Section 19 of RTI Act : Section 19: Appeal

The Right to Information Act, 2005

Bare Act

  • CHAPTER V: POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES

(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: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. (3) A second appeal against the decision under sub - section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (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. (7) The decision of the Central Informa...

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Simplified Act

(1) If you don't get a response to your information request within the set time, or if you're unhappy with the response from the information officer, you can appeal to a higher-ranking officer within 30 days. If you're late in appealing, your appeal can still be heard if there's a good reason for the delay. (2) If your request involves someone else's information and the information officer decides to share it, that person (the third party) has 30 days from the decision to appeal. (3) You have 90 days to file a second appeal to the Inf...

Explanation using Example

Imagine that Mr. Sharma filed a request under the Right to Information Act to the State Public Information Officer (SPIO) seeking details about the development work in his locality funded by the government. The SPIO replied but denied some information citing confidentiality. Mr. Sharma believes that the information denied is not confidential and should be ...

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