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  • Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application.

    By Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:   As per section 7(1): A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9   (Which means a PIO is supposed to either provide information or deny it under section 8 and 9). As per section 19(5): In any appeal proceedings, the onus to prove that a den
    • 0 comments
    • 11,830 views
  • jps50

    How to inspect under rti ?

    By jps50

    I have compiled guidelines to be followed while undertaking inspection of records under RTI. The same is attached herewith. GUIDELINES FOR INSPECTION UNDER RTI 1. Even if you do not desire to carry out an actual inspection of records, invariably request as under in RTI application: This will have deterring effect on PIO against providing false information. 2.  If you are not very conversant with the language of record or have any other disability, please also add the follow
    • 5 comments
    • 9,000 views
  • ashakantasharma

    What are some of the shocking, weirdest, silliest RTI requests made in India?

    By ashakantasharma

    What are some of the shocking, weirdest, silliest RTI requests made in India? As Abraham Lincoln said “Government is of the people, by the people, for the people” The government is our servant and we have no duty to explain why we seek information from them. The government holds all the information in our behalf, in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government can’t deny if you ask them how they are governing our country.
    • 0 comments
    • 1,045 views
  • Priya De

    Four Biggest Mistakes you can avoid in your RTI Application

    By Priya De

    The Right to Information Act 2005 empowers every citizen to ask for information from Government Organisations. This information can be about your own personal case or more complex Government Policy. The Act also empowers us to take photocopies of the Government records and also online data in a form of CD. However, often PIO being Government Servant who perhaps is also the custodian of the information has a conflict of interest in giving out such information. Every Government Official at on
    • 10 comments
    • 43,079 views
  • Sunil Ahya

    Understanding Section 7(9) of the RTI Act, 2005

    By Sunil Ahya

    1. Provisions in a law cannot be read in isolation, but all the relevant provisions have to be read along with together, for its harmonious construction: The basic principle to be followed in law, is that while interpreting any provision, it has be read along with all the other relevant & applicable provisions, for the correct interpretation of the provision in question. Sec 7 (1) is relevant & applicable while interpreting sec. 7(9) and therefore both these provisions will hav
    • 0 comments
    • 13,010 views
 

Kindly do not worry about the exemptions at the stage of filing a RTI application.

Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:   As per section 7(1): A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9   (Which means a PIO is supposed to either provide information or deny it under section 8 and 9). As per section 19(5): In any appeal proceedings, the onus to prove that a den

Sunil Ahya

Sunil Ahya

 

PIO Acts that makes you hate RTI ACT

How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document. PIO Acts that makes you hate RTI ACT But naturally, it is not the way. It is an easy way for PIO to first Get to know who is an actual RTI Applicant Intimidate the applicant by various means E

Priya De

Priya De

Four Biggest Mistakes you can avoid in your RTI Application

Four Biggest Mistakes you can avoid in your RTI Application

The Right to Information Act 2005 empowers every citizen to ask for information from Government Organisations. This information can be about your own personal case or more complex Government Policy. The Act also empowers us to take photocopies of the Government records and also online data in a form of CD. However, often PIO being Government Servant who perhaps is also the custodian of the information has a conflict of interest in giving out such information. Every Government Official at on

Priya De

Priya De

 

a Complaint and an Appeal

When to file a Complaint 18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, - a. who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public In

D.T.RATHAVA

D.T.RATHAVA

 

Landmark Decisions of CIC

My Collection Landmark Decisions of CIC ( For Guidance ONLY ) It has been observed that many information seekers as well as officers/staff are approaching RTI cell for clarification guidance on the various aspect of the RTI act 2005, including whether their queries or replies are in consistence with the provisions of the RTIA. A strong need had therefore been felt to provide some guidelines which will serve the interest of both parties. The matte

D.T.RATHAVA

D.T.RATHAVA

 

‘fiduciary’ and ‘fiduciary relationship’

part …2 “There is a technical distinction between a ‘fiducial relation’ which is more correctly applicable to legal relationships between parties, such as guardian and ward, administrator and heirs, and other similar relationships, and ‘confidential relation’ which includes the legal relationships, and also every other relationship wherein confidence is rightly reposed and is exercised. Generally, the term ‘fiduciary’ applies to any person who occupies a position of peculiar confidence t

D.T.RATHAVA

D.T.RATHAVA

 

fiduciary’ and ‘fiduciary relationship’

PART 1 fiduciarrelationship’ thus: “A relationship in which one person is under a duty to act for the benefit of the other on matters within the scope of the relationship. Fiduciary relationships – such as trustee-beneficiary, guardian-ward, agent-principal, and attorney-client – require the highest duty of care. Fiduciary relationships usually arise in one of four situations : (1) when one person places trust in the faithful integrity of another, who as a result gains superiorit

D.T.RATHAVA

D.T.RATHAVA

 

RTI Complaint or RTI Second Appeal Which is more effective

RTI Complaint or RTI Second Appeal Which is more effective   RTI Appellants can use Section 18 to improve their chances of getting Public Information Officers (PIOs) penalized by sacrificing their demand for getting the requested information. A strictly legal interpretation of this section of Right to Information Act 2005 leaves the PIO and the public authority (and also the Information Commissioner) with relatively less room for escaping. Read section 18(3) with care. It says: “The… Inform

D.T.RATHAVA

D.T.RATHAVA

 

RTI and Third Party Information

RTI and Third Party Information: What Constitutes the Private and Public? The passing of the Right to Information Act, 2005 was seen as giving an empowering tool in the hands of the citizens of India, six years post its implementation, loopholes have surfaced with misuse of the many fundamental concepts, which have yet not been defined to allow for a consistent pattern of decisions. Among many problems that emerge with the Act, a major problem is defining the extent to which an individual has a

D.T.RATHAVA

D.T.RATHAVA

 

Does rti truly help ?

Friends,   Just back from the hearing of Non Compliance of SIC Order. In the hearing the PIO too was present, who expressed his inability to comply since the records are not available. In the previous order SIC had ordered the file to be reconstructed, the PIO of Building and Factory, said since the building was completed in year '62 and the builders too not traceable and the architect too not, it is not possible.   Strangely, SIC asked me as to what to do, since the upkeep of the record wa

anuraag sharma

anuraag sharma

 

About further payable fee

ABOUT FURTHER PAYABLE FEE.     The details of further payable fee should be indicated for each item and the methodology through which the same has been arrived at should also be communicated to the applicant. The applicant shall also be informed about the particulars of the appellate authority so that he/she can exercise his/her right of appeal if dissatisfied. The CIC has given the following decisions with regard to charging of fees: Under rule 4 (a) of the RTI (Regulation of Fee and Cost) R

MANOJ B. PATEL

MANOJ B. PATEL

 

Difference Between Private and Deemed Universities.

Deemed to be Universities are institutions which are not established as Universities through legislations, but which are declared as deemed to be universities as per Section 3 of the UGC Act.   Section 3 of the UGC Act empowers the Central Government to declare by notification any such institution as deemed to be university on the recommendations of the UGC. All provisions of the UGC Act are applicable to the deemed to be universities.   These deemed to be universities have the following s

MANOJ B. PATEL

MANOJ B. PATEL

 

Loopholes in RTI Act

LOOPHOLES IN RTI ACT 2005.   1. No responsibility/accountability of the FAA   2. No time limit for CIC/SIC to decide appeals   3. Selection procedure for ICs and qualifications/criteria are very vague   4. After SC judgment in State of Manipur case, Sec 18 is virtually defunct   5. Some definitions are confusing....somewhere act mentions "person", somewhere it mentions "citizen" somewhere else,   something else   6. Non compliance of Commissions orders are left vague   7. No acc

MANOJ B. PATEL

MANOJ B. PATEL

 

Observation of Hon'ble Supreme Court in access to information.

Observations of the Hon’ble Supreme Court on the Right to Information Act:-   “At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of ‘information’ and ‘right to information’ under clauses (d) and (i) of section 2 of the Act. If a public authority has any information in the form of data or analyzed data, or a

MANOJ B. PATEL

MANOJ B. PATEL

 

Is RTI a toothless paper Tiger ?

Friends,   Right to Information sounds very good. A government official if avoids giving information will be penalized heavily sounds awesome to the ears. BUT, does it happen ? Is the system right from the SPIO to CIC/SIC in all the states hand in glove to avoid giving information ? And if the applicant persists, though CIC/SIC pass an order directing the SPIO to furnish the information, is it made available ? Does the CIC/SIC take congnizance of the NON COMPLIANCE complaint filed by an a

anuraag sharma

anuraag sharma

 

Appeal to the Courts.

If any RTI applicant is not satisfied with the decision of the State Information Commission/Central Information Commission, applicant can file an appeal in the State High Court or the Supreme Court. The RTI Act specifically bars the courts from considering any suit, application or any proceeding made under the RTI Act. However, it must be remembered that the RTI Act gives effect to a fundamental right, and according to the Constitution, the High Courts (under Article 226) and the Supreme Court

MANOJ B. PATEL

MANOJ B. PATEL

 

Efforts for RTI Act 2005.

For the introduction of our Right to Information Act, there have been efforts since 1996 onwards. The National Campaign for People's Right to Information was founded in 1996. Its founding members included social activities, journalists, lawyers, professionals, retired civil servants and academics, and one of its primary objectives was to campaigning for a national law facilitating the exercise of the fundamental right to information. In response to the pressure from the grassroots movements, nat

MANOJ B. PATEL

MANOJ B. PATEL

 

What is larger public interest

Most often the Public Information Officers, Departmental Appellate Authorities and even few Information Commissioners are referring to larger public interest, to deny information sought by an applicant. Element of larger public interest does not involve in every information sought by an RTI applicant.   The issue involved has wide legal ramifications. Let us consider the object of the Act:     Now, there are two conflicting public interests -   [1] the right of citizens to protect thei

RAVEENA_O

RAVEENA_O

 

Private or deemed universities are under rti

Often queries are raised in our forum whether private or deemed universities are under the ambit of Right to Information Act or not. Many such private or deemed universities did not designate Public Information Officers and no RTI link provided in their website. Mandatory disclosures required under Section-4 are also not complied with by these private or deemed universities. They ignore RTI applications and Appeals.   Private or Deemed Universities are public authorities within the meanin

RAVEENA_O

RAVEENA_O

 

Caste certificate and rti

The Central Information Commission in Second Appeal cases - F.No. CIC/SS/A/2013/ 002007-YA, F.No. CIC/SS/A/2013/002514-YA & F.No. CIC/SS/A/2013/ 002008-YA decided on 13/11/2014 held that the caste and educational qualifications of an employee is personal information of third party. The Information Commission erred in passing such an order holding that the Caste Certificate is exempted from disclosure under Section-8(1)(e) and 8(1)(j) of RTI Act. The Commission denied disclosure of

RAVEENA_O

RAVEENA_O

 

Right to Information and Supreme Court.

The Supreme Court has consistently ruled in favour of the citizens right to know. In Bennett Coleman v. Union of India, AIR 1973 SC 106: 1972(2) SCC 788, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Article 19(1)(a). In state of U.P. V. Raj Narain, AIR 1975 SC 865: (1975) 4 SCC 428, Mr. J. K.K. Mathew explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business....

MANOJ B. PATEL

MANOJ B. PATEL

 

Right to Information and Supreme Court.

The Supreme Court has consistently ruled in favour of the citizens right to know. In Bennett Coleman v. Union of India, AIR 1973 SC 106: 1972(2) SCC 788, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Article 19(1)(a). In state of U.P. V. Raj Narain, AIR 1975 SC 865: (1975) 4 SCC 428, Mr. J. K.K. Mathew explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business....

MANOJ B. PATEL

MANOJ B. PATEL

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