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  1. #1
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    parveen kumar
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    Default Record is not available


    At times, we get reply from PIO or even from the Appellant authority that the information can't be given as the record is not available. At times, an RTI applicant is unable to "digest" that information pertaining to such a basic issue which has been asked through RTI does not exist. I shall try to explain it with the help of an example.

    Suppose for a post, the public authority receives 500 applications. And on one fine day, if an applicant asks for some information, say about the qualification of the applicants. It can be ---how many candidates are Matriculates, how many Graduates or post-graduates.

    Now the issue is that the information sought is availbale with the public authority. Even then if the PIO says that nothing is availbale on record, is it okay? What I am interested in knowing that is the department duty bound as far as RTI is concerned, that somebody in the office sit with the applications just to find out how many are matriculates, graduates and so on. Or, they are free to just say the record is not available. Or if they say that no such record is being maintained, is it permissible under the RTI Act. I am bit confused about this provision.

    Kindly enlighten me about this issue.



  2. #2
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    C J Karira
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    Default Re: Record is not available


    "information" is defined in Sec 2(f) of the RTI Act.
    "record" is defined in Sec 2(i) of the RTI Act.
    "Right to information" is defined in Sec 2(j) of the RTI Act.
    (Please read the RTI Act available at: act.rtiindia.info)

    If your application asks for "information" or "record" or you want to exercise your "Right to information", then the PIO can reply by doing one of the following:

    1. Give you the information
    2. Deny it under any sub section of section 8 or 9
    3. Severe some part of the information and provide you the balance after following due procedure in Sec 10(2)
    4. Get third party consent by following the procedure prescribed in Sec 11.

    If he says xxxxxx, please follow the following steps:

    1. Record not available: If you know records are indeed available (like in your example) and it has to be just compiled, then file first appeal. Compiling is allowed under the RTI act. Creating information is not possible.
    2. Record destroyed: Ask for the record retention schedule of the department as well as the record destruction certificate.
    3. Record lost or not found or missing, follow steps indicated here: http://www.rtiindia.org/forum/blogs/...e-records.html
    @cjkarira

  3. #3
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    Name:
    parveen kumar
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    Default Re: Record is not available


    Record not available: If you know records are indeed available (like in your example) and it has to be just compiled, then file first appeal. Compiling is allowed under the RTI act. Creating information is not possible.
    As always i am quite impressed with the replies given by Karira which provide a real insight of the issue. However, kindly give some reference in the RTI Act whereby it is concluded that compiling is allowed under the RTI Act.

  4. #4
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    C J Karira
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    Default Re: Record is not available



    Quote Originally Posted by parveensudarshan View Post
    However, kindly give some reference in the RTI Act whereby it is concluded that compiling is allowed under the RTI Act.
    Please read:

    http://www.rtiindia.org/forum/39329-...resources.html
    @cjkarira



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