act:section-11
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| + | metatag-description=(Section 11 of the RTI Act — third-party information procedure. 5-day PIO notice, 10-day objection, 40-day decision, third-party appeal rights. Full reference, 2026.)}} | ||
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| + | ====== Section 11 — Third-Party Information ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line:** When the requested record has been supplied by a third party and treated as confidential, | ||
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| + | ===== The Section 11 procedure ===== | ||
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| + | - **Day 1**: RTI received. | ||
| + | - **Day 5**: PIO gives written notice to the third party under 11(1) — attaching the request and inviting objections. | ||
| + | - **Day 15**: Third party has 10 days to submit written objections. | ||
| + | - **Day 40**: PIO decides after considering objections. Must be a reasoned order under Section 7(8). | ||
| + | - **Day 40 + 30**: Third party can file first appeal under Section 19(2) if decision adverse to them. | ||
| + | |||
| + | ===== Who is a "third party"? | ||
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| + | Section 2(n) — a person **other than** the applicant and the public authority. Typically: | ||
| + | * A tenderer whose bid documents were submitted | ||
| + | * A petitioner who filed a complaint now asked under RTI | ||
| + | * A contractor whose contract terms are requested | ||
| + | * An individual named in a personnel file (rarely triggers — 8(1)(j) more common) | ||
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| + | ===== Public interest override (Section 11(1) proviso) ===== | ||
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| + | Crucial: the third party' | ||
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| + | So the PIO weighs: | ||
| + | * **Public interest in disclosure** — e.g. accountability for public money | ||
| + | * versus **Harm to the third party** — e.g. competitive disadvantage, | ||
| + | |||
| + | ===== Landmark rulings ===== | ||
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| + | * **//Bihar Public Service Commission v. Saiyed Hussain Abbas Rizvi//, (2012) 13 SCC 61** — the Section 11 proviso requires a clear balancing exercise by the PIO, with reasoned findings on both sides. | ||
| + | * **//Arvind Kejriwal v. CPIO//, Delhi HC (2010)** — third-party objection alone does not defeat disclosure if public interest is made out. | ||
| + | * **CIC in //Subhash Agarwal v. ITBP//** — Section 11 is not a veto; it is a procedural safeguard. | ||
| + | |||
| + | ===== Common PIO / third-party moves ===== | ||
| + | |||
| + | ^ Move ^ Counter | ||
| + | | "Third party has objected. We cannot disclose." | ||
| + | | "Your request involves 50 third parties; we cannot process." | ||
| + | | PIO does not issue 11(1) notice | ||
| + | | Third party' | ||
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| + | ===== Drafting for third-party matters ===== | ||
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| + | If your RTI necessarily involves a third party, anticipate in the body: | ||
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| + | < | ||
| + | If the above information involves a third party under | ||
| + | Section 11, kindly issue the five-day notice and decide | ||
| + | after 40 days. In weighing objections, the applicant | ||
| + | submits that the public interest in disclosure of | ||
| + | [reason] outweighs any commercial or personal harm, | ||
| + | per Section 11(1) proviso. | ||
| + | </ | ||
| + | |||
| + | ===== Related ===== | ||
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| + | * [[act|Back to the full RTI Act]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | - RTI Act, 2005, Section 11. | ||
| + | - //BPSC v. Saiyed Hussain Abbas Rizvi//, (2012) 13 SCC 61. | ||
| + | - //Arvind Kejriwal v. CPIO//, Delhi HC (2010). | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
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| + | {{tag> | ||
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