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Showing most liked content since 02/26/2020 in all areas

  1. 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 publi
    4 likes
  2. For seeking Information: 1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO); 2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority; 3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission. For Complaining: Consider the following example situations: > There is no available PIO with whom a RTI can be filed, how would yo
    3 likes
  3. 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 pertaining to the XXXX... Kindly do prepare an index and paginate all the information offered to me for an inspection, and suggest three alternative dates for an inspection. In case, I have any difficulty with the dates offered for inspection, I will inform you about the same, and you may kindly do the needful to address the same. Please note that, during the process of aforesaid inspection, I shall select the required
    3 likes
  4. You may get information on Gross salary and name of the workers. Deductions are personal information of third party which need not be disclosed to applicants as there is no larger public interest. Instead let your wife file RTI Application seeking information on such deductions. or discover a way in getting clues by seeking information without names. EX: Please provide details of various deductions made from gross salaries ASHA workers as per laid down norms and how the amount is being sent to those organizations.
    3 likes
  5. Yes, indeed you can get all the information regarding the salary of Asha Workers. You need to focus on two things 1. Where to file 2. What to ask Where to File You should file RTI with the Block Development Officer of your area.If in doubt, it can also be filed at the District Collector / Deputy Commissioner office What to Ask You can file an RTI asking for the salary certificate of all the Asha Workers. You should also get the Payroll copy to understand the actual amount that has been debitted. For the documents, generally Asha Workers sub
    3 likes
  6. I strongly condemn this attack. Such attacks have occurred in the past as well, and there is no way to ensure that it won't happen again with someone else. I feel its time India thinks on the following lines. 1. Create separate ministry of RTI in Central & all State Govts. 2. Ministry to be managed by a group of Public Body, not by any one Elected Representative. 3. Create a Spl Dept of RTI in office of every Public Authority. 4. This Dept be kept beyond Jurisdiction of concerned Public Authority 2 avoid bias. 5. Atta
    3 likes
  7. File a second appeal and apart from other grounds that you may take also add the ground of public interest and quote section 8(2) of the RTI Act: Section 8(2) is reproduced below (emphasis added):
    3 likes
  8. A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
    3 likes
  9. 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.
    3 likes
  10. 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.
    3 likes
  11. The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below: As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights. It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the c
    3 likes
  12. You may file a first appeal on the following grounds: 1. I would hereby like to draw your kind attention to the recent decision of Hon’ble Supreme Court in Transferred Case (Civil) No. 97 of 2015 (Arising out of Transfer Petition (Civil) No. 716 of 2012) in National Bank for Agriculture and Rural Development v/s. Sanjay SitaramKurhade, wherein the Hon’ble Supreme Court has upheld the reasoning given in the CIC Decision No. CIC/SG/A/2011/002405/16514, the relevant extract of which has been quoted below for your immediate reference and perusal: “The PIO has denied the information
    2 likes
  13. To, Mr. XX, (Name, Designation, Department, Address etc.) Subject: Seeking assistance u/s. 5(4) read with 5(5) for providing information under the RTI Act, 2005. Dear Mr. XX I hereby seek your assistance under section 5(4) for the proper discharge of my duties as a Public Information Officer under the Right to Information Act, 2005. I therefore kindly request you to provide the information requested by the RTI applicant Mr. XX through his RTI application dated: XX, a copy of which has been annexed herewith. Please note that for the purpose of providing inform
    2 likes
  14. It is good to see people helping one another and in turn achieving success in a society plagued with nepotism and favouritism.
    2 likes
  15. You may file a first appeal on the following grounds: 1. As per the provision of section 7(1) a requested information is to be either provided or the request rejected for any of the reasons specified under section 8 and 9 of the RTI Act. The PIO has neither provided the requested information nor specified any of the exemption given under section 8 and 9 of the RTI Act. Thus, the PIO has disposed of my request for information in violation of section 7(1) of the RTI Act. 2. As per the provision of definition of information given under section 2(f) of the RTI Act, documents held by
    2 likes
  16. Thank you dear Sunil Ahya and Prasad GLN sirs. I value your inputs and thank you for the same. Sunil Ahya sir: The FAA has accepted my appeal about the undue amount of time being taken by the CPIO and had ordered that the information be provided in 7 days time. It is only after this that the CPIO has started sending these responses to my RTI. Most of them seem to be pretty much not of much use of of the kind that I had reproduced above. I will appeal the above response to the FAA in the manner in which you had recommended. Prasad GLN sir: Thank you for your suggestion.
    2 likes
  17. The task is identifying the custodian of Information. The second thing is differentiating between a complaint and application seeking information under RTI Act. RTI is not meant for redressal of grievances. RTI is not a destination and it may at the most be a road that leads to destination. The scarcity of water or water problem in your village is a local issue to be settled within Panchayat or maximum block level. If there is on line facility for both Central and state then they may transfer the application under Sec. 6 (3). Always focus on the issue and never divert your at
    2 likes
  18. Congratulations. Post the success story. You have taken so many cases during 2019-20 and this is not a small success. A slap on the face of those public authorities who think that RTI is a time waster and it has given horns to citizens for abuse.
    2 likes
  19. There are well established and powerful unions affiliated to political parties and National presence. When there are agreements between such organizations that are takenover/merged/amalgamated, the workers as stake holders has their own say and every step is taken only with their consent. If there are disparities a member from Labour commissioner's office has the power to intervene and take up their cases. Now when the agreement was completed in 1999, it is difficult to find out such terms and conditions after 2020. You can file RTI Application to Momugao Port Trust and seek informati
    2 likes
  20. There are several conflicting views. 1.The Madras High Court has ruled that irresponsible PIOs should be shown the door. 2.CIC and HC judgment states that a Citizen is entitled to information alone and he is confined only for prayers and other action against PIO are at the discretion of IC. 3.FAA is beyond all, and in one HC Judgment, the HC has withdrawn the strictures passed as there is no such clauses and responsibilities were entrusted in RTI Act. As our Great Guru Mr Karira has stated 5 years back, the Act is on Ventilator with artificial breathing, with some remote s
    2 likes
  21. Grounds for appeal: It was decided in several CIC decisions that when applicant solicits hard copy , it has to be provided in the form in which it is requested, as many common men are not well versed with such downloading procedure and have such mechanism with them. Even if information is denied with such reason (unknown in RTI Act as a reason for denial), the minimum courtesy is providing such copy of link instead of directing the applicant to go through hundreds of such directives. PRAYER: Please direct CPIO to provide the information as expeditiously as possible free of cost as info
    2 likes
  22. During First Appeal Hearing, you can not raise any fresh grounds - Adhere to the Grounds submitted in the First Appeal and establish larger public interest as to how the Temple in the name of lottery has collected such amounts from public. Conducting a lottery is a commercial activity and not connected with devotional aspect.
    2 likes
  23. Please understand the operation of CVC. First there is a screening at CVC level and committee finds out whether there is a prima facie evidence. Then as CVC is just a post office and it transfers the complaint to Vigilance dept., of that organisation and finally the complaint goes to the very person against whom the complaint was made. CVC gives time of 90 days and after another two or three reminders, that organisation may send such report disagreeing and certifying that there is no vigilance angle in the complaint and make some more allegations attributing motives to complainant/ Th
    2 likes
  24. Also, seek a photocopy of: Please provide a photocopy of the permissions granted by the appropriate / concerned Municipality for the construction of the said structure (define the particulars of the constructed structure so as to identify it for the purpose of seeking information).
    2 likes
  25. Send E mail with details to that organisation and seek such result by mail followed by RTI Application as per prescribed format and applicable fees as stated in their website. (All this if public authority failed to upload such results as it is obligation on their party.)
    2 likes
  26. Do you intend to seek information with respect to the remuneration of an employee of a public authority, then the total remuneration figure should be available in the 4(1)(b)(x) of the RTI Act.
    2 likes
  27. Always file application through hard copy by Registered post direct to the Authority, if you are not aware of the custodian of information. Go through rules, affix adhesive court fee stamp for Rs.10/- and file application in prescribed format.
    2 likes
  28. Kindly file a first appeal on the ground that, in accordance with the provision of section 2(f) of the RTI Act, 2005 the PIO ought to have accessed the information from a private body and provided the same to the RTI Applicant. Draft your first appeal by referring to the decision of the Delhi High Court in Telecom Regulatory Authority Of ... vs Kabir Shankar Bose. The said Delhi HC decision is attached herewith this post. TRAI_..._vs_Kabir_Shankar_Bose_on_20_November,_2018.PDF
    2 likes
  29. The grounds for appeal duly numbered as i to vi and prayer was incorporated in the earlier reply. In CP Act, there are two important issues involved. 1.You have to pay some kind of fee, consideration for availing a service/purchase a product. and must have promised or paid that consideration to opposite party. 2.The opposite party after receiving such consideration must have failed to perform his part of obligation that amounts to either negligence or deficiency of service and thus the complainant was deprived of the service assured by OP. 3.Then one has to approach to Dist
    2 likes
  30. You have solicited following information from a Small savings a Public authority. "Please provide the certified copies of the following documents related to the loterries as per copy of lottery ticket submitted here Documents related to general administration, Organisational Structure, Rules, etc Sale of tickets, unsold tickets, Printing of tickets, Distribution of tickets, Prize structure, Lottery Draws, Publication of results, Prize and Agents Prize distribution, Income tax, Revenue collection, Profit and Loss details, Unclaimed Prizes,. The Director of Small
    2 likes
  31. Dear Sunilji & Prasadji Thank you so much. I have filed RTI as per your suggestion. After that they started behaving well. I have already got my last month salary. They have replied by saying they processed my OM also. But have not yet received and therefore I filed an appeal. But I have to say. "The Power of RTI is great". They admitted I have no liability in RTI. They admitted they do not need No outstanding Liability certificate from me. Thank you so much. Rethi
    2 likes
  32. The first question is as to whether the Lottery is having such permissions/approvals/sanctions etc. Now that they have identified public authority, as the process has already started, wait for their response. Depending on their response you can go for first appeal if possible. It is still doubtful whether endowments/temples are Public authority or not. You ought to have asked whether the temple is having such permissions to conduct such lotteries and entire set of documents submitted by them temple authorities while seeking permission if any for conducting such lottery and
    2 likes
  33. It must be an old rule. I remember that DOPT issued circular that every authority State or central must accept IPO fvg.Accounts officer as Uniform practice. I have given many options and you can explore any one and preferably blank and seeking assistance of SPIO in proper filling IPO enclosing a blank IPO.
    2 likes
  34. Kindly check in WB Information commission rules. As per Central GOvt. directives postal orders are to be drawn in favour of Accounts Officer, WBCHSE payable at the place of their office. In some states it is payable to SPIO, also... You can also write in RTI application itself enclosing the IPO in blank and seek assistance of PIO in filling the IPO as applicant is not aware of proper filling of the PO. You can make a telephone call to any PIO and seek such information over phone if you can not trace them from any state authority website.
    2 likes
  35. Dear Sir, What is the meaning of "petitions in composite nature" composite petition 000542_+_543_+_544_+_545.pdf composite petition CIC_KY_A_2015_000175_M_155699.pdf composite petitions CIC_KY_A_2015_001099_M_180064.pdf composite petitions CIC_KY_C_2015_000183_M_180896.pdf composite petitions CIC_KY_C_2015_000208_M_180890.pdf
    2 likes
  36. Dear Sir, I have attached the judgment of the Delhi High Court following the decision issued by the Central Information Commission, regarding “Composite Petitions” composite petitions CIC_KY_C_2015_000152_M_180880.pdf delhi high court judgment.pdf
    2 likes
  37. File a first appeal on the following ground: Grounds of First Appeal: 1. As per section 4(1)(b)(x) a public authority is supposed to suo-motu publish the following information: (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; Thus, the PIO has disposed of my RTI application in violation of the provision of section 4(1)(b)(x). By the way, because of judgment of the Hon'ble Supreme Court in Girish Ramchandra Deshpande's case most the informa
    2 likes
  38. "This route" words used by you presumed as RTI. Your impression may be correct or may not be correct as every thing depends on perseverance. Every route is directed to one destination. RTI is a road/journey to destination and never a destination..
    2 likes
  39. 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 i
    2 likes
  40. Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional. Have ready information about the Public Information Officer (PIO), his designation, address etc. I
    2 likes
  41. Under RTI Act the only right a citizen is having is for information that is not exempted alone and for further appeals under RTI. Imposing penalty against CPIO is absolute discretion of the Information Commissioner, a citizen has no right to demand for such penalty. If the problem is with information writ is the final remedy against IC decision. If for imposing penalty, HC may consider it but HC can not take any action against IC. Waiting since 14 years for correct interpretation of the penalty clause and if some one gets that imposing penalty for violation is mandatory to
    2 likes
  42. As repeatedly stated by experts/moderators in this forum, RTI is not a problem solving, or redressal of grievances process. One can get only information and it all depends on the applicant as to how he uses such information to get a logical end for the actual problem. These issues have to be resolved collectively by active group of persons by submitting petitions to elected representatives like councellors, MLA, MPs etc and then following up through media coverage . RTI should also be made to Government Hospitals for collecting data on mosquito bites, outpatients treated for malaria
    2 likes
  43. You can file application on line and the information you have solicited is proper. Add few words in the following sentence. Kindly provide the following information in the form of certified copies.
    2 likes
  44. @ Shri Sunil Ahya : "3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required):" Always write on the envelope only the HO name and do not write To, The Public Information Officer, If you write a public information officer, as there is no such designated officer, they may refuse to accept such application, which again should be sorted out through complaint to Telangana IC. Instead w
    2 likes
  45. The Department of Handlooms and Textiles of Govt. of Telangana is a Public Authority by itself and there is a dedicated tab available on its website for giving information under RTI. However, it seems that their website's RTI tab is not working. Therefore, I would suggest as follows: 1. First try and contact them on the phone number given on their website, politely speak to the person who picks up the phone and request for the details of the Public Information Officer (PIO). Ph.No: 040-23221684 Fax: 040-23221685 2. Secondly, also at the same time, try by writing to them on
    2 likes
  46. The only yardstick and fundamental information required is as to whether such society cease to exist if Government funding is withdrawn. If it can not exist without such financial support it is within ambit of RTI Act. First file RTI Application, then if the SPIO denies that he is not public authority, with the above information as in first para, make a complaint before Telangana Informtion Commission.Commission. You can get their scale of pay and not total salary payable or bank account which are treated as personal information under Sec. 8 1 (J) There should be a logical endi
    2 likes
  47. Those reports unless they are placed before the Assembly can not be disclosed to public. If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
    2 likes
  48. Section 11 is a procedural section which lays down the procedure for cases where an information pertains to a third party. However, information cannot be denied u/s. 11 of the RTI Act, because as per section 7(1) information can only be denied either u/s. 8 or 9 of the Act. Firstly the information that you have sought is not a third party information and secondly even if it were to be a third party information it could have been denied only section 8 and 9 of the Act. Please find section 7(1) quoted below:
    2 likes
  49. The first step before making application is to read the website of that Public authority a)to Locate correct PIO b)format of application, c)mode of remitting the prescribed fees. Once you search website of MCGM, go through RTI rules and regulations that state every thing as above. Always prefer Court fee stamp of Rs.10/- as RTI fee as this is simple. There is a format application prescribed for Maharashtra and use only prescribed format.
    2 likes
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    • सड़क निर्माण में भ्रष्टाचार ना हो और पारदर्शिता के लिए आप चाहे तो निर्माण स्थल से #RTI के तहत निर्माण कार्य का सैंपल लेकर लैब में टेस्टिंग के लिए दे सकते है। http://rtiindia.org

       

      : https://righttoinformation.wiki/guide/applicant/application/sample/road-work
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    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
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    • 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
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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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    • 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.

       
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