16
THE GAZETTER OF INDIA EXTRAORDINARY
[PART II—
(3) The Central Information Commission or State Information Commission, as the
case may be, shall, while inquiring into any matter under this section, have the same
powers as are vested in a civil court while trying a suit under the Code of Civil Procedure,
1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel them to give
oral or written evidence on oath and to produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State
Legislature, as the case may be, the Central Information Commission or the State
Information Commission, as the case may be, may, during the inquiry of any complaint
under this Act, examine any record to which this Act applies which is under the control of
the public authority, and no such record may be withheld from it on any grounds.
Appeal
19. (1) Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the
Central Public Information Officer or State Public Information Officer, as the case may be,
may within thirty days from the expiry of such period or from the receipt of such a decision
prefer an appeal to such officer who is senior in rank to the Central Public Information
Officer or State Public Information Officer as the case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty
days if he or she is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public
Information Officer or a State Public Information Officer, as the case may be, under section
11 to disclose third party information, the appeal by the concerned third party shall be
made within thirty days from the date of the order.
(3) A second appeal against the decision under sub-section (1) shall lie within ninety
days from the date on which the decision should have been made or was actually received,
with the Central Information Commission or the State Information Commission:
Provided that the Central Information Commission or the State Information
Commission, as the case may be, may admit the appeal after the expiry of the period of
ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public
Information Officer, as the case may be, against which an appeal is preferred relates to
information of a third party, the Central Information Commission or State Information
Commission, as the case may be, shall give a reasonable opportunity of being heard to that
third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request was
justified shall be on the Central Public Information Officer or State Public Information
Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within
thirty days of the receipt of the appeal or within such extended period not exceeding a total
of forty-five days from the date of filing thereof, as the case may be, for reasons to be
5 of 1908
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