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  1. #9
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    Re: Information requested for records which are 12 years old


    Hi

    I find this very strange. Indexing suchvoluminous data is very difficult and time consuming. It is also not practicable. Is it not possible for the CIC to issue directives that government records should compulsorily be in electronic format except where it is not possible legally. Governments certainly cannot claim lack of resources. Also if they claim lack of technical expertise, the NIC or other similar agencies can always ben roped in.

    I think the primary purpose of RTI should beto bring transparency and eliminate corruption. RTI applications should not be made to inconvenience public authorities with r equests for voluminous information.

    Akanksha Chopra

    The newspapers have requested copies of huge records consisting of over 2.5 lakh pages. The PA had to make an index and supply the index to the requesters. Then requester had the option to ask for specific records, and challenge the ones that PA refused to disclose.



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  2. #10

    Re: Information requested for records which are 12 years old


    "I find this very strange. Indexing such voluminous data is very difficult and time consuming. It is also not practicable. "

    I think I need to clarify the meaning of "index", in this context. The court in USA have ordered the PA to make an "index", where the data is large and PA wants to release some, and refuse release of some of the data. The index in this case consists only of name or identification of different files, and brief description of their contents. This is not a comprehensive index of all words used in the files, or anything like what you see in an index of a well indexed textbook.

    Satish Gupta

  3. #11
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    Gautam Ghosh
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    Question Old Documents


    Dear Dr. Kushal Pathak,

    Can I ask/call for information to documents of 32 years old? Not of National importance.

    Need an urgent reply, HELP.

    Gautam Ghosh

  4. #12
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    wehelpngo
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    Re: Old Documents



    It depends on the information and organisation u seek from. Certain organisation are supposed to keep records for 10 years while other are supposed to keep for 2 or three years it change from department to department
    IF THERE IS NO HOPE WE WILL INVENT IT

  5. #13
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    C J Karira
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    Re: Old Documents


    Gautam,

    The Clause Sec 8(3) (the one referring to 20 years time bar) is only applicable in case the information is covered by Secs. 8(1)(a), 8(1)(c) and 8(1)(i). Otherwise, the bar of 20 years does not apply. It will also depend on the record retention schedule and the weeding out schedule followed by the Public Authority.

    http://cic.gov.in/CIC-Orders/Decision_26062006_5.pdf

    Further, the public authority has erred in interpreting Section 8(3) of the Act to
    state that since some of the information related to the period prior to 20 years, the same need not be furnished. Section 8(3) is part of Section 8, which deals with ‘exemption from disclosure of information”. Section 8(1) specifies classes of information which are exempt from disclosure. What Section 8(3) stipulates is that, the exemption u/s 8(1) cannot be applied if the information sought related to a period prior to 20 years except those covered in Section clauses (a), (c) and (i) of sub-section 8(1). In other words, even if the information sought is exempt in terms of other subclauses of sub-section (1) of Section 8, and if the same relates to a period 20 years prior to the date of application, then the same shall be provided. In the present case, since part of the information sought, even though related to a period prior to 20 years, relate to notifications, DGS&D is bound to furnish the same, if the same is available with it.

  6. #14
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    RTI for cases more than 20 years old


    Hello Everyone,

    My query is regarding a land record case which is more than 20 years old.

    Is the RTI Act applicable for accessing records of cases more than 20 years old?..It seems that the municipality has rejected the RTI request when asked for a land related record which was more than 20 years old saying that they are not bound to give any details for any record more than 20 years old..The appeal was filed twice and on both the occasions, we got the same reply..

    Is there any circular of the Government which explicitly mentions that cases more than 20 years old are not under the purview of the RTI Act?..

    Thanking everyone in advance for their replies..

  7. #15
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    J Singh
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    Re: RTI for cases more than 20 years old


    No sir. Contrary to prevailing wrong belief, the section 8(3) actually favours the applicant. Information older than 20 years is not exempted from disclosure. However, if such information has been destroyed, then the PIO need not provide it.

    Please see the following decisions:
    http://cic.gov.in/CIC-Orders/Decision_23032006.pdf
    Appeal CIC/AT/A/2006/20
    Dated the 23rd March, 2006

    7. The PIO was not right in rejecting the request for an information on ground that it
    was over 20 years old. The stipulation in Section 8(3) “….any information relating to
    any occurrence, event or matter which has taken place, occurred or happened twenty
    years before the date on which any request is made under Section 6 shall be provided
    to any person ……”. does not imply that information older than 20 years need not be
    disclosed by a public authority. In fact the contrary is true. It is a provision that favours
    the information seeker. In the present case, however, this is a moot point in so far as the
    information has been authorisedly destroyed after following the appropriate rules. Such
    information need not be supplied because it cannot be.
    http://cic.gov.in/CIC-Orders/Decision_17082007_08.pdf
    Appeal No. CIC/WB/A/2006/00856 dated 24-11-2006

    DECISION NOTICE:
    Section 8 (3) of the RTI Act is unambiguous and reads as follows:
    “Subject to the provisions of clauses (a), (c) and (i) of sub-section
    (1), any information relating to any occurrence, event or matter
    which has taken place, occurred or happened twenty years before
    the date on which any request is made under section 6 shall be
    provided to any person making a request under that section1”
    Under the circumstances all the information withheld as being more
    than 20 years old and if held by the office of DC, GNCTD will now be made
    available as requested to the appellant within 20 working days of the date
    of issue of this decision notice. If for copies of the documents sought are not
    held by this public authority, i.e. the Office of Development Commissioner, the
    relevant request will be transferred to the concerned Public authority u/s 6 (3)
    within 5 days of the date of issue of this decision notice, and the authority to
    whom transferred will dispose of it under the provisions of Sec 7 of the RTI Act,
    2005, and if for some reason information cannot be provided reasons for the
    same will have to be given to the appellant.
    Thus if the requested information is still held by the PA and not been destroyed, then it can not be denied to the applicant.
    Regards
    J. Singh

  8. #16
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    Re: RTI for cases more than 20 years old


    Have U filed first and second appealsas per state rules or just made appeals to PIO? If First and/or second appeals are yet not filed, pl proceed further and quote what Shri J. Singh has rightly explained. In case if first/second appeals are exhausted by you, U may be required to file writ in High Court which would be costly and time consuming. I would suggest that U wait for a month or so and then ask for the same details through your relative who is legally interested in the land. as heir/co-owner etc. In the new appln quote the above decisions and section.
    It takes each of us to make difference for all of us.

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