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Page 1: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM
Page 2: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

EVERY PUBLIC AUTHORITY SHALL, WITHIN ONEHUNDRED DAYS OF THE ENACTMENT OF THIS ACT,DESIGNATE AS MANY OFFICERS AS THECENTRAL/STATE PUBLIC INFORMATION OFFICERS(PIO) IN ALL ADMINISTRATIVE UNITS OR OFFICESUNDER IT AS MAY BE NECESSARY TO PROVIDEINFORMATION TO PERSONS REQUESTING FOR THEINFORMATION UNDER THIS ACT. S.5(1).

DESIGNATION OF PUBLIC INFORMATION OFFICERS

Page 3: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

EVERY PUBLIC AUTHORITY SHALL DESIGNATE ANOFFICER, WITHIN ONE HUNDRED DAYS OF THEENACTMENT OF THIS ACT, AT EACH SUB- DIVISIONALLEVEL OR OTHER SUB-DISTRICT LEVEL AS ACENTRAL/STATE ASSISTANT PUBLIC INFORMATIONOFFICER TO RECEIVE THE APPLICATIONS FORINFORMATION OR APPEALS UNDER THIS ACT FORFORWARDING THE SAME FORTHWITH TO THECENTRAL/STATE PUBLIC INFORMATION OFFICEROR SENIOR OFFICER SPECIFIED UNDER S.19(1) ORTHE CENTRAL/STATE INFORMATION COMMISSION:S.5(2)

DESIGNATION OF ASSISTANT PUBLIC INFORMATION OFFICERS

Page 4: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

EVERY PIO SHALL DEAL WITH REQUESTS FROMPERSONS SEEKING INFORMATION AND RENDERREASONABLE ASSISTANCE TO THE PERSONS SEEKINGSUCH INFORMATION. S.5(3)

THE PIO MAY SEEK THE ASSISTANCE OF ANY OTHEROFFICER AS HE OR SHE CONSIDERS IT NECESSARYFOR THE PROPER DISCHARGE OF HIS OR

HER DUTIES. S.5(4)

OBLIGATION OF PUBLIC INFORMATION OFFICERS

Page 5: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

ANY OFFICER, WHOSE ASSISTANCE HAS BEENSOUGHT UNDER SUB-SECTION (4), SHALLRENDER ALL ASSISTANCE TO THE PIOSEEKING HIS OR HER ASSISTANCE AND FOR

THE PURPOSES OF ANY CONTRAVENTION OFTHE PROVISIONS OF THIS ACT, SUCH OTHEROFFICER SHALL BE TREATED AS A PIO. S.5(5)

OBLIGATION OF PUBLIC INFORMATION OFFICERS

Contd…

Page 6: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

A PERSON, WHO DESIRES TO OBTAIN ANYINFORMATION UNDER THIS ACT, SHALL MAKE AREQUEST IN WRITING OR THROUGHELECTRONIC MEANS IN ENGLISH OR HINDI ORIN THE OFFICIAL LANGUAGE OF THE AREA INWHICH THE APPLICATION IS BEING MADE,ACCOMPANYING SUCH FEE AS MAY BEPRESCRIBED, TO THE PIO OR THE APIO. S.6(1)

REQUEST FOR OBTAINING INFORMATION

Page 7: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE SUCH REQUEST CANNOT BE MADE IN WRITING, THE PIO SHALL RENDER ALL REASONABLE ASSISTANCE TO THE PERSON MAKING THE REQUEST ORALLY TO REDUCE THE SAME IN WRITING.

REQUEST FOR OBTAINING INFORMATION

Contd…

Page 8: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

AN APPLICANT SHALL NOT BE REQUIRED TO GIVE ANY REASON FOR REQUESTING THE INFORMATION OR ANY OTHER PERSONAL DETAILS EXCEPT THOSE THAT MAY BE NECESSARY FOR CONTACTING HIM. S.6(2)

REQUEST FOR OBTAINING INFORMATION Contd…

Page 9: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE AN APPLICATION IS MADE TO A PUBLICAUTHORITY REQUESTING FOR AN INFORMATION,WHICH IS HELD BY ANOTHER PUBLIC AUTHORITY ORTHE SUBJECT MATTER OF WHICH IS MORE CLOSELYCONNECTED WITH THE FUNCTIONS OF ANOTHERPUBLIC AUTHORITY THE PUBLIC AUTHORITY, TOWHICH SUCH APPLICATION IS MADE, SHALLTRANSFER THE APPLICATION OR SUCH PART OF IT ASMAY BE APPROPRIATE TO THAT OTHER PUBLICAUTHORITY AND INFORM THE APPLICANTIMMEDIATELY ABOUT SUCH TRANSFER: THETRANSFER SHALL BE MADE AS SOON AS PRACTICABLEBUT IN NO CASE LATER THAN FIVE DAYS FROM THEDATE OF RECEIPT OF THE APPLICATION. S.6(2)

Request for Obtaining Information Contd…

Page 10: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

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. S.7(1)

Disposal of Request

Page 11: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

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 FORTY-EIGHT HOURS OF THE RECEIPT OF THE REQUEST.

Contd…

Disposal of Request

Page 12: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

IF THE PIO FAILS TO GIVE DECISION ONTHE REQUEST FOR INFORMATION WITHINTHE PERIOD SPECIFIED THE PIO SHALL BEDEEMED TO HAVE REFUSED THE REQUEST.

S.7(2)

Deemed Refusal

Page 13: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE A DECISION IS TAKEN TO PROVIDETHE INFORMATION ON PAYMENT OF ANYFURTHER FEE REPRESENTING THE COST OFPROVIDING THE INFORMATION, THE PIOSHALL SEND AN INTIMATION TO THEREQUESTER, GIVING THE DETAILS OFFURTHER FEES , THE CALCULATIONS,REQUESTING HIM TO DEPOSIT THAT FEES...S.7(3)

Further Fee: Intimation by PIO

Page 14: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

…AND INFORMATION CONCERNING HIS OR HER RIGHT WITH RESPECT TO REVIEW THE DECISION AS TO THE AMOUNT OF FEES CHARGED OR THE FORM OF ACCESS PROVIDED, INCLUDING THE PARTICULARS OF THE APPELLATE AUTHORITY, TIME LIMIT, PROCESS AND ANY OTHER FORMS. THE PERIOD INTERVENING BETWEEN THE DESPATCH OF THE SAID INTIMATION AND PAYMENT OF FEES SHALL BE EXCLUDED FOR THE PURPOSE OF CALCULATING THE PERIOD OF THIRTY DAYS. S.7(3)

Further Fee: Intimation by PIOContd…

Page 15: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE THE PERSON TO WHOM ACCESS IS TO BE PROVIDED IS SENSORILY DISABLED, THE PIO SHALL PROVIDE ASSISTANCE TO ENABLE ACCESS TO THE INFORMATION, INCLUDING PROVIDING SUCH ASSISTANCE AS MAY BE

APPROPRIATE FOR THE INSPECTION. S.7(4)

Contd…

Assistance for Access to Information: Intimation by PIO

Page 16: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

THE APPLICANT SHALL PAY SUCH FEE AS MAYBE PRESCRIBED. THE FEE SHALL BEREASONABLE AND NO SUCH FEE SHALL BECHARGED FROM THE PERSONS WHO ARE OFBELOW POVERTY LINE. S.7(5)

THE REQUESTER SHALL BE PROVIDED THEINFORMATION FREE OF CHARGE WHERE APUBLIC AUTHORITY FAILS TO COMPLY WITHTHE TIME LIMITS SPECIFIED. S.7(6)

Details of Fee: Intimation by PIO

Page 17: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

BEFORE TAKING ANY DECISION, THE PIOSHALL TAKE INTO CONSIDERATION THEREPRESENTATION MADE BY A THIRDPARTY UNDER SECTION 11. S.7(7)

Further Fee: Intimation by PIO

Page 18: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE A REQUEST HAS BEEN REJECTED , THE PIO SHALLCOMMUNICATE TO THE REQUESTER-

(I) THE REASONS FOR SUCH REJECTION;

(II) THE PERIOD WITHIN WHICH AN APPEAL AGAINST

SUCH REJECTION MAY BE PREFERRED AND

(III) THE PARTICULARS OF THE APPELLATE AUTHORITY.

S.7(8)

Grounds for Rejecting Requests

Page 19: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

AN INFORMATION SHALL ORDINARILY BEPROVIDED IN THE FORM IN WHICH IT ISSOUGHT UNLESS IT WOULDDISPROPORTIONATELY DIVERT THERESOURCES OF THE PUBLIC AUTHORITY ORWOULD BE DETRIMENTAL TO THE SAFETY OR

PRESERVATION OF THE RECORD INQUESTION. S.7(9)

Grounds for Rejecting Requests Contd…

Page 20: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

ACCESS MAY BE PROVIDED TO A PART OF THERECORD WHICH DOES NOT CONTAIN ANYINFORMATION WHICH IS EXEMPT FROMDISCLOSURE UNDER THIS ACT AND WHICHCAN REASONABLY BE SEVERED FROM ANYPART THAT CONTAINS EXEMPTINFORMATION. S.10(1)

THE PIO SHALL GIVE A NOTICE TO THEAPPLICANT INFORMING REASONS, FEES,APPELLATE AUTHORITY DETAILS. S.10(2)

Severability

Page 21: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

WHERE THE PIO INTENDS TO DISCLOSE ANYINFORMATION, WHICH RELATES TO ORHAS BEEN SUPPLIED BY A THIRD PARTYAND HAS BEEN TREATED ASCONFIDENTIAL BY THAT THIRD PARTY,THE PIO SHALL, WITHIN FIVE DAYS FROMTHE RECEIPT OF THE REQUEST, GIVE AWRITTEN NOTICE TO SUCH THIRD PARTYAND INVITE THE THIRD PARTY TO MAKEA SUBMISSION IN WRITING OR ORALLY,AND SUCH SUBMISSION SHALL BE KEPTIN VIEW WHILE TAKING A DECISION. S.11

Third Party Information

Page 22: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

EXCEPT IN THE CASE OF TRADE ORCOMMERCIAL SECRETS PROTECTED BYLAW, DISCLOSURE MAY BE ALLOWED IFTHE PUBLIC INTEREST IN DISCLOSUREOUTWEIGHS IN IMPORTANCE ANYPOSSIBLE HARM OR INJURY TO THEINTERESTS OF SUCH THIRD PARTY.

Third Party InformationContd…

Page 23: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

THE THIRD PARTY SHALL, WITHIN TEN DAYSFROM THE DATE OF RECEIPT OF SUCHNOTICE, BE GIVEN THE OPPORTUNITY TOMAKE REPRESENTATION AGAINST THEPROPOSED DISCLOSURE. THE PIO SHALL,WITHIN 40 DAYS AFTER RECEIPT OF THEREQUEST, MAKE A DECISION AND GIVE INWRITING THE NOTICE OF HIS DECISION TOTHE THIRD PARTY. THE THIRD PARTY TOWHOM THE NOTICE IS GIVEN IS ENTITLED TOPREFER AN APPEAL.

Third Party InformationContd…

Page 24: CENTRAL/STATE ASSISTANT PUBLIC INFORMATION€¦ · PowerPoint Presentation Author: Girish V Created Date: 5/31/2012 2:51:45 PM

THANK YOU