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Prasad GLN

Legal definition of Record" of Public Authority

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Prasad GLN

Can some one help me by quoting exact legal definition of "Record" with Public Authority for providing information ?

 

(A record collected in 2008 from III party is being claimed as their record in 1964 by Public authority, and how applicant can find out that it was not public authority's record in 1964 and collected only in 2008)

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G.R.Vidyaranya

The Public Records Act 1993 defines record as:

"public records" includes -

 

any document, manuscript and file;

any microfilm, microfiche and facsimile copy of a document;

any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

any other material produced by a computer or by any other device,of any records creating agency;

 

Black's Law Dictionary defines record as:

 

A written account of some act, transaction, or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of the matters to which It relates. There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. Wharton. In practice. A written memorial of all the acts and proceedings in an action or suit in a court of record. The record is the official and authentic history of the cause, consisting in entries of each successive step in the proceedings, chronicling the various acts of the parties and of the court, couched in the formal language established by usage, terminating with the judgment rendered in the cause, and intended to remain as a per- petual and unimpeachable memorial of the proceedings and judgment.

 

Law Dictionary: Page not found | The Law Dictionary

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Prasad GLN

How and when Public Authority can treat a document (circumstances) as their record?, when PA was in no way involved in the process or such claim was not supported with any references to them specifically in the past or no action was taken on such document and that document was not considered for making any decisions subsequently.(not available but subsequently obtained to create it as PA's record

 

(Particularly that document was never signed by one of the claimed signatory as stated (admittedas forged) by that person before Court in some other proceeding, and even after all this PA claiming that document as their record)

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G.R.Vidyaranya

Dear Prasad ji,

 

Incedences of papers going missing from records, mysteriously getting added to previous records, documents getting postdated/antedated etc. etc. have been happening from time immemorial in Govt. records. If it is a case of forged document or fudged one, then it has to be treated as per law. How will definition of 'record' help?

 

If I submit a fake caste certificate or birth certificate then it becomes a 'record' in some department to remain in the files and the PA can claim it be a record and give it out as 'certified copy' to an RTI applicant. What happens later is anybody's guess.

 

Why not challenge the veracity of the document in question even though it is claimed by PA as it's record? The onus will then be on the PA to prove that it was genuine document prduced by the Govt. machinery (if it is true) or state that it is a document submitted by a third party and it is unaware of the genuineness of the document.

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Prasad GLN

The signatory of the document himself admitted that he never signed such document in Court proceedings in 2009 , in which Public Authority is a party and court proceedings are their records.

Inspite of this Public Authority claims that it was their record in 1964, though they have not acted on such document and considered that document for several decisions later. As per Court records, the document was first applied for in Mar,2008 since 1964. If such is the case, how that document for first time seen light after 44 years can become PA record, though they state such document as their record but never provide such certified copy with Court markings (Date of issue....issued to...etc)

 

When CPIO flatly refused to provide certified copies of such document, what can be done except for going for second appeal and waiting for two or three years more.

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G.R.Vidyaranya

Tricky situation, I agree. Hope our more learned friends can suggest some idea.

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RAVEENA_O
Can some one help me by quoting exact legal definition of "Record" with Public Authority for providing information ?

 

 

Definition of "record' as defined in Section-2(i) of RTI Act, 2005, is as under:

"record" includes -

(a) any document, manuscript and file;

(b) any microfilm, microfiche and fasimile copy of a document;

© any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

(d) any other material produced by a computer or any other device

 

 

(A record collected in 2008 from III party is being claimed as their record in 1964 by Public authority, and how applicant can find out that it was not public authority's record in 1964 and collected only in 2008)

 

What is the basis of your contention that the information is collected only in 2008? Can give more details about the specific record in question.

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sharadphadke

Ask for file inspection and check date wise INDEX of the file and movement report recorded.

 

This should give the answer.

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Prasad GLN

It is a plaint copy of a Court record. As per information provided by Court, the first copy was applied on 14th Mar, 2008. The xerox copy of plaint shows court stamp (Copy issued....date) some other name and issued on 14th Mar, 2008. Public Authority is producing contents from that III party (Ex partee decreed suit, in which they are in way connected) as their document, without providing reference as to how it has become their record.

It is almost impossible to get any thing done through that defiant PA, as they can never provide information even after CIC decisions. (They are aware that each such implementation takes minimum 3 years from date of RTI to CIC decision and then non compliance). IRON CURTAIN PROCESS

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