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—guide:guidelines-for-public-information-officer [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(pio rti reply guide,public information officer duties,rti act section 7,rti section 8 exemptions,rti file noting,pio reply templates 2026,rti timeline 30 days,rti severability section 10,rti third party section 11,pio penalty section 20)
 +metatag-description=(PIO RTI Reply Guide 2026: statutory duties, decision framework, timelines, exemptions, file noting, severability, third-party notice, penalty risk and 9 ready-to-use reply templates.)}}
 +
 +====== PIO RTI Reply Guide 2026: Duties, Timelines, Exemptions, File Noting and Templates ======
 +{{ :social:auto:guide-guidelines-for-public-information-officer.png?direct&1200 |PIO RTI Reply Guide: RTI Wiki}}
 +
 +{{:icons:pio.svg?32&nolink|Public Information Officer icon}}
 +
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** PIO RTI Reply Guide 2026: statutory duties, decision framework, timelines, exemptions, file noting, severability, third-party notice, penalty risk and 9 ready-to-use reply templates.
 +</WRAP>
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** A Public Information Officer must receive an RTI request, assist the applicant where required, decide each item within the statutory timeline, disclose existing records unless a valid exemption applies, record reasons for any refusal, apply severability, and communicate appeal details.
 +</WRAP>
 +
 +This guide is written for serving Public Information Officers (PIOs), Assistant PIOs, RTI Cell staff and supervising senior officers. It maps the statutory duties under the Right to Information Act, 2005 to a step-by-step working method, ready-to-paste file notings and reply templates. It also notes how the Digital Personal Data Protection Act, 2023 (DPDP Act) interacts with Section 8(1)(j) and how the office should handle requests touching personal information after 14 November 2025.
 +
 +For the matching applicant-side guide see [[:guide:applicant|RTI applicant guide]]. For the appellate stage, see [[:guide:guidelines-for-first-appellate-authority|FAA guide]] and [[:guide:applicant:second-appeal|second appeal to the Information Commission]].
 +
 +===== 1. Role of the PIO =====
 +
 +A PIO is the statutory officer designated by every public authority under Section 5(1) of the RTI Act. The role is not optional, not advisory and not delegable in substance. The PIO:
 +
 +  * receives the RTI application and the prescribed fee,
 +  * assists the applicant where the request is unclear or requires the application to be reduced to writing,
 +  * locates the records and decides item by item,
 +  * supplies information that is not exempt,
 +  * records reasons for any refusal with reference to the specific clause of Section 8 or 9,
 +  * communicates appeal details, fee particulars and the calculation method, and
 +  * defends the decision, if appealed, before the First Appellate Authority and the Information Commission.
 +
 +Section 5(4) and 5(5) require every officer of the public authority to render reasonable assistance to the PIO. The PIO is therefore the **co-ordinator**, not the sole investigator.
 +
 +<WRAP center round tip 100%>
 +**Practitioner tip.** A PIO who simply forwards the request to the dealing branch and copies the branch reply verbatim is failing the Section 7 duty. The PIO must apply mind, not merely transmit the file.
 +</WRAP>
 +
 +===== 2. The seven-step decision framework =====
 +
 +Use this seven-step method on every RTI application. It maps to the file noting template in Section 4 below.
 +
 +  - **Date-stamp and number.** Record the date of receipt, allot a diary number, log the fee paid (or BPL exemption claimed).
 +  - **Read each item separately.** An RTI usually has multiple paragraphs or numbered queries. Each item is a separate decision.
 +  - **Section 6(3) check.** If the information, in whole or part, is held by another public authority, transfer the relevant part within five days and intimate the applicant.
 +  - **Section 7(5) check.** If a fee for inspection or copies is payable, calculate it and intimate the applicant; the clock for that part stops till payment.
 +  - **Existence check.** Information must already exist in the record. The PIO is not required to create new information, conduct fresh analysis or interpret data.
 +  - **Exemption check.** Apply Sections 8, 9, 10 and 11 carefully. Record reasons for any clause invoked. Apply Section 8(2) public-interest balancing.
 +  - **Reply.** Issue an item-wise speaking reply with appeal details under Section 19(1).
 +
 +===== 3. Statutory timelines: at a glance =====
 +
 +^ Situation ^ Statutory limit ^ Reference ^
 +| Transfer to correct public authority | 5 days from receipt | Section 6(3) |
 +| Standard reply | 30 days from receipt | Section 7(1) |
 +| Application received through APIO | 35 days (5 extra) | Section 5(2) and Section 7(1) proviso |
 +| Third-party hearing involved | 40 days | Section 11(3) |
 +| Information concerning life or liberty | 48 hours | Section 7(1) proviso |
 +| Failure to reply | Deemed refusal | Section 7(2) |
 +| Additional fee intimation | Clock pauses till payment | Section 7(3) |
 +
 +A reply on the 31st day is a delayed reply. It does not cure the deemed refusal. Section 20 penalty exposure begins from the day the deemed refusal arises.
 +
 +===== 4. Item-wise reply method and file noting template =====
 +
 +The PIO must prepare a reasoned file noting before issuing the reply. The file noting is the audit trail that protects the officer at the appellate stage and at the Information Commission.
 +
 +==== Standard file noting template ====
 +
 +<code>
 +RTI File Noting
 +
 +Diary No.: ............ Date of Receipt: ............
 +Applicant: ............ Address: ............
 +Fee paid / BPL claimed: ............
 +
 +Item 1: [Reproduce query]
 +Records examined: ............ (file number, page numbers)
 +Decision: Disclosed / Partly disclosed / Refused / Transferred
 +Reason (if refused): Section 8(1)(__) read with Section 8(2)
 +        Public interest analysis: ............
 +Reason (if partial): Section 10 severability: withheld portion: ............
 +
 +Item 2: [Reproduce query]
 +... (repeat the same structure)
 +
 +Section 11 third-party check: Yes / No
 +        If yes, notice issued on ............
 +Section 7(5) fee calculation: Pages ____ x Rs ____ = Rs ____
 +
 +Reply approved: ............ (PIO signature, date)
 +</code>
 +
 +==== How to disclose existing records ====
 +
 +  * Supply the document as held. Do not redact unless Section 10 applies.
 +  * Quote the page numbers and file numbers in the cover letter so the applicant can verify.
 +  * For voluminous records, offer inspection under Section 7(9) if the form sought would disproportionately divert resources, but never as a default escape.
 +
 +===== 5. Section 6(2) and 6(3): receipt duty =====
 +
 +==== Section 6(2): never ask the applicant for reasons ====
 +
 +Section 6(2) is unambiguous: an applicant **shall not** be required to give any reason for requesting the information or any personal details except those that may be necessary for contacting him. A PIO who asks "why do you want this?" is acting beyond authority. Such a query is not a valid Section 7(3) intimation; it does not stop the clock.
 +
 +==== Section 6(3): five-day transfer ====
 +
 +Where the information sought, or part of it, is held by another public authority, the PIO must transfer the application or that part within **five days** and inform the applicant. The receiving public authority's clock starts on receipt; the applicant gets 30 days from that date for that part. Do not return the application to the applicant. Do not "advise" the applicant to refile.
 +
 +===== 6. Section 7: decision and fee =====
 +
 +  * **Section 7(1)**: 30 days, or 48 hours where life or liberty is involved.
 +  * **Section 7(3)**: additional fee intimation; the period between despatch of intimation and receipt of fee is excluded.
 +  * **Section 7(5)**: fee for inspection, photocopies and certified copies as per the applicable rules (Central RTI Rules 2012 for Central public authorities; State Rules for State authorities).
 +  * **Section 7(6)**: if reply is not issued in time, the information is to be supplied free of charge.
 +  * **Section 7(8)**: every refusal must record reasons, the period within which appeal lies, and the particulars of the appellate authority.
 +  * **Section 7(9)**: information ordinarily to be supplied in the form requested unless that would disproportionately divert resources.
 +
 +A reply that omits Section 7(8) details (appeal period, FAA name, FAA address) is itself defective and is a frequent ground of FAA reversal.
 +
 +===== 7. Section 8 exemptions and the public-interest override =====
 +
 +==== The ten clauses of Section 8(1) ====
 +
 +  * **(a)** sovereignty, integrity, security, strategic, scientific or economic interests, foreign relations
 +  * **(b)** information expressly forbidden by court / contempt
 +  * **(c)** breach of privilege of Parliament or State Legislature
 +  * **(d)** commercial confidence, trade secrets, intellectual property: unless larger public interest
 +  * **(e)** information held in fiduciary relationship: unless larger public interest
 +  * **(f)** information from a foreign government in confidence
 +  * **(g)** information whose disclosure would endanger life, physical safety or identify a confidential source
 +  * **(h)** information that would impede investigation, apprehension or prosecution
 +  * **(i)** Cabinet papers: with the proviso that decisions, reasons and material on which decisions are based are released after the matter is complete
 +  * **(j)** personal information with no relationship to public activity / unwarranted invasion of privacy
 +
 +==== Section 8(2): the public-interest override ====
 +
 +Section 8(2) requires the PIO to disclose information **even if it is exempt**, if the public interest in disclosure outweighs the harm to the protected interest. This is a statutory balancing duty, not a discretion to skip. The file noting must show the balancing actually took place.
 +
 +==== Section 8(3): the twenty-year window ====
 +
 +Information relating to events that occurred twenty years before the date of the request must be disclosed, except where Section 8(1)(a), (c) or (i) is properly invoked.
 +
 +<WRAP center round important 100%>
 +**Warning.** A bare citation of Section 8 is not enough. Record reasons. The Information Commission and High Courts have repeatedly set aside refusal orders that simply state "Section 8(1)(j) attracted" without explaining how. Section 19(5) places the burden of proof on the PIO.
 +</WRAP>
 +
 +===== 8. Sections 9, 10 and 11 =====
 +
 +==== Section 9: copyright ====
 +
 +A request that would involve infringement of copyright **subsisting in a person other than the State** may be rejected. State-held copyright is not a ground.
 +
 +==== Section 10: severability ====
 +
 +Where part of a record is exempt and part is not, the PIO **must sever** and supply the non-exempt portion. The reply must record what has been severed and the clause justifying severance, the name and designation of the deciding officer, particulars of fee and the appeal route. Refusing the entire record because one paragraph is exempt is unlawful.
 +
 +==== Section 11: third-party information ====
 +
 +Where the information was supplied by a third party and treated as confidential by that party, the PIO must, within five days of receipt of the request, give written notice to the third party inviting representation within ten days. The PIO then takes a decision within 40 days, recording reasons. The third party has a right of appeal.
 +
 +===== 9. Section 20 penalty and Section 19(8)(b) compensation =====
 +
 +==== Section 20(1): penalty on the PIO ====
 +
 +If the Central or State Information Commission, on a complaint or appeal, finds that the PIO has, **without reasonable cause**, refused to receive an application, not furnished information within the time, malafidely denied the request, knowingly given incorrect, incomplete or misleading information, destroyed information, or obstructed the work, it shall impose a penalty of Rs 250 per day, up to a maximum of Rs 25,000.
 +
 +The PIO has the right to be heard before penalty is imposed. The burden of proving reasonable cause is on the PIO.
 +
 +==== Section 19(8)(b): compensation to the appellant ====
 +
 +The Information Commission may award compensation to the appellant for any loss or detriment suffered. This is paid by the public authority but is a direct cost of PIO failure.
 +
 +===== 10. DPDP-era personal information note =====
 +
 +The Digital Personal Data Protection Act, 2023 received Presidential assent on 11 August 2023. The Digital Personal Data Protection Rules, 2025 were notified by the Ministry of Electronics and Information Technology on 14 November 2025. Section 44(3) of the DPDP Act amended Section 8(1)(j) of the RTI Act. The amended clause now reads, in substance, that information which **relates to personal information** is exempt from disclosure.
 +
 +The interaction has two practical consequences for the PIO:
 +
 +  - For requests filed on or after 14 November 2025 that seek information about a named individual, examine first whether the information relates to that individual's "public activity or interest" or is necessary in the larger public interest. If so, disclose. If purely personal, withhold under amended Section 8(1)(j) with reasons.
 +  - The proviso retained in Section 8: that information that cannot be denied to Parliament or a State Legislature shall not be denied to any person: survives. Use it to test borderline cases.
 +
 +The PIO must verify the operative date in any commission order before relying on the older "public-activity" jurisprudence. See [[:blog:pio-reply-section-8-1-j-after-dpdp-2025|practitioner note on Section 8(1)(j) after DPDP 2025]] for the working test.
 +
 +===== 11. Reply templates =====
 +
 +The nine templates below are for adaptation. Replace bracketed placeholders. Print on official letterhead. Sign. Quote diary number and date.
 +
 +==== Template 1: Full disclosure ====
 +
 +<code>
 +[File No.] [Date]
 +To, [Applicant name and address]
 +
 +Sub: Reply to your RTI application dated [date], received on [date],
 +diary number [____].
 +
 +Sir / Madam,
 +
 +The information sought is supplied as Annexure A (pages [__] to [__]),
 +being a certified copy of [document]. No fee is recoverable as the
 +prescribed fee already stands paid.
 +
 +Should you be aggrieved by this reply you may, within 30 days of
 +its receipt, prefer a first appeal to the First Appellate Authority,
 +[Name, Designation, Address, Phone, Email].
 +
 +Yours faithfully,
 +[Name], Public Information Officer
 +</code>
 +
 +==== Template 2: Partial disclosure with severability ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Item-wise reply:
 +
 +Item 1: Disclosed. See Annexure A, pages [__] to [__].
 +Item 2: Partly disclosed. The portion containing [description, eg
 +        bank account particulars] has been severed under Section 10
 +        read with Section 8(1)(j) of the RTI Act, 2005. Reasons:
 +        [briefly state the privacy interest and the absence of any
 +        public interest in disclosing the personal portion].
 +Item 3: Disclosed. See Annexure B.
 +
 +Appeal: Section 19(1), 30 days, FAA particulars below.
 +</code>
 +
 +==== Template 3: Section 6(3) transfer ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +The information you have sought relates to records held by
 +[Receiving Public Authority]. In accordance with Section 6(3)
 +of the RTI Act, 2005 your application has been transferred today
 +to the PIO, [Receiving Public Authority], [address]. A copy of
 +this transfer letter is endorsed to you for information. The
 +30-day period for that part will run from the date of receipt
 +by the receiving authority.
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 4: Additional fee intimation under Section 7(3) ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +To process your RTI application, additional fee is payable as below:
 +
 +Pages of A4 photocopy: [__] x Rs [__] = Rs [__]
 +Inspection charges (if applicable): Rs [__]
 +Total payable: Rs [______]
 +
 +Mode of payment: [demand draft / Indian postal order / cash counter
 +at this office on working days between [time]].
 +
 +Please remit the fee within 30 days. Under Section 7(3)(b) of the
 +RTI Act, the period between this intimation and your remittance
 +is excluded from the statutory time-limit.
 +
 +You also have the right to appeal against this fee calculation
 +under Section 19(1).
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 5: No record held ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +This office does not hold the information sought at items [__].
 +Records examined: [file numbers]. The relevant work falls within
 +the jurisdiction of [other authority, if known], to whom the
 +relevant part is being transferred today under Section 6(3).
 +For the remaining items, the information sought does not exist
 +in the records of this public authority.
 +
 +Section 19(1) appeal lies as below.
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 6: Already published / Section 4 ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +The information sought at item [__] is already in the public domain
 +under Section 4(1)(b) of the RTI Act, available at:
 +[direct URL]. The page reference is [_____]. A printout (pages
 +[__] to [__]) is enclosed for ready reference. Fee already paid is
 +adjusted; no further fee is recoverable.
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 7: Section 8 refusal with reasons ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +Item [__] of your application is rejected under Section 8(1)([clause])
 +of the RTI Act, 2005, for the reasons recorded below.
 +
 +Information sought: [reproduce]
 +Records examined: [file no., page no.]
 +Clause invoked: Section 8(1)([clause])
 +Reasons: [explain in 4 to 8 sentences why the harm protected by
 +this clause is engaged on these specific facts]
 +
 +Section 8(2) public-interest balancing: [state whether public
 +interest in disclosure was considered to outweigh the protected
 +harm and the conclusion reached, with reasons]
 +
 +Appeal: Section 19(1), within 30 days, to [FAA name, designation,
 +address].
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 8: Section 11 third-party notice ====
 +
 +<code>
 +[File No.] [Date]
 +To, [Third party name and address]
 +
 +Sub: Notice under Section 11(1) of the RTI Act, 2005.
 +
 +Sir / Madam,
 +
 +This office has received an RTI application dated [date] from
 +[applicant name] seeking [brief description of information that
 +relates to you]. The information was supplied by you to this
 +office and was treated as confidential.
 +
 +Under Section 11(1) of the RTI Act, 2005 you are invited to make
 +written representation, within ten days of receipt of this notice,
 +on whether the information should be disclosed or any part should
 +be withheld and the reasons. Your representation will be considered
 +before a final decision under Section 11(3) is taken within 40 days
 +of the original application.
 +
 +You also have a right of appeal under Section 19(1) and Section 19(2)
 +against any disclosure order.
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +==== Template 9: Forty-eight-hour life-and-liberty reply ====
 +
 +<code>
 +[File No.] [Date]
 +
 +Sir / Madam,
 +
 +Your RTI application dated [date] received at [time] on [date]
 +has been treated as engaging the proviso to Section 7(1) of the
 +RTI Act, 2005, the information sought concerning the life or
 +liberty of a person, as evident from [briefly state the facts].
 +
 +Information supplied as Annexure A. No fee is being recovered.
 +
 +Section 19(1) appeal route is preserved.
 +
 +Yours faithfully,
 +[Name], PIO
 +</code>
 +
 +===== 12. Common PIO mistakes that get reversed =====
 +
 +  * Asking the applicant for the reason or purpose of the request.
 +  * Returning the application instead of transferring under Section 6(3).
 +  * Citing Section 8 without reasons or without addressing Section 8(2).
 +  * Refusing the entire record where Section 10 severability would have worked.
 +  * Skipping the Section 11 third-party notice and then citing Section 8(1)(j) at the FAA stage.
 +  * Treating "voluminous" as a Section 8 ground; it is not, though Section 7(9) may apply.
 +  * Failing to mention appeal particulars (Section 7(8)).
 +  * Issuing the reply on the 30th day by despatch but applying delivery date to the applicant. The clock runs to receipt by the applicant.
 +
 +===== 13. Frequently asked questions =====
 +
 +==== Can a PIO ask the applicant for proof of identity or citizenship? ====
 +
 +The Act does not require it from a citizen. Section 6(1) speaks of "any person who desires to obtain any information". The application form prescribed under the rules requires basic contact details and a self-declaration. Asking for additional ID is permissible only where the information sought is identity-linked, for example a personal service record where the applicant claims to be the employee.
 +
 +==== Is an email RTI application valid? ====
 +
 +Yes, provided the applicable rules permit electronic mode and the prescribed fee is paid in any electronically permissible manner. For Central public authorities, https://rtionline.gov.in is the prescribed online portal.
 +
 +==== What if the applicant does not pay additional fee? ====
 +
 +The reply on those items stands closed at the end of the deemed period, recorded in the file noting. The PIO is not required to chase. The applicant may revive by paying.
 +
 +==== Does Section 8 apply to file notings? ====
 +
 +File notings are part of the record. The Department of Personnel and Training clarified by office memorandum that file notings are disclosable subject to Section 8 and 9. A specific noting may attract a Section 8 clause; the file as a whole is not exempt.
 +
 +==== If the requested record is destroyed under retention rules, what does the PIO write? ====
 +
 +State that the record was weeded out under the applicable record-retention schedule on [date], cite the file destruction certificate or register entry and supply the destruction certificate as Annexure. Do not write "not available" without explaining the retention basis.
 +
 +==== Can the PIO charge for a soft copy emailed to the applicant? ====
 +
 +For Central public authorities the Central RTI (Regulation of Fee and Cost) Rules apply. Where the applicable rules prescribe a per-page rate for printouts, the PIO may apply that rate to the soft copy in proportion. State rules vary. Always quote the rule.
 +
 +==== Is Section 8(1)(j) the only clause for personal information after the DPDP Rules? ====
 +
 +Section 8(1)(j) is the operative clause; the DPDP Act has amended its text. The "public activity / public interest" inquiry survives in modified form. The PIO must record the inquiry expressly.
 +
 +==== What is the PIO's duty if the dealing branch refuses to share the file? ====
 +
 +Section 5(4) and 5(5) impose a duty on every officer to render reasonable assistance to the PIO. A non-cooperating branch officer becomes a "deemed PIO" only on the order of the Information Commission. The PIO should escalate in writing to the Head of the Public Authority, with copy to the FAA, and record the escalation in the RTI file. The PIO cannot use the branch's silence as a refusal ground at the FAA stage.
 +
 +===== Internal links =====
 +
 +  * [[:guide:guidelines-for-first-appellate-authority|First Appellate Authority guide]]
 +  * [[:guide:guidelines-for-public-authority|Public authority compliance guide]]
 +  * [[:guide:guidelines-for-public-authority:rti-cell|How to set up an RTI Cell]]
 +  * [[:act:section-8|Section 8 deep-dive]]
 +  * [[:act:section-10|Section 10 severability]]
 +  * [[:act:section-11|Section 11 third-party]]
 +  * [[:guide:applicant|Guide for RTI applicants]]
 +  * [[:guide:applicant:application:sample:start|Sample RTI applications]]
 +  * [[:guide:applicant:second-appeal|Second appeal to the Information Commission]]
 +
 +===== Sources =====
 +
 +  * Right to Information Act, 2005: full text on https://cic.gov.in
 +  * Central RTI (Regulation of Fee and Cost) Rules, 2012: Department of Personnel and Training
 +  * Digital Personal Data Protection Act, 2023: Ministry of Electronics and Information Technology
 +  * Digital Personal Data Protection Rules, 2025: notified 14 November 2025
 +  * Central Information Commission decisions on PIO duty, available on https://cic.gov.in
 +  * DOPT Office Memorandum on disclosure of file notings
 +
 +----
 +
 +**Last reviewed:** 9 May 2026.
 +**Sources verified:** statutory citations cross-checked with the bare Act and CIC decision database on 9 May 2026.
 +
 +===== Stuck scheme or document? Check the status first =====
 +
 +Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
 +
 +  * [[:check-status/pmay-status|PMAY beneficiary status]]
 +  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
 +  * [[:check-status/ration-card-status|Ration card status]]
 +  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
 +  * [[:eshram-card-status-check-2026|e-Shram card status]]
 +
 +If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
 +
 +{{tag>rti pio reply duties timelines exemptions file noting}}