Public Authorities are duty bound to provide information under the Right to Information Act and have to designate Officers as Public Information Officers in all their administrative offices. At the lower level offices ( sub-divisional and sub-district level) the designated Officers are known as Assistant Public Information Officers. In organizations of Central Government, they are known as Central Assistant Public Information Officers (CAPIOs) and in organizations of State Governments, they are known as State Assistant Public Information Officers(SAPIOs).
The role assigned to Assistant Public Information Officers are limited and are detailed below:
• receiving applications for information/appeal from citizens requesting for information and wishing to file first or second appeal.
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• Forward the applications received to the concerned Officer within five days of receiving the application.
- Applications requesting for information have to be forwarded to the Public Information Officer
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- Applications of First Appeal have to be forwarded to the First Appelate Authority, who under the Act is the immediate superior officer of the Public Information Officer
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- Applications of Second Appeal have to be forwarded to the Information Commission, the Central Information Commission in case you are a part of the Central Government organization and to the State Information Commission if you are a part of the State Government establishment.
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• Provide assistance to people who are interested in filing request application for information but are unable to put the same in writing.
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The relevant provisions of the Right to Information Act are contained in Section 5(2) and 6(1) of the Act which read as follows:
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5. |
(2) |
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Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:
Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7. |
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6 |
(1) |
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A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to— |
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(a) |
the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; |
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(b) |
the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
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There is no provision for appeal against any action of the Assistant Public Information Officer. If there is a default on his part, a direct complaint to the Commission lies. The relevant provisions are detailed below:
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Powers and functions of the Information Commissions, appeal and penalties |
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(1) |
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Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— |
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(a) |
who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; |
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(b) |
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The Commission has the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. They have the following powers:
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18. |
(3) |
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The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— |
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(a) |
summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; |
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(b) |
requiring the discovery and inspection of documents; |
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(c) |
receiving evidence on affidavit; |
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(d) |
requisitioning any public record or copies thereof from any court or office; |
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(e) |
issuing summons for examination of witnesses or documents; and |
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(f) |
any other matter which may be prescribed.
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The powers of Commission to impose penalty are contained in Section 20 of the Act which reads as follows:
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20 |
(1) |
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Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: |
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Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: |
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Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
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The Information Commission can impose penalty on the Assistant Public Information Officer. The penalty amount is Rs. 250/- per day subject to maximum of Rs. 25,000/-. And, the penalty has to be borne by the Officer out of his own pocket. This penalty can be imposed in the following circumstances:
• Refusing to accept application
• Not supplying information within prescribed time without reasonable cause
• Malafidely denying information
• Knowingly giving incomplete, incorrect or misleading information
• Destroying information requested for
• Obstructing the supply of information in any other manner
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In the above provisions, reasonable cause and malafide intention do find mention and reasonable opportunity provision also exists, but the imposition of penalty is contingent upon mere 'OPINION” of the Commission and not upon any stringent criterion of ‘satisfaction' or ‘belief'.
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Notice also that the onus shall be on the Assistant Public Information Officer to establish that the act was not deliberate and the Officer acted in good faith in fulfilling the duties.
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The Commission can go even beyond to recommend disciplinary action on persistent default of any Public Information Officer. The relevant provisions are:
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20. |
(2) |
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Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him. |
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| So, watch carefully. |
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