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sasesuk posted a question in Ask for RTI SupportAs per Supreme court dated 26.08.2014 in TNRDC Vs TN Information commission , the apex court said that " The question of law as to whether the appellant is a 'public authority' under Section 2(h) of 2005 Act is kept open." TNRDC lost the case in the Madras High Court . The doubt is whether TNRDC comes under RTI or not .
The CIC has brought both Bar Council and Bar Association under RTI. The Bar Council being the statutory body constituted under Advocates Act 1961, to protect ethical standards of Advocates and admonish the members for misconduct are not exempt under RTI Act, ruled the Central Information Commission. Similarly, though Bar Associations are different from Bar Councils, they are also constituted under a law made by Parliament, i.e., the Advocates Act, 1961. They too have a duty to inform the people about their activities. Bar Council and Bar Association now under RTI The appellant wanted information regarding the number of complaints against the advocates, how many cases were disposed of, number of advocates who had violated the provisions of Advocates Act, number and percentage of complaints disposed of within a year of the lodging of the complaint, etc. practising/registered with the Bar Associations and how many disciplinary cases against the advocates were sent to the Bar Council by the respective Bar Associations located. The appellant complained that he was not provided with the required information and his first appeals were also not heard by the FAA. The decision can be read here!
rtiindia posted a post in Section 2(h)The Indian Council of Arbitration established in 1965 is the apex arbitral organisation for settling commercial disputes says NO to RTI citing that Department of Commerce (DOC) neither provides any financial assistance to ICA nor has any administrative control over it; ICA is being treated as an independent autonomous body and therefore, it is outside the purview of ‘public authority’ as defined in RTI Act. CIC has also allowed to keep ICA out of RTI citing that Electronics & Computers Software Export Promotion Council, Export Promotion Council for Handicrafts and Apparel Export Promotion Council is subjudice before Hon’ble Supreme Court, it would not be appropriate for the Commission to take a view whether ICA is ‘public authority’ u/s 2(h) of the RTI Act. The CIC advised applicant to approach the Commission in second appeal afresh, only after the judgement of Hon’ble Supreme Court on Export Promotion Councils is decided. No RTI to Indian Council of Arbitration Thus till the decision of Court comes, the stand remains that "ICA is an independent autonomous body registered under the Societies Registration Act 1960 and it is outside the purview of “public authority” as defined in RTI Act." Case No. CIC/SS/A/2012/002190 dated: 05.09.2013 Name of Appellant Name of Respondent Date of Hearing, Dated: 07.01.2014 Shri Anuj Kanwal Vs Indian Council of Arbitration
rtiindia posted a post in CIC DecisionsIn a recent decision, CIC has ruled that Public Authority can’t deny information on the behest of any resolution taken by them. National Joint Committee for the Steel Industry (NJCS) which is an umbrella body of the unions of SAIL and RINL had made a self resolution that NJCS is a bipartite forum which comprise of workers and management representatives. The decisions taken in NJCS are only circulated in the form of Notes of Conclusions among the Members of NJCS only. The same are for internal use of members only and as such, cannot be shared under RTI. NJCS is a bi-partite forum and as such information pertaining to NJCS cannot be provided under RTI Act..... Even CIC had earlier decided that as 80 to 85% of the funds for this body come from SAIL Steel plants. Hence, this entity is held to be a public authority u/s 2(h)(d)(i) of the RTI Act. (decision of the Commission in F.No. CIC/LS/A/2012/002516 in the matter of M D N Panicker vs SAIL). Thus clearly National Joint Committee for the Steel Industry as a public authority is under an obligation under the statute to provide such information to maintain transparency. Public Authority can’t deny information Another RTI application was denied by taking recourse to it's resolution. However, CIC held that The resolution taken by NJCS in its 247th meeting is not in conformity with the provisions of RTI Act. Public Authority can’t deny information on the behest of any resolution taken by them unless it is exempted under Sec 8 of the RTI Act, 2005. What are your views? The decision can be read here!