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--- explanations:deemed-cpio [2023/04/15 10:52] – Shrawan
+++ explanations:deemed-cpio [2026/05/03 09:02] (current) – external edit 127.0.0.1
@@ Line 1: / Line 1: @@
-{{keywords>pio,cpio,deemed pio}}
+{{htmlmetatags>metatag-keywords=(deemed cpio rti, section 5 5 rti, deemed pio, rti section 5 4, cpio responsibility rti, assistance under rti)
-====== Deemed PIO ======
+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.)}}
-{{tag>Section-5, PIO}}
-{{like>}}
-**Deemed Public Information Officer**
-As per Sub-Section (4) and (5) of Section 5 of the [[act:|Right to Information Act 2005]]
+====== Deemed CPIO — Section 5(5) Explained ======
-===== Who is Deemed PIO =====
-The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
+{{ :social:auto:explanations-deemed-cpio.png?direct&1200 |Deemed CPIO — Section 5(5) Explained — RTI Wiki}}
-THe officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance 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 or State Public Information Officer, as the case may be for the purpose of contravention of the provisions of the Act.
-===== Can CPIO designate another person as PIO =====
-The Act enables the PIO to seek assistance of any other officer to enable him to provide information to the information seeker, **but it does not give him authority to designate any other officer as PIO and direct him to send reply to the applicant**.
+{{page>snippets:dpdp-banner}}
-The PIO disposes his responsibility and liability in terms of his duties under the Act, as soon as he seeks the information from the relevant officers. The PIO should send a written note or email for the information required by a RTI application to an appropriate officer who has the relevant information.  The PIO can even send this communication to a senior officer. This should be done within one or two days of receiving the RTI application.  In that case, any failure or penal provisions would be attracted by the other officer, often called ‘deemed PIO’. It would be advisable for the head of the office to identify the deemed PIOs holding various categories of information, by an internal order. This would make it easy for the PIO to direct the queries to the right person and eliminate ambiguity.
+<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>
-This provision envisages that not just the PIO but anybody or everybody who holds information has a duty to provide information under this  Act. This is an important provision which underlines the responsibility of the entire Public Authority and all its officers to facilitate access to information to the citizen. If public authorities follow the provisions of Section 4 properly, it would be easy for the PIO  to provide the information.
+<WRAP center round didyouknow 95%>
-===== What procedure to follow in case of deemed PIO =====
+**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>
-The import of sub-section (5) of section 5 is that, if the officer whose assistance is sought by the PIO, does not render necessary help to him, the Information Commission may impose penalty on such officer or recommend disciplinary action against him the same way as the may impose penalty on or recommend disciplinary action against the PIO.(({{:explanations:deemed-cpio.pdf|CIC OM No: 1/14/2008-IR dated 28th July 2008 titled: Clarifications regarding Sub-Section (4) and (5) of the Right to Information Act 2005}}))
+===== 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.
-==== More Common terms under RTI ====
+  * **[[: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.
-{{indexmenu>:explanations#2}}
+===== 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}}
-[<>]
-~~socialite~~