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| SALIENT POINTS
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The Act consists of following chapters:
Chapter-I - Short titles, Extent and commencement and definitions
Chapter II - Obligation of Public Authorities
Chapter III & IV - Central and State Information Commissions
Chapter VI - Miscellaneous
Designating PIO/APIO/Appellate Authority -
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Every public authority shall designate its officer as Public Information Officer (PIO) in all administrative unit or offices.
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Assistant Public Information Officer (APIO) to be designated in sub Divisional offices.
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Appellate Authority at zonal level- Officer to be nominated.
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| DUTIES OF PUBLIC AUTHORITY UNDER RTI ACT
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Every public authority shall provide or reject
the request for information expeditiously as possible, and in any case within
thirty days of the receipt and where the information sought for concerns the
life or liberty of a person, the same shall be provided within forty-eight
hours of the receipt of the request.
The period intervening between the despatch of the said intimation and payment
of fees shall be excluded for the purpose of calculating the period of thirty
days
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| PUBLISH IMPORTANT POLICIES, DECISIONS |
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c) To publish all relevant facts while
formulating important policies or announcing the decisions which affect public;
REASONS FOR ITS ADMINISTRATIVE AND QUASI-JUDICIAL DECISIONS
d) To provide reasons for its administrative or quasi-judicial decisions to
affected persons.
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PROVIDE AS MUCH INFORMATION
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a) Sub-Sections - (2) to (4) ibid To provide as much information (through
various means of communications, including internet) suo moto, so that the
public has minimum resort to the use of this Act to obtain information;
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| DISSEMINATE INFORMATION THROUGH VARIOUS MEANS |
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b) To disseminate the information (make known or communicated to the public
through notice boards, newspapers, public announcements, media broadcasts, the
internet or any other means including inspection of offices) widely and in such
form and manner which is easily accessible to the public taking into
consideration the cost effectiveness, local language and the most effective
method of communication in that local area; and
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| EASY ACCESSIBILITY
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c) To ensure that the information (to the extent possible in
electronic format) is easily accessible with the PIOs and may be made available
to the public free or at a cost prescribed by the Government.
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| EXCERPTS FROM THE ACT
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Every public authority shall, within one
hundred days of the enactment of this Act, designate as many officers as the
Central Public Information Officers or State Public Information Officers, as
the case may be, in all administrative units or offices under it as may be
necessary to provide information to persons requesting for the information
under this Act.
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Right to information - subject to the provisions of this Act, all citizens
shall have the right to information.
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Obligations of public authorities - (1) Every public authority shall-
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Maintain all its records duly catalogued and indexed in a
manner and the form which facilitates the right to information under this Act
and ensure that all records that are appropriate to be computerised are within
a reasonable time and subject to availability of resources, computerised and
connected through a network all over the country on different systems so that
access to such records is facilitated;
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Published within one hundred twenty days from the enactment of
this Act
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The particulars of its Organisation, functions and duties;
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The powers and duties of its officers and employees;
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The procedure followed in the decision making process including channels of
supervision and accountability;
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The norms set by it for the discharge of its functions;
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The rules, regulations, instructions, manuals and records held by it or under
its control or used by its employees for discharging its functions;
a statement of the categories of documents that are held by it or under its
control;
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The particulars of any arrangement that exists for consultation with or
representation by the members of the public in relation to the formulation of
its policy or implementation thereof;
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A statement of the boards, councils, committees and other bodies consisting two
or more persons constituted as its part or for the purpose of its advise and as
to whether meetings of those boards, councils committees and other bodies are
open to the public or the minutes of such meetings are accessible for public;
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A directory of its officers and employees;
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The monthly remuneration received by each of its officers and employees
including the system of compensation as provided in its regulation;
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The budget allocated to each of its agency, indication the particulars of all
plans, proposed expenditure and reports on disbursements made;
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The manner of execution of subsidy programs including the amounts allocated and
the details of beneficiaries of such programs particulars of recipients of
concessions, permits or authorisation granted by it;
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Details in respect of the information available to or held by it, reduced in an
electronic form;
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The particulars of facilities available to citizens for obtaining information,
including the work in hours of a library or reading room if maintained for
public use;
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The names, designations and other particulars of the public information
officers;
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Such other information as may be prescribed and thereafter update these
publication every year.
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Publish all relevant facts which formulating important
policies or announcing the decisions which affect public.
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Provide reason for its administrative or quasi - judicial
decisions to affected persons.
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It shall be a constant endeavor of every public authority to take steps in
accordance with the requirements of clause (b) of sub section (1) to provide as
much information suo motu to the public at regular intervals through various
means of communications, including internet so that the public have minimum
resort to the use of this Act to obtain information.
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For the purposes of sub-section (1) every information shall be disseminated
widely and in such form and manner which is easily accessible to the public.
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All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of communication in
that local area and the information should be easily accessible to the extent
possible in electronic format with the central public information officer or
state public information officer as the case may be available free or at such
cost of the medium or the print cost price as may be prescribed.
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Without prejudice to the provisions of sub-section (1), every public authority
shall designate an officer, within one hundred days of the enactment of this
Act, at each sub-divisional level or other sub-district level as a Central
Assistant Public Information Officer or a State Assistant Public Information
Officer, as the case may be, to receive the applications for information or
appeals under this Act for forwarding the same forthwith to the Central Public
Information Officer or the State Public Information Officer or senior officer
specified under sub-section (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be. Provided
that where an application for information or appeal is given to a Central
Assistant Public Information Officer or a State Assistant Public Information
Officer, as the case may be, a period of five days shall be added in computing
the period for response specified under sub-section (1) of section 7.
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Every Central Public Information Officer or State Public Information Officer,
as the case may be, shall deal with requests from persons seeking information
and render reasonable assistance to the persons seeking such information.
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The Central Public Information Officer or State Public Information Officer, as
the case may be, may seek the assistance of any other officer as he or she
considers it necessary for the proper discharge of his or her duties.
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Any officer, whose assistance has been sought under sub-section (4), shall
render all assistance to the Central Public Information Officer or State Public
Information Officer, as the case may be, seeking his or her assistance and for
the purposes of any contravention of the provisions of this Act, such other
officer shall be treated as a Central Public Information Officer or State
Public Information Officer, as the case may be.
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| IMPORTANT DEFINITIONS
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"Information" means any materials in any form including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data materials held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
"Prescribed" means prescribed by rules made under this Act by the appropriate government or the competent authority, as the case may be.
"Public authority" means any authority or body or institution government established or constituted
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by or under the constitution
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by any other law made by parliament
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by any other law made by state legislature
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by notification issued or order made by the appropriate government
and includes any
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body owned, controlled or substantially financed
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non-government substantially financed directly or indirectly by funds provided
by the appropriate government.
"Records" includes
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any document, manuscript and file
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any microfilm, microfiche and facsimile copy of document.
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Any reproduction of image or images embodied in such microfilm (whether enlarge or not)
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Any other material produced by a computer or any other device.
"Right to Information" means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to
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Inspection of work, documents, records
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Taking notes, extracts or certified copies of documents or records
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Taking certified samples of material
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Obtaining information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through pint outs where such
information is stored in a computer or in any other device.
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| REQUEST FOR OBTAINING INFORMATION
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A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed to -
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The Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
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The Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, specifying he particulars of the
information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall render all reasonable assistance to the person making the request orally
to reduce the same in writing.
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An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
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Where an application is made to a public authority requesting for an information -
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Which is held by another public authority; or
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The subject matter of which is more closely connected with the functions of
another public authority,
The public authority, to which such application is made, shall transfer the
application or such part of it as may be appropriate to that other public
authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall
be made as soon as practicable but in no case later than five days from the
date of receipt of the application
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| DISPOSAL OF REQUEST
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Subject to the proviso to sub-section (2) of section 5 or the proviso to
sub-section (3) of section 6, the Central Public Information Officer or State
Public Information Officer, as the case may be, on receipt of or request under
section 6 shall, as expeditiously as possible, and in any case within thirty
days of the receipt of the request, either provided the information on payment
of such fee as may be prescribed or reject the request for any of the reasons
specified in sections 8 and 9;
provided that where the information sought for concerns the life or liberty of
a person, the same shall be provided within forty-eight hours of the receipt of
the request.
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If the Central Public Information Officer or State Public Information Officer,
as the case may be, fails to give decision on the request for information
within the period specified under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be
shall be deemed to have refused the request.
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Where a decision is taken to provide the information on payment of any further
fee representing the cost of providing the information, the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall send an intimation to the person making the request, giving-
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The details of further fees representing the cost of providing the information
as determined by him, together with the calculations made to arrive at an
amount in accordance with fee prescribed under sub-section (1), requesting him
to deposit that fees, and the period intervening between the despatch of the
said intimation and payment of fees shall be excluded for the purpose of
calculating the period of thirty days referred to in that sub-section;
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Information concerning his or her right with respect to review the decision as
to the amount of fees charged or the form of access provided including the
particulars of the appellate authority, time limit, process and any other
forms.
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Where access to the record or a part thereof is required to be provided under
this Act and the person to whom access is to be provided is sensory disabled,
the Central Public Information Officer or State Public Information Officer, as
the case may be, shall provide assistance to enable access to the information,
including providing such assistance as may be appropriate for the inspection.
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Where access to information is to be provided in the printed or in any
electronic format the applicant shall, subject to the provisions of sub-section
(6), pay such fee as may be prescribed;
Provided that the fee prescribed under sub-section (1) of section 6 and
sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall
be charged from the persons who are of below poverty line as may be determined
by the appropriate Government.
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Notwithstanding anything contained in sub-section (5), the person making
request for the information shall be provided the information free of charge
where a public authority fails to comply with the time limits specified in
sub-section (1).
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Before taking any decision under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall take into consideration the representation made by a third party under
section 11.
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Where a request has been rejected under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall communicate to the person making the request, -
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The reasons for such rejection;
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The period within which an appeal against such rejection may be preferred; and
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The particulars of the appellate authority.
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An information shall ordinarily be provided in the form in which it is sought
unless it would disproportionately divert the resources of the public authority
or would be detrimental to the safety or preservation of the record in
question.
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| DISPOSAL OF REQUEST
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EXEMPTION FROM DISCLOSURE OF INFORMATION
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Information, disclosure of which
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Affect sovereignty, security, strategic, scientific, economic interests,
integrity of India and relation with foreign State.
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Has been expressly forbidden to be published by any Court of law or tribunal or
the disclosure of which may constitute contempt of Court;
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Would cause a breach of privilege of Parliament or the State Legislature;
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Would harm the competitive position of a third party, unless the competent
authority is satisfied that larger public interest warrants the disclosure of
such information;
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is available to a person in his fiduciary relationship, unless the competent
authority is satisfied that the larger public interest warrants the disclosure
of such information;
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received in confidence from foreign Government;
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Would endanger the life or physical safety of any person or identify the source
of information or assistance given in confidence for law enforcement or
security purposes;
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would impede the process of investigation or apprehension or prosecution of
offenders;
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cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers:
Provided that the vision of Council of Ministers, the reasons thereof and the
material on the basis of which the decisions were taken shall be made public
after the decision has been taken, and the matter is complete, or over;
Provided further that those matters which come under the exemptions specified
in this section shall not be disclosed;
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information which relates to personal information the disclosure of which has
no relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central Public
Information Officer or the State Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public interest
justifies the disclosure of such information;
Provided that the information which cannot be denied to the Parliament or State
Legislature shall not be denied to any person.
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Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any
of the exemptions permissible in accordance with sub-section (1), public
authority may allow access to information, if public interest in disclosure
outweighs the harm to the protected interests.
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Subject to the provisions of clause (a), (c) & (i) of sub-section (1), any
information relating to any occurrence, event or matter which has taken place,
occurred or happened twenty years before the date on which any request is made
under section 6 shall be provided to any person making a request under that
section;
Provided that where any question arises as to the date from which the said
period of twenty years has to be computed, the decision of the Central
Government shall be final, subject to the usual appeals provided for in this
Act.
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| GROUNDS FOR REJECTION TO ACCESS IN CERTAIN CASES
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Without prejudice to the provisions of section 8,
a Central Public Information Officer or a State Public Information Officer, as
the case may be, may reject or request for information where such a request for
providing access would involve an infringement of copyright subsisting in a
person other than the State.
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| SEVERABILITY
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Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information
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Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing-
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That only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
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The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
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The name and designation of the person giving the decision;
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The details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
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his or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee charged or the
form of access provided, including the particulars of the senior officers
specified under sub-section (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be, time limit,
process and any other form of access.
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| THIRD PARTY INFORMATION
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Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
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Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and given in writing the notice of his decision to the third party.
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A notice given under sub-section (3) shall include a statement that the third
party to whom the notice is given is entitled to prefer an appeal under section
19 against the decision.
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