This document provides a comprehensive guide for First Appellate Authorities established under the Right to Information (RTI) Act, 2005. It clarifies the process of information requests, appeals, and the responsibilities of Public Information Officers (PIOs) and Appellate Authorities. Key takeaways include understanding the definition of ‘information,’ the rights of citizens to seek...
High Court Observations on Information Commissioner’s Powers Regarding Fee Refunds
This document relays important observations from the High Court of Gujarat regarding the powers of Information Commissioners. It highlights that while State Information Commissioners and Chief Information Commissioners have significant authority to conduct inquiries and impose penalties under the Act, 2005, their powers are limited when it comes to ordering the refund of fees. The High Court has...
Clarification on Powers of State Information Commissioners Regarding Fee Refunds
This directive from the Ministry of Personnel, Public Grievances and Pensions clarifies the powers of State Information Commissioners (SICs) concerning the refund of fees. It highlights that while SICs possess the powers of a civil court under Section 18 of the Right to Information Act, 2005, to summon individuals, take evidence, and demand documents, this power does not extend to ordering the...
Guidelines for Handling RTI Applications Concerning Other Public Authorities
This Office Memorandum provides crucial guidance on how public authorities should manage Right to Information (RTI) applications when the requested information pertains to another public authority. It clarifies that if an application is made to a public authority and the information is held by a different one, the receiving authority must transfer the application to the concerned authority...
Clarification on Handling RTI Applications for Information Held by Other Public Authorities
This office memorandum addresses a recurring issue where applications filed under the Right to Information (RTI) Act, 2005, are received by a Public Authority for information that is either partially or entirely held by another Public Authority. The memorandum clarifies that while Section 6(1) of the RTI Act mandates applicants to address their requests to the ‘concerned Public...
Initiatives for Effective Implementation of the RTI Act, 2005
This document outlines the Central Government’s directive to all States and Union Territories (except J&K) to implement the Right to Information (RTI) Act, 2005 effectively. It highlights innovative steps taken by Andhra Pradesh, including the introduction of an MIS for compiling RTI data, the formation of a high-level Monitoring Committee, and a mass awareness program. The document...
Improving the implementation of the Right to Information Act, 2005
This communication highlights the importance of effective implementation of the Right to Information Act, 2005, emphasizing it as a shared responsibility of the central and state governments. It commends states like Andhra Pradesh for taking innovative steps, such as developing an MIS for data collection from public authorities to aid the State Information Commission’s annual reporting and...
Office Order on Respectful Treatment of Individuals Requesting Information Under the Right to Information Act, 2005
This office order, issued by the Department of Personnel and Training, Government of India, addresses the conduct of public authorities and their officers towards individuals seeking information under the Right to Information (RTI) Act, 2005. The Central Information Commission has highlighted instances where officers are not treating information seekers with courtesy. The order emphasizes that...
Clarification on Information Format Under RTI Act, 2005
This office memorandum clarifies the interpretation of ‘information’ and the format in which it should be provided under the Right to Information (RTI) Act, 2005. It emphasizes that Public Information Officers (PIOs) are obligated to supply the material as it is held by the public authority, rather than extracting or deducing information. While citizens have the right to receive...
Clarification on the nature of ‘Information’ under the Right to Information Act, 2005
This document clarifies the scope of ‘information’ as defined under the Right to Information Act, 2005. It addresses common requests where individuals ask public information officers (PIOs) to search for information within documents or present it in a specific format. The clarification emphasizes that while Section 7(9) allows information to be provided in the format requested, it...