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Whether Private Entities Are Covered Under the RTI Act - An Argument, A Point of View

The common misconception that has taken root presently is that only entities and organizations which are substantially aided or funded by the Government are covered under the RTI Act.   But the fact is that Private Entities are covered under the RTI Act irrespective of whether they are substantially aided or funded by the Government.   1) Private Entities are not covered under sec 2(a) of the Act:   Sec 2(a) "appropriate Government" means in relation to a public authority which is establis

Sunil Ahya

Sunil Ahya

Sec. 23 of RTI Act states – Bar of Jurisdiction of Courts, yet the Courts Entertain .. Why & How ?

SEC. 23 OF THE RTI ACT, 2005, EMPHATICALLY STATES – BAR OF JURISDICTION OF COURTS. THE COURTS STILL ENTERTAIN – WHAT COULD BE THE REASON..................   Index of Relevant Points:   Part - I   1. The Constitution of India has a Basic Structure.   2. Parliament (Legislature) has the power to amend the Constitution.   3. But can the Parliament amend the Constitution to the extent of amending the Basic Structure of the Constitution itself.   Part - II   4. Su

Sunil Ahya

Sunil Ahya

How Co-operative Housing Societies Limited are covered under the RTI Act, 2005

• PRIVATE CO-OPERATIVE HOUSING SOCIETIES ARE COVERED UNDER WHICH SECTION OF THE RTI ACT:   Co-operative Societies are covered under section 2 (f) of the RTI Act, 2005.   Sec. 2(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by

Sunil Ahya

Sunil Ahya

Flow of a RTI application

The flow of a RTI application goes like this:   I - Flow A:   Step 1) File a RTI application with the Public Information Officer - Section 6(1). After filing the RTI, if you have:   > Not received a reply from PIO at all, OR > Received a reply from PIO but not satisfied with the PIO's reply/decision;   Step 2) Then - File a first appeal with the First Appellant Authority - Section 19(1). After filing a first appeal, if you have still not received the requested infor

Sunil Ahya

Sunil Ahya

Transfer of a RTI Application - Sec. 5(4) + 5(5) OR Sec. 6(3)

There are two specific provisions in the RTI Act for dealing with a situation where the information sought is not available with the Public Information Officer (PIO) with whom the RTI application has been filed, but, Situation A - The Information sought is available within the Same Public Authority, or, Situation B - The Information sought is available with another Public Authority.   Both the above situations A and B have been discussed below: Situation A - Where the In

Sunil Ahya

Sunil Ahya

How to file a RTI application for Municipal Plans in Maharashtra?

The RTI application is to be addressed as follows: To, You can either visit the ward and submit it to its Dispatch Section and take an acknowledgment on the photocopy of your RTI application, or You can mail it by Speed Post, track its delivery on Indiapost website on internet and when it shows delivered take a print out of the track report and preserve it as a proof of delivery of your RTI application. In Maharashtra, the best way to pay RTI application fees is to paste a

Sunil Ahya

Sunil Ahya

Drafting Queries for Seeking Information.

Drafting queries for seeking information is the most skillful part of drafting a RTI application.   The golden rule for seeking information would be to use the phrase "Please provide me a certified photocopy of XXXX" with each of your query seeking information.   FOR EXAMPLE: If one would like to know whether a particular structure is legal or illegal, following are the two different ways in which one can draft the same RTI query :   O

Sunil Ahya

Sunil Ahya

Municipal Wards of Mumbai

ZONE - I A – WARD, 134 – E, S.B.S. Marg, Fort, Mumbai – 400 001. Tel: (022) - 2266 1353 / 2260 7000 Extn: 7070 / 7022.   B – WARD, 121, Ramchandra Bhatt Marg, Opp. J. J. Hospital, Mumbai – 400 009. Tel: (022) - 2378 0133, 23736622, 23794000   C – WARD, 76, Shrikant Palekar Marg, Off Chandanwadi, Marine Lines (E), Mumbai – 400 002. Tel: (022) - 22055450, 22014022, 22014000, 23424669   D – WARD, Jobariputra Compound, Near Shastri Hall, Mumbai – 400 007. Tel: (022) - 2386

Sunil Ahya

Sunil Ahya

RTI Application, First Appeal & Second Appeal Forms for Maharashtra.

Download respective RTI forms valid for the State of Maharashtra, by clicking on the following links:   Please Note:   The above forms are in Microsoft Word format, with tables inserted in it, so that one can directly fill into this form on the computer itself.     After having filled the form on your computer:   > Take a Print Out, > Paste a Court fee stamp of: Rs. 10/- if it is an RTI Application. Rs. 20/- if

Sunil Ahya

Sunil Ahya

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

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

Sunil Ahya

Sunil Ahya

How to Address (File) a First Appeal, when a PIO has not provided the details of the FAA?

In a given Public Authority, there may be several Public Information Officers & First Appellate Authorities,  And therefore, a PIO, in his response to a RTI Application, should inform a RTI Applicant about the particulars of the correct & concerned First Appellate Authority. But in case a PIO does not do so, then a RTI Applicant should file a First Appeal, as follows:  1. Visit the Public Authority's website and try and look for the details of the concerned First Appellat

Sunil Ahya

Sunil Ahya

RTI Act offers three levels to obtain a required information

Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below:   > RTI Application u/s. 6(1) with the PIO,   > Not received the information / not satisfied with information supplied by PIO / no decision by PIO,   > File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA),   > S

Sunil Ahya

Sunil Ahya

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

Grounds of Appeal with Respect to Section 8(1)(h) and 8(1)(j)

1. The PIO has not provide information against point no. xx, xx etc. of the RTI application. 2. The PIO has declined information against point no. xx of the RTI application by merely quoting the exemption to information under section 8(1)(h) / 8(1)(j) of the RTI Act, 2005 without giving meaningful justification for arriving at that reason for denial. This is against letter and spirit of RTI Act. Please find the following persuasive precedents wherein the concerned authorities have

Sunil Ahya

Sunil Ahya

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