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Flow Chart of the Request for Information

FLOW CHART NO. 1

Request

Information in 30 days

OR

Information in 40 days

(Information related to 3rd party)

(48 hours- if the request is regarding

Life & Liberty of a Person)

(35 Days- if the request is submitted

to Assistant Public Information Officer)

CitizenPublic

Information

Officer


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FLOW CHART NO. 2

Flow Chart of the Request for Information

(IF REJECTED)

Request 1st Appeal 2nd Appeal

30days 90days

Decision Decision Final

30/40days 30/45days Decision

Complaints

Citizen PIO

Senior

Officer

Central/

State

Information

Commission


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FLOW CHART NO. 3

Right of the

CitizenDuty of Public

Authority

WrittenOral

Citizens

Request for

Information

Essentials Not necessary

Particulars of

Required info. Personal Details.

Receiving

Address

Reasons

for request


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Duty of Public

AuthorityNot

responding

for 30 days=Refusal

To take Request for Info.

To help in writing oral request

Intimate refusal within 30 days

Intimating fee & cost, if granted

Intimate reasons for refusal

Appellate Authority and time for appeal

CITIZEN

FLOW CHART NO. 4


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What isinformatio

n

S 2 (f), (i),

(j), 4

FLOW CHART NO.5

Anything

which can be

given tolegislature

Reports

Papers

Samples

Data

Suggestions

Press Notes

Circulars

Logbooks

Microfilm

MicrofichePrint out

Facsimile

Floppy, Disk

RECORD DOCUMENTS MEMOS EMAILS - OPINIONS


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FLOW CHART NO. 6

Public

Authority,

Government

Department

Particulars

Policies

Decisions

Notifications

Administrative

Decisions

Orders

Agreements

Details about

Development

Works

Officers, then-

Salaries

Particulars of

PIOs or APIOs

Subsidies

Eligibilities for

Govt. Schemes

Programmes

Regulations

Rules of

Working

Budget

Expenditure

Distribution

Procedure for

Compensation

Facilities for

Citizen

Decision making

process

Accountability

Resolutions of

Councils

Committees,

Conferences


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FLOW CHART NO. 7

DecisionsResolution

s

Reports &

Material as

basis Of

Decisions

No Material

which not

led to

decisions

NoDebates

File Notes

Cabinet

(Council of

Ministers)


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FLOW CHART NO. 8

Information about Allegation of Corruption

With Info. Commissioners consent

Information about violation of Human Rights

with Info Commissioners consent

Police

Intelligence

Security

Departments

Functions

Duties

All other

Non-

securities

informatio

n


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FLOW CHART NO. 9

WHAT IS RIGHT TO INFORMATION

(To receive information under custody of Public Authority)

Section 2(f), (i), (j), 3

Inspection ObtainingTaking

Works Notes Discs, Tapes

Extracts

Records

Documents Certified Copies

Certified samples of

material

Floppies, Videos

Prints out


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Section 2

informationmeans-

any 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

recordsdocumentsmemose-mailsopinionsadvicespress releasescircularsorders

logbookscontracts

reportspaperssamplesModelsdata material held in anyelectronic form

;

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

computeror any other device

s.2(i)


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right to information

means-

the right to informationaccessible under this Act

which is held by or

under the control

of any public authority includes the right to-

i. inspection of work,

documents, records;

ii. taking notes, extracts or certified copies of documents or

records

iii. taking certified

samples of material

iv. obtaining informationin the form of

diskettes,floppies,

tapes, video cassettes orin any other electronic mode or

through printoutswhere such information is stored in a computer

or in any other device;s.2(j)


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FLOW CHART NO. 10

For

Public Purpose

20 YEARS OLD

Subject to S. 8(a) (c) (i)

INFORMATION

CITIZEN

Though

Prohibited By

Official Secrets

Act Sec 8(2)


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Exemption from disclosure ofinformation 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, ifpublic interest in

disclosure outweighs the harm to the

protected interests.

s.8(2)


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FLOW CHART NO. 11

Constitution

By Law of

Parliament

Law of State

Legislature

By Govt. Notification

PUBLIC

AUTHORITY

GOVT. DEPT

Public Body

Self Govt. Inst.

Institution funded by

Govt.

NGO funded

By Govt.

Public Undertaking

Constitution

By Law of

Parliament

Law of State

Legislature

By Govt. Notification

PUBLIC

AUTHORITY

GOVT. DEPT

Public Body

Self Govt. Inst.


Govt.

NGO funded

By Govt.

Public Undertaking

Constitution

By Law of

Parliament

Law of StateLegislature

By Govt.

Notification

PUBLIC

AUTHORITY

GOVT. DEPT

Public Body

Self Govt. Inst.


Govt.

NGO funded

By Govt.

Public Undertaking


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FLOW CHART NO. 12

Asst PIOCITIZEN

PIO

Officers of Help

Union Govt.

Senior Officer Appellate

Authority

Chief Information

Commissioner

INFORMATION

COMMISSIONState Govts.

PUBLIC

AUTHORITY

Information

Commissioner (10)


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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.


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FLOW CHART NO. 13

TIME LIMITS FOR RIGHT TO INFORMATION

Citizens Request

For Information

APIO/PIO

30 DaysTo give and or

refuse

48 Hours

Life/Liberty

30 Days to Appellate Authority

30-45 days for Completing Trail

90 Days to Info. Commission


TIME LIMITS FOR RIGHT TO INFORMATION

Citizens Request

For Information

APIO/PIO

30 DaysTo give and

or refuse

48 Hours

Life/Liberty

30 Days to Appellate Authority


90 Days to Info. Commission



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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 forty-eight hours of the receipt of the request.

s.7(1)

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)


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FLOW CHART NO. 14

TIME LIMITS FOR THE GOVERNMENT

The Government

90 Days to Constitute ICs

18 Months of frame guidelines for use

manuals etc.

PUBLIC

AUTHORITIES

120 Days to designate PIOs

120 Days to disclose particulars


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public authoritymeans-

any authority or body or institution of self- government 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)


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FLOW CHART NO. 15

Knowingly Givingwrong info.

PENALTIES UNDER INFORMATION ACT

IMPOSED BY INFORMATION COMMISSION

Refusing to

Take request

Not responding

Within 30 days

Malafide

Denial of info

Incomplete Mis-leadinginfo.

Destroying Information Obstruction to

furnishing info

Penalty of Rs. 250 per day

Up to Rs. 25000

Recommendation to

Take Departmental Action


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PenaltiesWhere 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 orinformation is furnished, so however, the total amount of such penalty shallnot 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 fordisciplinary action against the PIO ifshe persistently

violates the provisions of the Act.


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FLOW CHART NO. 16

Courts Tribunals

Contempt of Court

Privileges of Parl.

Process of

Investigation

Impedes arrest or

prosecution

Cabinet papersDebates, Notes

Info about ogrn.

Listed in Sch II

Trade Secrets

Confidential

Intellectual

property Rights

Affecting

Competitive

Interests of others

Received in trustUnless justified

to be disclosed in

public interest

Not useful in

Interest of people

Privacy of third

party

Injuring copyright

of others

Injuring interests ofthird party

Unless justified to

be

disclosed in public

interest

INFORMATION WHICH CANT BE GIVEN

Harmful to Injuring others

RightsCommercialProhibited by

Sovereignty

Integrity

Security

Strategic

Economic

Scientific

Foreign relations

Incite offenceConfidential info

Source of info

Enforcement of law


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Exemption from disclosure of

information There

shall be no

obligation to give

any citizen-

(a) information,

disclosure of which

would prejudiciallyaffect

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)

(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.

(c) information, the disclosure

of which would cause abreach of privilege of

Parliament or the State

Legislature.

(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 warrantsthe disclosure of such

information;

(e) information available to aperson 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 assistancegiven 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 theindividual unless the PIO is

satisfied that the larger publicinterest justifies the

disclosure of such

information:


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FLOW CHART NO. 17

PIO

Seeking

INFORMATION ABOUT

THIRD PARTY

Third party

Include

Public Authority

Person other

Than

Applicant

Thirdparty

Request Not to Give

PIO tells he would like to give information

sought

After hearing Third party, if PIO decides to given that, issue notice

To third party, who can appeal to Information Commission

Third party seeks chance to plead not to give info (10

days)

Notice

To respond

IN 5 DAYS


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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 thatthird 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 suchsubmission shall be kept in view while taking a decision.

s.11

Except in the case oftrade 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


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FLOW CHART NO. 18

INFORMATION COMMISSIONER

Team of P.M, LoP,

Minister Recommends

Team of C.M, LoP,

Minister Recommends

President

Appoints

Governor

Appoints

IC at CENTER IC at STATE

Information

CommissionerInformation

Commissioner

CHIEF

ICCHIEF IC


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The Central Information Commissionshall 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, withthe previous approval of the Central Government, establish

offices at other places in India.


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FLOW CHART NO. 19

POWERS & FUNCTIONS OF

INFORMATION COMMISSIONER

POWER REMOVAL FUNCTIONS

CIC=CEC, SCIC=SEC

IC=EC, SIC=CS

Upto 65 no reappointment

Not more than 5 years

At par with Civil Court

Impose penalties

Direct Dept. action

Summoning

AdjudgedInsolvent

Conviction of moral

turpitude

Paid Employment

Financial Interests

Infirmity of

mind or body

Superintendence,

Appeals

Hearing complaints of

Denial, excess fee

Direction to give

information

Summoning persons

Documents

Public Records


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s.18. Powers and functions of InformationCommissions

14(3)

It shall be the duty of the Information Commission,as the case may be, to receive and inquire into acomplaint from any personwho has been unable to submit a request to aPIO, either by reason that no such officer hasbeen appointed, orbecause the APIO has refused to accept his or

her application or appeal for forwarding the same

to the PIO or senior officer or the InformationCommission. 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 informationwithin 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 underthis Act.

(3) Notwithstanding anything contained in sub-

section (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 tocontinue 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.


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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:


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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

Date post:	03-Apr-2018
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