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Thread: RIGHT TO INFORMATION ACT, 2005 (India)

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  1. #1
    Join Date
    Sep 2006
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    Default If the public authority fails

    No fee is required to be paid if the public authority fails to provide information within specified time limits in which case the information is supplied free of cost.

  2. #2
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    Default Time limit

    (a) In ordinary course - 30 days
    (b) If the information concerns the life or - 48 hours - liberty of a person
    (c) If the request is made to an Assistant - Normal time +Public Information Officer 5 days
    (d) If the request relates to third party - 40 days
    (e) If the request involves information pertaining - 45 days to the allegation of human rights violation in relation to specified Intelligence and Security Organization

  3. #3
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    Default Pending files

    Pending decisions file notings would remain out of RTI purview.

  4. #4
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    Default To be given on application

    (a) Information which cannot be denied to the Parliament or a State Legislature.
    (b) When the public interest in disclosure outweighs the harm to the protected interest.
    (c) Any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date of request for such information, except when information is covered under Sec 8(1)(a)(e) or (i).
    (d) Information pertaining to the allegations of corruption and human rights violation relating to the Intelligence and security, Organisations specified in the second schedule or notified by a State Government.

  5. #5
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    Default Public Information Officer

    As per Sec 5 of the Act, every public authority shall designate as many PIOs in all administrative units or offices under it, as may be necessary to provide information to persons requesting for it. Besides, the public authority shall also designate an Assistant Public Information Officer (APIO) at unit level to receive the requests for information or appeals for forwarding the same forthwith to the PIO or the Information Commission, as the case may be.

  6. #6
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    Default Duties of a PIO

    (a) To deal with requests from persons seeking information and reasonable assistance to the persons seeking such information.
    (b) To render all reasonable assistance to the person making the request orally to reduce the same in writing.
    (c) To dispose a request for information expeditiously.

  7. #7
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    Default First Appellate Authority

    (a) Any person who does not receive within the time specified u/s 7 on an application for obtaining information made by him or is aggrieved by the decision of PIO, besides a third party aggrieved by an order of the PIO u/s 11 to disclose third party information may also prefer an appeal against such order. An appeal should be made in the prescribed form. The appeal should be made within 30 days from the expiry of time specified u/s 7 for giving a decision on an application, or the receipt of the decision/order appealed against. An appeal should be disposed of within thirty days of its receipt. This period may be extended for reasons to be recorded in writing subject to a maximum of total 45 days from the date of filing of appeal. The appellate Authority may condone the delay and admit an appeal after expiry of the said period of 30 days, if he/she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

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