RTI Guidelines for PIOs & Appellate Authorities

RTI Guidelines for PIOs & Appellate Authorities

(Consolidated from 22-page OM No. 1/32/2013-IR & 1/3/2008-IR, DoPT)

1. Core Objectives

• Transparency: Ensure timely, citizen-centric information disclosure under RTI Act, 2005.
• Accountability: Streamline roles of Public Information Officers (PIOs) and First Appellate Authorities (FAAs).
• Compliance: Reiterate guidelines to minimize second appeals to Information Commissions.

2. Key Directives for PIOs

A. Information Disclosure

• Exemptions: Reject requests under Sections 8 & 9 (e.g., national security, Cabinet papers).
• Partial Disclosure: Sever non-exempt portions and supply them with justifications.
• Third-Party Data: Follow 10-day notice procedure if disclosure affects third-party interests.

B. Fees & Time Limits

• Application Fee: ₹10 (waived for BPL applicants).
• Additional Charges: ₹2/page (A4/A3), ₹50/diskette, or actual cost for samples.

Timeframe:

• Normal Cases: 30 days.
• Life/Liberty Cases: 48 hours.
• Transferred Requests: 30 days from receipt by new authority.

C. Rejection Protocol

Mandatory communication of:

• Reasons for rejection.
• Appeal window (30 days) and FAA details.

3. Guidelines for First Appellate Authorities

A. Appeal Handling

• Quasi-Judicial Role: Pass speaking orders with detailed justifications.
• Time Limit: 30 days (extendable to 45 days with recorded reasons).
• Options: Direct PIO to supply info or provide it directly alongside the order.

B. Third-Party Appeals

• Process: Third parties may appeal against disclosure within 30 days of notice.
• Stay on Disclosure: Info withheld pending appeal resolution.

Also read :Regarding Implementation of RT 2020-21 in Karnatarka Circle

C. Enforcement

• Non-Compliance: FAAs may escalate to higher authorities if PIOs ignore orders.
• Seniority: FAAs must be senior to PIOs to ensure authority.

4. Critical Provisions

• Overriding Effect: RTI Act supersedes other laws (e.g., Official Secrets Act).
• 20-Year Rule: Exemptions (except S.8(1)(a),(c),(i)) expire after 20 years.
• BPL Benefit: Fee waiver for below-poverty-line applicants.

5. Keywords

• RTI Act 2005 guidelines
• PIO and FAA roles
• Information disclosure exemptions
• Third-party RTI appeals
• BPL fee waiver RTI
• Time limits for RTI replies
• DoPT circular on RTI
• Speaking order FAA

6. Annexure Highlights

• Definition of "Information": Includes records, emails, samples, and electronic data.
• Formats: Info to be provided in requested form (unless resource-intensive).
• Record Retention: Follows departmental schedules; no indefinite retention mandated.

7. Contact & Reference

• Issuing Authority: DoPT, Ministry of Personnel, GoI.
• OM Numbers: 1/32/2013-IR (2015) & 1/3/2008-IR (2008).

Applicability: All Ministries/States/UTs.

Also read :RTI reply regarding Releasing Fee for NSC Certificates and Submission of PAN Card

Note: These guidelines aim to balance transparency with legal safeguards while reducing appellate burdens. For disputes, refer to Central/State Information Commissions.