OFFICIAL SECRETS ACT – 1923SECTION – 8(2)

1. Not completely superseded by RTI Act.

2. Gives direction to public authority to disclose or not to

disclose.

EVENTS/ OCCURRENCE/ MATTERS TOOK PLACE 20 YEARS BACK:

1. Whether records to be preserved for 20 years.

2. RTI Act does not prescribe a record retention schedule.

3. Records are to be retained as per the record retention schedule

of the PA

4. Information to be given if available even if such of

information is exempt under section 8(1) of the Act.(DOPT – 1/20/2009-IR 23/06/2009)

INFORMATION NOT TO BE DISCLOSED AFTER 20 YEARS:

1. Relating to security of state.

2. Cause break of privilege of Parliament/ Legislature.

3. Cabinet papers till decision is final.

FILE NOTINGS:

1. To be provided.

2. Except exempted under Section 8(1).

(DOPT – OM 1/20/2009-IR dated 23/06/2009)

PERSONAL INFORMATION:

Decision of Supreme Court of India Girish R. Desh Pande V/s

CIC (SLP(c) 27734/2012)

1. CIC held that complaints made against an officer and action thereon qualifies person information u/s 8(1)(i) of the RTI ACT.

2. SC held – performance of an employee/ Officer – a matter between employer- employee – governed by service rules fall under the expression of personal information – has no relation to public activity/ interest. Disclosure – cause unwarranted invasion of the privacy of individual.

3. It could be disclosed if larger public interest warrants.

(DOPT – 11/2 2013-IR(Pt) 14/08/2013)

COPYRIGHT ISSUES :

i. Copyright subsisting in a person.

ii. Not in the state.

iii.Deny if infringement of copyright of person.

SEVERABILITY :

i. If information sought is partly exempted.

ii. Access may be provided to permissible information which

can reasonably be severed from any part that contain exempt

information

SEVERABILITY :

PROCEDURE U/S 10(2)

— give notice to applicant

— That only part information after severance of the record is provided.

— Reasons of the decision.

— Name and designation of the person giving decision.

— Details of fee.

— Applicant’s right to review (severance/ fee).

— Name of Appellate Authority and address/ CIC

— Time permitted to file appeal.

PART TRANSFER :

—Supply information available.

—Transfer )send copy of application) application to other PA

—Intimate applicant.

THIRD PARTY INFORMATION :

—Third party means—Which relates to or has been supplied by a third party and has

been treated confidential by that third party.—Give written notice to third party with in 5 days from receipt

of date of request.—Statuary that CPIO intends to disclose or party disclose

information.—Third party to make representation/ submission in WRITING/

ORALLY—Submission of third party to be considered while taking

decision by the CPIO.

CONSIDERATION BY CPIO :(THIRD PARTY SUBMISSION)

— TRDE secrets & commercial interests of third party are to be protected.

— Information allowed if public interest out weights interest of third party.

TIME LIMITS U/S 11 :

—Third party notice with in 5 days.

—Third party submission with in 10 days.

—CPIO to supply information/ or deny with in 40 days. If agrees

with third party.

IN CASE OF DISAGREEMENT BETWEEN CPIO/ THIRD PARTY :

1)CPIO will convey his decision to third party.

2)Third party has right to appeal u/s 19 to Appellate Authority &

CIC.

3)It is statutory requirement. PIO liable for action for violation.

COMPLAINTS TO COMMISSION :18(1) - citizen may complaint to commission if -

— Unable to submit a request to CPIO.

— CPIO not appointed.

— CPIO refused to accept applications/ appeal.

— Refused access to information.

— Not given response with in time limit.

— Asked to pay unreasonable fee.

— Given incomplete, misleading or false information.

COMPLAINTS TO COMMISSION :18(2) - commission finds reasonable ground to inquire into the

matter.

—If may initiate inquiry.POWERS OF COURT:

18(3) - commission will have powers of a Civil Court while trying a suit in respect of following matters -.

—Summoning the persons for evidence on oath.

—Requiring documents.

—Receiving evidence on affidavit.

—Summons for examination of witnesses or documents.

18(4) - no record to be withheld during inquiry by commission.