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Whenever information relating to or supplied by the third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third-party u/s 11.1 and if the third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supplying of information. 

NOTE ON THIRD PARTY INFORMATION- REFUSAL BY PIO under RTI ACT

Whenever information relating to or supplied by third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third party u/s 11.1 and if third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supply of information. First appeal needs to be filed based on following points under such circumstances:

01. Third party should have treated information as confidential while supplying the information. If it is not treated as confidential by third party section 11 will not come into operation.

02. Even when party has treated information as confidential, it has to be disclosed if larger public interest is involved outweighing in importance any possible harm to interest of third party. [This is not applicable to information relating to trade or commercial secrets protected by any law].

03. PIO does not require permission or NOC from third party. He has to give third party opportunity to be heard orally or in writing. He should then finally decide whether information should be revealed or not.

04. Even in case of third party, PIO has to deny information only under sections 8 or 9 as provided in section 7.1. PIO is also required to justify how he came to the conclusion that section 8 or 9 is applicable for such denial. Similarly, the third party should have objected to disclosure only under section 8 or 9, justifying non-disclosure.
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I am attaching list of successful consumer complaints at various District Consumer Forums.

List of Decisions of Consumer Forum as of 20-01-2012 Hon’ble District Consumer Dispute Redressal Forums as under have ordered supply of information and compensation to applicants of RTI Act 2005:

Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011,


Decision dated 19/05/2011 of Faridkot in  CC/102/2011. 


Decision dated 09/11/2011 of Ludhiana in CC/ 662/2011. 


Decision dated 25/03/2011 of Tuticorin in CC/59/2010.


Decision dated 29/04/2011of  Vizianagaram in CC/ 116/2010


Decision dated 08/09/2011 of Mohali  in CC/249/2011


Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009. 


Decision dated 20/04/2010 of  Mandi, H.P in CC/14/2009. 


Decision dated 21/05/2009 of Mumbai South  in SMF/MUM/301/2009.


Decision dated 24/05/2011 of  Nizamabad in CC/41/2010


Decision dated 29/11/2011 of Pune in F/564/2010


Decision dated 07/01/2011 of Guntur in CC/204/2010


Decision dated 08/09/2011 of Mohali  in CC/249/2011


Decision dated 29/12/2011 of Salem  in C.C. NO.54/2011


Decision dated 03/02/2011 of Tuticorin in CC/57/2010


Decision dated 24/08/2011 of Medak in CC/10/2011


Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010


Decision dated 27/12/2010 of  Vizianagaram in CC/ 118/2010


Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010


Decision dated 11/05/2011of  Naupada in CC/ 08/2011


Decision dated 07/04/2011 of Coimbatore in CC/399/2010
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Of late I am receiving messages seeking clarification as to how to calculate period within which information should be received, where other charges are payable. I clarify as under:

Suppose an RTI application contains following types of queries:

a. Queries which require no other charges:

Information should be mailed within 30 days from the date of receipt by PIO. These queries should not be delayed for other charges payment.

b. Queries pertaining to other public authorities:

They should be transferred within 5 days of receipt by PIO to other public authorities.

c. Queries which require payment of other charges:

Following calculation has to be worked out to know if the information is supplied within the stipulated time of 30 days.

No. of days from the date of receipt by PIO to date of dispatch of information minus no. of days from the date of dispatch of intimation to pay other charges to date of receipt of other charges = should not exceed 30 days.

If this period exceeds 30 days, then applicant can claim refund of other charges through first appeal.

This issue is clarified in section 7.3.a of RTI Act.

Date of letter may differ from date of dispatch and hence envelopes should be preserved.
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I have compiled guidelines to be followed while undertaking inspection of records under RTI. The same is attached herewith.

GUIDELINES FOR INSPECTION UNDER RTI

1. Even if you do not desire to carry out an actual inspection of records, invariably request as under in RTI application:

This will have deterring effect on PIO against providing false information.

2.  If you are not very conversant with the language of record or have any other disability, please also add the following sentence in RTI application:

 
ttp://rtiindia.org/blogs/jps50/2749-assistance-inspection.html
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Latest Update on 06/09/2013

The Statesman: Check EPF balance online from today


Now on, know your current PF balance instantly - NDTVProfit.com


epfo online - ???? ?????? ?? ???? ????? ?????? - Amar Ujala


EPFO LINK:  Member Balance




If the information is not available online, please refer these blog :

http://www.rtiindia.org/forums/blogs/jps50/76-how-know-provident-fund-status-through-rti.html


http://www.rtiindia.org/forums/blogs/raveena_o/2279-rti-epf-inquiry.html

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My bldg which is constructed some 1 year back I drafted an application stating "I want to inspect the stilt parking area, fire refugee area and basement of the Bldg, As per Section 2(j)(i)"
 
But unfortunately Municipal Corporation refused to give information stating that the information does not falls under purview of RTI.
 
I have made First appeal against the same, I have been asked to attend hearing.
 
Now I have never attended any hearing, I don't know what to do?
 
I request you to please guide the procedure and some do's and dont's to be followed during hearing.
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Files in which applications for grant of Arms Licenses were processed would certainly contain personal information of the applicants since no Arms License can be granted without obtaining personal information of the applicant. The disclosure of personal information which has no relationship to any public activity of the person to whom the information pertains. Hence, such information is exempt from disclosure under Section 8 (1) (j) of the Act of the RTI Act, particularly when no element of public interest is involved in disclosure of such information. Therefore, the direction of the Commission for inspection of the files relating to applications for Arms License cannot be sustained and is liable to be set aside.
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WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY?

ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow. 
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RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it.

I append below relevant extract from a judgment of High Court of Uttarakhand.

I infer that information supplied in language which the applicant does not understand is no information. PIO should supply either in English, Hindi or State language of PIO as per the choice of the applicant.

Recently, in Gujarat entire land acquisition process was declared invalid because notices were published in Gujarati newspapers, but notices were in Hindi which most of the affected farmers do not understand. 
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Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below
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How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document.

PIO Acts that makes you hate RTI ACT...
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How to Stop Corruption?

Corruption is one of the most disruptive problems faced by the world and it needs to stop without further damage to the humanity so as to have a better future for the coming generation.

India is one of the countries which are suffering due to the existence of Corruption. Impact of corruption is very hard on public life. This is more of awkward and defaming condition than being problematic. But it appears that the corruption is ever rising and unstoppable.

Further the people involved in corruption seem to be hiding themselves by blaming others. Even they are proud of themselves as they made more money in short time.

To worsen the condition further, those involved in corruption are able to get better promotions and opportunities.

People also have developed an opinion that it is the only way to get their work done. If not, the work will be pending for long or even might not be done.

Corruption—an important problem imposing political, economic, and environmental costs to societies around the world.

Corruption is a phenomenon involving many different aspects, and it is therefore hard to give a precise and comprehensive definition. However, at the core of most definitions of corruption is the idea that a corrupt act implies the abuse of entrusted power for private gain. Classic examples include bribery, clientelism, and embezzlement. Other, often more subtle and sometimes even legal examples of corruption includes lobbying and patronage.

While long-run data on corruption is very limited, historical examples suggest that corruption has been a persistent feature of human societies over time and space. Two such examples are the sale of parliamentary seats in ‘rotten boroughs’ in England before the Reform Act of 1832, and ‘machine politics’ in the US at the turn of the 19th century

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Can I share RTI response in Social Media?
I have received information from the PIO and being the information which was disclosed under Large Public Interest, Can I share RTI response in Social Media? Do I need to take permission from the PIO / FAA or the CIC?
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Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below:
 
> RTI Application u/s. 6(1) with the PIO,
 
> Not received the information / not satisfied with information supplied by PIO / no decision by PIO,
 
> File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA),
 
> Still not received the information / not satisfied with decision of FAA / no decision by FAA
 
> File a Second Appeal u/s. 19(3) with the concerned Information Commission.
 
> Also please note that RTI Act also provides for filing a Complaint under section 18 with the concerned Information Commission.
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The High Court has struck down CIC order that file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note.

High Court ruled that "Any noting made in the official records of the Government/public authority is information belonging to the concerned Government/public authority. The question whether the information relates to a third party is to be determined by the nature of the information and not its source."

The reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, was considered flawed. 
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it is my opinion to link adhaar with voting system so that no one can vote more than one. It will help in reducing corruption system in voting.
 
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