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jps50

Rti application through authority letter

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jps50

I would like to know if RTI application filed by a power of attorney or authority letter holder will be replied or not. For example X resides in America and he urgently needs to file RTI appln in India. Can his power of attorney/authority letter holder say Y file RTI application for seeking information regarding X held by public authority in India.

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rajub

The answer is "legally YES".

 

The Act says any Indian citizen can ask for the information. It is not mentioned in the Act that the citizen must use a particular method to seek info.

 

If Mr. X gives authority to Mr. Y and Mr. Y makes an application it is as good as Mr. X making an application. This is a standard legal procedure in vogue.

 

HOWEVER LOOKING AT THE PREVALENT MINDSET OF PIO'S ONE CAN EASILY GUESS THE FATE OF SUCH AN APPLICATION.

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sandeepbaheti

So long as both X and Y are citizens of India, there should be no problems technically.

Another alternative to this problem is Y gets a letter signed by X which says that X has no objection to Y asking for information related to X. This is not exactly a power of attorney but can be used to overcome third party technicalities.

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jps50

Sandip, we have used this process. it works. but if it is not possible to get such NOC in shorter period or due to serious illness at distant place, the situation may be difficult. Thanks for the reply.

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prabha.hl

If you are going for Power of attorney, being executed outside India, Plz follow the stamping procedure as detailed below.

 

INDIAN STAMP ACT, 1899

 

[2 OF 1899]

Instruments other than bills and notes executed out of India.

 

18. (1) Every instrument chargeable with duty executed only out of India, and not being a bill of exchange or promissory note, may be stamped within three months after it has been first re*ceived in India.

 

(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the State Government may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.

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colnrkurup

Why complicate it ?. What stop the Power of Atttorney himself seeking the information in his own capacity ?

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rajub
Why complicate it ?. What stop the Power of Atttorney himself seeking the information in his own capacity ?

 

"Third party" or "personal information" may be the reason.

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karira

Is X a Indian Citizen, OCI or a PIO Crd Holder ?

If yes, he himself can apply for information under the RTI Act, irrespective of where he is currently residing or where is the Public Authority located.

 

X can sign a application, send it to Y, who adds the application fee of Rs. 10.00 and submits it to the PIO. The address can be a care of address in india for the purposes of easier communication.

 

If it is felt, that the information being sought will be considered as "third party information" by the PIO, then X can give a "no objection" letter to Y, which can be submitted by Y alongwith the RTI application signed by Y, to pre empt the PIO.

 

"Power Of Attorney" has no place in a Rights based act which is akin to a welfare measure. PoA allows someone else to act on behalf of someone else in a given situation(s), it does not allow the other to benefit from (or enjoy) the rights of the original person.

 

RTI emanates from Article 19 of the Constitution. Just imagine, can anyone give PoA to someone else for

his Right to Freedom of Speech ?

or his Right to move anywhere in India ?

or his Right to form Associations or Unions ?

or to practice any Profession or carry on any Occupation, Business or Trade ?

etc.

etc.

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jps50

My friend has filed first appeal with a prominant PA, as PIO has refused info on the basis of power of attorney. RTI appln was for getting info of the donor of power of attorney, who is an Indian citizen residing abroad. Let us see what happens at CIC, since FAA will concur with PIO only.

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