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sharma_pnb

If public authority signed a joint venture with pvt company

Question

sharma_pnb

Hello,

If PAformed a JV & signed JV with Pvt Co on 50:50 basis and same has been sent for approval of Cabinet Ministry.Cabinet ministry approved the

same . Can PA refuse to provide the information RTI stating that one part of the JV is not covered under Section 2 (h) of RTI.

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Prasad GLN

If it is confined only to Private organisation, he can refuse, but when a Public Authority's involvement is there, he should provide the information. Unless what was solicited is clearly known to members, a proper guidance can not be given. As a citizen under RTI, you can seek inspection of entire dealings and obtain certified copies of including their agreement as per Madras High Court Judgment.

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RAVEENA_O

Since the JV is signed and approved by the Minister, it is in public domain and required to be disclosed under RTI, subject to provisions of Section-8 and Sec-9.

 

Part of the JV dealing with the trade secrets or commercial confidence etc are exempted from disclosure and hence it is not disclosable.

 

If you are not satisfied with the decision of PIO, you may file First Appeal before the First Appellate Authority, within 30 days from the date of receipt of PIO's decision.

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sharma_pnb

Please provide Judgment of Madras High Court

Thanks

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Prasad GLN

Just check whether following material helps

High Court of Chennai - WP No.5427/ of 2007 - dt.26-6-2007 Ms.V.V Mineral Petitioner Vs. The Director of Geology & Mining, Chennai--32

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sharma_pnb
Just check whether following material helps

High Court of Chennai - WP No.5427/ of 2007 - dt.26-6-2007 Ms.V.V Mineral Petitioner Vs. The Director of Geology & Mining, Chennai--32

Thanks Prasad ji

I will go through and will convey you.

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