DESIGNATION OF PIOS & APIOS:
Section 5 (1) of the Act requires a Public Authority to assign “the same number of” officers as Central Public Information Officer or the State Public Information Officer, all things considered, in every regulatory unit and workplaces under it as might be important to give data to people mentioning to the equivalent. They were to be assigned inside 100 days of the order of the Act.
Public Information Officer Liabilities, Duties and Responsibilities:
- to manage demands from people looking for data and render sensible help to the people looking for such data, taking the help of some other officer, whenever considered vital by that person for the correct release of duties [Section 5(3) and 5(4)];
- to render ‘all sensible help’, where demand for data can’t be made recorded as a hard copy, to the individual creation the solicitation orally to diminish the equivalent into composing [Section 6(1)];
- to arrange demand for data under the Act, either giving the data mentioned on installment of recommended charge or dismissing the solicitation for motivations to be indicated inside the time span specified under the Act [Section 7(1)].
- PIO will manage demands from people looking for data and where the solicitation can’t be made recorded as a hard copy, to deliver sensible help to the individual to diminish the equivalent recorded as a hard copy.
- If the data mentioned for is held by or its topic is firmly associated with the capacity of another public authority, the PIO will move, inside 5 days, the solicitation to that other public authority and illuminate the candidate right away.
- PIO may look for the help of some other officer for the best possible release of his/her duties.
- PIO, on receipt of a solicitation, will as quickly as could be expected under the circumstances, and regardless inside 30 days of the receipt of the solicitation, either give the data on installment of such expense as might be recommended or reject the solicitation for any of the reasons indicated in S.8 or S.9.
- Where the data mentioned for concerns the life or freedom of an individual, the equivalent will be given inside 48 hours of the receipt of the solicitation.
- If the PIO neglects to give choice on the solicitation inside the period determined, he will be esteemed to have denied the solicitation.
- Where a solicitation has been dismissed, the PIO will impart to the requester – (I) the explanations behind such dismissal, (ii) the period inside which an allure against such dismissal might be liked, and (iii) the points of interest of the Appellate Authority.
- PIO will give data in the structure in which it is looked for except if it would lopsidedly redirect the assets of the Public Authority or would be inconvenient to the security or protection of the record being referred to.
- If permitting halfway access, the PIO will give a notification to the candidate, advising:
- that just portion of the record mentioned, after severance of the record containing data which is excluded from revelation, is being given;
- the purposes behind the choice, remembering any discoveries for any material inquiry of certainty, alluding to the material on which those discoveries were based;
- the name and assignment of the individual giving the choice;
- the subtleties of the charges determined by that person and the measure of expense which the candidate is needed to store; and
- his or her privileges as for survey of the choice with respect to non-divulgence of part of the data, the measure of expense charged or the type of access gave.
- If data looked for hosts been provided by third get-together or is treated as classified by that outsider, the PIO will give a composed notification to the outsider inside 5 days from the receipt of the solicitation and bring its portrayal into consideration.•
- Third party must be allowed to make a portrayal before the PIO inside 10 days from the date of receipt of such notification.
According to Section 20(1) of the RTI Act, the CIC or the SIC, has the forces to force a punishment on the PIO, while choosing a grumbling or a subsequent allure.
The punishment can be forced, if the PIO has:
- Refused to get an application
- Not outfitted the mentioned data inside 30 days of getting the application
- Malafidely denied the solicitation for data
- Knowingly given inaccurate, deficient or deceiving data
- Destroyed data which was the subject of the solicitation
- Obstructed in any way, in outfitting the data
The measure of punishment will be Rs. 250.00 every day, till the data is outfitted or the application is gotten, subject to a limit of Rs. 25,000.00. The punishment must be paid by the PIO from his compensation and not by the Public Authority. The CIC or the SIC will give the PIO a sensible occasion to be heard before the punishment is forced. Anyway the weight of demonstrating that he acted sensibly will be on the PIO.
Under Section 20(2) of the RTI Act, the CIC or the SIC can likewise suggest disciplinary activity according to the administration rules pertinent to the PIO.
The First Appellate Authority (FAA) or the Public Authority (PA) are not exposed to any punishment proviso under the RTI Act.
Further, Section 7(1) permits just for 30 days for reacting to an application under the RTI Act from the date of receipt to the date of dispatch of the data. It doesn’t take into consideration 30 working days.
Disciplinary Action Against PIO:
Where the Information Commission at the hour of choosing any grievance or allure is of the feeling that the Public Information Officer has with no sensible reason and industriously, neglected to get an application for data or includes not outfitted data inside the time determined or malafidely denied the solicitation for data or purposely given erroneous, fragmented or deceiving data or wrecked data which was the subject of the solicitation or blocked in any way in outfitting the data, it might suggest disciplinary activity against the Public Information Office