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Showing most liked content since 01/23/2020 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. Sapling planted by Minister and Evidence submitted by RTI activist Damodar Divkar Murgaon, Coal companies and MPTs had planted saplings on the National Highway leading to Mormugao port at the hands of Urban Development Minister, As RTI activist Damodar Divkar has proved this with strong evidence, the brass of the forest department officials has been exposed. In the year 2019, Minister Milind Naik and MPT Chairman E. Ramesh The photo of Ramesh planting trees was posted on social media by Shri. Divkar has lodged a fresh complaint with the Chief Secretary of the state in this regard. About
    2 likes
  13. Congratulations. Members have seen your growth and you are updating in the forum all your efforts as a good activist, undaunted by authorities defiant attitude. Please post your success story. Members are proud of your achievement and your keen interest shown in the forum for getting timely guidance.
    2 likes
  14. 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
  15. 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
  16. 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
  17. 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
  18. Information solilcited: 1.Please provide the list of such sensitive posts and non sensitive posts that are classified in the organization. 2.THe criterion followed for differenciation in between the two. 3.Whether such posts are permanent or can be brought back from non sensitive to sensitive.
    2 likes
  19. Establish larger public interest to the satisfaction of the PIO so that he can not use any exemptions under RTI .(Thank your stars as you are fortunate to get most details in 2017). Salary (Basic), designation, Branch working, are not treated as invasion on privacy. Loans and addresses (Women employee) in case of women are certainly exempted . If you want that information, there are several unauthorised channels like Private Detectives etc to get such information and we are not supposed to discuss in forums. (In India nothing is difficult)
    2 likes
  20. Being a banker, you are well aware that even several decades before enactment of RTI , Bankers' statutory obligation is to maintain secrecy of customers' accounts. There are certain exemptions and those exemptions are not for public and is for Police (law enforcement) , Statutory authorities(including courts/Taxes), interest of other banks (sister concept) and when the bank's own interest is involved. However rate of interest is not personal information and it is to be announced in Public. You can reconstruct your query and seek specific information on rates of interest applied on such
    2 likes
  21. Go through Sec.19 of RTI Act and continue further process of first and second appeal as expeditiously as possible remembering time frame. Wait for Information commissions' orders and if not satisfied go for Writ against University. Contact a local advocate and issue a Notice under CP Act claiming huge damages for not providing you the transcript if they have collected such fees. You can also explore possibility of filing writ mandamus in High Court after consulting your advocate.
    2 likes
  22. Nailed it Perfectly! After 5 years hard work Hon'ble SIC DIRECTS DEPUTY COMMISSIONER TO LODGE FIR AGAINST CUSTODIAN OF RECORD OR ANY OTHER PERSON RESPONSIBLE UNDER SEC 201 IPC OR PUBLIC RECORD ACT 1993 Followed till hilt!
    2 likes
  23. 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
  24. एक अन्य आरटीआई आवेदन दाखिल करें और एसपीआईओ से जानकारी लें कि किन नियमों / खंडों के तहत एसपीआईओ ने 1.1.Kg वजन दस्तावेजों के लिए डाक शुल्क की मांग की है।
    2 likes
  25. The experts always advised to pay any formal fee demanded if focus is on information, and getting information is itself a great success under RTI. After all we are compensating our government some of their actual expenses on information essential for us Please pay and get the information as the demanded amount is not substantial. If you think that amount is substantial, go for inspection, select copies and take personal delivery of documents.
    2 likes
  26. 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
  27. 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
  28. There are interesting blogs and also comments by many of our forum stalwarts like Hon.Karira, Ms.Raveena and Mr.Sunil. Further there was a recent discussion on HC Judgment . The Supreme Court Judgment on the difference is also available in the forum. Both serve different purposes. When first appeal could not be filed, or could not be filed within time frame, when information is not important within reasonable time a complaint can be filed under Sec.18. Remember, that complainant is not entitled to seek information but can only pray for other remedies like penalty and reco
    2 likes
  29. When there is a problem, by bringing attention to several authorities with ultimate focus to get information we address such letters. The following was the guidance and no advice was given to file grievance in consumer affairs pgrms portal. (as temple management may not be well versed, they my blur out is the hope) "You can also explore possibility of issuing notice under CP Act to temple and file a complaint against temple management for deficiency of service is not providing the valid information."
    2 likes
  30. 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
  31. 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
  32. 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
  33. 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
  34. Remember, RTI is not a complaint or grievance redressal way. An Indian citizen can as a right can seek information from public authorities if that information is available in material form as public record and not exempted under RTI Act. In your case you can file RTI Application and seek laid down norms/orders/guidelines and free to use that document for remedy through HC (Writ mandamus) To my knowledge transport is treated as Public Utility and essential service and lockdown rules may not apply to certain employees performing such duties for COVID19. Application dt.
    2 likes
  35. 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
  36. Thanks for the info.... I will filling rti today itself And post the reply afterwards
    2 likes
  37. 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
  38. One of our members tried to expose a fraud in Syndicate Bank , Nellore , AP and sought guidance in the forum in several queries. Thereafter never visited the forum. It was learnt from today's news paper that finally he could establish fraud prima facie and CBI has commenced investigation. The member should have atleast posted success story though he may not acknowledge support.
    2 likes
  39. Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
    2 likes
  40. 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
  41. 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
  42. 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
  43. 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.
    2 likes
  44. 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
  45. You have raised the same issue of stadium/gym several months back, and you have already raised the issue under RTI and was told that gym equipment is not ready and not in full fledged etc., If you want you can file another RTI seeking information as follows: Information solicited: 1.Please inform the projected date of functioning of .............after the work has been completed. 2.Please inform the pending construction and other works associated with the commencement. 3.Please inform specific reasons for delay on record. 4.Please provide the proposed action within a
    2 likes
  46. 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
  47. 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
  48. Though it is not necessary to state the objective of seeking information, for that specific information that was qualified as in larger public interest, that larger public interest must be stated with more clarity. Seeking total minutes for two years (specific dates not mentioned in application) may not appear as justified. Grounds for Appeal: SPIO has not provided exact such sub section in Sec. 8 (1) and provided justification for applying that exemption, and quoted CIC decision without application of mind to deny information. SPIO is expected to quote section, sub section and justif
    2 likes
  49. When PIOs do not want to part with information, without application of mind, they will select all 8 (1) clauses one by one to deny information. Mere quoting of section and denying information is not lawful denial. They have to justify as to how such exemption clause applies to this specific information now being provided in the query.. Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also. Application of 11 as exemption is unknown. It is only formal letter written to third party seeking objecti
    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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