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Section 23: What is meant by "order"?

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pooorabyoura

Section 23 of RTI Act says:

 

"No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act."

 

 

Here, what does "order" mean? The term is used in two different contexts within the act: In section 19, and in section 30. (Quoted below) Which of them is protected from jurisdiction of the courts?

 

Thanks

Mumbai Civic

 

Section 19

"2. Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order."

 

Section 30

"1. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

 

Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.

2. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. "

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karira

The word "order" in Sec 23 means any order or decision of the PIO/.FAA/SIC/CIC.

 

However, citizens can always file a petition under Articles 32 and 226 of the Constitution. Nothing bars them form doing so. Many appellants and public authorities have filed petitions against the orders of the SIC/CIC in various High Courts.

 

You can read some of the judgments opf various HC's on our sister website: home - RTI India: The Complete Information and Resourse Regarding Right to Information of India

 

(Note: That site is hosted on a separate server and therefore requires a separate registration).

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