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  1. I attach decision No. CIC/LS/A/2011/902758 dated 29-12-2011, where in Telecom Regulatory Authority of India [TRAI] has been ordered to suck information from private service provider [Reliance mobile] and supply to the applicant. Please also refer my blog at Private entity: http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html TRAI CIC DECI TO SUCK INFO FROM MOB CO.pdf
  2. Hi , I want to find details of private limited company which is in mumbai , please let me know where can i get details of the company.I tried finding it on google, i dint get any information.This is for investment purpose.
  3. Hi All, I would like to use RTI to get information regarding the policy of sale and recylcle of accessories and warranty from a multinational laptop company like Dell, HP, SONY. From the previous posts I understand that the private companies are covered by RTI under the section 2[f] of RTI act. However I need to send my petition to the PIO of a government agency which controls and regulates the company. So, in order to get information from a Private Institution or company, we first need to know the government agency under whose perview such a company falls. Now, I am not sure which government agency or department will regulate the policy these laptop companies like Dell, HP etc. I am also not aware of how to find out about the regulatory agencies for private companies. Any help in this regard will be very helpful and greatly appreciated. K.Aswani Kumar Bangalore
  4. I am attaching here with decision of CIC in appeal against working of private banks and how they fix their service charges. 1. Reserve Bank of India accepted that it regulates HDFC Bank Ltd in terms of the provisions of Banking Regulation Act, 1949 and Reserve Bank of India Act, All banks have to adhere to the guidelines and rules framed by Reserve Bank of India. 1934. But it didnot provide specific rules. 2. On fixing /levying of service charges: RBI furnished that In terms of extant guidelines issued by RBI,, With effect from September, 1999 banks have been given freedom to fix service charges for various types of services rendered by them. Further, in terms of paragraph 6.2 and Annex I of the Master Circular dated July 1, 2009 on Customer Service , banks have been advised that they should make basic banking services available at reasonable prices I charges to customers. While fixing service charges, banks should ensure that the charges are reasonable and not out of line with the average cost of providing these services. 3. On my query how many times in last 5 years HDFC Bank has sought approval.....for levying service charges...... RBI first gave no reply but on the order of CIC, now RBI confirmed that HDFC Bank has not sought approval even a single time on fixing service charges in last 5 years. This is an intersting case for forum. Members please throw some light, as to how we may take this public cause to a logical end. Private banks are fixing service charges arbitrarily and sleeping controller/ watchdog RBI, supporting illegality committed by RBI by keeping mum.Ultimate looser is public who is paying unjustified arbitrary service charges. scan0001.pdf CIC_SM_A_2011_001218_SG_15034_M_68098.pdf
  5. As reported at by Rahul Gadpale at mumbaimirror.com on Rahul Gadpale CIC issues order labelling MIAL a public utility; State commission’s order on R-Infra due by the end of this month The Mumbai International Airport Limited (MIAL), the company that developed and runs the Mumbai airport, has become the first private concern in the country to be brought under the ambit of the Right to Information Act (RTI). And soon, another Mumbai-based company, Reliance Infrastructure, could become accountable under the RTI. The Maharashtra Electricity Regulatory Commission has written to the Chief Information Commissioner, Maharashtra, stating that since the company controls distribution of power in Mumbai's suburbs, it is a public utility and thus open to public scrutiny under RTI. While the Central Information Commissioner issued its order on MIAL on May 30, the order on Reliance Infrastructure is expected on June 24. Both Reliance Infrastructure and MIAL have been in news recently -- the former for its high domestic power rates and the latter for its use of airport land for non-aviation purposes. The CIC order on MIAL is a big boost for RTI as it paves the way for other private companies operating public services to be brought under its scope. In the order issued on May 30, CIC has said that MIAL will have to appoint a chief public relations officer within 30 days of receiving this order and also fulfil the “mandate of disclosure” under the RTI Act within two months of receiving the order. The CIC was hearing a case filed by Mumbai-based Sanjay Ramesh Shirodkar. MIAL is a joint venture between GVK Airport Holdings Private Limited, ACSA Global Limited, Bid Services Division (Mauritius) Limited, and Airport Authority of India (AAI), with AAI holding 26 per cent stake. The order also states that MIAL is funded by the government as it accrues huge benefits from the state of Maharashtra. “The state government has waived stamp duty worth Rs 200 to Rs 250 crore. MIAL is using 2000 acres of AAI leased land at concessional rates, the actual market value of which is otherwise close to Rs 50,000 crore,” the order said. The Maharashtra Electricity Regulatory Commission’s advise to the State Information Commission on Reliance Infrastructure being a public utility was in connection with a case filed by RTI activist Anil Galgali. Galgali had in 2008 asked information under the RTI from Reliance Energy, a part of Reliance Infrastructure, on the company’s power supply operations in Mumbai’s suburbs. However, Reliance Energy refused to part with the information citing its status as a private company. Galgali filed a plea with the State Information Commission, which sought the advice of the Maharashtra Electricity Regulatory Commission (MERC). “The CIC has given a verbal order that Reliance Energy should be brought under the RTI. The written order is expected to be issued on June 24. Once passed, this order will help millions of people who have Reliance Energy connections and have several queries concerning their operations,” said Galgali. When Mumbai Mirror contacted Chief Information Commissioner Vilas Patil, Maharashtra, he confirmed that the final order would be given on June 24. Both Reliance Infastructure and MIAL refused to comment. How it all started Pune-based Sanjay Shirodkar had filed an RTI application seeking information about the cost of Bisleri bottles. He claimed that bottles were being sold at rates higher than the MRP at Mumbai International Airport. The MIAL authorities, however, refused to answer Shirodkar’s queries saying that MIAL was a private company and therefore did not fall under the purview of RTI Act. Speaking on CIC’s decision, Shirodkar said, “It is a landmark decision and now MIAL is bound to give information to the public. It might be privately run but it is also a public utlity.”
  6. hello, i want to know that whether this act applies on private degree colleges run by private managements which are affiliated by govt. university and started after the no objection certificate of the state govt.
  7. The Punjab SIC had give a landmark judgment that College adheres to AICTE norms, so under RTI’. This decision was announced by Chief Information Commissioner R.I. Singh on 7-9-11 in CC702 of 2011. The news was publshied in Indian Express. A college that follows the instructions laid down by the All India Council for Technical Education (AICTE) is covered under the RTI Act. This ruling was given by the Punjab CIC while deciding the case of one Sardavinder Goyal from Panchkula, who had he approached the Punjab State Information Commission when he was denied information by G G S College of Engineering and Technology, Talwandi Sabo. Gurlabh Singh, vice-chairman of the college, said it was a private educational institution fully owned and run by a private trust — Bala Ji Educational Trust — registered under the Society Registration Act. He added that the respondent was neither owned nor controlled by the government. The trust was also not financed directly or indirectly by funds provided by the state, said Singh. However, the complainant said that instructions issued by the AICTE regarding constitution of the governing body of technical institutions provide for nomination of one member each of AICTE, the affiliating university and member of the state government. It was further submitted that AICTE regulates admissions and fees structure of the college. The respondent admitted that the college was recognised by the AICTE, but contested that such a recognition amounts to government “control”. The CIC said the nominee members participate in the management of the institution and AICTE has powers of inspection over the institute and also determine the tuition fees through state-level committee. The numbers of seats, course contents and syllabus are also determined by the AICTE, the CIC said. The state bodies, through a large number of their nominee members, actually participate in the management of the affairs of the institution, he added. “I have no hesitation in holding that the respondent is a public authority under the RTI Act,” he said and asked the college to appoint a PIO within 15 days and thereafter deal with the request of the information-seeker in accordance with the provisions of the Act. http://www.indianexpress.com/news/college-adheres-to-aicte-norms-so-under-rti/843193/1 The Full order of Punjab SIC is http://www.infocommpunjab.com/htm/documents/2009/07.09.2011%20(1).doc
  8. I belong to Chandigarh and am a mechanical graduate who did his graduation(2005-2009 Leet) from a private college of punjab. For joining the graduation course(straight to 3rd semester) after my diploma (75% with honors) i was offered a scholarship of 11250/- per sem (32000-11250=20750/- Actual fee per sem) by the college on basis of my prior academic traits . I accepted it without having a look at the infra structure of the college because i could afford this much only. But for my last two semesters college authorities asked us to pay the full fee with a notice stating that the scholarship would be refunded after clearing the concerned semester now onwards (College notice available). But now when i'd topped in the college and university too scoring an %age of 81.3%. My authorities are denying of paying my security deposit (6000/-) stating that they have already given my a scholarship of (11250 x 4 sems (3rd, 4th, 5th & 6th) = 45000/-) and are not releasing my scholarship for the last two semesters too and humiliating and harassing me a lot. Please tell me what can i do towards this commercial and unethical approach of my college.
  9. I belong to Chandigarh and am a mechanical graduate who did his graduation(2005-2009 Leet) from a private college of punjab. For joining the graduation course(straight to 3rd semester) after my diploma (75% with honors) i was offered a scholarship of 11250/- per sem (32000-11250=20750/- Actual fee per sem) by the college on basis of my prior academic traits . I accepted it without having a look at the infra structure of the college because i could afford this much only. But for my last two semesters college authorities asked us to pay the full fee with a notice stating that the scholarship would be refunded after clearing the concerned semester now onwards (College notice available). But now when i'd topped in the college and university too scoring an %age of 81.3%. My authorities are denying of paying my security deposit (6000/-) stating that they have already given my a scholarship of (11250 x 4 sems (3rd, 4th, 5th & 6th) = 45000/-) and are not releasing my scholarship for the last two semesters too and humiliating and harassing me a lot. Please tell me what can i do towards this commercial and unethical approach of my college.
  10. friends, can anyone please share CIC orders on the applicability of RTI on information of third party / private entities ? regards Namitabh
  11. drsureshshah

    CIC decisions

    I need to go through some CIC decisions in cases of RTI applications for info about private bodies under control of PAs, where PIOs have refused to provide info taking the plea that " Sought info is not available with us. " All help is welcome.
  12. I attach important judgement of CWP No.19224 of 2006 alongwith 23 connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH It has been reportedly challenged in higher court. SUBSTANTILLY FINANCED.pdf
  13. I enrolled in PGDBA in year 2002. I appeared in all exam(of two different specialization Finance as main and HR as second) and scored passing marks, however I did not score pass marks in one of the subject. Due to which I was not able to complete my course and attain a diploma from the university. University did not give me opportunity to appear for the exam and refuse to provide diploma. I need help. Can I file a RTI in this case
  14. As reported by PTI in news.msn.in.com on 14 June 2011: http://news.in.msn.com/national/article.aspx?cp-documentid=5208690 Par panel findings cannot be withheld indefinitely: CIC New Delhi, Jun 14 (PTI) Recommendations of Parliamentary committees cannot be kept out of citizens'' reach "indefinitely" even if they have not been tabled in the House, the Central Information Commission has held. Chief Information Commissioner Satyananda Mishra gave the order while directing the Rajya Sabha Secretariat to disclose the recommendations, on the implementation of the Right to Information Act, of the Parliamentary Standing Committee which have not been tabled in the House even after three years. The case relates to an RTI application by Pune-based activist Vihar Dhurve who sought to know from the Secretariat the recommendations and findings of the Committee but the information was denied to him. The Secretariat said since the recommendations of the Committee have not been placed before the Parliament, its disclosure under the transparency law would be breach of Parliamentary privileges. During the hearing before CIC Venkatesh Nayak of Commonwealth Human Rights Initiative, who was present from Dhurve''s side, it was argued that if the authorities chose not to place the Committee''s recommendations before the House even after three years,�the information could not be denied indefinitely. Agreeing with the view, Mishra said, "The Parliament of India is the highest law-making body. It has to be a model in implementing the laws it makes... Just because the competent authority has not decided to place it before Parliament even after lapse of about three years, it cannot indefinitely hold it back from citizens." Mishra further said in his orders, "It cannot be anybody''s argument that just because authorities decide not to act on the findings of the committee, it could be held back from the citizens by invoking one or the other provisions of the RTI Act for an indefinite period."
  16. An article by Vinita Deshmukh in moneylife.in on 06 April 2011: http://www.moneylife.in/article/do-private-organisations-come-under-the-purview-of-rti/15338.html Do private organisations come under the purview of RTI? While the RTI Act states that only those private organisations which have “substantial” funding from the government come under the purview of the RTI Act, in cases where these entities are in partnership with the government, it is possible to get necessary information. The Pune-Mumbai Expressway toll matter is a sterling example With municipal corporations, state and central governments increasingly opting for Public Private Partnerships (PPP), transparency could take a beating, as private organisations have been given an opportunity to duck under the Right to Information (RTI) Act. The Act says that only if private organisations are "substantially" funded then they come under the purview of public domain. Who's to decide what is "substantial funding"? And here's where private bodies take cover and refuse to give information. A sterling case is that of the Ideal Road Builders (IRB), a private agency which collects toll fees from most of the highways in Maharashtra, including the Pune-Mumbai Expressway. It is impossible to procure information regarding the data of toll collection. However, in such cases, since their partnership is with a government body, the citizen can get access to such information from the government organisation. Strangely, the Maharashtra State Road Development Corporation (MSRDC), the government body in this case which is mandated to monitor whether IRB is collecting toll honestly or is cheating people, itself has not monitored the revenues of the IRB, despite appointing an independent engineering consultant, STUP Consultants Pvt Ltd, headed by RY Deshpande. However, thanks to citizens demanding this information under RTI, the MSRDC was compelled to request the IRB to send the data of toll collection, year-wise. When this writer conducted inspection of files under Section 4, one of the officials confessed that they had only recently asked the IRB to supply information due to pressure of RTI queries, otherwise they had nothing to do with the information. The fact is that it is binding on the MSRDC to do proper auditing of the toll revenue collected by IRB and gauge whether it is usurping more profits than what it is supposed to get. Similarly, Metros that are being "forced" upon citizens in several towns and cities across the country, without proper planning, are mostly constructed by the Delhi Metro Rail Corporation (DMRC). Here too, the DMRC is a private body and any query under RTI is denied. In the case of the Pune Metro, the DMRC has disastrously planned the metro and submitted a shoddy and superficial Detailed Project Report (DPR). Despite the project report not satisfying the Pune Municipal Corporation's (PMC) terms of reference and it not abiding by the central government guidelines while making the DPR, the PMC's general body and the administration has blindly passed the project. It now lies with the state government, which failed to allot finance for it in the current budget. The scandal of this Rs10,000-odd crore infrastructure that is going to add to the chaos of the already congested roads in Pune and become a heavy tax burden for citizens for many years, came to light due to the RTI invoked at the PMC. Thus, in private-public partnerships one can get access to public documents by putting a query to the 'public partner'. However, as per a high court judgment, co-operative banks do not come under the RTI. A few years back, the Reserve Bank of India (RBI) declared that co-operative banks do not come under the purview of the RTI Act. At that time, the Gujarat State Cooperative Bank Ltd, which is an apex institute of co-operative banks, had sought the opinion of the RBI. The RBI stated that since co-operative banks come under the Co-operative Act of the respective states and not under any parliamentary statute, they are not public authorities as defined by the Act. According to Shailesh Gandhi, central information commissioner, the Company Law gives significant rights to those who own 26% of the shares in a company. Perhaps this could be taken to define the criterion of "substantial finance". "Subclause d(i) and (ii) together mean any non-government organisations which are substantially owned, controlled or financed directly or indirectly by the government would be covered. Thus aided schools and colleges are public authorities, as also any trusts or NGOs which have significant government nominees; or companies where the government either owns substantial stake, or has given substantial finance, are directly covered under the RTI Act. The substantial finance can take into account tax incentives, subsidies and other concessions as well. Elaborating further, Mr Gandhi states, "There is some confusion about the words owned and substantial finance. This confusion is evident in the various decisions of the information commissions. Let us look at the words carefully. "Public authority" means any authority or body or institution of self-government established or constituted, … and includes any (i) body owned, controlled or substantially financed; (ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government." The finance could be either as investment, or towards expenses, or both. The way in which the words have been placed, indicates that perhaps (i) relates to investments and (ii) relates to the running expenses. "Thus every institution which is owned by the government is clearly covered. By any norms, whenever over 50% of the investment in a body lies with any entity, it is said to be owned by that entity. Since bodies owned by government have been mentioned separately, the words 'controlled' and 'substantially financed' will have to be assigned some meaning not covered by ownership. Thus it is evident that the intention of Parliament is to extend the scope of the right to other organisations, which are not owned by it. No words in an Act can be considered to be superfluous, unless the contradiction is so much as to render a significant part meaningless, or it violates the preamble. Therefore, it becomes necessary to consider a situation where an entity may be controlled by the government without ownership or substantial finance. Such a situation exists when a charity commissioner or registrar of societies appoints an administrator to run the affairs of a trust or society, or a court liquidator takes over administration of some body. Thus concludes Mr Gandhi: "It is therefore obvious that as per Section 2 (h) (i) 'a body …substantially financed' would be a body where the ownership may not lie with the government, nor the control. Hence, clearly the wording 'substantially financed' would have to be given meaning at less than 50% holding. Company law gives significant rights to those who own 26% of the shares in a company. Perhaps, this could be taken to define the criterion of 'substantially financed'. The finance could be as equity, or subsidies in land or concessions in taxation. "Similarly some definition is required where the State provides money for the running expenses of an institution as covered under (ii). Presently, aided schools and colleges have all clearly been accepted as 'public authorities', though there appears to be no clarity in the matter of NGOs and other organisations which are receiving significant amounts of finance. "The key approach and philosophy of the RTI Act appears to be that since the State acts on behalf of the citizens, wherever the State gives money, the citizen has a right to know. In my opinion, if the money given for the running expenses is over either 20% of the running expenses, or Rs1 crore, the body should be considered as receiving 'substantial finance' and is covered in the definition of a 'public authority'." Putting up information in the public domain, especially where infrastructure is concerned, is very important in the case of roads. The Economic Survey of India estimates that over the next five years (the survey was of February 2008) the investment needs in physical infrastructure will be $500 billion, out of which the share of the private sector will be $150 billion-odd, which comes to over 30%. It is time to know the truth, as the truth involves us all!
  17. Dear friends, I lost my wife recently (i think), due to wrong treatment by a doctor & negligence of the hospital staff. The hospital is Lilavati. Can I make the hospital disclose information thru an RTI application? and how? rds, Raj
  18. I am working in a private school at Visakhapatnam which is yet to be registered since last 8 months. Suddenly they terminate my services without any notice and no valid reasons. The are also not willing to give any termination letter. Appointment letter issued by them is with me. Kindly help with all legal actions that I can initiate. The institution is also not ready to clear my dues in respect of salary or PF deductions reflected in salary statements.
  19. Dear Sir/Madam, My mother retired from her service as a school teacher in Nov 2008. 6 months before her retirement, the trustee of her school offered her principalship in another school run my the same management under a contract for 2 years from June 2008-June 2010. But in June 2009, she was informed that the Education Department of Maharashtra(SSC Board) has denied her approval as principal hence she would have to step down & her services would be terminated. The school management claims that they had made 3 applications/petitions to the Edu. Dept of Maharashtra to overturn the disapproval but was ruled against my mothers favour. We approached the school for furnishing us the documentation between the school management & Edu. Dept which indicate her disapproval. But the school refused to furnish us the same saying that the school cannot furnish us the same. We made an application through the RTI to the education department & the school for furnishing us all this information. The school management sent us a reply saying that since the school is a private/unaided one, they are not liable to give us any reply & the RTI does not hold applicable for private/unaided schools. I would like you to throw some light on this issue whether we can obtain this information through the RTI. Even though the school is a private/unaided one, it certainly falls under the rules & regulations stated by the Maharashtra State Education Department(SSC Board), hence they should be liable to send us an appropriate reply. Waiting for your reply at the earliest. Thanks & regards, Ashmil Desai
  20. Hello! I am working in a pvt unaided school in Maharashtra. A lady has sought copy of birth certificate of a child whose mother is second wife of applicant's husband for legal procedure. Is she entitled to this information. I feel that a third paty's personal information cannot be shared, at the same time, this information is available for inspection by appropriate authority. do help.
  21. Hi, I got a strange letter from HUDA. asking me to provide DPC certificate of house because some one (not known to me) has asked for it under RTI application to HUDA. DPC certificate is issued by HUDA upon completion of foundation work on plot. Is this kind of information covered under RTI act ? if it is then its a pain for common people anyone can ask for any house documents from anyone via govt bodies. Regards, -Manish
  22. can one use RTI to get Information from Software firms? for example you want to know what projects a certain software company is handling, can RTI be used to get some info about it???
  23. Hi All, I Vishal Tyagi wants to know that whether RTI is applicable for private companies too.
  24. dear sir , i want some information from private engineerin college but the refuse my application of rti how i get that information
  25. Can anyone tell or ask, how many security agencies in India out of well registerd and having its own training academy as per Pasara act 2005. how many security guards are being trained and how many times the principal employers have checked their status periodically? Everyone has their own security agency like local political parties everywhere in India. Why not government ban all those fake security agencies who are runing a worst security agency like a pathetic watchman services. The principal employer should pay a good salary as per the standard quality of security guard or classification of security personnels. This is not a joke while security matters is now a prime factor in India.terrorist attack, naxals, Murder, theft and stealing case particularly in metro cities.
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