, it may please be further transferred to PA to which the subject matter is closely connected directly under intimation to the Applicant. Y/F Encl: Application Original. Copy forwarded to the Applicant.......
- 4. Rejection Order From To Sir/Madam, Please refer to your application and No.(registered) date addressed to the PIO regarding supply of information under 2005. The information asked for cannot be supplied due to the followingreasons. 1. 2. As per the Sec 19 of RTI Act 2005, you may like to file an application within 30 day of the issue of this order to the first level AA. Whose particular are give below. Y/F Name, Designation Address of the FAA
- 5. Intimation for Deposit of further fee ( Cost of Information) To The Applicant Sub:- Deposit of further fee(cost of Information) Sir/Madam Please refer your application Regd No. Dated of PIO for obtaining information under RTI 2005 Youare requested todeposit a sum of Rs.... representing the cost of providing information,which has been as per details given below. 1. Xerox Copies 2. Floppy 3. CDs 4. Maps/Sketchs etc 5. Postage for parcel Total ....... Therefore you are requested to deposit the amount as soon as possible. It may be please be noted that the intervening period between the despatch of this information and payment shall be excluded for the purpose of 7(3) of the Act. You have a right to get the decision for deposit of further forreceived for which you can apply to the FAA whose address is given below.
- 6. Transfer of Application to the other PIO (To be done within 5 working days) To The PIO Sir, Sub:- Transfer of Application I.D.No........ received from Sri..... under 6(3) RTI Act 2005 -Regarding. I am in receipt of the above application for information on The requested information deosnot fall within my jurisdiction. Therefore the application/partof application is therefore being transferred to you and 6(3) of the Act for necessary action. If it does not fall under your jurisdiction it may please be transferred to the PA to which the subject matter is more closely connected directly under information to The applicant. Y/F Encl: Application is Original. Copy forwarded to the Applicant Sri/Smt..........
- 7. Forwarding of Application/Appeal RTI 2005 Time Bound To The PIO FAA CICI SIC Sir/Madam Sub:- forwarding of RTi application/Appeal Regd No.Date.. I am to forward herewithan application/Appeal is original received on (date)......from the following applicant under Sec5(2) of RTI Act 2005. Name & Address The Applicant hasde posited RS 1/05/ BPL certificate to this office. In view of this it is requested that further necessary action in the matter may please be taken at your end. Y/F Encl:- Application in Original.
- 8. Form of Notice to the Third party (Sec 11(1)of RTI 2005) From To Smt. Md.Kalyani. Sir/Madam, Whereas Mr. Resident of.....hasfiled an application on .......withthe PIO under RTI 2005, to supply the following information pertaining to you(Mention Contents) And whereas i am intended to disclose the above information(or) Record(or)part of record to the applicant. Therefore you are hereby called upon to make your submissions in writing or orally the objections and reasons if any. The objections or reasons against the proposed disclosure should be made within 10days from the date of receipt of the Notice, failing which i will take decision or in accordance with provision of the Act without giving further notice.
- 9. Request for information must be specific (It should not be vague) 6(1)(b)of RTI Act 2005 1. Information did not commit a definite time. 2. When it should not be within the definition of 2(f) and2(j) of the Act. 3. It should not be frivolous. 4. Not Clearly defined. 5. Not certainrequest 6. Not Distinct 7. Not precise 8. Notparticular 9. Notdefinate 10.When it is ambiguous/Vague/Vohmimous CIC Decisions: The following are not specific queries for information under RTI2005. 1.Information did not commit for a definite time. SandeepSaini V/s Govrt of NCJ Delhi dtd. 23.10.2008CIC Digest Vol II 2527(1817). 2. The queries of appellant do not pin pointed any information that can be provided to him. they are loaded with assumptionsand presumptions. Veerappan v/s Dept civil supplies & consumer affairs dtd. 24.11.2008 CIC Digest Vol II 2567(1983). 3.Allegation made on certainpresumption are not enough ground for disclosure of information. Chandra shekar V/s Dept Telecommunication dt.1501.2008 CIC Digest Vol II 1991(963). 4. information extremely general and non specific and also vohminous covering long stretchof time. S.D. Ramola V/s Railway board dt.03.04.2008. CIC Digest Vol II 2168(1178).
- 10. Instructionsto PIOs/APIOs. 1. Whenever they receive application personally from the citizen, they must see specific particulars immediately. 2. If the application received by post/ email should contact and get clarity on their request. 3. Even though he was remained on this if the applicant could not turned or clarified the PIO/APIO reject the application duly specifying the particulars of appellate Authority Immediately. 4. If the applicant not enclosed by required free or BPL certificate wait till 7 days and the reject the application and inform the particular AA.
- 11. PIOs Dos 1. To find out the source of information in the primary objectof the PIO Under this Act. 2. To deal courtesiously with Applicants. 3. Keepready and update all records and registers to provide information seeker 4. If required provided reasonable assistance to the Applicants. 5. Collect required application fee/BPL?WRC 6. Immediately register the application and issue acknowledgement to the applicants. 7. then prepare a calculate sheet as per the Gos and send it to the applicant to bear cost information along with required postage. 8. Strictly adhere to the time schedule of disclosing information. 9. If thge subject matter is closely related to another department/ even if it is a pant it should be specified and transfer the application within 5 days(calendar days). 10.Whenever the PIO rejected the application should state reasons for rejection, period of appeal and AA address and period (speaking order) 11.He should study and understand the Act properly for the best implementation. 12. Better get himself trained on RTI Act 2005. 13.PUIO should protect the privacy of the individuals in disclosing the information. 14.Provide full and unambiguous (clear) information to the applicant 15.He can provide revdew on cost of information in two occasions 7(3)(b) and 10(i)(e) 16.In case of vohminous /vexious information applied by citizen, advise him to prefer inspection of records/minimisingtherequirments. 17.PIO is the custodian of the Act. 18.PIO is a quasi judicial authority. 19.The Act onus proof lies withthe PIO 20.He should act within the scope of the Act. 21.Should be well acquitted with record retention rules.
- 12. 22.He should be conversant with the principlesof Natural Justice and application of public intent concept while disposing the applications. 23.PIO should take the assistance of APIO while sending reports to the Collector/HOD/ information Commission. 24.He should try to minimise the appeals to FAA/informationCommission at his level. PIO Don’ts 1. PIO need not take approval of his boss while discharging informationto the citizen. 2. Official procedures/delegation of duties are not applicable to the PIO 3. He should not exceed time frame while discharging information(penal action will be taken against him) 4. He should charge excess fee/costof informationfor the applicants. 5. He can not shrink his responsibilities 6. He cannot complie issue clarification opinion and clarification on information 7. He is not a monitoring Authority 8. He cannot ‘FAX’ information 9. He should avoid to give different versions on any subject matter 10.He need not furnish information intended for future purpose 11.He can not provide information of Law enforcement(police) 12.He can not provide information other than citizens 13.He can not create/generate information 14.Refreshfrom providing textual information 15. While transferming under 6(3) he should not deviate guidelines issued by the DOPT 16.Data cannot be provided
- 13. Role and responsibilities of APIO Aim: the citizens have give facilities to file their applications for information /Appeals/complaints of the citizens at their door steps. Sec 5()of RTIAct 2005 and 2(c) and 2(m) of PIO includesstate APIO 1. To receive applications on behalf of the PIO along with required frr/BPL certificate(white ration card Xerox copy) 2. To to register the application and issue receipt to the applicant 3. To obtain specified particulars from the applicant for the clear understanding of the PIUO/APIO 4. Then findout the source of information 5. If the application pertains to other departments recommend to the PIO to transfer the application with in 5days. 6. If the information belongs to his office estimate the cost of information and send it immediately to applicants for collecting cost of information. 7. Add postage charges for the cost of information 8. To deal courtesiourly with applicants. 9. If the applicant is illiterate/disable assist him in filing application ( write down the particulars) 10. He should keep the identityof the applicant confidentially Best Practices 1. He should study the Act carefully 2. He should know the working style other departmentsand directly of the PIO/APIOs 3. He should advise the staff/colleques to keepall the material Records and Registersupdate and correct. 4. He should take all possible steps to assist the PIO in disposal of applications 5. He should RTI Registration(prescribed) intact and preserve it for one year 6. He should prepare periodicals to the PIO for onwards submission to collector/HOD once in 3 months 7. And notes for the visits of information commission during visits to Districts.
- 14. The following are the guidelines as per the provisions of the Act. 1. When the information relates third party it is mandatory for the PIO to issue a notice to such third party 2. The notice must contain the particulars, that PIO intended disclose the information or records/part of record, inviting the third party to make a submission regarding disclose of information 3. The submission may be in writing/ Oral 4. Notice to be given within 5 days from the date of receipt of application 5. Submission made by the third party may be kept in view while taking a decision about disclosure see 7(7) 6. Disclosure may be allowed if public interest in disclosure out weigh possible harm or injury to third party except in certaincases. 7. The third party to show that disclose of information would cause substantial harm and will not serve any public interest 8. Trade or commercial secrets are protected by for Disclosure 9. The PIO shall have to disclose information within40 days after receipt of application 10.Third party may also prefer appeal to the FAA/SIC or CIC 11.The PIO is under an obligation not to disclose a record being covered under exempted category even if the third penality agreed to disclose 12.No veto power to third party
- 15. Scope of RTI Act 2005 The Queriesfor any informationwill need to be passed the tests both the definitions 2(f) & 2(j) of the RTI Act. Rishi kumar V/s DOPT dt.08.08.2007. Outside the Scope of RTI Act 1. Force the public Authority to take certainaction in the court 2. To execute High Court decree 3. Enforce FAA order 4. Information regarding cases under investigation 5. Questionsabout the proceduresto be fallowed 6. Take administrative action at your end 7. The Actions of Public Authority is illegal-declared by the applicant 8. Questioning the competent Authority 9. Reasons for doing or not doing a thing 10.Matters of the of the employees Note:- the scope and ambit of RTI Act does not provide for a citizen to inspect on going inspection process, it outcome thereof in to records for information. Ram bahadurdai v/s RITES Ltd dt.20.05.20120 CIC Digest VolIV 3749(2904)
- 16. Advocate and RTI 2005 Sec 3 of RTI Act 2005 clearly explained that all the citizens shall the right to information. Information pleading by an advocate is voidable But as acitizen(by name) he can seek information CIC held: in DR Agnihotri V/s Maulana Azad National insititue of Technology, Bhopal dt.02.05.2006. CIC Digest Vol I P 1110 The commission observed that the advocate pleading the matter was voidable because the scheme of RTI Act does not required complex interpretation of Law. So, it would have preterred if the appellant presented the case of himself. However the commissionallowed advocate to present matter as an exception. RTI is purly a matter of administration function betweenthe Govt and citizenwhich is neither legislation nor judicial in charactor In administrative matters, there is no legal obligation to adopt a judicial approach to the question decided and decisionare usally subjective rather then objective.
- 17. Court matters-PIO Sec 8(1)(h) 1. There is nothing in the RTI Act which mandate the information regarding any matter providing before any court (or) Tribunal have to be sought only from those courts or Tribunals. Santha Rao V/s Canara Bank dt. 24.03.2008 decided on 07.09.2009 CIC Digest Vol III 3262(2587) 2. Unlessan appropriate court decidesthat interpretation of its directive by public Authority is correct, that interpretation must be held authentic.It cannot be rendered void because another interested party hold a different view . K.G Batana V/s Registrar General,MHA,New Delhi dt.03.04.2007 CIC Digest Vol I 1362(109) 3. The fact in that the matter is already before the court, it is not proper for as to interfere in the matter at this stage. . Gorelal V/s Dept of posts 10.06.2008 CIC Digst Vol II 2238(1287) and other two cases 39.40 4. Any material which is relevant as evidence in the ongoing prosecution should be accused only through court on the orders of the magistrate Nagendra PrakashV/s SEBI decided on 30.10.2009. 5. Once it is established that certain information requested by an applicant is related quries judicial proceedings,RTI Act can not be invoked to access information related to that proceedings Vijaya kumble V/s customs Dept Mumbai decided 23.3.2009 CIC Digest vol III 2959(2305) 6. Even a draft judgement signed exchanged is not to be considered as final judgement but only tentative view liable to changed.A draft judgement therefore, obviously cannot be said to be information held by a PA 7. Supreme court of India Vs subhas Chandra Agarwal dtd.12.01.2010 CIC Digest IV 4446(53).
- 18. Section 9 Section 8 Section 11