Many a time Public Information Officer (PIO) denies information to the applicant by calling the information as third party information: sometime to avoid disclosure of information and sometime due to lack of understanding of what does constitute third party information. This makes necessary to understand what does exactly constitute third party information under RTI Act 2005. » Read more
In general, only public authorities come under the purview of RTI Act. Thus, the question arises that “do private schools come under RTI?” On various occasions, Central Information Commission and Courts have interpreted the definition of Public Authority to bring many organizations under purview of RTI Act. Public Authority is defined under section 2(h) of the RTI Act, which is produced below: » Read more
Under section 6(1) of RTI Act 2005, any Indian citizen can seek information from any Public Authority defined under Section 2(h) of RTI Act 2005, where the onus of giving information is with PIO (Public Information Officer), defined in Section 5 of RTI Act 2005. But there are numerous occasions when the unwilling PIOs have blatantly claimed to CIC (Central Information Commission) that Information is lost or not traceable or readily not traceable or currently not traceable or not held. » Read more
In case we do not receive the decision of the Central Public Information Officer (CPIO) or the State Public Information Officer (SPIO), as the case may be, within the time specified, or are aggrieved at the decision of the CPIO or SPIO, we may submit first appeal to the First Appellate Authority (FAA) in the concerned public authority within thirty days from the expiry of such period or from the receipt of such a decision. First Appeal is important opportunity for applicant to get the information by making personal presence and justifying his demand for information. However, after receiving First Appeal, many a times FAA passes orders without hearing or sending hearing notice to the appellant, causing the appellant to loose opportunity to justify himself. Hence the question “is Personal Hearing of Appellant mandatory in First Appeal under RTI?”.
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When you want to submit request for information under RTI Act, 2005, you must be aware of two things: RTI Act, and RTI Rules of Central or State Governments, as the case may be. There are no common RTI Rules for both Central and State Governments. Every State has its own RTI Rules. RTI Rules provide details of format of RTI Application, Fees Structure, Mode of Payment, etc. If you don’t follow the specific rules of the concerned State, then your application may be rejected. Thus, before submitting RTI Application, you must know RTI Rules: RTI Act 2005 Rules for State Governments. » Read more