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If not answered the request timely
If the concerned officer fails to provide the information, he/she will be liable for neglect of duty and can be proceeded, under the provisions of Act. Once the information is received, the PIO will supply the same to the applicant within thirty days of the receipt of request or reject the request for any of reasons specified in Sec 8 and 9 of the Act. However where the information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours of the receipt of request.
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When top pay additional fees, if any
Where a PIO decides to provide the information, he shall send an intimation to the applicant, stating (a) The details of fees, towards cost of providing the information, together with the calculation details, and requesting him to deposit fees.
(b) The applicant can seek review of the decision on fees charged by him or the form of access provided including the particulars of the Appellate Authority, time limit, process and any other forms.
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Fee for information
(a) Request for obtaining information - Rs 10 per request under Sec 6 of the Act
(b) For large size paper - Actual charge or cost price
(c) For samples or models - Actual cost or price
(d) For inspection or records
(i) For the first hour - Nil
(ii) For each subsequent hour - Rs 5/-(or part thereof) (e) For information provided in diskette - Rs 50/- per floppy
(f) For information provided in printed - Price fixed for the form publication
(g) For extracts from a publication - Rs 2/- per page of photocop
The mode of recovery may be by way of cash against proper receipt or by demand draft or cheque payable to 'RTI Fund Account-(Name of CPIO/Place)'.
As per sec 7(5) of the Act no fee is required to be paid by the applicants who are Below Poverty Line. If such a person claims exemption from fee, he may be asked to produce documents to prove that he/she is below poverty line (BPL).
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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.
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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
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Pending files
Pending decisions file notings would remain out of RTI purview.
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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.
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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.
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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.
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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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