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  1. 2 points
    If it is a recognized organization and if they submit such details to District Educational Officer, you have to file RTI Application to State Public Information Officer, District Educational Officer and seek such record submitted by the school authorities. You can get that record submitted by the school to DEO.
  2. 2 points
    Split the application into two separate applications and resubmit. Ensure to count the words in all queries (Information solicited) to avoid such rejection once again. Brevity in queries is most essential and the query has to be built/structured in a clever manner to avoid rejection. While splitting the present application, ensure to separate the applications depending on sure and certain replies and those that may likely to be denied. File applications showing two different dates but can be sent in one envelope. The two different dates are for avoiding confusion during further appeals.
  3. 2 points
    The next step is for going for second appeal to CIC and wait for minimum two years for getting a hearing opportunity and for uncertain . decision. You may repeat the same grounds for appeal before CIC also.
  4. 2 points
    Description of Information Required: In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of all the documents with respect to the following: (a) (b) (c) Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of prescribed fees.
  5. 2 points
    No. It was a decided issue that Income particulars, PAN Numbers etc., are personal information that is exempted under Sec.8 (1) (j). Please go through the section. Remember that if you can establish larger public interest, there are no exemptions in RTI Act but you have to convince the Public Information officer.
  6. 2 points
    1.Please permit me to inspect the following records pertaining to .....................................................(File notes/documents).and for providing certified copies selected by me under RTI . a b Please propose two convenient dates and provide such permission atleast ten days in advance.
  7. 2 points
    What exactly is your query ? You have to seek information from SPIO of that PS on action taken on each of your what's app message. You can also select one month data and can seek information from SPIO of same police station Information solicited: 1.Please provide me copy of the record that states the date wise whats app message received through No.......from public and forwarded to that PS for the month of Jan, 2019. _______________________________________________________________________________________ Date. Message from complaint on (crime) Action taken Official entrusted with the issue. ____1________2______________ 3_____________________4_________________5______________________ (If the data is available in the form of material register or any electronic record for controlling purposes please provide copy of that record) 3.You can also file RTI Application to Controlling Authority SPIO, Commissioner of police and can seek information as follows: Information solicited: 1.Please provide the laid down controlling mechanism that states that the concerned PS who receives the forwarded messages are taking promptly action as per What's App complaint. and then escalate this as complaint to Commissioner of Police that this system was reduced as ritual when no action is being taken on such messages, there is no use in promoting such schemes for publicity sake and request them to come out with a controlling mechanism for effective follow up on action taken by PS after receiving the forwarded message. (For Mumbai Police, such parking messages are too trivial)
  8. 2 points
    Members of the forum can not provide authentic information on such query without facts and circumstances. You can file RTI Application to the concerned State Public Information Officer, District Supdt of Police and can seek information. Information solicited: 1)Please provide the copy of manual/orders/ laid down norms for presenting an accused to the court for remand and those steps to be taken for modes of transport, various entries to be made etc.,
  9. 2 points
    Never part with the cheque. Cheque for format of issuing notice under Sec.138 of NIA to drawer /PIO in google and wait for a response. Do not protract the matter and focus on information. As PIO has provided information required, let us appreciate his attitude and not penalize him. Report this as complaint to FAA and seek refund of such fees in demand draft. Before all this speak to PIO and report of bouncing of cheque. You have no where informed the reason for return of the cheque.
  10. 1 point
    Dear Mr. Prasad GLN Thank You for your prompt and valuable reply. You have really been helpful and people like you keep the RTI movement alive. I am really grateful to you and wish you all the best. Regards
  11. 1 point
    Go for the second appeal after FAA orders. Whether CVC has taken up the investigation itself or endorsed it to concerned Vigilance dept., is not informed. I have drafted for the appeal to CVC and secured such copy only after the second appeal from CVC. A complainant is eligible to seek such information particularly when the issue is a criminal offense. Search CIC website of decisions with keywords of Public authority as CVC and find out the decisions relevant, as this issue might have decided several times by CIC.
  12. 1 point
    An applicant is not concerned with their internal correspondence, he is concerned only of getting information within the time frame fixed under RTI and he has to focus on further step undeterred by their internal jurisdictional issues.
  13. 1 point
    Be specific on what issue you want commission decision? You can raise your grounds and plead as per your arguments and can get a decision in your favour on the basis of stipulations in RTI Act and precedence is not required. You can plead to get such a decision and open the doors for others. Please read basic stipulations in RTI Act and at least Sec.7 and Sec.8. I have never come across denial of information under Sec.11 and that section only states that comments of third parties are required while seeking information which amounts to invasion on the privacy of an individual. The Sec.7 states that denial can only be under Sec.8 subsections with such justification for applying for that exemption. Attendance register is a public record and seeking a public record is not an invasion on the privacy of any individual. Presuming the denial under Sec. 8 (1) (j) that states in last words "unless the CPIO or SPIO or the appellate authority as the case may be, is satisfied that the larger public interest justifies the disclosure of such information", you were advised to establish larger public interest to seek exemption from exemption of personal information. If someone fakes or fabricates it is an offense and not in public interest as it is a punishable crime under Indian penal code.
  14. 1 point
    REPOSTED FROM ANOTHER THREAD: The Department of Ex-Servicemen Welfare offer a very good scheme to assist in acquisition of waste land for establishment of agricultural enterprise. There is NABARD funding for soldiers and widows to set up farms and cottage/village industry such as poultry farming. Find out more here: http://www.desw.gov.in/schemes/semfex-schemes This is a map of Kerala State from the wasteland atlas of India: http://dolr.gov.in/sites/default/files/karnataka.pdf - this is a great document: http://dolr.gov.in/documents/wasteland-atlas-of-india
  15. 1 point
    Go for the first appeal immediately on deemed denial of information- If your application is to Public Information Officer under RTI. If it is another issue than RTI, you can file a petition as a reminder as follows and send the same by Regd post under copy to Controlling office like Collector/RDO/DRO through ordinary post. I presume that hearing may be by another authority or at least by a group/Team/Committee. The undersigned received hearing of the objections etc.,on....in response to his letter dt.... In absence of the applicant's submissions made for regularization, grounds for objections cannot be raised and disputed without looking into facts of the claim. In view of the same, the undersigned request for providing a copy of such application received from....for regularization, as raising objections without studying facts appears as farce. Please provide the copy at least three days before hearing.
  16. 1 point
    Please provide the query related to RTI or the contents of suggestion and the remedy you wish to seek during the hearing.
  17. 1 point
    Why you are going for RTI when you have a most efficacious remedy under CP Act. The bank is bound to provide complete details of such action, loan when needed by a party that was victimized by the Bank and this is deficiency of service. File consumer complaint free of cost and seek information through the forum, which bank must provide. (Unless the exact query is posted, it is very difficult to give guidance, as Banker is under the statutory obligation of maintaining the secrecy of customer's account even before the enactment of RTI Act. Now that the borrower is a third party, strictly bank should not provide such statement of account to others. There are exemptions from this obligation if such information is within their own bank, with sister bank, with RBI, law enforcement authority and public interest)
  18. 1 point
    Please search website of that public authority with whom you wish to file RTI Application. Every authority is under obligation to provide list of Public Information officers and FAA with such RTI rules and regulations applicable to them. Search in google CRPF, Jaipur or just CRPF.
  19. 1 point
    If they are public records and not specifically marked as secret/ confidential, PIO is bound to provide such information. Even if a public record has been classified as secret by the authorities through an internal circular, they can not become secret Every public record must be disclosed as information under RTI. As per my knowledge, Supreme Court has not defined what is secret/confidential and the present Fighter planes of France issue was treated as Secret by Government but those documents were published by Hindu Newspaper. The OSA was enacted in 1923 by the British Government's applicability needs a study. Go for the First Appeal with following grounds of appeal. Grounds for Appeal: PIO has denied providing the information stating Sec.8 (1) (g) as exemption, but has failed to justify as to how a disclosure of a general public record sought endangers the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement of security purposes. In none of the past CIC decision, nowhere any SPIO has rejected information of providing the inward and outward register, log book, station diary applying this section 8 (1) (g). The denial challenges the very existence and enactment of RTI where the objective is Transparency and accountability of public authorities, and as law enforcement agency Police department is expected to be more accountable to the public. Mere rejection of information stating such exemption section without justification, as per several CIC decisions amounts to malafide denial. Against this background of the present position, this first appeal. PRAYER: Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost. If FAA also decides to agree with SPIO, FAA can provide a reference of any order/circular/directive classifying such record as secret and the past decisions by any of Information commission from the last 15 years treating the requested record as the exemption under Sec.8 (1) (g) Members from the forum might have solicited such information and those members who have previously requested for such records may kindly provide guidance on the issue and inform whether such record was at any time denied by PIO or FAA or SIC or CIC. I also suggest for making a fresh application to SPIO, Director General of Police seeking information as follows: Information solicited: Please provide copy of any internal order/circular/notification or FAA orders or State Information commission orders stating that Inwards & outward register, movement register, petrol book, Logbook of police vehicle, Station Dairy are covered under Official Secret Act and as such information can be denied under section 8 (1)(g) under official secret act.
  20. 1 point
    The Government is having such powers to acquire any property by paying such reasonable compensation for larger public interest and public utility. There is a well laid down procedure for acquiring land by Government from private parties like advertisement, notification, appointing an acquisition officer, calling for objections, payment of reasonable compensation etc. Contact any advocate and seek such advice from him on such acquiring of the property, their powers and remedial action to be taken against such step-like bringing a stay order against acquiring etc.,
  21. 1 point
    I believe by MP you Madhya Pradesh. In MP, an Indian Postal Order (IPO) of Rs. 10/- is an acceptable mode to make payment of RTI fees. You will get IPO at any of the Post Offices.
  22. 1 point
    The proper course is first to remind SPIO the actual requirement which was overlooked by him, wait for his response and then go for first appeal. It is always shrewd to save first appeal right till the matter is sorted out at SPIO level, so that if one goes for first appeal, he can bring such irresponsible attitude of not properly responding to applicants by SPIO to FAA once again. TO SPIO, Dear Sir, Reg: RTI Application dt.... I wish to draw your kind attention that my request for information is through inspection and for providing copies selected after such inspection. However I have been asked to remit Rs....as xerox charges, even without my inspection and marking copies for my use. Please study my application and provide two convenient dates for inspection, permitting me to opt for one date, and I will select certain documents that are useful and pay the fees immediately after inspection, so that SPIO can provide certified copies. Please expedite the decision with in...............days, as PIO has to respond within 30 days from date of receipt of RTI Application and such action of PIO not permitting inspection amounts to deemed denial, and SPIO is under obligation to provide those copies free of cost after 30 days under RTI Act. Yours sincerely, Applicant. Copy to FAA for information and necessary directions to SPIO first to provide date for inspection and then collect charges for actual copies opted the applicant. If there is any delay of more than 30 days, it is a violation of RTI to demand charges for such copies.
  23. 1 point
    In this forum, we are concerned with RTI. Nonjudicial documents or stamps purchased without such authentication is invalid in law in transactions involving money. A stamp vendor is not supposed to issue such NJS without such details on documents. Even Sub Registrar has to use adhesive stamps and only after crossing and signature across the stamps on a printed document. We are not aware of the purchase of NJS document paper and it's validity in RTI. Please search and follow RTI rules applicable to your state and question the validity of NJS documents through RTI to any of your MP authorities. Members are not competent to judge in issues not familiar to them.
  24. 1 point
    Kindly clarify, as to in which particular State you would like to file RTI?
  25. 1 point
    Please go through your state RTI rules as our state do not accept Gujarat stamp, though it appears that MP accepts such non judicial stamp. Every state is free to decide on such amount and mode of fees. The image you have attached is for Non judicial purpose and many states permit Adhesive Court fee stamp of Rs.10/- or Postal order.
  26. 1 point
    1.The stamp as misunderstood by you is not on a paper/document stamp but an ADHESIVE COURT FEE STAMP..(A simple stamp that can be pasted like a postal stamp for which you need not provide any name etc., and available with every advocate and their clerks or in Bar Association or shops near any court) 2.There is an internal accounting problem as they are not supposed to collect more than Rs.10/- and for refunding it is a great task. There is no such stipulation either to accept or reject. Accepting of more stamp value amounts to violation of RTI Act. Some SPIOs oblige whereas some SPIOs wish to throw the blame on applicant and reject the application on 29th day of receipt. Every thing depends on the attitude of PIO. When there is a risk, avoid the risk is the only advice. Experts advise us to avoid complication from the beginning and further guide that information should be the only focus and to avoid all such rejections by taking precautions right from filing application.
  27. 1 point
    From the learned experiences in this forum, unfortunately Defense dept., is not treating the RTI applications from their own employees sympathetically or treating them as citizens. Please avoid friction with that dept which you are going to get a transfer. 2019-20 is not too far and only 26 days are remaining. It may also be possible that they have applied prior to your request and got transfer during this financial year. The procedure is well laid down, applications must be entered in a separate register and first in and first out procedure has to be implemented strictly as per laid down norms. The chances of irregularities are much less in defense dept., (Can not rule out the possibility of influencing through higher ups) You have several unofficial channels and try to get such information through them.
  28. 1 point
    File this as a grievance in their online portal and can also seek information under RTI from State Public information officer. Information solicited: Please provide copy of the laid down procedure for renewal of a license when the old database is not showing the existing (first) license. (It may also be possible that you might have obtained such license from a broker or unauthorized agent as several agents issued fake licenses for hefty amounts)
  29. 1 point
    Is there any need for assistance in inspection to inspect the water purifiers?
  30. 1 point
    In your application have you solicited the same : Ex: As per the purchase order dt...., 27 units of hot and cold water purifiers were purchased, Please inform the location of each hot and cold water purifiers installed with the place and dept., and the specific number given for those assets provided and entered in Asset register and copy of installation certificate by the supplier with copies of plumber receipt for fixing the same.
  31. 1 point
    Point No.1: This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act and members learn and share knowledge on RTI through the forum. This forum is not connected to any Govt departments and never maintains any records of any institution including Women's college and as such Forum can not provide the attendance particulars of Reena D/o Sathpal B (a) of Sixth in Women's college, Sector 18, Rewari. POINT NO:2: As a citizen you can not get that informtion as it amounts to invasion of privacy and the erstwhile IC Sreedhar Acharya has imposed penalty on PIO for providing such information, as it involves security of a student. (In that case address). However, if that student is having a nominal name in rolls without attending colleges, and still getting attendance, then it amounts to larger public interest and you have to establish such fact of fake entry and can seek such information. (She may be attending a private coaching center and not attending classes at Approved Women's college, but still manages to get attendance)
  32. 1 point
    Sir, You are well known member in the RTI forum and active in RTI. You are aware that a citizen can only seek information as available on record. If the PIO states that information is not available (No action was taken on your grievance petition and hece it was consigned to dustbin, which they call file/lodge) nothing can be done unless we are sure that some action might have been taken. An applicant can not seek the quality of their action and can only go for first appeal if the information is not satisfactory or denied under Sec.8 or 9 subsections mentioning the section and with such justification. I have expressed my opinion that there is no ground for appeal if PIO states that there is no record.
  33. 1 point
    How many number of documents are required to be inspected? If they are not much, then take a photocopy of the entire file instead of going in for inspection. You can also take photographs of the documents with the help of your mobile phone, which will be free of cost. Use CamScanner application for taking photographs with the help of your mobile phone.
  34. 1 point
    Such usage is ornamental and flowery to please citizens. The query has to be constructed on facts of the case and unless facts are stated, it is not possible to provide precise guidance. When PIO has to provide any information on record available in the form of material, this stipulation is superfluous and serves no additional purpose according to my knowledge.
  35. 1 point
    I am sincerely afraid that your fears may be on pure assumptions. The structure in apartments are on robust column structure. Before agitating on the issue, take a good Govat approved Civil Engineer and get a certificate from him that the modification is dangerous to the building structure. Then it becomes a hazard and covered under Life or Liberty clause for which information has to be provided within 48 hours. The query to Corporation was provided with my first reply and reproduced as follows: Information solicited: 1. Please provide the certified copies of an application made, sanction/approvals given for modification/restructuring of the building including the sanctioned copy of blueprint for the following. i.Name of the owner:.........................Flat No...................in ........................towers -H.No...............at....ward No... Full address:...................................... 2. Please provide the approval of sanction given from residential to commercial as the structure is to be used as Gymnasium, open for public.
  36. 1 point
    First things first, seek from Corporation/Municipality as to whether the owner of H.No...............at....ward No...of..........(Flat No....of Towers..............)..area was permitted to modify/alter the construction and received sanctions for changing from Residential to commercial and if so ask them to provide such certified copies of applications and sanctions with blue print. After receiving the information that establish the violation, report to the Commissioner and mark this as a copy to Society and to Registrar of Societies, for taking prompt action and stop the violation. Personal relations are more than any other trivial matters, and always do such larger public interest activities through a friend or relative from a different station.
  37. 1 point
    Mr.Damodar, There were more than 25 posts/replies in the thread and a minimum of 4 hours might have been spent on the thread. Even without getting response from PIO and FAA, assuming something in advance and making so many posts is not proper. Always cross the bridge when it comes. Do not seek guidance on assumptions and always post response.
  38. 1 point
    File RTI Application to that University and seek such information. Information solicited: Please provide me the copy of laid down rules and regulations that state that Public Authorities need not disclose names and UGC scales applicable for those employees in website under RTI as a voluntary disclosure. Search any other institution website under the same university and compare the disclosures yourself.
  39. 1 point
    Indian Constitution guarantees equal rights and does not show any particular favour to those born on specific dates. Except birthday being celebrated on a holiday, and sweets being distributed by schools on that day, there are no specific concessions or promotional incentives for those baby girls born on any day. This is just a canard being spread by some smart citizens. All baby girls are having special concessions equally in reservations both for education and employment, and there are several other benefits like deposits like Sukanya Samurddhi yojana at Post offices etc. (Indians are really smart. If such concessions are there, they plan for having a baby or even managing to get such birth certificate on that day) For more details read the earlier replies to the same query in this forum.
  40. 1 point
    What is the present status of your RTI process? If your present query is on filing fresh application, you need no guidance as you have applied for such inspection in the past, and this time either you can request that representative to file RTI Application in his name or file application jointly signed by all three representatives. Please search in the forum as there is a beautiful and useful HC Judgment on such permitting representative in the forum (In previous replies) If I find the time, I will search it for you and provide the link. Please specify whether you wish to file a fresh application in the name of such representative or you wish to file an application to some other public authority as I remember that FAA has refused to provide inspection through a representative in the past and delivered such orders, closing that issue only for the second appeal before Commission. (My last response requesting you to post developments is on the progress in the advice of your HC advocate ON ECONOMIC CELL) This is the link that states HC ruling on permitting representatives.
  41. 1 point
    Let FAA respond are the last words. Now that you have filed first appeal unless FAA delivers his orders you can not proceed further in this application case. You have also been advised to get fresh application filed and a suggestion of that query was also provided. When the ball is in other's court, you can only play if it comes into your court.
  42. 1 point
    In younger age, everything appears beautiful either a child or new articles. In 2017, none of the members remembered the forum and the Anniversary passed silently without any wishes or celebrations. It is only time that erases the memory. But in short span, most of the experts stored huge information that will be useful for another decade. Though they do not visit regularly, their past contribution still helps every member. The success and rejoice of the forum is not confined to a single day, and every day someone should be benefitted by the forum. Every day is for celebration if members succeed through their learning and guidance..
  43. 1 point
    This is a non RTI matter and linked to faking of private party's rights. A dedicated forum can only discuss issues threadbare and the real remedy is through proper court of law through a sincere advocate. You have received guidance to the maximum extent possible, and RTI role comes to an end, after disclosure of facts on record. Remedy is not under RTI for other issues than seeking information.
  44. 1 point
    Unless the query is clear with facts of date and issue, it is not possible to guide with preciseness. 1. Wait for exactly one month from the date of posting your complaint, then file RTI Application seeking information on action taken on your complaint. Report this inaction to DBOD, RBI, Fort, Mumbai. 2. Also, issue a notice for taking action as expeditiously as possible on your complaint and inform them that you will be constrained to knock the doors of Banking Ombudsman and District consumer forum for relief/remedy claiming compensation for harassment. 3.After one month from the date of the notice, file online complaint/grievance before Banking Ombudsman. You need not incur single rupee expenditure for this step. 4. Make slight modifications if required and file complaint before District consumer Forum praying for crediting of the wrongly debited amount, expenses, costs amounting to Rs.5,000/- and compensation for harassment up to Rs.50,000/-. You need not incur more than Rs.200/- towards costs of stationery, typing, and postage etc. You can appear as a party in person and there is no elaborate procedure in District Forum like in Courts. Be certain that you can get a valid remedy with all these steps.
  45. 1 point
    A meeting was convened to discuss the mis-interpretation of the RTI act due to precedence setting judgments made by the Supreme Court. Several prominent RTI activists were present for this meeting. For more information visit website : http://foundation.moneylife.in/ View full record
  46. 1 point
    1. Hearing for either First Appeal or second appeal is not mandatory, but experts always advised members to make good use of such hearings as chances of getting information in First Appeal stage or more bright. When the focus is on securing information as expeditiously as possible, the opportunity has to be used without fail. 2. An appellant can depute any representative on his behalf with a simple authorization letter and representative's identity and information about the deputation of representative in writing to FAA have to be made well in advance. 3. Normally, they should suggest two dates and give the option of selection such as date to the appellant. When only a few FAAs provide such opportunity, without postponing further, it is better to avail the opportunity of hearing. 4. The hearing is only for presenting the grounds of dissatisfaction on PIO's response and it is proper to send a representative who is well versed with such grounds and details on the query. Remember, the burden of proof of denying information is only on PIO. The grounds of first appeal were already stated in first appeal, so there is not much to be worried about hearing.
  47. 1 point
    Every University has laid down a procedure for providing such certificate for a nominal fee. Search website of the university, apply in a prescribed application with fee and secure authentic reply. This verification is restricted to one's own qualification. For example, Mr.A can get his own information and he is not entitled to Mr.B or Mr.C information.
  48. 1 point
    LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query. As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.
  49. 1 point
    The scheme is applicable to all ex army personnel in entire India, and every District collector is having a separate help desk for needed assistance. First search and find out suitable land at three or four places and then approach to DC for further needful. You can enlist the support of local ex servicemen welfare association.
  50. 1 point
    1) The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay, authentication, admissibility, reasonable doubt, and clear and convincing evidence. There are several types of evidence, depending on the form or source. Evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit), exhibits (e.g., physical objects), documentary material, ordemonstrative evidence, which are admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law). When a dispute, whether relating to a civil or criminal matter, reaches the court there will always be a number of issues which one party will have to prove in order to persuade the court to find in his or her favour. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The Indian Evidence Act,[1] originally passed by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. 2) The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002. The Act applies to all States and Union Territories of India except Jammu & Kashmir. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The first application was given to a Pune police station. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens. Central Government Act 3) Section 22 in The Right To Information Act, 2005 22. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 4) The honble IC has clearly indicated i) Section 4(1) (d) does not apply to a judicial proceedings conducted by a Court or a Tribunal as it refers only to administrative and quasi-judicial decisions of public authorities. ii) The non-obstante clause in Section 22 of the Right to Information Act does not,repeal or substitute any pre-existing law including the provisions of the Income Tax Act concerning dissemination of information iii) The appellant cannot take recourse to the RTI Act to challenge a judicial decision regarding disclosure of a given set of information, which properly belonged to the jurisdiction of that judicial authority. If the appellant is aggrieved with the decision of the ITAT, the remedy lies elsewhere. iv) It is reiterated and made clear that the RTI Act is not intended to come into conflict with a judicial decision regarding disclosure of information. Section 8(1)(b) of the Right to Information Act, 2005 makes it very clear that the information which has been expressly forbidden to be published by any court of law or tribunal cannot be disclosed as any such disclosure is also within the exemption clause. v) In a recent decision High Court of Madras in The Suprintendent, High Court Vs. The Registrar, Tamil Nadu Information Commission and M. Sivaraj has held that “ 18. Therefore, Section 22 of the RTI Act cannot undoubtedly override Section 126 of the Indian Evidence Act.” The reading of the non obstante clause in Section 22 of the RTI Act has to be so interpreted that preamble and enabling provisions of the RTI Act will be given plentiful and bountiful meaning only when there is no statutory bar of any kind in providing the information. The rule of Construction demands that so long as the provisions exist in the Statutes, they have to be given effect to by harmonious construction. Both the statutes will be allowed to have the space without contradicting each other. In the given facts, Para 14 and Para 15 of the 2007 procedure cannot be overwritten by the RTI Act 2005 as it occupies the field in the way other subordinate legislations occupy the field. The Commission is also in agreement with the averments made by the CPIO that irrespective of the fact that the application is accepted or rejected by the Settlement Commission, it does not alter the character of the information. 5) In CIC decision CIC/AT/A/2009/000755, it has been held as follows:¬ Section 79 of the Indian Evidence Act states that certified copies of public documents including public records of private documents shall be accepted as original evidence in courts of law and shall be presumed to be true From this, it is quite obvious that certified copy has a definitive meaning as a legal expression defined in the Indian Evidence Act. The use of this expression in the RTI Act cannot be disconnected from its original meaning as contained in the Indian Evidence Act. It follows from it that the eligibility of an RTI-applicant to take certified copies of any information will have to conform to the definition of certified copy in Section 76 of the Indian Evidence Act and can relate only to such documents as mentioned in Section 74, i.e. public documents. Section 2(j)(ii) of RTI Act speaks of an applicant’s right to “taking notes, extracts or certified copies...”. These workings make it clear that each mode of disclosure of information, viz. “notes”, “extracts” or “certified copies” is separate and independent. IT follows from it that, given the type of documents demanded by an applicant, he shall be provided “extracts”, “notes” or “certified copies” depending upon the nature of the documents, his right to take “certified copies” has to be decided in terms of documents which are liable to be given out as “certified copies” consistent with the definition of this expression as found in the Indian Evidence Act (Sections 74, 76 and 79). “Certified Copies” is an exact legal expression and cannot be used loosely as ‘attestation of documents’ or ‘true copy’ of any document. It is noteworthy that Section 2(j) of RTI Act does not authorize an applicant to receive “attested true copies” of a document but only its “extracts”, besides allowing him to “take notes”. Since certified copies can be given out only for certain category of documents as listed in the Evidence Act, it follows, that for all other categories of documents, a citizen can only claim “extracts” or “notes” and not their “certification” as “true copy”. 6) It has to be kept in mind that each act has to be given harmonious interpretation keeping in mind the "mimansa" principles of interpretation . we may read the following blog for more details SATYAM BRUYAT - Justice Katju : The Mimansa Principles of Interpretation — II 7) The beauty of both acts is that they complement each other in a way that it is only possible to give a "harmonious" interpretation to each act as "none" of them have "non-obstanate" clauses. Hence although the evidence act is 1872 and the rti act is much later, "evidence" helps to lay the foundation of "justice" and the RTI act sets to codify "justice" in the form of "evidence". They cannot be substituted, but cannot live without each other in an "ideal world". CJ
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