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explanations:missing-files-under-rti
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explanations:missing-files-under-rti [2023/04/15 10:58] – Shrawanexplanations:missing-files-under-rti [2026/04/20 01:14] (current) – external edit 127.0.0.1
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 ====== Missing Files under RTI Act ====== ====== Missing Files under RTI Act ======
  
 +{{htmlmetatags>metatag-keywords=(explanations missing files under rti rti right to information india)
 +metatag-description=(Unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public...)}}
  
-**Unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority.**+ 
 +<WRAP center round info 95%> 
 +**In one line.** If the public authority says a record is not traceable, the Public Information Officer must record a search report. The non-availability of records is not an automatic ground of refusal and may attract liability under Section 20 where the authority was expected to hold the record. 
 + 
 +**What that means in practice.** 
 +  * Ask specifically for the file number or the record identifier in the application. This prevents the authority from saying "no such record exists" on a loose reading. 
 +  * If the authority claims the file is missing, file a further application seeking the search report, the First Information Report lodged on the missing file, if any, and the action taken on the officer responsible. 
 +  * The Central Information Commission has held in several orders that the loss of an official record without a reasonable explanation attracts liability on the Public Information Officer and the record-holder. 
 +  * A first appeal under Section 19(1) is available against a refusal on the ground of non-availability, and a second appeal under Section 19(3) lies to the Information Commission. 
 +</WRAP> 
 + 
 + 
 + 
 +**Unless proved that record was destroyed as per the [[explanations:prescribed|prescribed]] rules of destruction/ retention policy, it is deemed that record continues to be held by [[explanations:public-authority|public authority]].**
  
  
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 The public authority has a duty to designate “**Public Records Officer**” as per Public Records Act 1993. This Act is made to regulate the management, administration and preservation of public records of the Central Government, Union Territory Administrations, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the Central Government or a Union Territory Administration and matters connected therewith or incidental thereto. The public authority has a duty to designate “**Public Records Officer**” as per Public Records Act 1993. This Act is made to regulate the management, administration and preservation of public records of the Central Government, Union Territory Administrations, public sector undertakings, statutory bodies and corporations, commissions and committees constituted by the Central Government or a Union Territory Administration and matters connected therewith or incidental thereto.
  
-The definition of “Public Records” U/S 2(e) of Public Records Act, 1993 (PRA 1993) is almost identical with the definition of Records under the RTI Act 2005. These Records can be sought under the RTI Act, 2005 as “Information” through RTI Application.+The definition of “Public Records” U/S 2(e) of Public Records Act, 1993 (PRA 1993) is almost identical with the definition of Records under the RTI Act 2005. These Records can be sought under the RTI Act, 2005 as “[[explanations:information|Information]]” through RTI Application.
  
 S 5 (1) Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act. S 5 (1) Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act.
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 {{indexmenu>:explanations#1}} {{indexmenu>:explanations#1}}
 [<>] [<>]
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 +<WRAP center round help 95%>
 +**New to RTI? File your first application in ten minutes.** See [[:file-rti-online-india|How to File RTI Online in India — 2026 Step-by-Step Guide]] with a ready-to-use English and Hindi template, the Rs 10 online fee flow, and the appeal path.
 +</WRAP>
 +
 +===== Related =====
 +
 +  * [[explanations:investigation-under-rti|Investigation/Inquiry reports under RTI]].
 +  * [[explanations:vicarious-liability|Vicarious Liability]].
 +  * [[explanations:composite-petition|Composite Petition under RTI Act]].
 +  * [[explanations:privacy-public-servants|Privacy Rights of Public Servants]].
 +  * [[explanations:substantially-financed|Substantially Financed]].
 +
 +{{tag>rti explanations}}
  
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explanations/missing-files-under-rti.txt · Last modified: by 127.0.0.1