TIME LIMIT FOR RTI-2005 APPLICTION

Various time limit has been prescribed under which the information can be obtained under Right to Information Act-2005. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.

For matters involving "Life and Liberty", the time limit for the PIO to provide information is 48 Hours.

For PIO to reply to application	30 days from date of receipt of application
For PIO to transfer to another PA under Sec 6(3)	5 days from date of receipt of application
For PIO to issue notice to 3rd Party	5 days from date of receipt of application
For 3rd Party to make a representation to PIO	10 days from receipt of notice from PIO
For PIO to reply to application if 3rdParty involved	40 days from date of receipt of application
For applicant to make First Appeal	30 days from date of receipt of PIO’s reply or from date when reply was to be received
For First Appellate Authority to pass an order	30 days from receipt of First Appeal OR Maximum 45 days, if reasons for delay are given in writing
For applicant to make Second Appeal before CIC/SIC	90 days from receipt of First Appeal orders or from the date when orders were to be received
For CIC/SIC to decide Second Appeal	No time limit specified

SOME CLARIFICATIONS

If the request has been made to the PIO, the reply is to be given within 30 days of receipt.

If the request has been made to an APIO, the reply is to be given within 35 days of receipt.

If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferred authority.

Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission.

INFORMATION CAN NOT BE DISCLOSE WITH ANY ONE IN THE FOLLOWING REASON

Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, "strategic, scientific or economic" interests of the State, relation with foreign State or lead to incitement of an offense;

• Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
• Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
• Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
• Information received in confidence from foreign Government;
• Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
• Information which would impede the process of investigation or apprehension or prosecution of offenders;
• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
• Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
• Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or commercial secrets protected by law" under this clause when read along with 8(1)(d))