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Observation - Clarification by Full Bench of CIC regarding "Public Authority" and "Authority"

The expression ‘public authority’ has been defined u/s 2 (h) of the RTI Act but the word ‘authority’ has not been defined under the said Act. In fact, the word ‘authority’ has not been defined under any law for the time being in force. Therefore, the word ‘authority’ requires to be construed as per the rulings of constitutional courts. It may be apt to mention that in Som Prakash Rekhi vs. Union of India (1981) 1 SCC 449, the Supreme Court observed as follows:- “27. Control by Government of th

MANOJ B. PATEL

MANOJ B. PATEL

 

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

 

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

 

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

 

Provisions related to Fee and Time Limit for RTI in World Bank.

The World Bank responds to the applicant's request for information as soon as possible and in any event within 15 working days of receipt of the request. The World Bank makes a particular effort to process urgent requests quickly and, in any case, processes such request within 5 working days. For purposes of this paragraph, urgent requests are requests which relate to urgent human rights issues, or requests which reasonably appear to be urgent, including because of the potential for harm to loca

MANOJ B. PATEL

MANOJ B. PATEL

 

Citizenship for spouse of Indian.

Citizenship for spouse of Indian Dear member,   Article 5(1)© of the Indian Citizenship Act of 1955 states that an individual can obtain Indian citizenship by registration if s/he is or has been married to a citizen of India and has been a resident of India for at least five years prior to making an application for registration. However, Article 9 of the Indian Constitution states that Indian citizenship is lost if a citizen acquires citizenship of a foreign country.   Response to Informati

MANOJ B. PATEL

MANOJ B. PATEL

 

How Officers Take Action on Complaint- Sample RTI application.

Re: How officers take action?   Request for information can be used to generate action for speedy disposal of pending files.   please file RTI application to the PIO,........Department and request him to provide following information from record regarding the complaints made by people.     (1) a list of the all complaints received by all officers of your department for the period.....from This list should contain details mentioned below.   (A)name and address of the complainant   (

MANOJ B. PATEL

MANOJ B. PATEL

 

Water supply problem.

Dear Member, non supply or scarcity of water and not proper care to maintain water pipe lines creates these problems.   Kindly file RTI application to the PIO of Nagarpalica/Municipal authority with a request to provide following information from RECORD.( mention area, locality where there is a problem of water supply)   (1) Number of connections given for water supply in our area.   (2) total population in this area as per your record.   (3) Requirement of drinking water on daily basis

MANOJ B. PATEL

MANOJ B. PATEL

 

Street light problems

Dear member, this is a common complaint and due to non working of street lights your locality remains dark and unsafe and criminals take advantage of this darkness.   You may file RTI application to the PIO of Nagarpalika/municipal corporation to seek the Information as under.   Sir, The following street lights have not been functioning since a long.   (A) ......................   (B) ......................(name of street)   Several complaints have been made but no action has been tak

MANOJ B. PATEL

MANOJ B. PATEL

 

Social Audit.

Dear Member, various authorities carry out different type of works in localities so you need to file different RTI application to the concerned authority to seek information about the work carried out by each one of them. If you want to do a social audit of the works carried out by Road department kindly write RTI application as under.   To, The PIO,................(department's name, address)   Please provide information about all the works awarded by Road Department in............area for

MANOJ B. PATEL

MANOJ B. PATEL

 

Procedure For Registration of Contractor.

Re: Procedure for Registration of Contractor.   Dear Member, i enclose herewith a first page of Contractor Registration Information Booklet.   Contractor Registration Information Booklet   (Contractor may keep this booklet for future handy reference)   Section I – General Information 1. Application Form An application form for enlisting as registered contractor in TSSPDCL can be downloadable from Company’s website i.e., ::TSSPDCL:: or can be had in person in the office of the address

MANOJ B. PATEL

MANOJ B. PATEL

 

RTI Application for ENCROACHMENT UPON PUBLIC/GOVERNMENT PROPERTY.

You may request the PIO to provide below mentioned information from record.   Kindly provide following information from RECORD in connection of below mentioned property which is encroached.   (A) ................................(B)........................©....................(D)...................(show land/property)   (1) Please intimate nature of encroachment.   (2) Please intimate measurement/size of the public land which is encroached.   (3) Provide date/time when it first come to

MANOJ B. PATEL

MANOJ B. PATEL

 

Fiduciary Relationship

In a Judgement, Supreme Court India v. S.C. Agarawal & Anr. WP © No. 227/2009 dated 20.09.2009(Del), it is discussed that the following kinds of relationships may broadly be categorized as fiduciary.(Ravindra Bhat J.) (1) Lawyer/client (2)Doctor/patient (3)Trustee? Beneficiary (Section 88, Indian Trust Act,1882) (4)Legal guardians/wards (section 20, Guardians and Wards Act,1890 (5)Parent/child (6)Executors and Administrators/legaltees and heirs Board if directors/company (7)Liquidator

MANOJ B. PATEL

MANOJ B. PATEL

 

Court Judgments in relation to Exemption of Information u/s 8.

Here are judgments in connection of exemption from providing information under section 8 of RTI Act. 1. Institute of Chartered Accountants of India v. Shaunak H. Satya, AIR 2011 SC 3336 at 3334.   2.Bhupinder Singh Jasal v. State Information Commissioner, Punjab, 2011(106) AIC 547 (P& H).   3.Jharkhand State Forest Corporation Ltd., Ranchi v. Jitendra KUMAR Singh, AIR 2009 Jhar 30.   4. Vikram Simon v. State Information Commissioner, U. P., AIR 2009 AII 51.   5. Canara Bank v. Centr

MANOJ B. PATEL

MANOJ B. PATEL

 

Information about Interviewers can be disclosed.- court judgement

Applicant can get names of interviewers by filing RTI application.   you can get the information about names of interviewers only. Photo copies of their signatures and residential addresses of interviewers could not be provided.   You may refer following judgement of hon'ble court.   Saiyed Hussain Abbas Rizwi v. State Information Commission, Patna, AIR 2011 Pat 103. In this case hon'ble court held: " Interviewers were discharging duties in public domain and there was no question of inva

MANOJ B. PATEL

MANOJ B. PATEL

 

Court Judgements in Allegations of Corruption and Human Rights Violation. section 24(1) of RTI Act.

Dear Member, you can refer following judgements of hon'ble court related to section 24(1) of RTI Act (allegations of corruption and human rights violation)   (1) Brig.(Retd) Ujjal Dasgupta v.Cabinet Secretariate, AIR 2011 (NOC) 50 (Del).   (2)Secretary to Govt, Home, Prohibition & Excise Department, Chennai v. S. Suresh Babu, 2010 (92) AIC 726 at 729-730(Mad).   (3) Superintendent of Police, central Range office of the Directorate of vigilance and Anti-Corruption Chennai v. R.Karthikey

MANOJ B. PATEL

MANOJ B. PATEL

 

Commercialization of residential properties.

Commercialization of residential properties.   Dear member, file an RTI application to the PIO of concerned Municipal Corporation/ Town Planing authority with a request to provide information about the violation of rules by using residential properties for commercial purposes from record. (mention the effected area)   (1) List of residential buildings/properties which are being used for commercial purpose by violating rules and regulation of law.   (2) Provide information from record

MANOJ B. PATEL

MANOJ B. PATEL

 

How to file RTI for "broken road?"

Default Re: Broken Roads   corruption of crores of rupees is being done by showing repairs of roads only on paper by corrupt authority/officials in district roads, state highways & national highways too. You can file RTI application to get below mentioned information from concerned authority.   To, The PIO,...............department.(address)   Please provide me following information from record related with roads.......................(name of roads)   (1) How many times minor and m

MANOJ B. PATEL

MANOJ B. PATEL

 

Information regarding PUBLIC SERVANT can be disclosed- CIC & SC.

DISCLOSURE OF INFORMATION REGARDING "PUBLIC SERVANT"   In decision: CIC/SG/A/2011/000464/12432 It was held that;   It is pertinent to mention that the Supreme Court of India in Union of India v. ADR in Appeal (Civil) 178 of 2001 and W. P. (Civil) 294 of 2001 decided on 02/05/2002, observed that persons who aspire to be public servants by getting elected have to declare inter alia their property details, any conviction/ acquittal of criminal charges, etc. It follows that persons who are al

MANOJ B. PATEL

MANOJ B. PATEL

 

How to register marriage under the Hindu Marriage Act?

To register under Hindu Marriage Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. Alternatively,you can apply to the registrar of the place where either spouse stayed for atleast 6 months before marriage.Both partners need to fill the relevent application form,sign it,and submit it, along with the photo copies of necessary documents, such as age proof and address proof. For proof of marriage, submit a cert

MANOJ B. PATEL

MANOJ B. PATEL

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