Time limitations- Calender days or Working days?

[Sajib Nandi]

Section 7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.

Section 19. (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority.

Section 19. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

What all such Time Limits in the RTI Act 2005 mean? Calender days or Working days (Calender days minus holidays for the PA)?

Please enlighten.

[sunaabhsarkar]

Normally, this would mean working days, but I've seen Commissioners admitting pleas based on callender days.. this prolly due to the fact that by the time the complaint/ appeal is heard by the IC its already over the 30 working days period.

[ambrish.p]

Dear Sajib

RTI Act does not differentiate anywhere between working days and non-working days. Please see: Time limits specified in the RTI Act - RTI Guide

regards

[karira]

It is calendar days.......RTI Act does not take a holiday !!

[Sajib Nandi]

Thanks everybody.

I thought there might be some clarifications from the CIC/SICs or Hon'ble Courts.

Regards.

[karira]

I thought there might be some clarifications from the CIC/SICs or Hon'ble Courts.

Adjunct to Appeal No. CIC/WB/A/2007/00274 dated 10-3-2007
Appellant: Shri I.J. Bhalla.
Respondent: Municipal Corporation of Delhi (MCD) Ex. Engineer (Bldg.)

On the other hand we have not found any warranted justification for this delay, for section 7 (1) itself allows only for 30 days for responding to an application under the RTI Act from the date of receipt to the date of dispatch of the information. It does not allow for 30 working days. Under the circumstances the penalty is confirmed.

[Sajib Nandi]

Thanks karira.

Read the Decision, exactly what I needed.

Regards.