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  1. Read the related news article at: Can RTI be denied on basis of citizenship?
  2. mea9677

    Senior Citizen

    What is age limit to become Senior Citizen to avail rebate of 30% on Property Tax by EDMC, Delhi.
  3. State should behave like a ‘responsible litigant’ with the citizen. ***************************************************** CENTRAL INFORMATION COMMISSION ROOM NO 315, BWING, AUGUST KRANTI BHAWAN BHIKAJI CAMA PLACE, NEW DELHI-110066 File No.CIC/SA/A/2014/000386 State has a responsibility towards the citizen, who should not treated as opposite party or rival. It is not proper to take every case in appeal up to apex court mechanically, simply because there is a provision in Civil Procedure Code. It has to introspect and answer whether it was behaving like a ‘responsible litigant’ with the citizen? As pointed out by Hon’ble Justice TS Thakur, Judge of Supreme Court, there is no mechanism to scrutinize the cases which need to be contested and which not to be. It is rightly said that that large number of cases against state “cannot be a good sign of good governance”. Commission would like to quote Justice Thakur who said: “Every case filed irrespective of merits is burdening the judiciary, costing the exchequer and increasing the pendency of case. This is deficit in governance. Governance is not just army, police, road, building etc but governance also is adjudicating rights of a citizen which is legitimately due to him.” The respondent authority has a duty to tell the people whether they have any mechanism to examine each case before contesting a citizen or appealing the judgment given in favour of citizen. Do they have such mechanism?
  4. Hello, I D.Prasanth. working in private organization. I want to know how can I apply for senior citizen for my mom who is 59years old.
  5. @rajivdatta. Sent from RTI INDIA Mobile App
  6. Mumbai : In a landmark order, the Central Information Commission has ruled that CCTV footage of a public place is in the public domain and cannot be denied to a citizen. The case pertains to Mumbai-based RTI activist Chetan Kothari, who wanted the CCTV footage of the incident when a UCO bank cashier at Bhulabhai Desai Road misbehaved him. “The man ahead of me in the queue got Rs 1,000 in the denomination of Rs ten but when I asked for it, the cashier, Ganpat Dongera, was rude to me,’’ said Kothari. The incident happened on November 3, 2012. Unsatisfied with the action taken by the bank — merely instructing the employee concerned to be polite — Kothari asked for the service record of Dongera as well as the CCTV record of the incident. Read more: Citizens can access CCTV footage of public place - Free Press Journal
  7. Hon. Experts, I am a senior citizen, I had paid online an amount to my ST/CST/VAT account, which erroneously was credited to some other ST/CST/VAT account. I came to know about this only at the time of assessment. I have the necessary proof from my Bankers that a specific amount was debited from my account and credited to the ST/CST/VAT account. However the ST/CST/VAT authorities are refusing to allow me the credit for the payment, neither are they divulging the details of the ST/CST/VAT account with which my payment has been erroneously credited. [1] How can I get the details from the ST/CST/VAT authorities? [2] Which authorities to approach? [3] How will the RTI be useful in helping me to get the Information? I shall be obliged for your guidance. Thanking you in anticipation, Senior Citizen
  8. This article has been posted at our Law segment. To read the full article follow this link: Guest Teacher gets 125% more of his remuneration*by RTI as compensation for delay A senior citizen was made to wait for three years to get his due remuneration of working as Guest teacher in a school. When confronted by Central Information Commission, Dte of Education agreed that the Guest teacher was entitled for… Read more › The law segment is available here RTI INDIA Read the complete article here...
  9. The Ministry of External Affairs has issued a public notice on 30 May 2014 clearly stating that there is no system in place for having any recogonised/authorised passport agents and warned the public about such agents: http://passportindia.gov.in/AppOnlineProject/pdf/Advisory_Caution_For_Public.pdf MINISTRY OF EXTERNAL AFFAIRS CPV DIVISION ...... PUBLIC NOTICE No. CPV/PMU/551/10/11 30 May, 2014 It has come to the Ministry’s notice that some private portals/individuals have been claiming that they are ‘recognised /authorised’ by the Ministry of External Affairs, Government of India, to extend passport assistance to the public. The Ministry hereby makes it clear that the passport portal (www.passportindia.gov.in) is the only Government portal offering passport services to citizens within India. The portal is web-based and can be accessed by anyone, anytime, anywhere for seeking passport services. There is no system in place to ‘recognise/authorise’ any individual or any travel agency in this regard in the country. Any one dealing with such fraudulent portals/advertisers/claimants, will do so at his/her own risk and consequence. =============== This is probably a result of countless RTIs filed by me regarding "recogonised/authorised" agents. Generally these were touts who acted in collusion with the RPO staff. In fact the situation in Hyderabad RPO was so bad under the previous Passport Officer that when an citizen applied for a passport, the "information" would be leaked to a agent. The applicant would then get a call from the agent offering to expedite the process on payment of money. The RPO Hyderabad has now got a service desk manned by es serviceman who help complete the application process - for a very small fee. But we Indians are very smart.....the business of agents has now been taken over by Internet Cafes....who help get people appointments in PSKs - also in collusion with the RPO staff and sadly even the TCS staff.
  10. In a recent order, the CIC has ruled that a "Company Secretary" is not elligible to file a RTI since he is not a "citizen". Full order is attached to this post. On perusal of the appeal submitted by the Appellant, it is observed that RTI application and first appeal were filed in the name of Company Secretary, while the 2nd appeal is filed by Mr. Piyush Hindia . The RTI applicant viz. Company Secretary is not a ‘citizen’ and hence not qualified under Section 3 of the RTI Act, 2005 to initiate RTI proceedings. Company Secretary not elligible to file RTI.pdf
  11. Information called for under RTI act has been denied by saying that only an individual can seek information under the Act as 'citizen' in RTI Act does not include a corporate, an organisation, an NGO etc. Thus a PSU Bank has refused to give information under the Act, only because the applicant is a private company doing business with that Bank. Then who can seek such an information? Is it a lacuna in the Act or the PSU is misinterpreting the Act. What is the way to get the information. Can somebody enlighten on this?
  12. Hi everybody, I am a new member & my name is swami. Can I get the answers for the following queries: 1. Does the citizen of India can have access to the personal information (revenue details) of other citizen? 2. If the Citizen cannot access, then who has the right to access it? 3. Under what conditions govt authorities can access to personal information of the citizens of India? It would be of great help if the above issues are explained with reference to a case law. Please enlighten me on the above issues. Thanks & Regards, Swami
  13. Reported by Phoebe Ida Ayaya in The-star.co.ke on 13 March 2012 http://www.the-star.co.ke/national/law-reports/66644-access-to-information-a-right-for-kenyans-only Famy Care Ltd v Public Procurement Administrative Board and five others High Court at Nairobi (Constitutional and Human Rights Division) Petition No 43 of 2012 March 2, 2012 The right of access to information under Article 35 of the constitution is limited to Kenyan citizens, the High Court sitting as a constitutional court has held. The decision was made in a constitutional application where the petitioner, Famy Care Limited, was aggrieved by an open international tendering process for procurement of various family planning commodities funded by the Government of Kenya through the Kenya Medical Supplies Agencies (Kemsa). The petition was brought not only to challenge the procurement process but also to enforce certain fundamental rights and freedoms claimed to have been breached by the supply of the contraceptive commonly known as Depo Provera into the Kenyan market. The petitioner lodged two applications under Article 35 of the Constitution of Kenya 2010, which enshrines the right of access to information. The petitioner sought to have the principal officer of the second respondent, Kemsa, disclose on oath true and certified copies of the Technical Committee minutes and evaluation reports and the Tender Committee minutes relating to Tender No KEMSA/O1T60/2011-2013. Mr Kipkorir, counsel for Kemsa raised a preliminary objection when the matter came up for hearing on the grounds that the petitioner was a limited liability company incorporated in India and thus as a foreign citizen it was not a citizen for purposes of Article 35, which could only be enjoyed by Kenyan citizens. He contended that the fact that Mr Mugambi, counsel for the petitioner, swore affidavits in support of the application did not assist the petitioner as the information that was being sought was for the benefit of the petitioner, a non citizen. He also argued that Mr Mugambi had no interest in the matter other than being counsel on record and none was disclosed in the pleadings and depositions. Mr Ogamba, counsel for the second interested party Angelica Medical Supplies Limited (AMSL), Ms Kasim for the first interested party Pharmacy and Poisons Board (PPB) and Mr Munyu for the third and fourth interested parties Pfizer Laboratories Limited (PLL) and Pfizer Inc (PI) respectively all supported the preliminary objection. Mr Ogamba also asked the court to strike out the supporting affidavits as they had offended Order 19 of the Civil Procedure Rules and that it was improper for an advocate to descend into the arena of the dispute as the petitioner’s advocate had done. Ms Kasim also added that her client had no issue producing the documents that the petitioner’s advocate had prayed for in his applications. Mr Munyu stated that the citizenship was only in relation to the petitioner and not any other party. Mr Mugambi opposed the preliminary objection by stating that his petition was brought under Article 22, to enforce fundamental rights and freedoms and those fundamental rights and freedoms related to the petitioner who was acting in the public interest as provided in Article 22(2)©. He also argued that that being a suit in the public interest every member of the public affected is entitled to the full protection of Article 35, therefore the petitioner must be included in the definition of a citizen. He stated that the genesis of the proceedings was an international tender inviting non citizens to participate and they too were entitled to the protection of our constitution maintaining that the arguments raised by the respondents were very narrow and that the court was to give effect to broad principles. Mr Mugambi also submitted that while PPB had no objection to providing information to the court, Kemsa had an obligation to provide the documents. The main issue for consideration was whether a company incorporated outside Kenya was a citizen for the purpose of Article 35(1) of the constitution. Article 35 provides that every citizen has the right of access to information held by the state; and information held by another person and required for the exercise or protection of any right or fundamental freedom. Every person has the right to the correction or deletion of untrue or misleading information that affects the person. The state, on the other hand, shall publish and publicise any important information affecting the nation. The right to access to information is based on the understanding that without access to information the achievement of the higher values of democracy, rule of law, social justice set out in the preamble to the constitution and Article 10 could not be achieved unless the citizen has access to information. This right is also recognised in international instruments (The Declaration of Principles on Freedom of Expression in Africa and African Charter on Human and Peoples’ Rights) to which Kenya is a party. The court stated that the right protected under Article 35(1) has an implicit limitation, that is, it is only available to a Kenyan citizen. Other rights are available to “every person” or “a person” or “all persons” but this right is limited by reference to the scope of persons who can enjoy it as there has to be a distinction between the term “person" and “citizen” as applies in Article 35. Justice Majanja said he was aware that the constitution is to be given a broad and purposive interpretation. That the obligation cast on the court by Article 259 (1) provides that the constitution is to be interpreted in a manner that promotes its purpose, values and principles, advances the rule of law and the human rights and fundamental freedoms in the Bill of Rights and permits development of the law and contributes to good governance. He said that the constitution was to be construed as a whole and when the meaning of a given word was to be construed, the court was to strive to give a consistent meaning throughout the constitution as the context permitted. He referred to the Ugandan case of Tinyefuza v The Attorney General of Uganda Constitutional Appeal No 1 of 1997, where the Supreme Court stated that, “the entire constitution has to be read as an integrated whole and no one particular provision destroying the other but each sustaining the other. This is the rule of harmony, rule of completeness and exhaustiveness and the rule of paramountcy of the written constitution.” Thus, the court stated that under Article 260, a person includes a company association or other body of persons whether incorporated or unincorporated meaning that such rights also extended to companies to the extent that the rights or fundamental freedoms permitted. It went on to state that though the term “citizen” is not defined in Article 260, the same is dealt with under Chapter 3 of the Constitution, Articles 12 to 18 and these effected in these provisions, citizenship is in reference to natural persons. The judge stated that it was clearly manifested that the right to access to information under Article 35(1) was limited by reference to citizen and was not to be exercised by juridical persons. The only other right which is limited by reference to citizen is to be found in Article 38 which protected the political rights of citizens and which also negatives any intention by the people of Kenya to give juridical persons political rights. The judge went on to emphasise and state that a corporation was not a real thing, it was legal fiction, an abstraction and a vehicle through which natural persons can engage as a collective to realize certain objectives set out in the founding instrument and also that a juridical person could not vote or make political choices or exercise the political rights protected by Article 38. He affirmed that M. Mugambi’s argument was startling and, if accepted, it would have revolutionised the practice of law and compromised the independence of an advocate. An advocate remained an agent for his client for purposes of prosecuting the case and was not to substitute himself for his client or give his client certain benefits due to him as an advocate qua advocate or as a citizen by actively and deliberately circumventing constitutional or other legal provisions by using his privileged position in the course of proceedings. Justice Majanja observed that though the petitioner had argued that the suit was brought in public interest, Article 35(1) was to be read broadly as affording the petitioner the right to obtain information but that alone could not circumvent the clear limitation of Article 35(1). In conclusion, the judge held that there was nothing in that Article that allowed the limitation of citizenship to be overwritten in the public interest and so he was not ready to imply public interest where provisions were clear. The petitioner’s applications were consequently struck out as the right under Article 35(1) was only available to citizens.
  14. In case a company seeks information, does the name of a particular individual come in.
  15. Every Citizen will be a Lokpal by Simply Repealing of Section 19 of the Prevention of Corruption Act 1988 By Surendera M. Bhanot "The Jan Lokpal or Lokpal" is a burning issue these days. The rti community cannot be remain unmoved by it. Here is a little suggestion in this regard The main reason for the corruption in the country is the presence of Section 19 in the Prevention of Corruption Act 1988 (PCA). Under Section 19, prior permission of the Government is necessary before launching prosecution of an accused. Government seldom gives permission and all culprits go scot-free, mainly because in most cases the corrupt practices were adopted to please the political bosses. The whole exercise of Lokpal Bill and the Jan Lokpal will be redundant, if only Section 19 of the PCA is repealed. Section 5 of the PCA provides – A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973, for the trial of warrant cases by Magistrates [ss 5(1)]. And the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor.[ss5(3)]. So any complainant is deemed to be a "PUBLIC PROSECUTOR". In other words every person conducting a prosecution is a Lokpal or Lokayukt, by himself. This is what Dr. Sunramanium Swamy, Janata Party MP from Tamil Nadu had pleaded in his petition before Supreme Court (Under Article 32 of the Constitution of India read with Section 5 of the PCA) to allow him to prosecute A. Raja as the Government has failed to act. Only after receiving a Notice from the Supreme Court, did the government acted and Raja is behind the bars. His many petitions are pending and more skeletons will tumble out of cub-boards in coming months. Both, The Civil Society Jan Lokpal Bill as well as Government Lokpal Bill aims that the Lokpal will take cognizance of any offence under the Prevention of Corruption Act 1988 (PCA) and Section 19 will not be applicable in such cases. This means both the bills, in effect, are envisaging doing away with the requirement of Section 19 of the PCA. So the whole gamut of the Lokpal Bills lies in Section 19. A corrupt practice is not the official functions of a Government Officer or a Government Employee. He has to act within the oath he allegiance to the Constitution of India. He has to function with the utmost sincerity to serve the nation and the custodian of the Constitution of India – The People of India. If he functions beyond this, he is no more performing a Government Duty. Rather he is abusing the power and authority given to him and indulging in unlawful practices. For his such acts that are done while performing the lawful duty, are private affairs and abuse of the power and authority. No protection of Section 19, should otherwise available to him. So the Section 19 is a meaningless obstruction in the whole scheme of the PCA. Presence of Section 19 in the PCA is a great boon to the Corrupt Officers and Officials and a great tool for their Political Bosses to protect them. Section 5 and Section 19 are reproduced below for ready reference.
  16. sunil sri

    using of letter head

    dear all, recently i asked information on the letter head of a simity but the same was denied on the following grounds: not a natural citizen ; letter head cannot be used. However, i came to know that cic in its judgement has permitted the companies to seek information by using letter head. let me know, whether i can appeal by using the recent judgement. also please provide me the judgement.
  17. As per the decision of the Commission vide 139/CPB/2006-25.10.2006, the information sought by office bearers of trade union are declared valid under the purview of CITIZEN entitled to seek information. Is there any reversion on this stand by any subsequent rulings or amendment? Is there any other extra formalities to be complied with by the office bearer to insist upon the information being parted away by the CPIO.
  18. keyur19

    Indian Citizenship

    What are the documents that can validate that I am an Indian National/Citizen ? If possible please mention all.
  19. CIC clears ambiguity on rights of associations under RTI law As Reported in Outlook India on MAR 11 (PTI) The transparency law which provides citizens a right to seek information does not allow associations to file RTI pleas in their own name, the Central Information Commission (CIC) has held. The CIC's decision came as it upheld the Income-Tax department's refusal to share details under the RTI law with the Cuttack Tax Bar Association (CTBA). The CIC concurred with the I-T department to note that CTBA on its own could not be construed a "citizen" and allowed access to details under the law. Even as the I-T department submitted that section 3 of the RTI Act-2005 entitles "citizens" to invoke their right to information, the CTBA contended that section 6(1) laying down procedures for obtaining information gives the right to "any person." The Association had said that the word "person" which was not explicitly defined under the RTI Act required a liberal interpretation, for which it referred to the provisions of the General Clauses Act. It was submitted that the word "person" has been defined under the General Clauses Act to include any company or association or body of individuals. "The RTI Act confers the right not on all 'persons' but only on 'citizens' and there is no ambiguity about the term 'citizen.' A juristic person can be a 'person' but he can not be a citizen," a full bench of CIC headed by Chief Information Commissioner Wajahat Habibullah said while turning down CTBA's contention. The Commission in its 25-page order brushed aside as "untenable" CTBA's arguments that section 3 of the RTI Act was a "declaratory" provision and it was section 6(1) that conferred the right to seek information. Clearing the ambiguity in interpretation between the two provisions, the CIC said that while section 3 was the leading provision of the RTI Act, section 6(1) covered the procedural aspects and was hence a subordinate provision. "Apparently, there is no conflict between the two provisions and even if there is any, under the Rules of Interpretation of Statute, a subordinate provision has to give way to a leading provision," the bench said. CTBA in its RTI application of September six, 2006 sought from the I-T department in Cuttack (Orissa) details about tax returns filed between April 2005 to August 2006. It also sought to know information about pending refund matters. After the CTBA's application was summarily rejected on grounds that the body on its own was not entitled to move an RTI application, the association moved an appeal before the statutory panel. CTBA, in its appeal petition had said that it was a society formed for the benefit of advocates and was registered under the Societies Registration Act. It claimed that the fact that it was constituted of natural citizens should entitle it to seek information under the transparency law. The Commission during the hearing took note of the fact that the RTI plea was filed in the name of CTBA and its letter head did not signify identity of its undersigned Secretary Gopinath Padhi. Notably, CTBA's subsequent appeal contained the name of its subsequent Secretary Natbar Panda. Dismissing CTBA's information plea, the bench said, "It leaves no doubt that it is the Association which is the applicant and the appellant as a distinct legal entity and the Association or its Secretary in its official designation can not be treated as 'citizen' under the law." The order of the CIC is available here. http://cic.gov.in/CIC-Orders/Decision_03032008_05.pdf
  20. ganpat1956

    Babus send citizen Rs 16.2 lakh bill

    Who are the landowners who have been exempted from the Urban Land Ceiling and Regulation Act’s (ULCRA) land acquisition clauses that they build houses for ‘the weaker sections’ of society? What are the housing schemes that have come up as a result? Member of non-governmental organisation National Alliance for Peoples Movements Simpreet Singh (27) has asked the government to give him these details about the controversial ULCRA law’s implementation under the Right to Information Act. Under pressure from the Centre and the World Bank, the state government is set to repeal ULCRA in the upcoming legislative session. The three-decade-old socialist land acquisition and housing measure was brought in during the Emergency by Indira Gandhi’s government, placing a ceiling on owning land beyond 500 sq metre, and acquiring the ‘excess’ for public purposes, most notably low and middle-income housing. But if the officers are to be believed, the government doesn’t have ready answers to the above questions. Responding to Singh, the Public Information Officer (PIO) of Urban Development, V Jadhav dashed off a rejection, claiming “the information is too voluminous to give.” The PIO at the Collectorate, S Dhaigude, went a step further and sent Simpreet a bill for Rs 16.27 lakh if he wanted the information. Dhaigude told HT: "We have over 20,000 files. Each file contains upto six pages. Certified copies cost Rs 26 per page. Hence Rs 16.2 lakh. If the citizen has a problem, he can go and appeal." Singh has now filed a complaint with the State Information Commision, where over 5,000 information appeals against the government are pending. He believes the government is demanding the astronomical sum because it does not want to reveal the information since it will show up the non-implementation of the Act. “I neither asked for entire files, not certified copies. I only want the list of landowner exemptions, and the names of the housing schemes where the land, which should otherwise have come to the government, has been used.” Singh pointed out that the government had informed the Bombay High Court that 1,800 acres - or 45 Nariman Points - of excess land in Mumbai had been exempted under ULCRA. “How can they not know how this land was used if they have decided to repeal it?” Section 4 of the RTI Act also states that state departments should keep all their records catalogued and indexed to help citizens access information. But 15 months after the Act came into force, the Urban Development department, headed by Chief Minister Vilasrao Deshmukh, is yet to do it. Jadhav said, “We do not have the time to do all this organising.” UD secretary Ramanand Tiwari said that charge was justified. “RTI prescribes a fee, and in this case the information has to be culled out,” he added. But state Information Commissioner Suresh Joshi, who is yet to hear Singh’s complaint, said the state wasn’t implementing the sunshine law adequately. “I met the Chief Minister and the Chief Secretary two weeks ago about the need for all departments to implement the suo moto disclosure clause and organise their records. Over a year has passed and we have a more refined sense now of what citizens want to know, so it should be done, especially with regard to policy matters.” He added the state had promised to convene a meeting of all secretaries to ensure their departments fall in line, and he would pursue the matter with the government. The Hindustan Times - Indian Newspapers in English Language from three editions
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