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RTI ACT 2005 PART IV

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RTI ACT 2005 PART IV
AVINASH KUMAR GUPTA
CCW AIR SOOCHNA BHAWAN
NEW DELHI

Published in: Government & Nonprofit
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RTI ACT 2005 PART IV

  1. 1. APPEAL 1. Not getting decision with in prescribed time limit. 2. Aggrieved by the decision of CPIO.
  2. 2. TIME LIMITS : — 30 days. — From expiry of time limits for CPIO. — From date of receipt of decision of CPIO. — Appeal by third party in 30 days. — AA may admit the appeal after expiry for sufficient cause. — Appeal to CIC with in 90 days from the date of receipt of decision. — CIC may admit appeal after expiry to 90 days for sufficient cause.
  3. 3. APPEAL PROCESS: —Reasonable opportunity to third party./CPIO/Demmed CPIO —Onus on CPIO to prove justification for denial. —AA to dispose of open appeal with in 30 days but not exceeding 45 days. —CIC to give notice to appellant & PA. —Decision to be communicated. —Decision to be speaking orders.
  4. 4. POWERS OF COMMISSION : — To secure compliance of the provisions of RTI Act. — Provide access to information in a particular form. — Appointing CPIO. — Publishing certain categories of information . — Make necessary change in practice of maintenance, management and destruction of record. — Provision of training to officials. — Compensate the complainant for any loss or other deteriment suffered. — Impose penalties provided in the Act. — Reject the application
  5. 5. PENALTIES : While deciding appeal/ complaint, Commision is of the opinion -. • That CPIO without any reasonable cause — Refused to receive an application. — Has not submitted information, — With in time frame specified. — Malafidely denied information. — Knowingly given incorrect information. — Given incomplete or misleading information. — Destroyed the information. — Obstructed in giving the information. • Penalty may be imposed.
  6. 6. MAGNITUDE OF PENALTY : 1. Rs. 250/- per day, Max Rs. 25000/- 2. Burden to prove diligence on CPIO.
  7. 7. DISCIPLINARY ACTION : —While deciding appeal/ complaint. —If commission is of opinion that – —CPIO, Persistently without any reasonable cause. —failed to receive application. —Persistently has not given information within the time frame. —Persistently denial, given wrong information/ misleading/ incomplete information or destroyed information. —Commission shall recommend RDA under the service rules.
  8. 8. ACT NOT APPLICABLE : Some organizations have been kept outside purview of RTI ACT —intelligence & security organization. —2nd schedule of RTI Act. Exception (Information to be provided): —Information pertaining to corruption and human right violation. —In case of human right violation, information to given after approved of CIC. —Information of HR violation to be provided of within 45 days.
  9. 9. SOME ORGANISATION UNDER SECOND SCHEDULE : 1. IB, RAW, DRI 2. CIEB, D of Enf. 3. NCB ,ARC 4. SFF, BSF, CRPF, ITBP, CISF, NSG, AR, SSB 5. DGI T(Investigation), NTRO, FIU 6. SPG, CBI, NIA 7. DRDO, BRDB 8. NSCS, NIG. Total 25 organisations at present

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