9.5 SUPPLY OF PART INFORMATION: RULE OF SEVERABILITY

Section 10 stated as:

(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, then notwithstanding anything contained in this Act, access may be given to that part of the record which does not obtain any information that is exempted from disclosure under this Act and which can reasonably be severed from any part that contains exempted information.
(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be shall give a notice to the applicant, informing, -
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(e) 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, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access. It is noteworthy to mention here that, the sub section (1) of section 19 stated, if any applicant who does not receive a decision within the time specified under the Act, or is aggrieved by the decision of the public information officer, may within 30 days from the receipt of such decision prefer an appeal to senior officer in the public authority.

Supply of Part Information Section 8 (1) (I) of the RTI Act
Section 8 of the said act enumerate the provisions of exemption from disclosure of information. Section 8(1)(i) says that cabinet papers including records of deliberations of the council of ministers, secretaries and other officers, are exempted from the disclosure. But according to the provision of this sub section:
“Provided that the decision of the Council of Ministers, the reason thereof, and the material on the basis of which the decision was taken shall be made public after the decision has been taken, and the matter is complete, or over.”
In other words, we can say that, under the above provision the severability or separability of information is time bounded. After the decision has been taken or the matter is over, that part of information (or material that are not exempted under the act) can be made public.

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