Flow Chart of the Request for Information FLOW CHART NO.

Request
Information in 30 days OR Information in 40 days (Information related to 3rd party) Citizen (48 hours- if the request is regarding Life & Liberty of a Person) Public Information Officer

(35 Days- if the request is submitted to Assistant Public Information Officer)

FLOW CHART NO. 2 Flow Chart of the Request for Information (IF REJECTED)

Request

1st Appeal 30days

2nd Appeal 90days Decision 30/45days Final

Decision 30/40days Decision Citizen

PIO

Senior Officer

Central/ State Information Commission

Complaints

FLOW CHART NO. 3

Right of the Citizen

Duty of Public Authority

Written

Oral

Citizens Request for Information

Essentials

Not necessary

Particulars of Required info.

Personal Details.

Receiving Address

Reasons for request

FLOW CHART NO. 4

Duty of Public Authority

Not respondi ng for 30 days = Refusal

To take Request for Info.

To help in writing oral request Intimate refusal within 30 days CITIZE N Intimating fee & cost, if granted Intimate reasons for refusal

Appellate Authority and time for appeal

FLOW CHART NO.5

Anything which can be given to legislatur e

Facsimile Floppy, Disk

Microfilm Microfich e Print out

Suggestio ns Press Notes Circulars Logbooks

What is informa tion S 2 (f), (i), (j), 4

Reports Papers Samples Data

RECORD DOCUMENTS MEMOS EMAILS OPINIONS

FLOW CHART NO. 6

Particulars Policies Decisions Notifications Administrative Decisions Orders Agreements Details about Development Works Officers, thenSalaries Particulars of PIOs or APIOs Distributi on Procedur Resolutions of Councils Committees, Conferences e for Compens ation Decision making process Accountability Subsidies Eligibilitie s for Govt. Schemes Program mes Regulatio ns Rules of Public Authority, Governme nt Departme nt Working

Budget
Expenditu re

Facilities for Citizen

FLOW CHART NO. 7

Decisio ns Resolut ions

No Debates File Notes

Cabinet (Council of Ministers)

No Material which not led to decision s

Reports & Material as basis Of Decision s

FLOW CHART NO. 8

Information about Allegation of Corruption With Info. Commissioners consent

Functi ons Duties

Police Intelligenc e Security Departme nts

All other Nonsecurit ies inform ation

Information about violation of Human Rights with Info Commissioners consent

FLOW CHART NO. 9

WHAT IS RIGHT TO INFORMATION (To receive information under custody of Public Authority) Section 2(f), (i), (j), 3

Inspection

Taking

Obtaining

Works

Notes

Discs, Tapes

Extracts Floppies, Videos

Docume nts

Certified Copies

Recor ds

Certified samples of material

Prints out

Section 2

information meansany material in any form, including

information relating to any private body which can be accessed by a public authority under any other law for the time being in force

record includes(a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not) (d) any other material produced by a computer or any other device s.2(i)

records documents memos e-mails opinions advices press releases circulars orders

logbooks contracts reports papers samples Models data material held in any electronic form ;

right to information means-

the right to information accessible under this Act which is held by or under the control of any public authority includes the right toi. inspection of work, documents, records; ii. taking notes, extracts or certified copies of documents or records iii. taking certified

obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; s.2(j)

iv.

samples of material

FLOW CHART NO. 10

20 YEARS OLD Subject to S. 8 (a) (c) (i)

For Public Purpose

INFORMATI ON

CITIZEN

Though Prohibited By Official Secrets Act Sec 8(2)

Exemption from disclosure of information There shall be no obligation to give any citizen(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 foreign State or lead to incitement of an offence. s.8 (1)(a) (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature. (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: But the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over.

The information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything in the Official Secrets Act nor any of the exemptions permissible in accordance with s.8 (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. s.8(2)

FLOW CHART NO. 11

GOVT. GOVT.DEPT DEPT Constitution Constitution

Public PublicBody Body By ByLaw Lawof of Parliament Parliament Self SelfGovt. Govt.Inst. Inst.

PUBLIC PUBLIC AUTHORITY AUTHORITY

Institution Institution funded fundedby by Govt. Govt.

Law of Law ofState State Legislature Legislature

NGO NGOfunded funded By ByGovt. Govt.

By ByGovt. Govt. Notification Notification

Public Public Undertaking Undertaking

FLOW CHART NO. 12

CITIZE N

Asst PIO

Officers of Help

PIO
Union Govt. Senior Officer Appellate Authority

PUBLIC AUTHORIT Y

INFORMATION COMMISSION State Govts.

Chief Information Commissioner

Information Commissioner (10)

The Central Information Commission shall consist of(a) the Chief Information Commissioner; and (b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

FLOW CHART NO. 13

TIME TIMELIMITS LIMITSFOR FORRIGHT RIGHTTO TOINFORMATION INFORMATION

CitizensRequest Request Citizens For Information For Information

APIO/PIO APIO/PIO

30 Days ToTo give 30 Days and or refuse give and or

48 Hours 48 Hours Life/Liberty Life/Liberty

refuse

30 Days to Appellate Authority

30 Days to Appellate Authority 30-45 days for Completing Trail 30-45 days for Completing Trail

Days to Info. Commission Commission 90 90 Days to Info. 30-45 days for Completing Trail 30-45 days for Completing Trail

Disposal of request The PIO on receipt of a request shall, as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information or reject the request for any of the reasons specified in sections 8 and 9. where an application for information or appeal is given to APIO, a period of five days shall be added in computing the period for response. where the information sought for concerns the life or liberty of a person, the same shall be provided within fortyeight hours of the receipt of the request.

First Appeal Any person who, does not receive a decision within the time specified or is aggrieved by a decision of the PIO may within 30 days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the PIO in the public authority.s.19(1) Where an appeal is preferred against an order made by PIO under s.11 to disclose third party information, the appeal by the concerned third party shall be made within 30 days from the date of the order. s.19(2)

s.7(1)

FLOW CHART NO. 14

TIME LIMITS FOR THE GOVERNMENT

120 Days to disclose particulars PUBLIC AUTHORITIES

120 Days to designate PIOs

90 Days to Constitute ICs

The Government
18 Months of frame guidelines for use manuals etc.

public authority
meansany authority or body or institution of selfgovernment established or constituted(a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; s.2 (h)

FLOW CHART NO. 15

PENALTIES UNDER INFORMATION ACT IMPOSED BY INFORMATION COMMISSION

Refusing to Take request

Not responding Within 30 days

Malafide Denial of info

Knowingly Giving wrong info.

Incomplete Misleading info.

Destroying Information

Obstruction to furnishing info

Penalty of Rs. 250 per day Up to Rs. 25000

Recommendation to Take Departmental Action

Penalties Where the Information Commission is of the opinion that the PIO has, without any reasonable cause: refused to receive an application for information has not furnished information within the time specified malafidely denied the request for information knowingly given incorrect, incomplete or misleading information destroyed information obstructed in any manner in furnishing the information it shall impose a penalty of 250 rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed 25000 rupees. s.20(1) Provided that the PIO shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the PIO. It shall recommend for disciplinary action against the PIO if she persistently violates the provisions of the Act.

FLOW CHART NO. 16

INFORMATION WHICH CANT BE GIVEN

Harmful to

Prohibite d by

Commerc ial

Injuring others Rights

Sovereignty Integrity Security Strategic Economic Scientific Foreign relations Incite offence Confidential info Source of info Enforcement of law

Courts Tribunals Contempt of Court Privileges of Parl. Process of Investigation Impedes arrest or prosecution Cabinet papers Debates, Notes Info about ogrn. Listed in Sch II

Trade Secrets Not useful in Confidential Interest of Intellectual people property Privacy of Rights third Affecting party Competitive Injuring Interests of copyright others of others Received in Injuring trust interests of Unless third party justified Unless to be justified to be disclosed in disclosed in public interest public interest

Exemption from disclosure of informatio n There shall be no obligation to give any citizen(a)

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

informatio n, (c) information, disclosure the disclosure of of which which would would cause a breach prejudiciall of privilege of y affect Parliament or the the sovereignty State and Legislature. integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. s.8 (1)(a)

(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 the larger public interest warrants the disclosure of such information

information received in confidence from foreign Government. (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. (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 unless the PIO is satisfied that the larger public interest justifies the disclosure of such information:

FLOW CHART NO. 17

Person other Than Applicant

Seeking INFORMATION ABOUT THIRD PARTY

Third party Include Public Authority

Notice
PIO Thir d part y

To respond IN 5 DAYS
Request Not to Give

PIO tells he would like to give information sought Third party seeks chance to plead not to give info (10 days) After hearing Third party, if PIO decides to given that, issue notice To third party, who can appeal to Information Commission

Third party information (1) Where the PIO intends to disclose any information, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the PIO shall, within five days from the receipt of the request, give a written notice to such third party and invite the third party to make a submission in writing or orally, and such submission shall be kept in view while taking a decision. s.11 Except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. The PIO shall, within 40 days after receipt of the request, make a decision and give in writing the notice of his decision to the third party. The third party to whom the notice is given is entitled to prefer an appeal.

FLOW CHART NO. 18

INFORMATION COMMISSIONER

Team of P.M, LoP, Minister Recommends

Team of C.M, LoP, Minister Recommends

Preside nt Appoint s

Govern or Appoint s

IC at CENTER

IC at STATE

Information Commission er

CHIEF IC

Information Commissio ner

CHIEF IC

The Central Information Commission shall consist of(a) the Chief Information Commissioner; and (b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

The State Information Commission shall consist of(a) the State Chief Information Commissioner; and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

FLOW CHART NO. 19

POWERS & FUNCTIONS OF INFORMATION COMMISSIONER

POWER

REMOVAL

FUNCTIONS

CIC=CEC, SCIC=SEC IC=EC, SIC=CS

Adjudged Insolvent

Superintendenc e, Appeals

Upto 65 no reappointment Not more than 5 years

Conviction of moral turpitude

Hearing complaints of Denial, excess fee Direction to give information

At par with Civil Court

Paid Employment Financial Interests Infirmity of mind or body

Impose penalties Direct Dept. action Summoning

Summoning persons Documents Public Records

s.18. Powers and functions of Information Commissions It shall be the duty of the Information Commission, as the case may be, to receive and inquire into a complaint from any person who has been unable to submit a request to a PIO, either by reason that no such officer has been appointed, or because the APIO has refused to accept his or her application or appeal for forwarding the same to the PIO or senior officer or the Information Commission. s.18 (1)(a) (b) who has been refused access to any information requested. (c) who has not been given a response to a request for information or access to information within the time limit specified. (d) who has been required to pay an amount of fee which he or she considers unreasonable. (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

14(3)

(3) Notwithstanding anything contained in subsection (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be, (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

13(5) The salaries and allowances payable to and other terms and conditions of service of (a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner; (b) an Information Commissioner shall be the same as that of an Election Commissioner:

FLOW CHARTS PREPARED FOR: ACTION GROUP FOR RIGHT TO INFORMATION PRESS ENCLAVE, C.P 13, SECTOR C, ALIGANJ LUCKNOW FLOW CHARTS PREPARED BY: Dr. NIRAJ KUMAR MOBILE: 0 - 9415787095