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


    If an applicant request some record which are quite old (say 10 - 12 years) and voluminous in nature running into tonnes of pages.
    Further, as per the law all information cannot be provided only some information culled out from those records can be provided.

    What option CPIO has got?

    It will involve huge amount of effort and wastage of man power.


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    It depends upon many factors:
    1. If the record in question preservation period is over, the information cannot be provided.
    2. Secondly as Section 7 (9) of RTI act states:
      An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
      The CPIO has to apply this section while deciding about the exemption for information.
    The related recision can be downloaded from here:
    http://www.rtiindia.org/forum/attach...28112006_6.pdf

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    What are the preservation period of the records. I have read the public record act too but no specific timing found.

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    I think Maneesh the preservation period is department specific. For example for Post Office the preservation period of registered list is 18 months, and is notified in the Post Office Preservation of Record gazettee.

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    Even within the same department, time period for preservation of records vary, depending on their nature and importance.

    For example, in banking industry, records like account opening forms have to be preserved for ever, while the cheques and remittance challans are destroyed after a period of 10 or 15 years.

    Likewise, various departments are having their own regulations and rules regarding the maintenance an preservation of various types of records.

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    Re: Information requested for records which are 12 years old


    The defenition of "right to information " given in Section 2(j) is note-worthy. The Architect of the Act has used the word " which is held " . This means that irrespective of the orders on their destruction if the information sought for is " held" and is proved as "held" I don't think that anyone can escape from providing it. Of cource subject to all other conditions as per the Act.
    Last edited by colnrkurup; 03-09-07 at 02:20 PM.

  7. #7

    Re: Information requested for records which are 12 years old


    I would just like to provide information as to how such a case in handled in USA. First of all, the PA has no obligation to provide any answer to any questions, only copies of existing records. If the records are huge and some of the records are not to be disclosed under FOIA (similar to RTI in India), then PA has to make an index of the records and give an explanation as to which parts are not to be disclosed, and for what reason.

    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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    Re: Information requested for records which are 12 years old


    Quote Originally Posted by Satish Gupta View Post
    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.
    That Sound really interesting. It looks like inspection of record and then deciding upon which one to disclose. This could be one of the suggestion in our RTI implementation too.

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