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When
does it come into force? |
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Who
is covered? |
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What
does information mean? |
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What
does Right to Information mean? |
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What are the obligations of public authority? |
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What does a "public authority" mean? |
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Who are Public Information Officers (PIOs)? |
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What are the duties of a PIO? |
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What is not open to disclosure? |
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Is partial disclosure allowed? |
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Who is excluded? |
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What is the Application Procedure for requesting information? |
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What is the time limit to get the information? |
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What is the fee? |
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What could be the ground for rejection? |
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How is the State Information Commission constituted? |
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What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners? |
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What are the powers and functions of Information Commissions? |
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What is the reporting procedure? |
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What is the role of Central/State Governments? |
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Who has the Rule making power? |
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Who has the power to deal with the difficulties while implementing this act? |
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1. |
When does it come into force? |
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It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).
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2. |
Who
is covered? |
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The Act extends to the whole of India
except the State of Jammu and Kashmir. [S.(12)] |
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3. |
What does information
mean? |
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Information means any material in any
form including records, documents, memos, e-mails,
opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers,
samples, models, data material held in any
electronic form and information relating to any
private body which can be accessed by a public
authority under any other law for the time being in
force but does not include "file notings" [S.2(f)]. |
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4. |
What does Right to
Information mean? |
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It includes the right to -
- inspect works, documents, records.
- take notes, extracts or certified copies of
documents or records.
- take certified samples of material.
- obtain information in form of printouts, diskettes,
floppies, tapes, video cassettes or in any other
electronic mode or through printouts.[S.2(j)]
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5. |
What are the
obligations of public authority? |
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It
shall publish within one hundred and twenty days of the enactment:-
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the particulars of its organization, functions and duties;
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the powers and duties of its officers and employees;
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the procedure followed in its decision making process, including
channels of supervision and accountability;
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the norms set by it for the discharge of its functions;
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the rules, regulations, instructions, manuals and records used by
its employees for discharging its functions;
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a
statement of the categories of the documents held by it or under its
control;
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the particulars of any arrangement that exists for consultation
with, or representation by the members of the public, in relation to
the formulation of policy or implementation thereof;
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a
statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted by it. Additionally,
information as to whether the meetings of these are open to the
public, or the minutes' of such meetings are accessible to the
public;
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a
directory of its officers and employees;
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the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
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the budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports on
disbursements made;
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the manner of execution of subsidy programmes, including the amounts
allocated and the details and beneficiaries of such programmes;
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particulars of recipients of concessions, permits or authorizations
granted by it;
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details of the information available to, or held by it, reduced in
an electronic form;
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the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading
room, if maintained for public use;
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the names, designations and other particulars of the Public
Information Officers.[S.4(1)(b)]
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6. |
What does a "public
authority" mean? |
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It
means any authority or body or institution of self-government
established or constituted: [S.2(h)]
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by or under the
Constitution;
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by any other law
made by Parliament;
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by any other law
made by State Legislature;
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by notification
issued or order made by the appropriate Government.and includes any-
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body owned,
controlled or substantially financed
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non-Government
organization substantially financed directly or indirectly by the
appropriate Government.
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7. |
Who are Public
Information Officers (PIOs)? |
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PIOs are officers
designated by the public authorities in all administrative units or
offices under it to provide information to the citizens requesting for
information under the Act. Any officer, whose assistance has been sought
by the PIO for the proper discharge of his or her duties, shall render
all assistance and for the purpose of contraventions of the provisions
of this Act, such other officer shall be treated as a PIO. |
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8. |
What are the duties
of a PIO? |
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- PIO shall
deal with requests from persons seeking information and where the
request cannot be made in writing, to render reasonable assistance
to the person to reduce the same in writing.
- If the
information requested for is held by or its subject matter is
closely connected with the function of another public authority, the
PIO shall transfer, within 5 days, the request to that other public
authority and inform the applicant immediately.
- PIO may seek
the assistance of any other officer for the proper discharge of
his/her duties.
- PIO, on
receipt of a request, shall as expeditiously as possible, and in any
case within 30 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 S.8 or S.9.
- Where the
information requested for concerns the life or liberty of a person,
the same shall be provided within forty-eight hours of the receipt
of the request.
- If the PIO
fails to give decision on the request within the period specified,
he shall be deemed to have refused the request.
- Where a
request has been rejected, the PIO shall communicate to the
requester - (i) the reasons for such rejection, (ii) the period
within which an appeal against such rejection may be preferred, and
(iii) the particulars of the Appellate Authority.
- PIO shall
provide information 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.
- If allowing
partial access, the PIO shall give a notice to the applicant,
informing:
- that only part of
the record requested, after severance of the record containing
information which is exempt from disclosure, is being provided;
- the reasons for
the decision, including any findings on any material question of
fact, referring to the material on which those findings were based;
- the name and
designation of the person giving the decision;
- the details of
the fees calculated by him or her and the amount of fee which the
applicant is required to deposit; and
- his or her rights
with respect to review of the decision regarding non-disclosure of
part of the information, the amount of fee charged or the form of
access provided.
- If information
sought has been supplied by third party or is treated as
confidential by that third party, the PIO shall give a written
notice to the third party within 5 days from the receipt of the
request and take its representation into consideration.
- Third party must
be given a chance to make a representation before the PIO within 10
days from the date of receipt of such notice
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9. |
What is not open to
disclosure? |
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The following is
exempt from disclosure [S.8)]
- 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 offence
- 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;
- 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.
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10. |
Is partial disclosure
allowed? |
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Only that part of the
record which does not contain any information which is exempt from
disclosure and which can reasonably be severed from any part that
contains exempt information, may be provided. [S.10] |
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11. |
Who is excluded? |
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Central Intelligence
and Security agencies specified in the Second Schedule like IB, R&AW,
Directorate of Revenue Intelligence, Central Economic Intelligence
Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation
Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG,
Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and
Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special
Branch, Lakshadweep Police. Agencies specified by the State Governments
through a Notification will also be excluded. The exclusion, however, is
not absolute and these organizations have an obligation to provide
information pertaining to allegations of corruption and human rights
violations. Further, information relating to allegations of human rights
valuations could be given but only with the approval of the Central or
State Information Commission, as the case may be. [S.24)] |
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12. |
What
is the Application Procedure for requesting information? |
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- Apply in writing or through
electronic means in English or Hindi or in the official language of
the area, to the PIO, specifying the particulars of the information
sought for.
- Reason for seeking information are
not required to be given;
- Pay fees as may be prescribed (if
not belonging to the below poverty line category).
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13. |
What
is the time limit to get the information? |
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- 30 days from the
date of application
- 48 hours for
information concerning the life and liberty of a person
- 5 days shall be
added to the above response time, in case the application for
information is given to Assistant Public Information Officer.
- If the interests
of a third party are involved then time limit will be 40 days
(maximum period + time given to the party to make representation).
- Failure to provide
information within the specified period is a deemed refusal.
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14. |
What
is the fee? |
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- Application fees
to be prescribed which must be reasonable.
- If further fees
are required, then the same must be intimated in writing with
calculation details of how the figure was arrived at;
- Applicant can seek
review of the decision on fees charged by the PIO by applying to the
appropriate Appellate Authority;
- No fees will be
charged from people living below the poverty line
- Applicant must be provided
information free of cost if the PIO fails to comply with the
prescribed time limit.
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15. |
What
could be the ground for rejection? |
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- If it is covered by exemption from
disclosure. (S.8)
- If it infringes copyright of any
person other than the State. (S.9)
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16. |
How is the State Information Commission constituted? |
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- The
State Information Commission will be constituted by the
State Government through a Gazette notification. It will
have one State Chief Information Commissioner (SCIC) and not
more than 10 State Information Commissioners (SIC) to be
appointed by the Governor.
- Oath
of office will be administered by the Governor according to
the form set out in the First Schedule.
- The
headquarters of the State Information Commission shall be at
such place as the State Government may specify. Other
offices may be established in other parts of the State with
the approval of the State Government.
- The
Commission will exercise its powers without being subjected
to any other authority.
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17. |
What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners? |
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The
Appointments Committee will be headed by the Chief Minister.
Other members include the Leader of the Opposition in the
Legislative Assembly and one Cabinet Minister nominated by the
Chief Minister.
The
qualifications for appointment as SCIC/SIC shall be the same as
that for Central Commissioners.
The salary
of the State Chief Information Commissioner will be the same as
that of an Election Commissioner. The salary of the State
Information Commissioner will be the same as that of the Chief
Secretary of the State Government. (S.15) |
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18. |
What are the powers and functions of Information Commissions? |
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- The
Central Information Commission/State Information Commission
has a duty to receive complaints from any person -
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who has not been able to submit an information
request because a PIO has not been appointed ; |
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b) |
who has been refused information that was
requested; |
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c) |
who has received no response to his/her
information request within the specified time
limits ; |
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d) |
who thinks the fees charged are unreasonable ; |
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e) |
who thinks information given is incomplete or
false or misleading ;and |
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f) |
any other matter relating to obtaining
information under this law. |
- Power
to order inquiry if there are reasonable grounds.
- CIC/SCIC
will have powers of Civil Court such as -
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a) |
summoning and enforcing attendance of persons,
compelling them to give oral or written evidence
on oath and to produce documents or things; |
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b) |
requiring the discovery and inspection of
documents; |
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c) |
receiving evidence on affidavit ; |
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d) |
requisitioning public records or copies from
any court or office |
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e) |
issuing summons for examination of witnesses or
documents |
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f) |
any other matter which may be prescribed. |
- All
records covered by this law (including those covered by
exemptions) must be given to CIC/SCIC during inquiry for
examination.
- Power
to secure compliance of its decisions from the Public
Authority includes-
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providing access to information in a particular
form; |
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b) |
directing the public authority to appoint a PIO/APIO
where none exists; |
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c) |
publishing information or categories of
information; |
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d) |
making necessary changes to the practices
relating to management, maintenance and
destruction of records ; |
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e) |
enhancing training provision for officials on
RTI; |
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f) |
seeking an annual report from the public
authority on compliance with this law; |
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g) |
require it to compensate for any loss or other
detriment suffered by the applicant ; |
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impose penalties under this law; or |
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reject the application. (S.18 and S.19) |
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19. |
What is the reporting procedure? |
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- Central Information Commission will send an annual report to
the Central Government on the implementation of the
provisions of this law at the end of the year. The State
Information Commission will send a report to the State
Government .
- Each
Ministry has a duty to compile reports from its Public
Authorities and send them to the Central Information
Commission or State Information Commission, as the case may
be.
- Each
report will contain details of number of requests received
by each Public Authority, number of rejections and appeals,
particulars of any disciplinary action taken, amount of fees
and charges collected etc.
- Central Government will table the Central Information
Commission report before Parliament after the end of each
year. The concerned State Government will table the report
of the State Information Commission before the Vidhan Sabha
(and the Vidhan Parishad wherever applicable). (S.25)
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20. |
What is the role of Central/State Governments? |
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- Develop educational programmes for the public especially
disadvantaged communities on RTI.
- Encourage Public Authorities to participate in the
development and organization of such programmes.
- Promote timely dissemination of accurate information to the
public.
- Train
officers and develop training materials.
- Compile and disseminate a User Guide for the public in the
respective official language.
- Publish names, designation postal addresses and contact
details of PIOs and other information such as notices
regarding fees to be paid, remedies available in law if
request is rejected etc. (S.26)
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21. |
Who has the Rule making power? |
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Central Government,
State Governments and the Competent Authority as defined in S.2(e) are
vested with powers to make rules to carry out the provisions of the
Right to Information Act, 2005. (S.27 & S.28) |
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22. |
Who has the power to deal with the difficulties while implementing this act? |
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If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30) |
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This link have been taken from the 'http://righttoinformation.gov.in' and are not the commissions view. |
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