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SARAVANAN R

Interpretation of citizen in rti act

Question

SARAVANAN R

As per the decision of the Commission vide 139/CPB/2006-25.10.2006, the information sought by office bearers of trade union are declared valid under the purview of CITIZEN entitled to seek information.

 

Is there any reversion on this stand by any subsequent rulings or amendment? Is there any other extra formalities to be complied with by the office bearer to insist upon the information being parted away by the CPIO.

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karira

Is there any reversion on this stand by any subsequent rulings or amendment? Is there any other extra formalities to be complied with by the office bearer to insist upon the information being parted away by the CPIO.

 

Please go through this long thread which is running for more than two years. It contains many citations, etc. Please note the dates of the posts since the thread is old:

 

 

http://www.rtiindia.org/forum/328-can-secretary-ask-any-information-6.html

 

Please also read:

 

http://www.rtiindia.org/forum/3287-central-information-commission-clears-ambiguity-rights-associations-under-right-information-law.html

http://www.rtiindia.org/forum/67-organizations-barred-get-information.html

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advocate.rajat

We have registered an Society with the Charitable Registrar, Dalhousie under the name of "Society for Protection of Forest and wildlife"

 

We made an application with the P.I.O, HIMUDA for getting information of plans approved by HIMUDA.

 

The PIO vide its letter replied that as a Society one cannot ask for information under the RTI Act as it does not fall in the definition of Citizen as prescribed under the relevant Section, as far as my understanding goes "The right to information is provided to all citizens and incorporated entity also"

 

Can any one shed some light on this

 

Thanks

 

Rajat

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ganpat1956

Dear Rajat, I have merged with your post with an already existing thread on the subject. Please go through the reply of Karira in his post # 2 here and also the links provided by him.

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advocate.rajat

Well from the discussion I came to the conclusion that an body incorporate is not a citizen and therefor can't ask for infromation under RTI

 

But I think this is an wrong approch. The only reason we formed a Society was to shield our self from the mindless politics of these Department, because it is easy to target an individual but its difficult to target people of a group, in our case the Society

 

None the less I would prefer my appeal to the State Chief Information Officer, lets see what he has to say about this

 

thanks everyone

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Atul Patankar

The law to promote transparency does not allow you to use a smoke screen yourself. A seeker of truth, or in this case information, has to be prepared to take consequences.

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advocate.rajat

That is correct to an extent that the truth does not comes at the stake of the safety to you or your loved ones. When you file an RTI application your family member(who is a Goverement employee) get a telephone call that either the RTI application should be withdrawn or your he will be transferred to one of the remotest place he could imagine.

 

Then truth is not that important but the safety of your family is.

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karira
That is correct to an extent that the truth does not comes at the stake of the safety to you or your loved ones. When you file an RTI application your family member(who is a Goverement employee) get a telephone call that either the RTI application should be withdrawn or your he will be transferred to one of the remotest place he could imagine.

 

Then truth is not that important but the safety of your family is.

 

To avoid this, remember that any citizen, OCI or PIO Card holder can file a RTI Application.

 

The other way is file similar RTI applications from many people.

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pooorabyoura
any citizen, OCI or PIO Card holder can file a RTI Application.

 

Have OCIs and PIOs been explicitly allowed to file under RTI, or is it by inference alone?

 

Thanks for any specific official directive in this regard...

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karira
Have OCIs and PIOs been explicitly allowed to file under RTI, or is it by inference alone?

 

Thanks for any specific official directive in this regard...

 

Till now it is by inference alone.

 

Complaint on this matter, under Sec 18, is pending with CIC for over a year.

 

Please see:

 

http://www.rtiindia.org/forum/1099-can-public-information-officer-oic-apply-under-rtia-2005-a-3.html

Complaint to CIC under Sec 18(1)(f) against High Commission of India, London, UK - RTI Directory

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snhulamani

We are registered Industrialists Association formed under Societies act a non profit making body. We need an information under RTI act from Dept. of Commerce & Industries Govt. of Karnataka. Can we apply for information on behalf of the Association as a Secretary of the Association?

 

Please provide us with the provisions under the act.

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taurus

You can take a chance. There are contradictory decisions of CIC in this matter. One saying yes and the other saying no. Basically citizens only have this right under the Act. But in many places in the Act the word 'person' is also used almost synonymously with the word 'citizen'. That is why the confusion. A society is a legal person.

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ganpat1956

Please go through post # 2 of Karira here and also the links given therein.

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