Printer-friendly version

Browse the glossary using this index

Special | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z | ALL

Page:  1  2  3  4  5  6  (Next)
  ALL

I

Question:

If a case is still under consideration (ie., 'live' or 'current file) for final decision can that file be made available to the requestor before the decision has been taken?

(Last edited: Wednesday, 18 January 2023, 4:16 PM)
Answer:

Yes. Aspects of the file which are pending decisions also need to be disclosed unless exempted under Section 8 or 9.


Question:

If in a single application the applicant requests information that relates to the work of several departments, is the PIO responsible for giving all that information within the deadline?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

No, the RTI Act makes it clear that the PIO has the power to transfer an application or parts of it, if this relates to information held by another public authority or relates more closely to the activities of any other public authority [Section 6(3)]. The PIO is not responsible for collecting information from other public authorities especially if it is likely to take more than 30 days to secure such information, it is better to transfer the application to the concerned PIO and inform the applicant about the transfer in writing immediately Section 6 (3). This amounts to action taken in good faith and will not attract any penalty to the PIO.


Question:

If the applicant does not pay the additional fees towards the cost of providing information within the 30-day deadline will the PIO be penalized for failing to provide information to the applicant?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

No. The PIO will not invite any penalty in such cases. The 30-day clock stops ticking from the date of dispatching the intimation order issued by the PIO and restarts on the date on which the applicant pays the additional fee. For example, if the PIO dispatches the intimation later on the 5th-day from, the date of receipt for the complete application only 5 days would have elapsed from the 30-day limit. The clock will restart on the date on which the applicant pays the additional fees. The PIO will have to provide the information within 25 days from the date of payment of additional fees. If the applicant chooses to seek a review of the additional fee from the FAA or the SIC the period taken for giving a decision on this matter will not be included in the 30-day limit.


Page:  1  2  3  4  5  6  (Next)
  ALL