Office Memorandum on Right to Information Act, 2005 Implementation

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This Office Memorandum from the Ministry of Personnel, Public Grievances and Pensions outlines key steps for Ministries and Departments to implement the Right to Information Act, 2005. It emphasizes ensuring that Public Information Officers (PIOs), Assistant PIOs, and Appellate Authorities are in place. The memo also directs the submission of details regarding nodal officers and lists of PIOs/APIOs/Appellate Authorities, including their contact information, to the Central Information Commission. To facilitate public access, steps should be taken to allow applications to be filed by post, with clear instructions on payment methods. The document clarifies that applications can be received by any PIO, who will then direct it to the appropriate officer. It further states that applications can be submitted on plain paper, either in writing or electronically, without requiring a formal form or any justification from the applicant. Ministries are urged to issue necessary orders to officials to comply with these directives and to avoid asking unnecessary questions. A compliance report is to be submitted to the Central Information Commission by February 24, 2006.

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Most Immediate Time Bound

F.No.1/4/2006-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi Dated 94th February, 2006
21st

OFFICE MEMORANDUM

The undersigned is directed to say that the Central Information Commission, on the basis of suggestions and complaints received from members of public, has desired that the following steps should be taken by Ministries/Departments regarding the Right to Information Act, 2005 within individual jurisdiction.

  1. The PIOs, APIOs and Appellate Authorities are placed in all public authorities set up from Ministry’s/Department’s budget or under administrative control of Ministry/Department, if they are not already there.
  2. Furnishing to the Central Information Commission the details of nodal officer appointed for implementation of the Act and the complete list of PIOs/APIOs and the Appellate Authorities alongwith their contact details, namely addresses, phone numbers, e-mail addresses and fax numbers.
  3. Steps be taken to enable people to file their applications by post. To make this easy, awareness should be generated through print and electronic media regarding the name of the bank account into which the demand draft or bankers cheque should be accepted. The particulars of these bank accounts should be furnished to the Central Information Commission.
  4. Some Ministries/Departments have appointed several Public Information Officers having different jurisdictions. In such case a clarification may be issued to the effect that application can be received by any PIO whose duty it would be to direct it to the PIO concerned under intimation to the applicant.

  1. In case a person writes directly to the Head of Department/Office enclosing the required fee, it should be ensured that application reaches the proper PIO under intimation to the applicant.
  2. The Right to Information Act, 2005 does not provide for any formal application form for acquiring access to information. The Act also states that request for information can be sought ‘in writing or through electronic means……..’ therefore, application for information on plain paper are also to be received and replied within the prescribed time limit.
  3. Section 6(2) of the Right to Information Act, 2005 states that no person seeking information shall be required to give any reason for his request. Therefore, necessary orders may be issued to all the officials in the Ministries/Departments/Public Authorities to comply with the directives of the Act and not to ask unnecessary questions from complainants/applicants.

It is requested that action on the above points may be taken at the earliest and a compliance report sent to the Central Information Commission by $24 / 2 / 2006$.
(C.A. Subramanian)

Deputy Secretary to the Government of India

To
All Ministries/Departments

Copy to
PPS to Secretary (P)
PS to JS(AT\&A)
PS to JS(E)
Director(Admn.)
A11 Director/Deputy Secretaries/Section in the this Minsitry
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