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+{{htmlmetatags>metatag-keywords=(deemed cpio rti, section 5 5 rti, deemed pio, rti section 5 4, cpio responsibility rti, assistance under rti)
+metatag-title=(Deemed CPIO Section 5 5 RTI Act Explained India 2026)&metatag-description=(Deemed CPIO — Section 5 5 Explained - verified citizen guide on RTI Wiki, India's independent Right to Information reference. Updated 2026 with latest amendments.)}}
+====== Deemed CPIO — Section 5(5) Explained ======
+{{ :social:auto:explanations-deemed-cpio.png?direct&1200 |Deemed CPIO — Section 5(5) Explained — RTI Wiki}}
+<WRAP center round info 95%>
+**In one line:** [[:act#section-5designation-of-public-information-officers|Section 5(5)]] of the RTI Act makes every officer whose assistance the CPIO seeks **deemed to be a CPIO** for the purposes of that request. The deemed-CPIO is personally liable for delays and refusals in the portion they handle. Combined with [[:act#section-5designation-of-public-information-officers|Section 5(4)]] (which makes the CPIO himself responsible for obtaining the record), this kills the "file is with another officer" excuse.
+</WRAP>
+<WRAP center round didyouknow 95%>
+**Did you know?** When you file a Section 20 penalty petition, the Commission can impose the penalty on the **deemed CPIO** directly — not the designated CPIO. Naming the right officer in your appeal matters. Always ask for the file-movement register to identify who actually sat on your request.
+</WRAP>
+===== Legal Basis =====
+  * **[[:act#section-5designation-of-public-information-officers|Section 5(4)]]** — CPIO may seek assistance of any other officer considered necessary for the proper discharge of duties.
+  * **[[:act#section-5designation-of-public-information-officers|Section 5(5)]]** — //"Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer … and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer."//
+  * **[[:act#section-20penalties|Section 20]]** — penalty up to Rs 25,000 on the erring officer; payable personally, not from department funds.
+===== How the deemed CPIO rule works in practice =====
+A typical RTI journey through an office:
+  - **Applicant files** RTI with the **designated CPIO** at a Ministry (Level 1).
+  - **Designated CPIO** transfers the file to the **dealing officer** at the directorate (Level 2).
+  - **Dealing officer** seeks inputs from the **technical section** (Level 3).
+  - The technical section sits on the file for 20 days.
+Under Section 5(5), the technical section's officer becomes a **deemed CPIO** for this request. If the 30-day deadline is missed, the Commission can impose the penalty on **that** officer, not on the Level 1 CPIO. Accountability flows to where the delay happened.
+===== Counter to "file is with another officer" =====
+A very common non-reply. Reply or appeal paragraph:
+<code>
+Under Section 5(4), the CPIO is responsible for obtaining
+the file from any officer who holds it. Under Section 5(5),
+any officer whose assistance the CPIO has sought is deemed
+to be a CPIO and is personally liable for delays under
+Section 20. The CPIO is directed to obtain the file within
+seven working days and reply in full. Alternatively, the
+deemed-CPIO may be summoned to explain the delay to the
+First Appellate Authority.
+</code>
+===== Sample RTI wording to expose the chain =====
+Include this in follow-up requests to identify who is sitting on the file:
+<code>
+. A copy of the file movement register entry for my RTI
+   application no. [X] dated [date], showing every officer
+   who received the file, the date of receipt, and the date
+   of onward transmission.
+. The name and designation of every deemed Central Public
+   Information Officer under Section 5(5) in respect of this
+   request, along with the dates each officer held the file.
+</code>
+===== Landmark rulings =====
+  * **//CIC Decision No. F.No.CIC/OK/A/2006/00163//** — deemed CPIO under Section 5(5) liable for personal penalty when information delayed.
+  * **//Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345** — PIOs must apply mind and record reasons; supervisory duty extends down the chain.
+  * **DoPT Circular F.No.1/8/2007-IR** — clarifies Section 5(5) liability.
+===== Step-by-step action plan =====
+  - Identify the designated CPIO for the public authority.
+  - On delay or unreasonable reply, file the first appeal naming both the CPIO and any deemed CPIO (use the file-movement register).
+  - In the second appeal, include a specific Section 20 prayer against the deemed CPIO.
+  - Commission will summon the officer for a personal hearing; penalty follows if the delay is not satisfactorily explained.
+===== Pro-Tip =====
+Include a parallel request under [[:explanations:transfer-application|Section 6(3) transfer]] when filing. Under Section 6(3), the CPIO has five working days to transfer to the correct public authority. Failure to transfer in time compounds with the Section 5(5) liability.
+===== Frequently asked questions =====
+==== Can a deemed CPIO refuse on exemption grounds on their own? ====
+No. The designated CPIO is the one who issues the order. The deemed CPIO can recommend but not refuse. A refusal by a deemed CPIO without the designated CPIO's order is itself an appealable ground.
+==== Who pays the penalty — the officer or the department? ====
+The officer pays personally. [[:act#section-20penalties|Section 20]] is worded as a personal liability. The department cannot reimburse.
+==== How do I prove who had the file? ====
+Ask for the **file movement register** in your RTI (wording above). Every government office maintains it. It shows date in, date out, officer name for every movement of every file.
+===== Call to action =====
+When you receive a delay or vague refusal, ask for the file-movement register by a fresh RTI. Then name the deemed CPIO in your first appeal using the template above. See [[:templates:first-appeal|First Appeal]].
+===== Related =====
+  * [[:act|The RTI Act, 2005]]
+  * [[:explanations:transfer-application|Transfer of application — Section 6(3)]]
+  * [[:explanations:vicarious-liability|Vicarious liability and Section 20]]
+  * [[:templates:first-appeal|First Appeal template]]
+  * [[:templates:second-appeal|Second Appeal template]]
+===== Sources =====
+  - Right to Information Act, 2005, Sections 5(4), 5(5), 20.
+  - DoPT Circular F.No.1/8/2007-IR dated 15 May 2008.
+  - //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345.
+//Last reviewed on: 20 April 2026//
+{{tag>rti explanations section-5 deemed-cpio section-20 practice}}