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gomathis

RTI - Document copy denied

Question

gomathis

a)

 

I hve filed RTI to one of the temple which comes under the administration of govt.

I requested the official to provide the property register of the temple. The official denied the information.... saying that the document is submitted to the district court.

Is there anyway to get the copy of the document from the court.

 

b)

I filed similar RTI to another institution. They denied the document... saying the document contains more than 1000 pages. so it can't be given

 

c)

I requested one temple offical to provide the details of property, antiques, gold ornaments. The official denied the information as per RTI Act 8(1)... saying it can't be given for the safety of the items.

 

 

d)

I want to file the RTI to one of charitable trust. The trust was under the control of madras high court for more than six years. After then it was handed over to some people.

 

To whom should i file to get the details of the property?

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2 answers to this question

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Sunil Ahya

As per section 7(1) of the RTI Act, a request for information can be only and only denied by quoting a specific section including sub-section of section 8 & 9 of the RTI Act.

 

Section 7
. (
1
) Subject to the proviso to sub-section (
2
) of section 5 or the proviso to sub-section (
3
) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed
or reject the request for any of the reasons specified in sections 8 and 9:

 

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

If a PIO has not mentioned a specific section including sub-section of section 8 or 9 of the RTI Act in his response to your RTI application while denying the request for information, then you need to appeal against such a decision of a PIO, by way of filing a First Appeal under section 19(1) of the RTI Act.

 

Therefore, kindly file a First Appeal with the concerned First Appellate Authority with your,

 

Grounds of First Appeal as follows:

 

1. The PIO has denied the request for information without quoting any particular section including sub-section of section 8 & 9 of the RTI Act, hence the PIO has disposed off the RTI application in violation of section 7(1) of the RTI Act.

 

2. .....

 

Prayers:

 

Kindly direct the PIO:

 

1. To dispose off the RTI application in compliance with section 7(1) of the RTI Act.

 

2. To justify the denial of my request for information in accordance with section 19(5) of the RTI Act.

 

3. To provide the information requested in my RTI application, forthwith.

 

4. .....

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jps50

a] You may apply to PIO of Madras High Court. Rules are at http://www.rtiindia.org/guide/index.php

 

b] number of pages is not criteria for denying information. Please proceed with first appeal as mentioned in post No. 2

 

c] Contention of PIO may hold good, but there is no provision to deny for this reason. You may try first appeal.

 

d] For Charitable trust you may file with SPIO of Office of Charity Commissioner under whose jurisdiction trust functions by referring:

 

Private entity:

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

 

However, if the trust is being managed or controlled by govt, then you can make RTI to the trust itself.

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