As per the provision contained under s/ PIO/Appellate officer is supposed to provide the info within 30 days while in case of third party information as per s/ 11(3) within 40 days including the opportunity to the third party being heard.
Under section 19 (3) third party may prefer an appeal within 30 days to the appellate officer & within 90 days to the H/ commission
if read all the provisions simultaneously in the case either pio has rejected the objection or reservation of third party against disclosure obviously in that case PIO or appellate will provide the information within stipulated period of 40 days, thus on hearing third party within 30 days. in this case if third party prefers an appeal even though meanwhile PIO MIGHT HAVE PROVIDED THE INFO TO THE APPLICANT. SAME IS THE CASE WITH APPELLATE OBVIOUSLY WITHIN 30 DAYS APPELLATE MIGHT HAVE PROVIDED THE INFO TO THE APPLICANT. Under the circumstances if third party goes in to appeal info might have already been received by the applicant BECAUSE THER IS NO PROVISION OFINTERIM STAY OR TO WAIT FOR 30 DAYS OR 90 DAYS APPELLATE PERIOD GIVEN TO THIRD PARTY BEFORE GIVING INFO TO THE APPLICANT WHERE THIRD PART IS INVOLVED
Sir is this not contradictory provision? also when info is already disclosed it becomes worthless to make appeal for third part as once disclosed info can't be turn back. & in case third party may be quite right there will no repair or remedy.
Is there any clarification or amendment by way of notification of Central government under section 30 of the right to information act to remove the difficulty?
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in
10 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—
writing the notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
(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:
30. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
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