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  1. 2 points
    Sorry the file is not available for opening in my system.
  2. 2 points
    Your drafting is good and even an expert can not suggest better points. Just mention the subject matter with more clarity in one sentence. Complaint dt........................from......................against dy. Registrar, orders Ref....................No....................Implementation status. The queries are more than enough. Congratulations for perseverance in focussing on many issues as required in RTI.
  3. 2 points
    Always remember that it is the forum that has facilitated us and inspired us. The credit should go to the forum and we are very small wheels.
  4. 2 points
    Attending personal hearing during the first appeal is not mandatory. I am not aware as to how PIO can ask you to appear for personal hearing when you have filed appeal before FAA. You may politely explain the same difficulty in writing by email to FAA and request him to excuse you from personal hearing, and pray for delivering orders supported with such reasons on the basis of record and grounds already stated in the first appeal. You may also file your arguments in writing and request him to consider the same for deciding the appeal. Do not be disturbed by the simple procedure, as personal hearing is not required in appeals under RTI.
  5. 2 points
    The demarcation by local authority as Residential, agricultural, industrial, commercial etc., matter and not your personal use of the land.
  6. 2 points
    What is the link between this latest post and your issue on inspection, as PIO has provided the opportunity of inspection and after FAA orders?
  7. 2 points
    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.
  8. 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.
  9. 1 point
    As per definition of CP Act, the RTI Applicant is a consumer, no doubt. Cases were also decided by District Consumer Forums & NCDRC. It is a fact that all efforts made and how SC has not even entertained RP against NCDRC decision. Finally the SC has rejected the Appellant's plea against NCDRC. But pending all this, it is surprising that the Karnataka State Information Commission and A.P. Information Commissions have issued instructions in the year 2011 and 2012 to the State Consumer Redressal Forms of Karnataka & A.P. "not to entertain RTI Petitions under CP Act' and on the basis of these instructions, the District Consumers Redressal forums in these States are not entertaining the RTI Petitions under CP Act, 1986. .
  10. 1 point
    You have never stated about the incomplete inspection and their orders for completing the inspection on some other day. Unless you get a confirmation in writing about the day, time and contact officer, never visit public authority's office. The security is performing its duty. They have to contact the concerned officer over the phone, prepare a pass with the signature of such officer, mentioning the purpose of the work, duration, etc., and after inspection, the concerned officer has to sign the pass and it should be returned back. You can also register your visit in the Visit book kept at the security gate. When you are in RTI, do not think of saving on postage as personal visits frequently to a public authority is not advisable. You are fortunate. Once I went for inspection to a Ministry at New Delhi after receiving such written permission, the concerned Addl. Secretary left to Dehradun for training. After traveling 32 hours I returned back empty handed and reduced the ordeals in writing, but there is no response from Addl. Secretary. These harassments are usual with Public Sector Oil companies and those officers are located far from the city in outskirts where you do not find transportation and even drinking water. The security personnel permits a citizen only if he is having a valid pass. Focus on information, these are most common.
  11. 1 point
    You can file RTI Application to State public Information officer TSCB and can solicit the information as follows: Information solicited: 1. Please provide the status of various projects undertaken by the board for construction of houses in the .......District. 2. Please provide the Brochure/Booklet/Circular that states the norms for allocating such houses. 3. Please provide No of applications received, accepted, rejected and finally selected, a vacant position as on 31-3-2019. 4. Please provide a copy of the beneficiaries list. NB: Please provide that information available in electronic data through CD and if the information is in hard copies provide that hard copy. Note to search website of TNSCB for format of RTI Application, CPIO particulars and RTI Fee mode of remittance.
  12. 1 point
    It appears that there was a technical snag on 14th and 15th Apr, 2019 and it might have been corrected by now. The site is functioning properly since 15th Apr, 2019 evening.
  13. 1 point
    Hello friends, I was trying to visit our website i.e. rtiindia.org from past few days and i have seen that website not opening on any platform . is it happen with everyone. Also if it was an any technical problem i am requesting to admin pls fix it.
  14. 1 point
    You have to adhere to grounds for appeal mentioned and for your immediate attention the following guidance was tendered earlier. If the first PIO mentioned about First Appeal particulars, make a representation to him that both PIOs are passing on the ball game with the citizens and when the officials are not themselves aware of the fact shows the ignorance of their own departmental affairs and throws a bad light on the efficiency of the officers. Request him to direct the relevant PIO to provide the information. As this is not the first time and as you have attended one first hearing with FAA with GPT there is no need for further guidance. Brimming with confidence, good appearance, polite attitude, not complaining individually, focusing on information alone, filing written arguments immediately after FAA hearing certainly betters the chances.
  15. 1 point
    Sir, towards my first appeal the FAA has asked me to attend hearing on 18th April, please help me with good points in this connection.. Since EESL and Goa electricity department is playing ball pass on game towards the information I have asked.. Sent from my vivo 1606 using RTI INDIA mobile app
  16. 1 point
    File RTI Application to SPIO, Meerut Municipal Corporation as per UP RTI rules and get the information. Search website of Meerut corporation for such procedure of RTI. (They have a prescribed application format and adhesive court fee stamp of Rs.10 has to be used as RTI fee)
  17. 1 point
    In the post you have asked for "Strongly worded RTI Application" and in content, you have asked for strongly worded letter/complaint. I am not aware as why anyone wants such strongly worded correspondence to any Government official and to my knowledge such strongly worded creates bad relations with Govt. First, Officials are irritated by RTI Application that questions their actions and explanations, and if it is in strong words, they go into shells and never co-operates in the matter. In my experience, I have never found a favorable response for a strongly worded RTI Application and never heard that such strongly worded application gets an immediate response. Under RTI information should always be the focus and building up personal relations through simple, polite and pointed correspondence fetches respect. You have to file a simple grievance application through Regd post in simple A4 size paper. First step-Lodge grievance by Registered post. I have sought reconstructed property card for property no................................situated at....................in the name of ................from......................, submitted all documents required/demanded from the department and submitted the application on......................... There is no response from your department even after......days. Hence this grievance petition praying for providing the reconstructed property card as expeditiously as possible. 2. Seek information and create a record of your efforts. after 10 days from grievance petition In your case the two queries for RTI are simple 1. Please inform the time frame fixed for reconstructing of property card from date of receipt as per citizen charter. 2. Please inform the reasons for the inordinate delay in providing reconstructed property card to......................as per his application to...... 3. Please inform the list of further documents if any that are required in addition to already provided documents since 1940 According to me, this information is more than enough for your purpose. 3. A complaint before Consumer forum for deficiency of services by dept., even after collecting consideration of Rs....as fees. If you have paid any fees to Public authority you are entitled to get such property card, expenses incurred, complaint expenses and compensation for harassment. You have to send simple Registered notice under CP Act and after one-month file simple complaint enclosing the copy of Notice of CPAct notice and service proof. You need not to pay a single rupee for this exercise and may have to spend not more than Rs.200/- towards stationery, typing, and postage. The format is simple. To .......... office of...... Complaint under CP Act.dt......... I...................s/o.............aged........years resident of ...................do hereby issue this notice/File complaint against............dept., I have sought reconstructed property card in lieu of mutilated property card from.................., remitted Rs.......as consideration/fees and provided all such documents necessary and demanded by dept., The dept., has to provide such duplicate card within a time frame of .....days as per citizen charter. As dept., was negligent in not providing the card even after....days there is a deficiency of service. If the card is not provided within a month from the date of this notice, this complainant will be forced to file a complaint in District consumer Forum praying them for directions for issuing the card, reimbursement of costs incurred for travel and time spent and compensation of Rs.25,000/- for harassment. Complainant. Control your emotions, have patience while dealing with such lethargic officers and continue your perseverance as haste spoils the results.
  18. 1 point
    You can not file the second appeal to SIC but you can only file a complaint. For filing the second appeal there is a prescribed time frame after the first appeal whereas for complaints it can be within a reasonable period. When you have not filed the first appeal you have to go for complaint only after receiving such information from Ministry of Sports and youth affairs that association is receiving such grants for sustenance praying commission to declare the association as a public authority. Before filing application (not petition) go through the website of Ministry for RTI rules and regulations.
  19. 1 point
    When the association claims that it is not a public authority, you can not get any information from them unless you are persistent to go into the funding of the association and make a complaint to State Information Commission and getting a decision for the association to be declared as a public authority. If you are aware of how the association is running with majority Government assistance make a complaint disclosing their expenditure and grants received. If the association can not run without the assistance of grants/finance then file a complaint to SIC and pray for bringing the association within the ambit of RTI Act. Every organization is not a public authority. Those organizations that receive substantial assistance from Government without which it can not survive are only within the ambit of RTI Act. Study whether such information has to be reported to any Sports Authority or Government depts., as control statement so that you can seek such information from that controlling government department.
  20. 1 point
    The rights of the consumer against a bank is more powerful and have several remedies which are more speedy, certain and less expensive like Banking Ombudsman and Consumer forum. It is not the strong language that matters but simple complaint focusing on the main issue in simple English. Brevity is always a virtue and strong language brings more enemies. Salt and pepper have to be used in moderate ways and excess spoils the dish.
  21. 1 point
    When the statute prescribed a maximum 30 days, PIOs wake on 28th or 29th day after receipt. Have patience for at least 35 days from the date of your posting and then go for an appeal, as there is no reminder business stated in RTI Act.
  22. 1 point
    You can search in blogs of UGC/AICTE/HRD directives mandating that no college should hold original certificates of discontinued students, and refusing to return original certificates may compel them even to cancel the recognition. Govt has treated this as very serious. Hence issue simple Registered notice to Principal and demand for the return of certificates within a week. Regd Notice To Principal ............... I,.........................................s/o......................aged, a student of ............year of..............- residing at...............................(full address) .do hereby demand for return of all my original certificates provided to the college for verification within 15 days as per UGC/AICTE/HRD orders, failing which I will be reluctantly constrained to file complaint to UGC/AICTE/HRD for suitable action for violation of their directives. In case of delay, I may be forced to file a complaint before District Consumer Forum for deficiency of services as certificates were handed over for the purpose of verification and not as security towards future fees. .................................. Complainant. Copy to University Grants Commission, New Delhi, Copy to AICTE, New Delhi.
  23. 1 point
    There is no Guru and no sishya in the forum, and all members travel together and exchange knowledge. Once you acquaint with basics, kindly help others/new RTI applicants with your experience in RTI.
  24. 1 point
    Members can not provide guidance on mere assumptions. To avoid such rejection in the information solicited larger public interest was also stated. Let the PIO respond, and if the denial is with justification that there is no larger public interest in misusing/abusing of public funds, you can go for first appeal to First Appellate authority of the same organisation and later second appeal before Information commission, for which you need not incur more than Rs.60/- towards two pages of typing and two registered posts.
  25. 1 point
    A OO is available on DOPT website issued by Ministry in compliance of Superem Court orders.
  26. 1 point
    Wait for a month and then file RTI Application to Municipal Engineer seeking information on action taken your complaint. Search in our Blog section to file such templates for RTI Application on taking action against complaints by Shri JP Shah.
  27. 1 point
    An application seeking information under RTI Act has to be filed before the designated public information officer of that public authority. If MC or DMC offices have such designated public information officer, you can file applications before them. At the same time, you should not stop the already commenced process of RTI treating that PIO has not provided information and continue the process through first and second appeals in time. Please go for the first appeal to FAA of those SPIOs who failed to respond to your earlier RTI Application on grounds of deemed denial. Grounds for Appeal: The appellant has solicited information from SPIO on......, till today, even after....days from receipt of RTI Application there is neither information nor denial from SPIO. Treating the information as "deemed denial" , this first appeal. PRAYER: Appellant prays for directions to SPIO for providing the information free of cost as expeditiously as possible and he can be reprimanded for his negligence and failure in performing his duty and statutory obligations.
  28. 1 point
    Don't you think that it will be most proper to guide our other members also (at least often )for some time and establish yourself as Activist in Directory? (This is not mandatory but you can become familiar and can establish yourself with such good guidance. Sorry for interference as a common member, it is the RTI team that has to take a decision )
  29. 1 point
    If you are confident that you can point out deficiency with more clarity for further use you can issue the notice. But, if you want to ensure that the Notice is pucca in all respects, approach through an advocate. There is no rule mandating that consumer should only issue a notice or only his advocate. A notice has to be issued giving an opportunity for another party to explain his position in writing and he is not expected to go back from reply notice after filing a complaint. and take a different stand afresh.
  30. 1 point
    File RTI Application to Goa Secretariat and get that copy of their powers. Information solicited: 1)Please provide that part of the copy of record/statute /Circular/order/rule that states the number of deputy chief ministers that can be appointed in a state.
  31. 1 point
    Serving notice is fundamental and a part in case of the cause of action.
  32. 1 point
    I have not seen your latest post: If CPIO has provided such information, then it amounts to providing incorrect and false information to deliberately mislead appellant and to shield criminals from abuse of such funds. If the presence of such assets were true, then also by not providing those assets for inspection appellant was mislead. Prepare those grounds and go for the first appeal. Keep CVC matter pending till FAA orders.
  33. 1 point
    The role of RTI ends here, as authorities have not explained possible reasons for the discrepancy and also not disputed the facts that discovered in your inspection. As a formality go for an appeal, if possible ask for a personal hearing and escalate it to CIC. No official wants this to be published and known to all. Invariably mention this as larger public interest as there was abuse/misuse of public money and serious irregularity. At the same time complaint, this to CVC and enclose the copy of invoices, your inspection report, their response as documentary evidence. Make the complaint point wise as brief as possible and always commence your sentence as per Encl: .... Ex: Complaint on irregularities and abuse/misuse of Government funds / Property. Against: Complainant. Respected Sir, The complainant wishes to bring the facts on irregularities and malpractices going on at ........................and a sample inspection on....revealed the following. 1. As per certified copy of Encl:1, the authorities purchased and taken delivery of items valued Rs... 2. During the physical inspection, it was found that several items were found missing.. The inspection report duly acknowledged by the competent authority is Encl: 2. The articles may have not been purchased or after purchase and delivery, they might have stolen by insiders. A theft is ruled out as the matter has not complained to any higher authorities or Police. 3. An application under RTI was made to know the reasons for missing of Government property and the application is Encl 3 4. The authorities explanation is En:4 and I found it as not satisfactory and the missing property was not disputed. PRAYER: As this shows only one invoice items, it is suspected that these are not isolated and these types of irregularities are common and ignored by authorities for reasons best known to them. As the property involved is of Government, the matter is being brought to your attention for due investigation in the issue and to save the property from such misuse/abuse in the larger public interest. Complainant prays for providing the certified copy of Action taken report from CVC without further follow up through RTI. Complainant. Encl: 4.
  34. 1 point
    Please search in google and you can find how the interest of WB is highly protected and taken care of. Since several years, all authorities (Central Government) are following the stipulations. There is a confusion among public that unless it becomes an act it can not be implemented which is far from truth and a misconception. Whether some thing is enacted or not, once Govt issues order for implementation in the departments, it is binding on all authorities.
  35. 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
  36. 1 point
    While filing an application under RTI please adhere to RTI Act alone and do not club other things. You need no judgments of higher courts for seeking information at SPIO level. Just seek single sentence information to District Deputy Registrar. Information solicited: 1. Please provide action taken by Dy. Registrar on DDy.R orders to conduct an inquiry and follow up action taken for implementing orders for inquiry. 2. If an inquiry is conducted, please provide a copy of such report. 3. If an inquiry is not conducted, please inform proposed action to be taken against subordinate for wilful subordination of lawful orders of superior on 7, March 2019. Please have patience and wait for at least one month for implementing the orders of a superior. Also, appreciate the workload due to elections and do not pressurize authorities and allow at least two months from the date of orders. For the proposed RTI application search Shri JP Shah's Blogs. for such sample format on no response received on a complaint and modify the same to suit your requirement.
  37. 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.
  38. 1 point
    Unless the contents of GO Maharashtra circular sankirn2018/ pra.kra. 45/ karya 6, dated 26/11/2018, is known, it is difficult to provide guidance. The guidance provided to you was the General practice under RTI followed since enactment of RTI. The SPIO should give two optional dates. The applicant should specifically mention the specific files he has to inspect. For inspection, the filing of RTI Application according to me is mandatory.
  39. 1 point
    Private entities are beyond the ambit of RTI Act. This forum is dedicated to guiding citizens for seeking information from public authorities under RTI Act. The two options available to you are closing the account or making a complaint in their online forum and then filing complaint before District Consumer Forum after issuing a Regd. Legal notice.
  40. 1 point
    Those societies that are receiving a substantial contribution from the Government, without which they can not survive are only under the ambit of RTI. You can seek any information from those controlling authorities if that society is under obligation to report as controlling measure or for compliance of Govt direction. Those records submitted by that organization to public authority becomes a public record of that authority. You have raised the query with a caption " Can I put up my query in Hindi? and posting now as to whether a society is within the ambit of RTI Act or not. You can still file an application for confirmation ..File the application in prescribed format applicable to that organization, and on envelope write the address of the Authority and not Public Information Officer. If the organization is not within ambit they may state such reason and return the application. Apart from this, if you are a member, you have every right to seek any information from Society. (General, not RTI) without such fees.
  41. 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.
  42. 1 point
    Wait for the response for 30 days from receipt of your application by CE-PIO and let them decide as to who is the custodian. If the first PIO mentioned about First Appeal particulars, make a representation to him that both PIOs are passing on the ball game with the citizens and when the officials are not themselves aware of the fact shows the ignorance of their own departmental affairs and throws a bad light on the efficiency of the officers. Request him to direct the relevant PIO to provide the information. Search website of CE for the first appellate authority's name and address.
  43. 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.
  44. 1 point
    RTI applicant is not a consumer as decided by full bench of NCDRC and no forum permits even filing of complaint in the forum. The most contributed thread in the forum is on this issue and go through all efforts made and how SC has not even entertained RP against NCDRC decision. RTI applicant is not a consumer.
  45. 1 point
    This is the proper way of correct usage of RTI Act.
  46. 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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