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Showing most liked content since 06/04/2020 in Posts

  1. 2 likes
    Relevant para: Decision of the Commission Any person (even non advocate) can appear on behalf of information seeker Appearance has to be authorised by the Commission Person appearing can charge consideration for his/her appearance PIO can be represented by Advocate Any party can be represented by an Advocate Coming to practice many High Courts appointed a permanent counsel before Information commissions (State/Central) and they handle each and every case pertaining to any court in the state. In case of CIC, in some cases two advocates represent one for PIO and another FAA of High court. Those senior counsels appoint junior most and he spends entire time at ICs office and manage their affairs. One can understand the time and expenses involved as it takes minimum two days for any CPIO attending to CIC, but CPIO not personally attending the cases is not proper implementation of RTI. The attendance is a routine matter and there is no such thing as authorisation. Infact no one verifies even such letters.
  2. 1 like
    Please check the RTI template available for seeking information on roads, on the following link, and see if it helps: https://righttoinformation.wiki/guide/applicant/application/sample/road-work
  3. 1 like
    RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
  4. 1 like
    The application drafted by Hon'ble Prasad Ji is excellent, however, there is just one small correction, the DoPT Rules (which pertain to Central Govt.) are not applicable to a State Govt. unless the place is a union territory. So you can say: 1/Please provide me photocopies of General Diary from 1st May, 2020 to 30th Jun,2020 with due certification as per section 2(1)(j) of the RTI Act, maintained at.................PS as expeditiously as possible. The necessary fees will be paid after receiving such calculation sheet from SPIO.
  5. 1 like
    Post the relevance to context -Uttar Pradesh rules are available in our forum. Search.
  6. 1 like
    Is this query and neighbour's fight are inter related ? If so you can ask the police to demand for filing their documents
  7. 1 like
    They feel that they are the most busiest persons and they wanted to help you both and who ever prevails more can get benefit. When you have given complaint, it was registered. When he has given, they have registered his complaint also. Impartial. This is the problem with neighbours fights. No one can get justice and they with their families for further generations live like enemies. Not connected to RTI. Contact advocate and protect yourself.
  8. 1 like
    Registration records are treated as Public records. Any citizen can file prescribed application for seeking such copy and must provide full details like SurveyNo....extent House NO....Assessment No document No, year. The maximum costs for getting such certified copy may not be more than Rs.250/-. You can go to jurisdictional registrar office, and there are consultants that can help you and get such CC within a day. The issue is not simple as you think. Possession and enjoyment is more important further to title. Also obtain EC for 12 years. Always use professional services of Advocates or consultants in those money matters where you invested hard earned and precious money in assets.
  9. 1 like
    Yes Sunil ji, you have understood my question correctly and thanks for the response, I'll consider the 2nd appeal, asap Thanks to both of you 😊
  10. 1 like
    Prasad Ji, If I understand it correctly, the poster has stated that the FAA has approved his first appeal and directed the PIO to provide all the requested information, however, now the PIO is taking umbrage under the pretext that: Yes the FAA has passed an order but I shall not provide the information for the time being since Covid19 is going on. So now the PIO is not denying information but is delaying to provide it on the ground of Covid19 .. therefore the question of the poster maybe: What can be done about it?
  11. 1 like
    For learning RTI, it takes just one hour through this forum. No legal expertise is necessary to know about RTI and every one and any one can become expert in RTI within few hours by becoming members and reading very few sections in RTI that is relevant and contents are just one page of A4 page.
  12. 1 like
    Believe me, you can get things done and instead of depending on others, you can teach RTI to others if you become a member and seek guidance. The promoters of the forum kept a treasure of knowledge and you can mine each and every thing in RTI from this mine. Learn and teach-Never depend on others..Do not spend time and money never depend on any outsiders.
  13. 1 like
    Sir, Public property was registered by neighbors as an ancestral property of them. I have applied certified copies read all the pages no survey number is mentioned in that registered property no link document attached to that property. May i file RTI regrading this issue to Sub registrar office to provide the certified copies of link documents which were not registered this information i have asked to Sub registrar office to provide certified copies of the link documents they said is not possible to provide the link document deed is not registered and also may i also file a RTI application reason for not mentioning survey number on that registered property. Is their any possibility is there to file complaint against Sub registrar for above issue , after registering the document if there is any possibility to cancel the registered deed on above higher officials of Sub registrar . Thank you.
  14. 1 like
    RTI is not that easy, and by clicking a button you can never get information on second appeal. It may take more than 2 years for the present or more and the result in your favour is uncertain. So, it is most necessary to construct such second appeal. When you have your own reservations to upload query, and resonse without names, we feel sorry for not guiding you precisely.
  15. 1 like
    I am sorry, some thing is missing in communicating the facts. FIR is a public document that has to be uploaded in website and the denial of such FIR copy under Sec. 8 (1) (j) is unknown. 8 (1) (j) is on providing of information of third party and while denying information, the PIO is expected to obtain Third party comments also.Without such justification and third party comments, the denial is not proper. This is certainly a good ground for appeal. (You have in your first post stated that information was denied on pending investigation point) The First Appellate Authority is a superior over Public Information officer and they both belong to one dept., In view of this if appellant is not satisfied with FAA orders, he must go for second appeal if the information is urgent and important. The purpose and objective of second appeal is to assure citizens that there is an indepedent party that can take care of citizen's right, You have neither copied and pasted information part or PIO reply part and give different versions of denial in different posts and want whether CIC can entertain the second appeal. If it is Police, the FAA order stipulate as to the Second appeal authority and his address. Defnitely it is not CIC and it must be State information commission (if not UT) RTI bare act can be downloaded free or a book in your mother tongue can be purchased. Please go through Sec.8 and Sec.19 and learn basics as you can teach others also.
  16. 1 like
    Unless you specify the information exactly solicited by you and exact PIO reply it is difficult to guide. It is true that when the investigation is in progress, PIO need not provide information as per Sec.8 (1) as providing information may impede the progress of investigation.. The most important point here is the justification part. PIO has to explain as to how providing that information can impede the progress of investigation. If he fails to give justification, it amounts to deliberate and malafide denial and you can prefer second appeal to State Information Commission.
  17. 1 like
    Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so. To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site). Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years. Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf Second_Addendum_w_Appendices_29th_Feb_2020.pdf CIC-SEBIH-A-2017-139953-BJ.pdf Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf Draft_Talking_Points_for_the_Hearing.pdf From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf thanking_CIC_post_decision_Redacted.pdf
  18. 1 like
    If there was a system of providing certified copies for a fee, before enactment of RTI, it should prevail. There was such a procedure of providing certified copies of registered documents at Registrar's office prior to 2005. So Registrar office for getting certified copies is beyond ambit of RTI Act. To get certified copies of any documents basic necessities are Year. Registration No. Book No... volume No....Folio No. Without these basic facilities, you can not get any certified copies. However certain professional can search the records and find out the details and only professionals can do that. The search fees are nominal. Even in RTI you have to specify minimum details . Unless a document is registered you can never get an entry in Registrar's books. The only source is revenue dept., the neighbours old documents that state the owners of their boundaries. The document registered can be filed only by Court on filing a declaration suit. If it is a public property, and if there is no claim, it becomes the property of the possessor who is enjoying the property for 30 years. First chart out a plan and make written complaint to that Public authority that owned the land and send it by registered post. First step. After one month file RTI Application seeking information under RTI Act on action taken on your complaint and developments, with present status. With all this, file a PIL before High court and let the law take its time.
  19. 1 like
    First Appeal dt.9th Jun, 2020 under RTI Act Before : First Appellate Authority, Indian Oil Corporation, .... Against: CPIO, Indian Oil Corporation. Appellant: ......................... Grounds for appeal: CPIO has not applied his mind properly and evaded information. 1.The agreement with such dealer is uniform and not exclusive between that dealer and IOC alone. When it is uniform format, providing such format in no way harms such competitive position. The agreement between a Central GOvt PSU and a public utility dealer is never a document of commercial confidence as there is no economical or intellectual property secrets or rights. This is uniform format and many oil companies since enactment provided such format . CPIO rejecting without justification is not proper and legal. 2.The delivery slips are enclosed for information of FAA. There is no clarity and CPIO may be advised to provide such slips that are clear and legible. 3.Area of operation is not linked to agreement. Every Central Govt. PSU must release advertisement and specify in notification about the jurisdiction of the appointed dealer and this jurisdiction is in no way connected to agreement at any stretch of imagination. It appears that CPIO is bent upon denying information and invented such absurd excuse to deny information. There should be clear demarkation of jurisdiction and public must know the jurisdiction of any dealer. 4.There is no response to Q4..CPIO must either provide the information or deny information stating such exemption in Sec. 8 (1) with justification. CPIO has neither provided information nor denied information and remained silent and this is treated as deliberate, malafide and deemed denial. Prayer: Appellant prays for directions to CPIO for providing the information as expeditiously as possible free of cost. Appellant.
  20. 1 like
    File on line application to RBI and seek information as follows: Subject on information sought: Latest directives/guidelines on maintenance of ATMS for convenience of Public. Information solicited: 1.Please provide the copy of latest notification/circular/guidelines/directives on maintenance of ATMS for the use of Public by Commercial Banks. If you are a customer of ICICI, lodge on line grievance.
  21. 1 like
    You have to list out the files not provided for inspection and get such acknowledgment. You ought to have clear idea of files to be inspected. The following guidance was specifically given to you and there is no such listing out of files not provided. Now you may file a complaint to CIC and take a chance. Make this complaint a copy to CPIO and FAA. Hon'ble Information Commissioner, Central Information COmmission, New Delhi. File No... Decision No...dt. Public Authority: Complainant: Complaint on not providing of important files for inspection as per CIC decision. 1.In larger public interest, as per CIC decision, CPIO has permitted inspection on........................ 2.This is to inform that " ammonia storage' certain safety precautions to avoid hazard to workers and Public. The following are some of the documents that must be present in the file but those documents that speak of safety precautions were not present in the file. i ii iii 3.CPIO was asked about those documents that are mandatory to sfafeguard the health of public and workers and CPIO has informed that he has shown all the documents that are in the files. 4.It is submitted that the very purpose of inspection under RTI is defeated, when certain information is withheld to conceal and suppress information that affects public health. 5.Complainant prays for directions to CPIO to provide inspection of the above documents. Complainant. COPY to CPIO: Please take this as complaint and also as fresh RTI with specific purpose of studying the mandatory files/documents that are required for safety of Ammonium tank. Necessary fees will be paid immediately at the time of such visit after receiving such permission for inspection for the second time..
  22. 1 like
    Your query is in the nature of seeking a legal advice, kindly post it on an appropriate online forum where legal advises are offered alternately you may get in touch with an advocate in your locality. This forum is dedicated for queries pertaining to seeking information under the Right to Information Act, 2005.
  23. 1 like
    You may file a first appeal with the grounds, that you had asked for specific information, that invoking section 2(j)(i) for inspection of information is a prerogative of a citizen, and that a PIO cannot compel an applicant to take inspection before providing the same.
  24. 1 like
    Go for First appeal and state that CPIO has to provide the information in the form information was solicited and it is not proper on CPIO to offer inspection, when information was solicited in the form of replies/copies. Members are not competent to suggest / offer any guidance unless queriest post the actual query and actual response.
  25. 1 like
    The website of CIC has reproduced the definition of information as given under section 2(f) of the RTI Act (emphasis made bold and underlined): I would like to draw your attention to the word emphasized by me in the definition of section 2(f) above, which is the word "including" The use of word 'including' in a statutory definition, as per the well recognized principle of 'Interpretation of Statutes' means that the definition of section 2(f) is an inclusive and not an exhaustive one. Exhaustive definition means that all the items are enumerated and none is left for imagination; Whereas Inclusive definition, means that it gives a general description / a general idea of what is covered by that definition (i.e. kind of illustrative examples) and that the definition is not exhaustive, but there could be other such similar items which are also covered under that definition. In short: Exhaustive definition - Everything covered none left. (for example A, B & C) Inclusive definition - Examples enumerated are covered and other such similar items which are not named therein are also covered (for example A, B, C and other such items) And so section 2(f) of RTI Act has just given some examples of what is covered under the definition of information and that is not all but other such items are also covered, therefore, log books and data material are some such examples. By the way, the words 'data material' has been used in the context of electronic form, which means 'electronic data'. Hope that helps clarify the mystery surrounding the definition of section 2(f) to some extent!
  26. 1 like
    Learn RTI yourself , commence from DOPT and seek information as follows: 1.Please provide me certified copies of orders/circulars/notifications that state of log books, data material definition. Any citizen can seek inform in the form of 1.Inspection of such records 2.Copies 3. Certified copies 4.In the form of information in the form of a letter.5.Electronic data ( compact disk) It is great that you are evincing more interest on rejection of information from BSNL and going through CIC website. Sure that you can become a perfect RTI Activist with few more attempts.
  27. 1 like
    This appears as a private civil complaint with your neighbour. RTI Act shows the way for obtaining information available in the form of material record with public authority and provides that information to citizens if it is not exempted under Sec. It appears to me that your query is beyond ambit of RTI Act and only local advocate can provide a remedy for your problem.
  28. 1 like
    Please upload CIC decision and post the story as success story. After terrific gas leakage at Vizag, these kind of Larger public interest applications brings into light the deficiencies of the units much early. You are a lay man, and you should be accompanied by an expert of some voluntary organisation and the report you submit to them MPT may bring several safety violations . Search on line for such expert in any voluntary organisation.
  29. 1 like
    CIC has passed the order on 8/5/2020 to allow me for file inspection regards to all the safety information for ammonia storage tank and directed Mormugao Port Trust to help with the all documents at free Of cost with in 30 days! I have also instructions from CIC that I can take any one person from my side during the time of file inspection! THANK YOU RTI INDIA FOR ALL ASSISTANCE AND SUPPORT! ??
  30. 1 like
    DoPT issued clarifications, revisiting its previous instructions on uploading RTI Applications, Appeals and decisions on official website of public authorities vide its OM No. 1/1/2013/IR dated 07/10/2016. DoPT Clarified that the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address,e-mail id and telephone no. including mobile no. of the applicant. Copy of the OM can be accessed here >> http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_1_2013-IR-07102016.pdf
  31. 1 like
    Please refer to the blog on the following link and prepare the grounds of your first appeal: http://jps50.blogspot.com/2014/06/justification-for-reasons-for-denial.html
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