Manual is prepared for general guidelines for the
effective administration of the Right to
(ii) The provisions of the right
to information Act 2005 have been adopted by
NOIDA. While dealing with supply of the
information, all provisions of the right to
information Act 2005 shall apply.
(iii) Officers nominated for providing
informations held by NOIDA:-
(a) Shri Madan Mohan has been
nominated as Prabhari Jan Soochna Adhikari RTI of
(b) Shri L.P.Singh, Asst. General Manager NOIDA has
been nominated as Prabhari Jan Soochna Adhikari Ist Appeal of
(c) DCEO(S), FC, CAP, GM(PERS.)/GM(COM.)/GM(GH) NOIDA
has been nominated as Appellate Authority of
(iv) Second appeal against the
decision of the appellate Authority may be
referred to U.P. State Information Commission
in accordance with the provision of the right to
information Act 2005.
Note:- Chief Executive Officer NOIDA is
competent to change the nomination of
A.P.I.O., P.I.O. and Appellate Authority.
manual unless the context otherwise requires:-
(a) "Appropriate Govt." means in
relation to NOIDA is U.P. Government, Lucknow.
(b) "Central information Commission"
means the Central Information Commission
constituted under sub section (1) of section-12.
(c) "Central Public Information officer"
means the Central Public Information Officer
designated under sub section (1) of section 5 and
includes a Central Assistant Public Information
Officer designated as such under sub section (2)
(d) "Chief information Commissioner"
and Information Commissioner mean the Chief
Information Commissioner and Information
Commissioner appointed under sub section (3) of
(e) "Competent Authority" means :
(i) the Speaker in the case of the House of the
People or the Legislative Assembly of a State or a
Union territory having such Assembly and the
Chairman in the case of the Council of States or
Legislative Council of a State;
(ii) the Chief Justice of India in the case of
the Supreme Court;
(iii) the Chief Justice of the High Court in the
case of a High Court;
(iv) the President or the Governor, as the case
may be, in the case of other authorities
established or constituted by or under the
(v) the administrator appointed under article 239
of the Constitution;
(f) " Information"- means any material
in any form; including records; document; memos,
e-mails, opinions, advices, press releases,
Circulars, orders, logbooks; contracts, reports,
papers; samples, model, data material held in any
electronic form and information relating to any
private body which can be accessed by a public
Authority under any other law for the time being
(g) "Record" includes -(a) any
document, manuscript and file, (b) any microfilm,
microfiche, and facsimile copy of document, (c)
any reproduction of image or images embodies in
such microfilm (whether enlarged or not) and (d)
any other material produced by a computer or any
(h) "Public Authority" means NEW OKHLA
INDUSTRIAL DEVELOPMENT AUTHORITY.
(i) "Right to information" mean the
right to information accessible under the Right to
Information Act, 2005 , which is held by or under
the control of NOIDA Authority and includes the
(i) Inspection of work, documents, records,
(ii) Taking notes, extracts, or certified copies
of documents or records.
(iii)Taking certified samples of material.
(iv)Obtaining Information in the form of
diskettes floppies, tapes, video cassettes or in
any other electronic mode or through printouts,
where such information is stored in a computer or
in any other device.
means prescribed by rules made under this Act by
the U.P. Govt. or by the Competent Authority.
(k) "State Information Commission"
means the U.P. State Commission constituted under
sub section (1) of section 15.
(l) "State Chief Information Commissioner"
and State Information Commissioner mean the U.P.
State Chief Information Commissioner and U.P.
State Information Commissioner appointed under sub
section (3) of section-15.
(m) "State Public Information Officer means
the U.P. State Public Information Officer
designated under sub section(1) and includes U.P.
State Assistant Public Information officer
designated as such under sub section (2) of
(n) "Third party" mean a person other
than the citizen making a request for information
and includes a public Authority. (o) "Act"
mean "the Right to information Act-2005.
to information and obligations of NOIDA
3. Subject to
the provisions of this Act, all citizens shall
have the Right to Information.
4.(a) The Authority shall Maintain all its
records duly catalogued and indexed in a manner
and the form which facilitates the right to
information under the Act 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) Each and every Department - Divisional Head
shall ensure that the following information are
made available and published
(i) The Particulars in respect of
responsibilities, power; function and duties of
its officers and employees posted in respective
(ii) Maintain record in respect of procedure,
followed in the decision making process including
channel of supervision and accountability.
(iii) Maintain the Norms set by NOIDA for the
discharge of the functions and duties of
(iv) Maintain books/brochures and policies in
respect of terms and condition of allotment of
properties and recovery of dues of NOIDA
(v) Maintain files in respect of the rules,
regulations, instructions, manuals, decision &
policies with effect from 01-04-1976 for
discharging the functions of respective
(vi) Maintain Statements of the categories of
documents that are held by it and which are
necessary to be maintained for processing.
(vii) Maintain the details of any arrangement
that exists for consultation with, or
representation by, the members of the Public in
relation to the formulation of its policy or
(viii) The statements of Board's decisions,
decisions of U.P. Govt. , decision of the
Councils, committees and other bodies consisting
of two or more than two persons constitute by the
C.E.O. or by ACEO for the purpose of its advice
and as to whether the minutes of such meetings are
accessible for public.
(ix) Maintain the minutes of decisions/approval
of CEO/ACEO and of such meeting which are
accessible for public.
(x) Maintain a directory of its officers and
employees posted in their respective divisions.
(xi) Accounts Departments Shall maintain the
monthly remuneration received by each of its
officers and employees, including the system of
facilities and compensation as provided in its
regulation to NOIDA's officers and employees.
(xii) Account Departments Shall also maintain the
budget's record and the budget allocated to each
and every Department of NOIDA indicating the
particulars of all plans.
(xiii) Account Department shall also maintain the
proposed expenditure and reports on disbursements
made and to be made.
(xiv) Account Department shall also maintain
annual Targets of Industrial, Commercial, Housing,
Institutional and residential Deptt. in terms of
area of land as well as financial income.
(xv) The Project department shall maintain all
statements of future plans and projects of NOIDA
and written procedure thereof to implement the
projects. Details of the project under
implementation shall also be maintained.
(xvi) The manner of execution of proposed plans
shall also be maintained by Account Deptt. The
Computer division shall maintain details in
respect of the information available to or held by
it and reduced in electronic form. The Project
Departments shall also maintain the manner of
execution of projects including amounts allocated
to specific project.
(xvii) The maintenance Division shall maintain
their plans in respect of maintenance of various
Heads and procedures of the various types of
maintained quarterly statement forms and shall be
maintained in quarterly statement forms and shall
be made available.
(xviii) All departments shall maintain details in
respect of the information available with them and
details of facilities available to citizens for
(xix) The Information related to facilities of
citizen will be released through P.R.O. by issuing
Public Notice by publishing in National news
papers of U.P. and New Delhi.
(xx) The functional department shall maintain the
manner of execution of schemes and programmes of
schemes in respect of disposal/allotment of
properties including rates of allotment and
properties including availability and size
(xxi) Maintain such other information as may be
prescribed and required and thereafter update the
information every year.
(xxii) The Horticulture, Public health, JAL and
Maintenance division shall maintain the layout of
their area of function for better maintenance and
(C) Publish all relevant facts while formulating
important policies or decisions which affect
Public through various means of communications
including print media and internet, so that the
public have minimum resort to the use of this Act
to obtain information.
(D) Every information should be disseminated
widely in such form and the manner which is easily
accessible to the public.
(E) Provide reasons for its administrative
organizational decisions to affected persons.
(F) All material shall be disseminated taking
into consideration the cost effectiveness, local
language and the most effective method of
communication in that local area and the
information should be easily accessible to the
extent possible in electronic format.
5. The following
procedure has to be adopted to provide information
by NOIDA Authority-
(i) Any Citizen of India can secure access to
information under the control of NOIDA.
(II) An application form has been prescribed for
obtaining information from NOIDA. Form is
available in the office of the Asstt. Public
Information Officer and public information officer
at Administrative Block Sector-6, NOIDA and is
supplied to the applicant free of cost.
Application form can also be downloaded from
website. How ever Application on plain paper is
(iii) A person who desires to obtain any
information under the Right to Information Act
2005 shall make a request in writing accompanying
Rs. 10 fee with each request.
(iv) The Application form / Application on plain
paper shall be filled in English or Hindi.
(v) Application form / Application on plain paper
should be submitted in writing with the office of
(vi) P.I.O. shall render all reasonable
assistance to the person making the request orally
to reduce the same in writing.
(vii) The disabled persons shall also be assisted
by P.I.O. NOIDA for filing requests for seeking
(viii) The required fee shall be deposited by
cash at cash counter of the NOIDA Authority or
through Bank draft or Postal Order.
(ix) The following fee has been prescribed for
obtaining information from NOIDA Authority:-
(a) Application Fee Rs.10/- per application.
(b) Copy of Pages Rs.2/- per page.
(c) large Size paper Actual Charges.
(d) Sample or Model Actual Cost.
(e) Inspection of record First hour no fee,
Rs.5/- per 15 minutes after one hour.
(f) Floppy/Diskette Rs.50/-per floppy/Diskette.
Note- (i) Mode of payment shall be
through Cash or Bank Draft or Indian Postal Order
in favour of "NOIDA".
(ii) No fee for below poverty line shall
(x) On receipt of the requests on prescribed form
or on plain paper; A.P.I.O. shall issue
acknowledgement to the applicant and forward the
request to concerned Department for obtaining
information as early as possible.
(xi) The P.I.O. shall ensure delivery of the
requests to the concerned Deptt. within 48 Hours
from the receipt of requests.
(xii) On receipt of such application form/request
from A.P.I.O./PIO; the concerned Department shall
ensure preparation of reply within 7days and shall
forward reply to P.I.O. within 9 days in normal
course and total 15 days is special circumstances.
(xiii) On receipt of proper reply from concerned
Department A.P.I.O. shall intimate applicant to
attend office and inspect the documents/records or
works (as the case may be) within 7 days. A.P.I.O.
shall be available in the office for the purpose
of showing records to the applicant during office
hours. Meanwhile P.I.O. shall be intimated by
A.P.I.O. about the reply received and action taken
(xiv) Taking notes, extracts or certified copies
of documents or records is allowed. Taking
certified sample of material is also allowed. A
written request from the applicant shall be
collected by A.P.I.O. for this purpose.
(xv) The applicant can obtain information in the
form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or
through printouts where the information is stored;
in the computer device against the actual cost of
(xvi) P.I.O. shall ensure that the complete
information is provided to the applicant within 30
days. In the case of third party -40 days time
period is allowed to provide information.
(xvii) It shall be duty of Public Relation
Officer to provide as much information suo moto to
the public through press releases and website in
order to reduce the number of application.
(xviii) All H.O.D shall maintain their records
and documents in such form and manner which is
easily accessible to the public. They shall make
the information known to the public through notice
board and news papers and electronic
medias/website of the Authority.
(xix) Any officer/official of any Department,
whose assistance is required for this purpose,
shall render all Assistance to Public Information
Office in terms of the provisions of the Right to
Information Act 2005.
All Divisional Head of various Departments are
advised to provide complete information in
accordance with the information asked for by the
applicant. Incomplete or misleading information
must be avoided to reduce the number of appeals
under the Information Act 2005
6(i) The Citizen
can file an application for getting information
along with fee the A.P.I.O. Shall ensure, that
request is delivered to concerned office, as early
(ii) Where further fee is required say for photo
copying; The A.P.I.O. shall intimate to the
applicant in writing giving details of amount to
be deposited for providing information. The
Citizens can seek inspection of works, documents,
and records, take extracts or certified copies of
documents or sample of material.
(iii) On receipt of request in concerned
department it shall be the duty of the Divisional
Head of that department that the request is
properly examined by nominated official an entered
in the register. The complete reply should be
forwarded to A.P.I.O. within7 working days.
(iv) In case the inspection of document has been
asked for, it shall be the duty of the Divisional
Head that the document or record or file is sent
to A.P.I.O. with the information within 7 days so
that A.P.I.O. may intimate applicant to inspect
the record or documents under single window
(v) A.P.I.O. shall intimate the applicant to come
and inspect the document available in his office
within a week.
(vi) The applicants shall be provided the
information free of charge if the Authority fails
to provide information within 30 days. If the
interest of third party is involved then the time
limit is 40 days.
(vii) The information is to be supplied in a time
bound manner, failing which the applicant can file
an appeal before the appellate Authority. In case
information is supplied after 30 days, no further
fee will be collected.
(viii) In case of third party information, the
P.I.O. shall issue notice to third party and give
him opportunity of hearing if required and 10 days
time to represent (if required). The P.I.O. shall
take into consideration the representation while
taking decision on the request on merits.
(ix) In case, where, the request is rejected or
refused by the P.I.O.; the particulars of the
Appellate Authority to whom appeal can be
referred, shall be mentioned with time limit of
The following information can be
refused to provide to the applicant:-
EXEMPTION FROM DISCLOSURE OF INFORMATION
7. As per provision of Section-8 of the
Act, the following type of information shall not
be obligatory to be given:-
(a) Information, disclosure of which would
prejudicially affect the sovereignty an integrity
of India, the security, strategic, scientific or
economic interest of the State, realtion 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 breath of privilege of Parliament or the
(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 Public
Information Officer is satisfied that larger
public interest warrants the disclosure of such
(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
(f) Information received in confidence from
(g) Information , the disclosure of which would
endanger the life or physical safety of any person
or identify the sources of information or
assistance given in confidence for law enforcement
or security purpose;
(h) Information which would impede the process of
investigation or apprehension or prosecution of
(i) Cabinet papers including records of
deliberations of the 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 exemptions 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
justifies the disclosure of such information.
Provided that the information which can not be
denied to the Parliament or a state legislature
shall not be denied to any person.
(k) Information which can not be denied to the
Parliament or a state legislature shall not be
denied to any person.
Note:- Without prejudice to
the provisions of Section 8 of the Act, the
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. Where a request for access
to information is rejected on the ground that it
is in relation to information which is exempted
from disclosure, them, notwithstanding anything
contained in this Act, access may be provided to
that part of record which does not contain any
information which is exempted from disclosure
under this Act and which can reasonably be severed
from any part that contains exempt information.
L. In case of third party information marked
confidential/secret, information shall not be
disclosed without giving opportunity of hearing to
third party regarding whether the information
should be disclosed. Provided that except in the
case of trade or Commercial secret protected by
law disclosure may be allowed if the public
interest in disclosure out weight in
importance any possible harm or injury to the
interest of such third party.
PROVISIONS TO FILE APPEAL
8. The Act provides for two tier system for
(i) Nomination:- DCEO(S), FC, CAP, GM(PERS.)/GM(COM.)/GM(GH) NOIDA) NOIDA has
been designated/nominated as Appellate Authority
(ii) An application form has been prescribed for
submission of first Appeal. It is available in RTI Department and is supplied free of cost.
(iii) Any person who does not receive information
within 30 days in normal course and within 40 days
in the case of third party information or who is
not satisfied with the information provided; may
prefer first appeal of incomplete information. (as
the case may be)
(iv) The appellate Authority shall dispose
appeals within 30 days from the submission of
(v) The appellant shall be given proper hearing
by the Appellate Authority. Decision shall be
delivered as early as possible latest within 30
days from the date of receipt of appeal in the
office of Appellate Authority.
(vi) The appellate Authority may condone delay if
sufficient cause is shown by the applicant.
(vii) A second appeal against the decision of
Appellate Authority can be referred to the U.P.
State Information Commission in case any person is
not satisfied with the decision of the Appellate
(viii) For filing second appeal 90 days time
limit is prescribed limit.
(ix) The Commission may Condon the delay if
sufficient cause is shown.
(x) Third party appeal against decision of P.I.O.
may be filed within 30 days before first appellate
Authority and within 90 days of the decision of
first appeal before U.P. State Commission.
(xi) The Commission has been given enormous
powers to attend to complaints and appeals etc.
The have been given power of summoning and
enforcing attendance of persons; compelling them
to give oral or written evidence on oath to
produce documents or things etc(if required)
9.(A) Duties and responsibilities of
(i) To receive application on behalf of NOIDA
Authority and acknowledge them with date on such
(II) To assign number of request under R.T.I Act
and to enter it in a register with number.
(iii) To scrutinize Applications and find out
concerned Department to whom request is to be
(iv) To forward application to the concerned
Department within 48 hours.
(v) To receive appeals on behalf of appellate
authorities and to submit them through P.I.O. for
onward submission to Appellate Authority.
(vi) To receive reply/information from concerned
(vii) To compile the information with the
(viii) To certify the information while providing
it to the applicant.
(ix) To ensure realization of requisite fee in
each and every case.
(x) To ensure delivery of information to the
B. Duties and responsibilities of P.I.O.
To scrutinize the information sought for by
(ii) To examine whether any exemption is
applicable under section 8 or 9 or 24 of the Act.
(iii) If covered under any exemption to issue
rejection/refusal order with cogent reasons.
(iv) To examine if it pertains to life or liberty
or any urgency.
(v) To examine if any further fee is required and
issue instructions to realize fee.
(vi) To Issue intimation for deposit of further
fee with justification and his right to review of
(vii) To seek services of other officers who are
posted in other departments and are acquainted
with the information for ensuring the delivery of
complete reply to the applicant.
(viii) To ensure disposal of the requests within
prescribed time period.
(ix) To find out if third party is involved if so
to issue notice to third party and to obtain
representation from third party (if required).
(x) To give opportunity of hearing and to make
representation orally or in writing to third
(xi) To intimate him about his entitlement to
make appeal to the appellate Authority within
(xii) To prepare weekly statements and to apprise
off the situation to ACEO and CEO NOIDA.
10. Guidelines for applicant for filling
application under the Right to Information Act
(i) Identify the nature of information required.
(ii) Identify the period for which the
information is required.
(iii) Identify the public Information Officer,
from which the information is required.
(iv) Get an application form from A.P.I.O. NOIDA.
(v) Fill up the application form either in
English or in Hindi.
(vi) Make the application to Public Information
(vii) Pay the prescribed fee Rs.10/- per request.
(viii) Pay further fee where required for
obtaining photo copy or sample etc.
(ix) Await Reply for 30 days.
(x) If the information pertain to third party;
third party can be given opportunity to represent
his case. In those cases the applicant has to wait
for 40 days to get reply/information.
(xi) If no reply is received within 30 days or
applicant is not satisfied with the reply received
then provision of filling first appeal before
Appellate Authority of the NOIDA Authority is
(xii) The appellant has to wait for 30 to 45 days
to obtain decision on the appeal.
(xiii) If the appellant is not satisfied with the
decision of the appellate Authority, provision of
second appeal against the decision of appellate
authority within 90 days to U.P. State Information
Commission is available.
ACTIVITY CHART FOR PUBLIC INFORMATION
acknowledge it and put a stamp on the same.
Assign a number to
Scrutinize the received
Transfer the application
or part thereof to other public authority. If
it does not pertain to him.
Examine whether any
exemption is applicable under section 8 or 24.
If covered under any
exemption issue rejection order with cogent
Examine if it pertains to
life or liberty.
If yes collect information
and dispose of.
Examine if any further fee
Issue intimation for
deposit of further fee with justification and
his right to review of decision.
7 (3) (a) (b)
Seek services of other
officers who will be deemed Central/State
Public Information Officer.
If not covered under
exemption proceed further or collect
information to adjudicate and dispose of
Find out if third party is
involved if so issue notice to third party
Within 5 days
Give opportunity to make
representation orally or in writing to third
Within 10 days (5+10) 15
Dispose of request in the
case of third party
Intimate him about his
entitlement to appeal.
Provision of Penalty
The Information Commission
(i) The Commissions have been given enormous
power to complaints and appeals. They have been
given power of summoning and enforcing attendance
and compel concerned person ;to give oral and
written evidence on oath and to produce documents
(ii) The Commission can impose penalty @ Rs.
250/- per day subject to maximum of Rs. 25,000/-
Burden of proving that the denial of information
was justified; lies with the concerned officer who
fails to provide information.
(iii) In the event of persistent default the
Commission may Issue directions for disciplinary
action against defaulter for persistent default;
however opportunity would be given to hear the
defaulter. Burden of proof lies with the defaulter
(iv) The Commission are empowered to give
(v) The Commission can intervene for not
accepting an application, delay in release of
information without reasonable cause or malafidely
denying information or knowingly giving incorrect/
incomplete information; misleading information,
destroying information and obstructing furnishing
of information in any manner.