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What is the limitation of rti act and how private agencies/organisation with govt.license/permit are to be treated.
koteswararaonerella posted a question in Ask for RTI SupportDear friends, Since quite some time we are observing CONFLICTING OPINIONS BEING EXPRESSED BY MEMBERS on the issue of applicability of RTI Act,2005 in respect of NON PUBLIC AUTHORITIES(PRIVATE ORGANISATIONS). Several members put querries that some private but recognised school is NOT GIVING ME SOME INFORMATION RELATED to student education/certificates and another member asks ask about PRIVATE UNIVERSITIES RECOGNISED BY UGC and Some members ask what action I can take against a kirana shop which is charging more than MARKED PRICE ON THE PRODUCTa and this list will go on but the MAIN ISSUE HERE is whether the RTI Act ,2005 will apply in these cases so that the members can file RTI Application and if so to whom it is to be addressed(PIO).Promptly some senior members reply to these NEW MEMBERS that these are PRIVATE INSTITUTIONS AND ARE NOT PUBLIC AUTHORITIES AS DEFINED IN Sec2(h) of RTI Act and therefore, you can not file RTI with these institutions/organisations.While this was so the very next moment some other senior member POST HIS COMMENTS STATING THAT THE school is recognised you file RTI with DEO who is a public Authority.Here both the FIRST MEMBER AND THE 2nd Member are THUS DIFFERED AND THE NEW MEMBER WILL SCRATCH HIS HEAD AS TO WHAT EXACTLY HE SHOULD DO. The issue here is the DEO who is the public authority and who will oversee functioning of the schools or labour inspoector who oversee the labour aspect of the general/kirana store or the Legal Meteriology department who deal with less weighing/less packings or charging more money then packing rate printed though public authorities MAY NOT BE IN A POSITION TO TAKE ANY ACTION AGAINST THE SCHOOL/SHOP BASING UPON YOUR RTI APPLICATION.He cannot also give any INFORMATION TO YOUR QUERRY AS THE INFORMATION is NOT AVAILABLE WITH HIM IN A HARD COPY FORMAT OR SOFT COPY FORMAT and thus he cannot give any information as asked for by the applicant and if it is FORMAL COMPLAINT AGAINST THE SCHOOL OR SHOP HE CAN TAKE ACTION AS DEEMED FIT AFTER CHECKING THE GENUINESS OF THE COMPLAINT which he cannot do on the RTI Application basis as it is only AN APPLICATION SEEKINHG INFORMATION AND NOT A COMPLAINT.In one case of COOLING CHARGES THE THREAD WENT ON FOR SO MANY POSTING ONE MEMBER AFTER THE OTHER for days together and we are not CLEAR AS TO WHERE IT ENDED .SO ALSO REGARDING EDUCATIONAL INSTITUTIONS AND UNIVERSITIES WHICH ARE private.The TOP MODERATORS AND VERY SENIOR MEMBERS SHOULD EVOLVE SOME SCIENTIFIC WAY OUT AND THERE SHOULD BE A LINK FOR THIS PURPOSE AND INSTEAD OF WASTING ONE COMMENT AFTER THE OTHER THAT TOO WHICH ARE contradictory with each each other the NEW MEMBER WANTING CLARIFICATION CAN BE DIRECTED TO SEE THE LINK WHICH WILL BE GOOD FOR THE MEMBERS AND ORGANISATION WHICH IS very very repute(RTI.INDI.ORG).i REQUEST THAT THIS MAY BE EXAMINED TO FORMULATE CLEAR POLICY ON THIS TYPE OF SUBJECTS.
APPLICATION FOR SEEKING INFORMATION U/S 6 OF RTI ACT, 2005 To The DISTRICT EDUCATIONAL OFFICER, HYDERABAD. Name of the applicant : Mr. B. Murali mohan. C/o KRANTI PRAJA SANGH Address : H.no. 1-9-167, Ramnagar, Hyderabad. 500 020. PH. XXXXXXXXXX (Mobile No. deleted - Reason - posting of mobile no. is against the forum rules) Particulars of the information : A. Kindly provide the information relating to following aspects of the schools. 1. What would be the actual fees to be collected from the students from class V to class X for the recognised schools in GHMC Limits, as per the right to education act and respective provisions of the Govt. rules. Also, kindly let me know the List of Schools along with the addresses at which the recognition for that particular school is availed. 2. Kindly provide the information pertaining to the Prirvate Schools, whether all the requirements, such as rules and regulations relating to amenities, open ground, play area, parking place etc., are fulfilled or not. 3. List of new schools waiting for the recognition. I state that the information sought does not fall with in the restrictions contained in section 6 of the Act and to the best of my Knowledge it pertains to your office.