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pkguptaa

information more than 20yrs denied

Question

pkguptaa

Sir

 

Sent RTI application to P.I.O commissioner Patiala, mini secretariat, Patiala

for information regarding date of registration of power of attorney.

 

PIO replied as the information is more than 20yrs old so that can not be supplied.

copy of reply attached in punjabi.

 

please guide under RTI act any ruling that old record information more than

20yrs can not be supplied.

 

Any judgement regarding this.

 

regards

 

p k gupta

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6 answers to this question

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Prasad GLN

This section is being misinterpreted.

First: PIO has to deny information for the exemptions such were specifically stipulated in RTI Act under Sec.8. He has to also give justification for such action.

Second: The twenty years old rule is a positive step for providing of information without exemptions . Certain information is exempted under RTI. Even that information like Cabinet decisions etc., must be disclosed after 20 years.

This is never a reason for denial.

This was clearly explained in DOPT, O & M with more clarity. Go for first appeal against PIO's Denial.

 

Grounds for Denial: As per Sec.7, PIO has to specifically state such exemptions as stipulated under Sec.8 with proper justification on applicability of such exemptions. PIO has to provide any information if such records are available. The section and reason that information pertaining to more than 20 years is not stated as exemption under RTI Act in Sec.8.

PRAYER: Appellant prays for directions to PIO to provide the information that is available on record as expeditiously as possible , free of cost.

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pkguptaa
G.L.N. Prasad said:
This section is being misinterpreted.

First: PIO has to deny information for the exemptions such were specifically stipulated in RTI Act under Sec.8. He has to also give justification for such action.

Second: The twenty years old rule is a positive step for providing of information without exemptions . Certain information is exempted under RTI. Even that information like Cabinet decisions etc., must be disclosed after 20 years.

This is never a reason for denial.

This was clearly explained in DOPT, O & M with more clarity. Go for first appeal against PIO's Denial.

 

Grounds for Denial: As per Sec.7, PIO has to specifically state such exemptions as stipulated under Sec.8 with proper justification on applicability of such exemptions. PIO has to provide any information if such records are available. The section and reason that information pertaining to more than 20 years is not stated as exemption under RTI Act in Sec.8.

PRAYER: Appellant prays for directions to PIO to provide the information that is available on record as expeditiously as possible , free of cost.

 

THANKS AND REGARDS

ALSO LET ME KNOW HOW TO LOAD ATTACHMENT HERE AS SITE SHOWS JPG OF 30 KB canbe loaded only

Edited by pkguptaa

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Sunil Ahya

Grounds of First Appeal:

 

1. Section 8(1) (a) to (j) of the RTI Act, 2005 lays down exemption to information.

However section 8(3) provides for an
exception
to aforesaid exemptions, whereby an information which otherwise falls under the exemption of information given under section 8(1),
too
has to be disclosed after a lapse of twenty years.

 

Thus:

 

1. Information
which is not exempt
under the provisions of section 8(1) is to be disclosed irrespective of whether it is one day old or more than twenty years old, and

 

2. Information
which is exempt
under the provisions of section 8(1), too is required to be disclosed after a lapse of twenty years.

 

 

Please find section 8(3) of the RTI Act quoted below:

 

Section 8(3) Subject to the provisions of clauses (a), © and (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.

 

The PIO has misinterpreted the provision of section 8(3) of the RTI Act.

 

Prayers:

 

1. Kindly direct the PIO to provide the requested information.

 

2. Kindly direct the PIO (similarly mention ...)

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pkguptaa
Grounds of First Appeal:

 

1. Section 8(1) (a) to (j) of the RTI Act, 2005 lays down exemption to information.

However section 8(3) provides for an
exception
to aforesaid exemptions, whereby an information which otherwise falls under the exemption of information given under section 8(1),
too
has to be disclosed after a lapse of twenty years.

 

Thus:

 

1. Information
which is not exempt
under the provisions of section 8(1) is to be disclosed irrespective of whether it is one day old or more than twenty years old, and

 

2. Information
which is exempt
under the provisions of section 8(1), too is required to be disclosed after a lapse of twenty years.

 

 

Please find section 8(3) of the RTI Act quoted below:

 

 

 

The PIO has misinterpreted the provision of section 8(3) of the RTI Act.

 

Prayers:

 

1. Kindly direct the PIO to provide the requested information.

 

2. Kindly direct the PIO (similarly mention ...)

 

 

thanks and regards

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Prasad GLN

Any member who like to thank for the reply may just press the button prescribed under the said post.

Every time quoting the reply and writing separately thanks is a waste of time and this will not be accounted in their profiles if separate post is made. There will be unnecessarily increase of posts that are not useful to any one. Please avoid posting thanks and just press the button and save time and let the thanks add to reputation of the member who replies.

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karira

ALSO LET ME KNOW HOW TO LOAD ATTACHMENT HERE AS SITE SHOWS JPG OF 30 KB canbe loaded only

 

Please inform where and at what stage are you getting a limit of image size of 30 Kb ?

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