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koteswararaonerella

What is the limitation of rti act and how private agencies/organisation with govt.license/permit are to be treated.

Question

koteswararaonerella

Dear friends,

 

Since quite some time we are observing CONFLICTING OPINIONS BEING EXPRESSED BY MEMBERS on the issue of applicability of RTI Act,2005 in respect of NON PUBLIC AUTHORITIES(PRIVATE ORGANISATIONS). Several members put querries that some private but recognised school is NOT GIVING ME SOME INFORMATION RELATED to student education/certificates and another member asks ask about PRIVATE UNIVERSITIES RECOGNISED BY UGC and Some members ask what action I can take against a kirana shop which is charging more than MARKED PRICE ON THE PRODUCTa and this list will go on but the MAIN ISSUE HERE is whether the RTI Act ,2005 will apply in these cases so that the members can file RTI Application and if so to whom it is to be addressed(PIO).Promptly some senior members reply to these NEW MEMBERS that these are PRIVATE INSTITUTIONS AND ARE NOT PUBLIC AUTHORITIES AS DEFINED IN Sec2(h) of RTI Act and therefore, you can not file RTI with these institutions/organisations.While this was so the very next moment some other senior member POST HIS COMMENTS STATING THAT THE school is recognised you file RTI with DEO who is a public Authority.Here both the FIRST MEMBER AND THE 2nd Member are THUS DIFFERED AND THE NEW MEMBER WILL SCRATCH HIS HEAD AS TO WHAT EXACTLY HE SHOULD DO. The issue here is the DEO who is the public authority and who will oversee functioning of the schools or labour inspoector who oversee the labour aspect of the general/kirana store or the Legal Meteriology department who deal with less weighing/less packings or charging more money then packing rate printed though public authorities MAY NOT BE IN A POSITION TO TAKE ANY ACTION AGAINST THE SCHOOL/SHOP BASING UPON YOUR RTI APPLICATION.He cannot also give any INFORMATION TO YOUR QUERRY AS THE INFORMATION is NOT AVAILABLE WITH HIM IN A HARD COPY FORMAT OR SOFT COPY FORMAT and thus he cannot give any information as asked for by the applicant and if it is FORMAL COMPLAINT AGAINST THE SCHOOL OR SHOP HE CAN TAKE ACTION AS DEEMED FIT AFTER CHECKING THE GENUINESS OF THE COMPLAINT which he cannot do on the RTI Application basis as it is only AN APPLICATION SEEKINHG INFORMATION AND NOT A COMPLAINT.In one case of COOLING CHARGES THE THREAD WENT ON FOR SO MANY POSTING ONE MEMBER AFTER THE OTHER for days together and we are not CLEAR AS TO WHERE IT ENDED .SO ALSO REGARDING EDUCATIONAL INSTITUTIONS AND UNIVERSITIES WHICH ARE private.The TOP MODERATORS AND VERY SENIOR MEMBERS SHOULD EVOLVE SOME SCIENTIFIC WAY OUT AND THERE SHOULD BE A LINK FOR THIS PURPOSE AND INSTEAD OF WASTING ONE COMMENT AFTER THE OTHER THAT TOO WHICH ARE contradictory with each each other the NEW MEMBER WANTING CLARIFICATION CAN BE DIRECTED TO SEE THE LINK WHICH WILL BE GOOD FOR THE MEMBERS AND ORGANISATION WHICH IS very very repute(RTI.INDI.ORG).i REQUEST THAT THIS MAY BE EXAMINED TO FORMULATE CLEAR POLICY ON THIS TYPE OF SUBJECTS.

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G.R.Vidyaranya

If just information from non public (private) authorities is to be extracted, then the only option is to approach the controlling (Govt.) authority, under whom the private organisation is registered. The scope is limited but it can be done in most cases. If the private organisation has received any govt. funding, then it becomes easier. If the matter is consumer related, where money is collected for services such as schools, colleges etc. and deficiency in services can be effectively tackled under CPA rather than RTI.

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Prasad GLN

RTI is a tool in securing information. How to use the tool in getting things done depends on the expertise of user, and on IC who hears such cases.

Every one of us agree that Tirumala Tirupathi Devastanam Board has to be brought within ambit of RTI Act but it is Govt., Official that has brought in stay.

If a private school having control and grants can secure information, a large organisation using subsidised land, tax concessions etc., benefits may not attract RTI.

As an applicant without being disappointed should continue his efforts to bring as many organisations as possible through tactful and clever moves by structuring RTI Application and dragging organisation into ambit of RTI and convincing IC effectively.

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jps50

Please refer:

 

Private entity:

http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html

 

In this link I have provided details of decisions of CIC/SICs and Courts. The only limitation is that you can get information which is already held by controlling authority and information which iauthority can suck from private entity as per law by which the authority monitors the entity.

 

As for private or aided/granted schools, whether they are under RTI directly as public authority or not, it depends upon the law of that state under which such schools are operating and also amount of grants they are getting. It is a Pandora box. I will suggest that in case of schools of any type [except govt schools], one should go via Dist Education Officer. It will avoid all complications and delay etc. Govt schools are directly under RTI.

 

It is tiring and time consuming to get declared any private entity as public authority under RTI, since it requires lot of details which may not be easily accessible. One has to go upto Information Commission for this purpose.

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koteswararaonerella
Please refer:

 

Private entity:

http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html

 

In this link I have provided details of decisions of CIC/SICs and Courts. The only limitation is that you can get information which is already held by controlling authority and information which iauthority can suck from private entity as per law by which the authority monitors the entity.

 

As for private or aided/granted schools, whether they are under RTI directly as public authority or not, it depends upon the law of that state under which such schools are operating and also amount of grants they are getting. It is a Pandora box. I will suggest that in case of schools of any type [except govt schools], one should go via Dist Education Officer. It will avoid all complications and delay etc. Govt schools are directly under RTI.

 

It is tiring and time consuming to get declared any private entity as public authority under RTI, since it requires lot of details which may not be easily accessible. One has to go upto Information Commission for this purpose.

I agree with the three senior members who have commented on my post and thank them for posting their valuable comments.The issue here is as JPS stated if the INFORMATION IS HELD BY THE PA on the point we are feel like complaining against the school/college then they can supply but we will such problems where NO INFORMATION WILL BE WITH THE PA ON THE POINT WE ASKED Ex.Private schools are charging more fee, here if RTI is filed asking PA who is DEO etc.,1. The reasons/circumastances under which particular school is charging more fees 2.Kindly specify whether any fee structure is prescribed for schools if so what is the amount for such and such class etc.,etc., For Q.No.1 PA cannot give any information as INFORMATION is NOT held by him for 2nd he can give since INFORMATION IN THE FORM OF CIRCULAR/GO is thereCom,ing to our so called COOLING CHARGES ON WHICH ALL OF US POSTED COMMENTS NONE OF THE

seniors have commented.There should be certain agreed OPINION so that we can tell the new members or REFR THEM TO A LINK.This point needs be though over.

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