Internal Procedure for dealing with the requests for information, appeal,

etc. under the Right to Information Act.2005

1. INTRODUCTION:
1.1 Although revelation of information is likely to conflict with other public interests
including efficient operations, optimum use of limited resources and the preservation of
confidentiality of sensitive information, yet an informed citizenry, transparency of
information and accountability of the Government and its instrumentalities, are vital to the
functioning of a democratic republic. With these objectives in view, the Right to Information
Bill 2005 had been introduced and, as passed by the two houses of Parliament, it received the
assent of the President on 15th June, 2005 following which the Right to Information Act
2005 has come into existence. The Act aims at setting out a practical regime of right to
information for the citizens of India to secure access to information under the control of
public authorities, in order to promote transparency and accountability in the working. A
copy of the said Act has already been circulated vide letter No.A/RTI-Act/2005/Imp dated
12.08.05. A copy of the Right to Information Act is also available on the website at the
following address http://www.rdso.indianrailways.gov in & RDSOs intranet i.e.
http://10.100.2.12.
1.2 The Act extends to the whole of India except the State of Jammu & Kashmir and is
applicable to all the public authorities except the intelligence and security organizations
(mentioned in the Second Schedule). Under the Act, unless the context otherwise requires, a
public authority means any authority or body or institution of self-government established
or constituted by or under the Constitution; by any other law made by Parliament; by any
other law made by State Legislature; by notification issued or order made by the appropriate
Government; and includes any body (owned, controlled or substantially financed) and
non-Government organization (substantially financed); directly or indirectly by funds
provided by the appropriate Government [S-2(h)]. In terms of Section-3 and subject to
the other provisions of the Act, all citizens of India (including public servants) shall have
the right to seek information from the public authorities.
1.3 As defined under Section-2 of the Act, information means any material in any form,
including records, documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, data material held in any electronic
form and information relating to any private body which can be accessed by a public
authority under RTI Appeal any other law; record includes any document, manuscript and
file, any microfilm and facsimile copy, any reproduction of images in the microfilms and any
other material produced by a computer or any other device, right to information includes
the right to inspection of work, documents, records, taking notes, extracts or certified copies
of documents or records, taking certified samples of material, obtaining information in the
form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through
printouts; and third party means a person other than the citizen making a request for
information and includes a public authority.
1.4 Following officers are designated as ex-officio mandatory authorities under the Act:
Designation
Authority under the Act
1. Additional Director General
- Appellate Authority (AA)
2. Executive Director/Administration-II - Central Public Information Officer (CPIO)
3. Deputy. Director/Establishment
- Assistant Public Information Officer (APIO)
In case CPIO & ED/Admn-II happens to be on official tour or leave, ED/Admn-I
than CPO will look after day today work relating to RTI during his/her absence.

1.5 The PIO is authorized under sub-sections-(4) (5) ibid to seek the assistance of any other
Officer who shall render all assistance and for the purposes of any contravention of the
provisions of the Act, such other Officer shall be treated as a PIO.
2. OBLIGATIONS OF THE PUBLIC AUTHORITIES:
2.1 Section-(4) of the Act makes it incumbent upon every Public Authority: (a) to
maintain all its records duly catalogued and indexed in a manner and the form which
facilitates the right to information; and to ensure that all records that are appropriate to be
computerized are, within a reasonable time and subject to availability of resources,
computerized and connected through a network all over the country on different systems so
that access to such records is facilitated; (b) to publish certain documents, mentioned in
clause-(b) by 12th October, 2005 and to update these publications every year thereafter; (c)
to publish all relevant facts while formulating important policies or announcing the decisions
which affect public; and (d) to provide reasons for its administrative or quasi-judicial
decisions to affected persons.
2.2 Sub-Sections- (2) to (4) of Section-4 of the Act further require the Public Authority; (a)
to provide as much information (through various means of communications, including
internet) suo moto, so that the public has minimum resort to the use of this Act to obtain
information; (b) to disseminate the information (make known or communicated to the
public through notice boards, newspapers, public announcements, media broadcasts, the
internet or any other means including inspection of offices) widely and in such form and
manner which is easily accessible to the public taking into consideration the cost
effectiveness, local language and the most effective method of communication in that local
area; and (c) to ensure that the information (to the extent possible in electronic format) is
easily accessible with the Public Information Officer and may be made available to the public
free or at a cost prescribed by the Government.
2.3 All the Directorates in RDSO have already been advised vide note No. A/RTI-Act
(2005)/IMP dated 25.08.05 to take necessary action in this connection. Accordingly, it is the
responsibility of the Directorates concerned to ensure that the needful in respect of Para 2.1
and 2.2 above is done within the period stipulated in the Act.
2.4 Certain types of information are exempt from disclosure. Section-8 of the Act provides
that there shall be no obligation (with a few exceptions) to give certain types of information
mentioned therein. Similarly, Section-9 gives an authority to the PIO to reject any request for
information, if it involves an infringement of copyright subsisting in a person other than the
State. The provisions of these Sections are reproduced in Annexure-I for ready reference and
guidance while dealing with the requests for furnishing information. The revelation of
information could be refused on the grounds mentioned therein.
3. OBLIGATIONS OF THE CPIO:
3.1 Section-6 of the Act provides that a person, who desires to obtain any information under
this Act shall make a request in writing or through electronic means in English or in Hindi or
in the official language of the area, accompanying the prescribed fee, specifying the
particulars of the information sought. Where such request can not be made in writing, the
CPIO shall render all reasonable assistance to the person making the request orally to reduce
the same in writing.
3.2 An applicant, making request for information, shall not be required to give any reason
for requesting the information or any other personal details, except those that may be
necessary for contacting him.

3.3 If an application is made for information, which is held by another public authority or the
subject matter of which is more closely connected with the functions of another public
authority, the PIO of the public authority to which such application is made, shall transfer the
application or such part of it, as may be appropriate to the PIO of that other public authority
latest within 05 days from the date of receipt of the application and inform the applicant in
this regard immediately.
3.4 As provided in Section-7 of the Act, the PIO will examine the request and will provide
the information to the applicant within a period of 30 days (5 days to be added if the
application is made to the APIO) or reject the request for any of the reasons specified in
Section-8 & 9 of the Act. The Act further provides that the PIO shall give the information
concerning the life or liberty of a person within 48 hours. Before making any decision, the
PIO shall take into consideration the representation made by a third party under Section-11
of the Act.
3.5 Where a request has been rejected, the PIO shall communicate the reasons, the period
within which an appeal may be preferred and the particulars, of the Appellate Authority. In
case the PIO fails to give his decision within the prescribed period, he shall be deemed to
have refused the request. Where access to any record is required to be provided to any person
who is sensorily disabled, the PIO shall provide appropriate assistance for inspection.
3.6 In terms of Section-10 of the Act, where a request for information, which is exempt, is
rejected on that ground, access may be provided to that part of the record, which is not
exempt from disclosure, if the same could reasonably be severed. In that event, the PIO
shall give a notice to the applicant informing about this, the reasons therefore including any
findings, the name and designation of the person giving the decision, the details of the fees
etc. and the rights of the applicants with respect to review of the decision.
3.7 If any information relating to a third party has been treated as confidential by that
party, the PIO shall give notice to such party within 05 days from the date of the receipt of
the request that he intends to disclose the information or record or part thereof and invite the
third party to make a submission whether the information should be disclosed, which may
within 10 days thereafter, make representation against the proposed disclosure. In that event,
the PIO may make a decision within 40 days from the date of receipt of the request whether
or not to disclose the information and give in writing the notice of his decision to the third
party indicating that he is entitled to prefer an appeal against the decision.
4. RECEIVING REQUESTS:
4.1 The PIO would be assisted by a special cell for receipt of requests in person, by post or
by e-mail (for which a website will be maintained). An acknowledgement shall be sent to the
said person by registered post or e-mail.
4.2 In this connection, a Right to Information (RTI) Cell has been formed in RDSO. It is
located at western-end of the Administration Building (Anushandhan Bhawan). Apart from
receiving/dealing with requests for information, this Right to Information/RTI Cell shall be
responsible for over all co-ordination of RTI Act '05 related issues and proper
implementation of the Act/Rules.
4.3 When an applicant approaches in person for information, he may submit application
along with giving his name, address, contact telephone number, e-mail address etc. and also a
brief description of the information being sought. His request should be acknowledged then
and there. Request received through Postal Channel shall be acknowledged forthwith.

5. SUBMISSION OF FEE:
5.1 The request for information should be accompanied by the prescribed application fee. For
providing the information under sub-section (1) of Section-7, the fee shall be charged as
prescribed under the Right to Information (Regulation of Fee and Cost) Rules, 2005
which have been circulated vide Boards letter No.2005/PR/15/7, dated 30.09.2005
(Notification of Government of India, Annexed as Annexure-II) and subsequently
modified vide Board's letter No.2005/PR/15/7, dated 12.12.05 (copy at Annexure-III)
circulated vide Admn. Branch's Note No. A/RTI-Act (2005) IMP dated 09.11.05 &
09.01.06.
5.2 However, Section-7(3) of the Act provides that where a decision is taken to provide the
information (over and above the application fee), the PIO shall send intimation to the person
making the request giving:
(a) the details of the calculation made to arrive at the amount payable requesting him to
deposit the same (and the period intervening the date of the said intimation and the payment
of fee shall be excluded for the purpose of calculating the period of 30 days for
giving/refusing information) and
(b) information concerning his/her right with respect to review the decision as to the amount
of fee charged or the form of access provided including the particulars of Appellate
Authorities, process and any other forms.
5.3 In terms of the provision to Section-7(5), no such fee shall, however, be charged from the
persons who are of below poverty line (as determined by the appropriate government). Not
only this, in terms of Section-7(6), the information shall be provided free of charge to any
person if the PIO fails to comply with the time limits stipulated for the purpose.
6. ACTION BY CPIO/APIO ON THE APPLICATION:
6.1 The application will thereafter be submitted to the CPIO/APIO, who shall send the same
to the officer concerned within 02 days for further necessary action as deemed fit as per the
RTI Act. The officer concerned shall acknowledge the same and furnish information sought
for within 30 days or shall convey refusal on any specific ground (s) as mentioned in section
8 & 9 of the Right to Information Act.
6.2 In the cases where the request for inspection of records is prima-facie found permissible
by the concerned directorate it shall fix up a date and time for inspection of the record by the
applicant. The concerned directorate shall ensure the requisite records on the scheduled date
and time through a responsible official adequately conversant with the matter. The applicant
will carry out inspection of such records in the presence of the concerned official.
7. ROLE OF THE OFFICIALS OTHER THAN CPIO:
7.1 As already mentioned in para-1.5, the PIO is authorized under sub-sections-(4) & (5) of
Section-5 to seek the assistance of any other Officer who shall render all assistance to him
and for the purposes of any contravention of the provisions of the Act, such other Officer
shall be treated as a PIO. Accordingly, such other officials from whom assistance is sought
for by the PIO shall be treated as de-facto PIO(s) in respect of information pertaining to their
respective Directorates/Departments and shall be responsible for timely submission of the
information.

7.2 The other Officer concerned whose assistance has been sought, shall examine the
application and give the required information in the desired format/medium or refuse to
disclose the information (on the grounds mentioned in Sections-8 & 9) within 10 days of the
receipt of request to the PIO/APIO, who shall convey the information/decision to the
applicant as per provisions of the Act.
8. TRANSFER OF APPLICATION : 8.1 As already mentioned in para-3.3, in case the request for information pertains to another
Ministry/Department, or the information sought is exclusively in respect of a particular
Zonal Railway, Production or other Unit/Organization or a Public Sector Undertaking under
the Ministry of Railways, the applicant shall be advised to approach the said public
authority directly.
8.2 However, if the applicant insists to submit his request to the PIO of that particular public
authority, the same need not be refused and should be accepted by the special Cell of that
public authority. Thereafter, his application shall be transferred to the PIO of the public
authority concerned within 5 days by Registered Post or through Courier and the applicant
shall be informed accordingly.
9. DISPOSAL OF THE REQUEST:9.1 After the receipt of the information from the officer concerned, the PIO shall examine for
its relevance with reference to the request and thereafter the same will be marked to the
special Cell with the instructions regarding dissemination of the information/document to the
applicant. The Cell will enter the details in the relevant register relating to the receipt of
information to show its disposal.
9.2 As per the decision of the PIO, the application will be disposed of and a formal reply
regarding the information sought by the applicant will be sent to him/her by Registered Post.
Entry should be made in the register maintained in the special Cell.
10. APPEAL:10.1 Under Section-19 (1) of the Act any person, who does not receive a decision from the
PIO within the specified time or is aggrieved by his decision, may, within a period of 30
days, prefer an appeal provided that the Appellate Authority may admit the appeal even after
the expiry of the period, if he is satisfied that there was sufficient cause which prevented him
from filing an appeal in time. Under Section-7 (8) (iii) of the Act, the PIO is required to,
inter-alia, communicate the particulars of the Appellate Authority also to the applicant.
10.2 When an appeal is preferred against an order made by the PIO under Section-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.
10.3 In any appeal proceedings, the onus to prove that a denial of the request was justified
shall lie on the PIO who denied the request (as mentioned in para-8.2). An appeal shall be
disposed of within a period of 30 days. The period of disposal could, however, be extended
to 45 days by the Appellate Authority for the reasons to be recorded in writing.
10.4 An appeal should be addressed to the Appellate Authority containing name and address
of the appellant, particulars of the orders against which the appeal is made, brief facts leading
to the appeal, prayer or relief sought grounds for the prayer or relief and verification by the
appellant. The special Cell shall follow the same procedure for receiving, sending (to the
Appellate Authority), disposal, etc. of the appeal as in the case of the requests for information
and maintain the records accordingly. For submission of appeal, no fee is required to be paid.

10.5 The Appellate Authority shall hear the PIO, any other Officer concerned and his
superior (against whose orders the appeal has been preferred) in this regard and arrive at a
decision within the stipulated period. The decision shall be conveyed to the PIO who shall in
turn arrange to send the same to the Appellant through the special cell under him.
10.6 The appellant may prefer a second appeal against the decision of the Appellate
Authority within 90 days with the Central Information Commission in accordance with the
procedure prescribed under Central Information Commission (Appeal Procedure) Rules,
2005.
11. MONITORING & REPORTING :In terms of Section-25 (1) of the Act, the Central Information Commission is required to
submit a Report on completion of each year on the implementation of the provisions of the
Act. For this purpose, sub-section-(2) ibid requires each Ministry to collect, compile and
send certain information (mentioned in Clauses (a) to (g) of Sub-section-(3) ibid) to the
Commission. The Right to Information/RTI Cell of RDSO shall maintain the records
accordingly and furnish the report on quarterly basis to the PIO, Railway Board.
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ANNEXURE-I
Right to Information Act, 2005 SECTION-8 (Exemption from disclosure of
information)
(1) Notwithstanding anything contained in this Act, 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;
(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 a breach 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 warrants the disclosure of such
information.
(e) information available to a person in his fiduciary relationship, unless the competent
authority is satisfied that the larger public interest warrants the disclosure of such
information;
(f) 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 assistance given in confidence for law
enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or
prosecution of offenders;
(i) cabinet paper including records of deliberations of Council of Ministers, Secretaries and
other officers :
Provided that 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;
Provided further that those matters, which come under the exceptions specified in this
section, shall not be disclosed;

(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 the individual unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is satisfied that the larger
public interest justifies the disclosure of such information. Provided that the information,
which cannot be denied to the Parliament or a State-Legislature, shall not be denied to any
person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions
permissible in accordance with sub-section-(1), a public authority may allow access to
information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of Clauses (a), (c) and (i) of sub-section (1), any information
relating to any occurrence, event or matter which has taken place, occurred or happened
twenty years before the date on which any request is made under the Section-6 shall be
provided to any person making a request under that section. Provided that where any
question arises as to the date from which the said period of twenty years has to be computed,
the decision of the Central Government shall be final, subject to the usual appeals provided
for in this Act.
SECTION-9 (Grounds for rejection to access in certain cases)
Without prejudice to the provisions of section 8, a Central Public Information Officer or a
State Public Information Officer, as the case may be, may reject a request for information
where such a request for providing access would involve an infringement of copyright
subsisting in a person other than the State.
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ANNEXURE-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi, dated the 16th September, 2005
Notification
G.S.R..........., In exercise of the powers conferred by clauses (b) and (c) of sub-section (2) of
section 27 of the Right to Information Act, 2005 (22 of 2005), the Central Government
hereby makes the following rules, namely : 1. Short title and commencement - (1) These rules may be called the Right to Information
(Regulation of Fee and Cost) Rules, 2005.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions - In the rules, unless the context otherwise requires, (a) 'Act' means the Right to Information Act, 2005;
(b) 'section' means section of the Act;
(c) all other words and expressions used herein but not defined and defined in the Act shall
have the meanings assigned to them in the Act.
3. A request for obtaining information under sub-section (1) of section 6 shall be
accompanied by an application fee of rupees ten by way of cash against proper receipt or by

demand draft or bankers cheque or indian postal order payable to the Accounts Officer of the
public authority.
4. For proving the information under sub-section (1) of section 7, the fee shall be charged
by way of cash against proper receipt or by demand draft or bankers cheque payable to the
Accounts Officer of the public authority at the following rates:(a) rupees two for each page (in A-4 or A-3 size paper) created or copied;
(b) actual charge or cost price of a copy in larger size paper;
(c) actual cost or price for samples or models; and
(d) for inspection of records, no fee for the first hour; and a fee of rupees five for each fifteen
minutes (or fraction thereof) thereafter.
5. For providing the information under sub-section (5) of section 7, the fee shall be charged
by way of cash against proper receipt or by demand draft or bankers cheque payable to the
Accounts Officer of the public authority at the following rates : (a) for information provided in diskette or floppy rupees fifty per diskette or floppy; and
(b) for information provided in printed form at the price fixed for such publication or rupees
two per page of photocopy for extracts from the publication.
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