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karira

Public Records Act 1993 and Rules 1997

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Pradip Shah

Very useful information.

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gmphadte

Too good an info.

Many RTI queries will be more effective if this is known to individuals.

 

Thanks

 

Gajanan Phadte

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rameshserdia

its very informative thanks

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jetley

I understand that this Act and Rules will be applicable to Central Government departments only. Maharashtra has an act of its own, but probably other state governments do not have a similar act.

 

In this situation, how does one make use of the provisions of this act/rules in cases where PIO and FAA refuse information simply stating that records are missing?

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karira

If the PIO claims records are missing, then normally the IC asks them to do a diligent search once again and then give a sworn affidavit to that effect.

 

The last know custodian of the records can be taken to task as well as the public authority can be asked to "reconstruct" the file.

 

Please use the customised search bar available at the top of the page and search for "missing file". missing records" ,etc. and you will get many useful threads.

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jetley

Just to put my query in proper context, the question arose because I have encountered evasion on grounds of "records not available" several times by PIO's and FAA's when information sought pertains to irregularities committed by their nexus, AND in the course of a 2nd appeal, I personally observed the IC 'teaching' all PIO's and FAA's present in the court room, to simply say "records not available" when they do not wish to reveal the records !! That's why I am looking for specific grounds on which one can press hard for enquiry, affidavit, (and FIR) that you have so rightly suggested, that should be the norm, but alas, is intentionally not followed by even some IC's as in the instance narrated above.

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karira

Can you please explain what you (or the PIO) mean by "records not available" ?

 

Are they missing ?

Are they lost ?

Are they destroyed ?

 

Which information Commissioner was it ? CIC or SIC ?

 

IOf such a thing happens in future, tell the IC with a staright face:

 

"Sir/Madam, you are encouraging a public servant to indulge in a criminal Act and to act against the letter and spirit of the RTI Act 2005. "

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jetley
Can you please explain what you (or the PIO) mean by "records not available" ?

 

Are they missing ?

Are they lost ?

Are they destroyed ?

 

I have seen a number (more than a dozen) of decisions of PIO simply stating that "information not available" or "records not available". FAA's in those cases have avoided seeking clarification of PIO's on meaning of their decision.probably because missing records means they themselves have to take a lot of trouble for initiating enquiry, fixing responsiblity, lodging FIR, informing HOD etc. and this often disturbs the otherwise comfortable corrupt equations between FAA and PIO, as usually high level corruption is done as a team, and they don't allow such disturbance to happen for the sake of one applicant or piece of information.

 

Which information Commissioner was it ? CIC or SIC ?

One IC (NS) of a SIC.

IOf such a thing happens in future, tell the IC with a staright face:

 

"Sir/Madam, you are encouraging a public servant to indulge in a criminal Act and to act against the letter and spirit of the RTI Act 2005. "

I would have done it had it been done in process of my hearing. It happened between hearing of 2 cases, as a casual discussion with FAA's and PIO's sitting in front benches in the room, while I was sitting away waiting for the turn of my case.

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jetley
Can you please explain what you (or the PIO) mean by "records not available" ?

It is exactly what some PIO's have said in their decisions (FAA's have held their decisions as 'appropriate').

Are they missing ?

Are they lost ?

Are they destroyed ?

Fact of the matter is that records are being hidden/destroyed to cover up malpractices of the past.

Which information Commissioner was it ? CIC or SIC ?

IC NS of SIC.

IOf such a thing happens in future, tell the IC with a staright face:

 

"Sir/Madam, you are encouraging a public servant to indulge in a criminal Act and to act against the letter and spirit of the RTI Act 2005. "

The event took place between hearings, with PIO's and FAA's sitting in the 1st bench before the IC, and myself sitting at a distant corner of the room, awaiting my turn. Though I agree with the spirit of your advice, naturally, I didn't want to butt in, under those circumstances, partucularly since my own hearing was pending! Moreover, can such statement of point blank truth bring about any behaviour change in those full of moral turpitude? I think not. My impression is, it would not have done any good, and on the contrary would have personally prejudiced the IC in the matter of the 2nd appeal that I won eventually (though still haven['t got the requested information, now awaiting hearing of complaint of non-compliance with IC orders).

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southwind

In the attached PRA, I find it is stted that it applies to the Central Govt. and UT, what about states. If we call India as Union of India, does these entitlements to the public include the state governments.

I am from Kolkata and I have 2 RTI faisures quoting RTI Application and Base record on which I reaised RTI letter were missing. Please help me.

 

sridhar, kolkata

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