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| RTI Act-2005 INDEX | Notification | Forms | Home | |
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How third party information is to be provided.
(1)
“Third party” means a person
other than the citizen making a request for information and
includes a public authority. [Section-2(n)] (2)
A third party information means an information which relates to or
has been supplied by
a third party and has been
treated as confidential by that third party.[Section-11(1)] (3)
When request is made for supply of any
third party information, or record the State Public Information
Officer shall, within 5(five)
days from the date of receipt of the request,
give a written notice of the request to the third party concerned
intimating him that the
State Public Information Officer intends to disclose the information or
record or part thereof and invite the third party
to make a representation in
writing or orally whether the
information or record should be disclosed or not
and the representation of the third party shall be
kept in view while taking a decision about the disclosure of the
information. Provided
that except
in the case of trade and commercial secrets protected by law, disclosure may be allowed,
if the public interest in disclosure out-weights in importance any
possible harm and injury to the interests of such third party. [Section
–11(1)]
(4)
When a third party receives a notice, he may within 10 days from
the date receipt of the notice, may make a representation against the
proposed disclosure.[Section-11(2)] (5)
The State Public Information Officer shall, within 40 days of the
receipt of the request for
disclosure of the any third
party information, take a
decision whether the
information, record or part thereof would
be disclosed or not and give
in writing a notice of
his decision to the third
party concerned.[Section-11 (3] (6)
A notice given to a
third party regarding
disclosure of an information shall
include a statement that the
third party has a right
to prefer an appeal against the decision
to the Appellate Authority. [Section 11(4)]
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These instructions prepared in consultation with the Law Department of the State Government & issued on Public Interest by Commissioner and Secretary to the Government of Tripura, General Administration (AR) Department. |