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If the retention period of the required document has expired, can they be provided under RTI?

27 May, 2022

Sir,

I have applied for some documents from the Government Authority. The CPIO and First Appellate authority has informed that the retention period (i.e. 3 years) of the required document has expired. Therefore the same cannot be provided under RTI Act.
Though, the retention period of the document has expired but the said document/ record exists till now and has not been weeded out and is under the custody of said Government authority. Please help me by guiding me to the provision/ rule by which I can get the required information.

Regards

Ravi Prakash

If the documents exist and have not been weeded out, the same have to be provided. There is no explicit provision for it but it is implicit in the definition of information under the RTI Act that any record held by the public authority is to be provided unless it is exempt under section 8 or 9.

EDITOR

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