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1 month ago

How much time does CIC take to dispose off second appeal under RTI Act

Anik

Responded 1 month ago

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A.Dear Client,

Under Section 19(3) of the RTI Act, 2005, a second appeal against the decision made by the First Appellate Authority (FAA) under Section 19(1) must be filed within 90 days from the anticipated or received decision date. Section 19(6) mandates that appeals under Section 19(1) should be resolved within 30 days of receipt, extendable up to 45 days with written reasons. However, there's no specified time limit for addressing second appeals filed before the Central Information Commission (CIC) or State Information Commission (SIC) under Section 19(3). According to Section 19(7), the decision of the CIC or SIC is binding.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Under Section 19 (3) of the RTI Act, 2005, a second appeal against the decision passed under sub-section (1) of Section- 19 by the First Appellate Authority(FAA) shall be filed within 90 (Ninety) days from the date on which the decision should have been made or was received, with the Central Information Commission or the State Information Commission. According to Section 19 (6) of the Act, an appeal under Section 19 (1) shall be disposed of within 30 (thirty) days of the receipt of the appeal or within such extended period not exceeding a total of 45 (forty-five) days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. There is no time limit for disposal of a second appeal filed before the CIC or SIC under Sec.19(3) of the Act. As per Section 19 (7) the decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
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