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

1. OFFICIAL SECRETS ACT – 1923
SECTION – 8(2)
1. Not completely superseded by RTI Act.
2. Gives direction to public authority to disclose or not to
disclose.

2. EVENTS/ OCCURRENCE/ MATTERS TOOK PLACE 20
YEARS BACK:
1. Whether records to be preserved for 20 years.
2. RTI Act does not prescribe a record retention schedule.
3. Records are to be retained as per the record retention schedule
of the PA
4. Information to be given if available even if such of
information is exempt under section 8(1) of the Act.
(DOPT – 1/20/2009-IR 23/06/2009)

3. INFORMATION NOT TO BE DISCLOSED AFTER 20
YEARS:
1. Relating to security of state.
2. Cause break of privilege of Parliament/ Legislature.
3. Cabinet papers till decision is final.

4. FILE NOTINGS:
1. To be provided.
2. Except exempted under Section 8(1).
(DOPT – OM 1/20/2009-IR dated 23/06/2009)

5. PERSONAL INFORMATION:
Decision of Supreme Court of India Girish R. Desh Pande V/s
CIC (SLP(c) 27734/2012)
1. CIC held that complaints made against an officer and action
thereon qualifies person information u/s 8(1)(i) of the RTI ACT.
2. SC held – performance of an employee/ Officer – a
matter between employer- employee – governed by service
rules fall under the expression of personal information – has no
relation to public activity/ interest. Disclosure – cause
unwarranted invasion of the privacy of individual.
3. It could be disclosed if larger public interest warrants.
(DOPT – 11/2 2013-IR(Pt) 14/08/2013)

6. COPYRIGHT ISSUES :
i. Copyright subsisting in a person.
ii. Not in the state.
iii.Deny if infringement of copyright of person.

7. SEVERABILITY :
i. If information sought is partly exempted.
ii. Access may be provided to permissible information which
can reasonably be severed from any part that contain exempt
information

8. SEVERABILITY :
PROCEDURE U/S 10(2)
— give notice to applicant
— That only part information after severance of the record is provided.
— Reasons of the decision.
— Name and designation of the person giving decision.
— Details of fee.
— Applicant’s right to review (severance/ fee).
— Name of Appellate Authority and address/ CIC
— Time permitted to file appeal.

9. PART TRANSFER :
—Supply information available.
—Transfer )send copy of application) application to other PA
—Intimate applicant.

10. THIRD PARTY INFORMATION :
—Third party means
—Which relates to or has been supplied by a third party and has
been treated confidential by that third party.
—Give written notice to third party with in 5 days from receipt
of date of request.
—Statuary that CPIO intends to disclose or party disclose
information.
—Third party to make representation/ submission in WRITING/
ORALLY
—Submission of third party to be considered while taking
decision by the CPIO.

11. CONSIDERATION BY CPIO :
(THIRD PARTY SUBMISSION)
—TRDE secrets & commercial interests of third party are to be
protected.
—Information allowed if public interest out weights interest of
third party.

12. TIME LIMITS U/S 11 :
—Third party notice with in 5 days.
—Third party submission with in 10 days.
—CPIO to supply information/ or deny with in 40 days. If agrees
with third party.

13. IN CASE OF DISAGREEMENT BETWEEN CPIO/ THIRD
PARTY :
1)CPIO will convey his decision to third party.
2)Third party has right to appeal u/s 19 to Appellate Authority &
CIC.
3)It is statutory requirement. PIO liable for action for violation.

14. COMPLAINTS TO COMMISSION :
18(1) - citizen may complaint to commission if -
—Unable to submit a request to CPIO.
—CPIO not appointed.
—CPIO refused to accept applications/ appeal.
—Refused access to information.
—Not given response with in time limit.
—Asked to pay unreasonable fee.
—Given incomplete, misleading or false information.

15. COMPLAINTS TO COMMISSION :
18(2) - commission finds reasonable ground to inquire into the
matter.
—If may initiate inquiry.
POWERS OF COURT:
18(3) - commission will have powers of a Civil Court while trying a suit in
respect of following matters -.
—Summoning the persons for evidence on oath.
—Requiring documents.
—Receiving evidence on affidavit.
—Summons for examination of witnesses or documents.
18(4) - no record to be withheld during inquiry by commission.