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Panchayat budget grants and Panchayat Works Expenditure

Often advice is sought about seeking information from Panchayat or Municipality Budget Grants, Development Works including funds used from Central and State sponsored employment guarantee schemes, MP/MLA LAD funds etc. Help and advice is also sought about seeking information to ascertain whether Municipality / Panchayat authorities are utilising funds as planned or contracts awarded are executed as per schedule. In such cases, it is necessary to seek details of budget grant and the expenditure

RAVEENA_O

RAVEENA_O

 

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

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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

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RAVEENA_O

 

Jain minority certificate

JAIN MINORITY CERTIFICATE   Lots of new threads are started seeking guidance about Jain Minority Certificate. The Government of India Notification dated 23-10-1993 declared Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Paris) as Minority communities under the National Commission for Minorities Act 1992. In 2004, the Cabinet Committee stated that the minority status is to be determined by the respective States Thereby, the States have been provided the prerogative to gr

RAVEENA_O

RAVEENA_O

 

Right to information : New dimensions and interpretations

INFORMATION DISSEMINATED TO PUBLIC OR ACCESSIBLE TO CITIZENS UNDER SEC-4(1) & OTHER STATUTORY PROVISIONS ARE NOT INFORMATION ACCESSIBLE UNDER RTI ACT INFORMATION “HELD BY OR UNDER THE CONTROL OF PUBLIC AUTHORITY” – INTERPRETED BY HON'BLE DELHI HIGH COURT ‘Right to information’, is defined as ‘the right to information accessible under this Act (RTI Act), which is held by or under the control of any public authority’. Way back in 2006, the issue regarding information acces

RAVEENA_O

RAVEENA_O

 

Who can demand information under rti act?

Doubts are frequently raised, whether the Right to Information Act confers right to seek information to a legal or juristic person. The term ‘person’ is not specifically defined in the Act. A concomitant issue for consideration is whether a juristic person can invoke fundamental rights considering Right to Information as a right in the nature of fundamental right. Before embarking upon these issues, it is necessary to revisit the relevant provisions of law.   Section-3 of the RTI Act confer

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RAVEENA_O

 

COMPETENT AUTHORITY WITH RESPECT TO SECTION-8(1)(d) & (e) OF RIGHT TO INFORMATION ACT, 2005

DOWN LOAD : [ATTACH]10002[/ATTACH] Section-8(1)(d) provides that there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Section-8(1)(e) provides that there shall be no obligation to give any citizen, information available

RAVEENA_O

RAVEENA_O

 

What is third party information?

THIRD PARTY INFORMATION   The PIO cannot simply deny disclosure of information under the plea of THIRD PARTY. There are certain principles under which PIO can invoke the provisions of Section-11, viz -   (1) PIO indents to disclose any information or part thereof;   (2) which (information) relates to or has been supplied by a third party;   (3) which (information) has been treated as CONFIDENTIAL by that third party; (at the time of submission - and not when an RTI Application is re

RAVEENA_O

RAVEENA_O

 

RTI for EPF inquiry

RTI FOR EPF ACCOUNT BALANCE  A large number of information seekers approach RTI India Forum seeking help in filing RTI Application regarding the missing credit of EPF, lost transit case of EPF during transfer etc. RTI can be effectively used to obtain information in such cases as mentioned below: The following documents / information can be sought from the PIO. The employee himself can file RTI Application before the PIO of Employees Provident Fund Organization under whose jurisdi

RAVEENA_O

RAVEENA_O

 

Missing epf details

RTI APPLICATION FOR MISSING/TRANSFERRED EPF ACCOUNT   A large number of information seekers approach RTI India Forum for help in filing RTI Application regarding the missing credit of EPF & lost transit case of EPF transfer etc.   RTI can be effectively used to get exact information about transfer as well as amount transferred as detailed below   The following documents / information can be sought from the PIO. An RTI Application filed by any person other than the employee himself

RAVEENA_O

RAVEENA_O

 

How to seek evaluated answer sheet

HOW TO SEEK EVALUATED ANSWER SHEETS   First file an RTI Application with prescribed application FEE and request for --   [1] certified copies of my answer-sheets in …………………………… (subjects) of ………………………examination (say B.Sc 2nd year) held in ………........(summer/winter) 2012, Roll No. …………….. , Name of Candidate .............................., Exam Center ..................... and other details such as subject code, center code etc (as available in Hall Ticket. You can also attach the xerox cop

RAVEENA_O

RAVEENA_O

 

What after decision by central or state information commissioner

WHAT AFTER DECISION BY CENTRAL/STATE INFORMATION COMMISSIONER There are large number of instances, where the State Information Commissioners are passing orders contrary to the spirit and object of RTI Act and contradicting the laid down procedures. Another issue is the Public Authorities did not comply the decisions of CIC/SIC and the Information Commissions are not strict about enforcing penal provisions under section-20. The Information Seekers feel they were pushed to dead end. There is

RAVEENA_O

RAVEENA_O

 

Rti time schedule

Large number of queries in Ask RTI Query form are about Time Schedule for various aspects as to when the PIO is supposed to supply information, when to file First Appeal, second appeal etc. In order to give a clear picture of Time Schedule at various stages of RTI dealings, both by Public Authority as well as Information Seekers, a tabulated Time Schedule is attached.   Download copy of time schedule: [ATTACH]4473[/ATTACH]

RAVEENA_O

RAVEENA_O

 

Rti time scheule

RTI TIME SCHEDULE   Large number of queries in "Ask RTI Query" forum are about Time Schedule for various aspects as to when the PIO is supposed to supply information, when to file First Appeal, second appeal etc. In order to give a clear picture of Time Schedule at various stages of RTI dealings, both by Public Authority as well as Information Seekers, a tabulated Time Schedule is attached.   [TABLE=class: grid, width: 650] [TR] [TD]Ref[/TD] [TD]Activity[/TD] [TD]Section[/TD] [TD]Tim

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RAVEENA_O

 

Is it Mandatory to appear for Hearing by First Appellate Authority?

There is not even a whisper about hearing by FAA in RTI Act, 2005. There is also no provision under the Act to prescribe procedures with regard to the manner in which FAA has to conduct and decide first appeal.   If at all there is a hearing fixed by FAA, then FAA must give Appellant a copy of submission made by PIO before FAA against First Appeal. Hearing warrants only where there is a dispute e.g the PIO contents that he has supplied information as against Applicant's contention that

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RAVEENA_O

 

know your pf balance

KNOW EPF BALANCE, CLAIM STATUS, ESTABLISHMENT CODE For other details, following link can be tried: http://www.epfindia.nic.in/ PIOs & FAAs of EPFO : http://www.epfindia.nic.in/rti_officers.html HOW TO FILE RTI FOR EPF BALANCE http://www.rtiindia.org/blogs/entry/2279-rti-epf-inquiry.html HOW TO FILE RTI FOR EPF TRANSFER / MISSING http://www.rtiindia.org/blogs/entry/2276-missing-epf-details.html

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RAVEENA_O

 

Can the pio deny information disclosed under section-4(1) of the act?

INFORMATION DISSEMINATED TO PUBLIC OR ACCESSIBLE TO CITIZENS UNDER SEC-4(1) & OTHER STATUTORY PROVISIONS ARE NOT INFORMATION ACCESSIBLE UNDER RTI ACT INFORMATION “HELD BY OR UNDER THE CONTROL OF PUBLIC AUTHORITY” – INTERPRETED BY HON'BLE DELHI HIGH COURT   The right of the citizen under the RTI Act is to obtain information ‘held by or under the control of any public authority’ i.e. information, which is held by the public authority under its control to the exclusion of o

RAVEENA_O

RAVEENA_O

 

HOW TO DIFFERENTIATE A COMPLAINT UNDER SECTION-18(1) and SECOND APPEAL UNDER SECTION-19(3)?

DOWNLOAD CONTENTS OF THIS PAGE AS : [ATTACH]9957[/ATTACH]   HOW TO DIFFERENTIATE A COMPLAINT UNDER SECTION-18 and SECOND APPEAL UNDER SECTION-19(3)?   Often queries are raised before this forum about Complaint under Sec-18 and Second Appeal under Sec-19(3). There are two distinct legislative intent behind both these sections.   Section-18 is a provision bestowing an Original Jurisdiction on CIC or SIC to receive complaints and to ensure proper enforcement and implementation of the provisio

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RAVEENA_O

 

Cji’s office falls under rti act

CJI’S OFFICE FALLS UNDER RTI ACT (As reported by PTI from New Delhi, Sept.1)   In a landmark Judgment, the Delhi High Court on Wednesday held that the Office of Chief Justice of India falls under the purview of the Right to Information Act and the details pertaining to judges’ assets could be revealed under the law.   “The CJI is a Public Authority under the Right to Information Act and the CJI holds the information pertaining to assets declaration in his capacity as Chief Justice. That o

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RAVEENA_O

 

E-Tickets : Cancellation & Credit

E-TICKETING OF INDIAN RAILWAYS   There is lot of misunderstanding regarding e-ticketing facility of Indian Railways, leading to frivolous grievances and RTI Applications before the authorities. E-tickets are booked only by using Credit/Debit cards. The tickets are in four pages. Generally, passengers print only one page. Four pages contain all details of ticket including mode of its cancellation. Nobody bother to print and read page-2 to 4 of e-ticket. Wait-listed e-ticket, if not confirmed at

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RAVEENA_O

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