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  1. rtiindia

    RTI for CBSE Affiliated School

    [caption id=attachment_2082" align="aligncenter" width="460] RTI for CBSE Affiliated School[/caption] If the School is under the CBSE Affiliation rules, and if any information by use of RTI for CBSE Affiliated School is sought about that school, then it is the information as defined under Section 2(f) of the RTI Act and has to be furnished. In a decision delivered on 03.12.2013, CIC has referred the Hon’ble Delhi High Court in WP© No.7265/2007 dt 25 Sept 2009. The decision states that: “8. Information as defined in Section 2(f) means details or material available with the public authority. The later portion of Section 2(f) expands the definition to include details or material which can be accessed under any other law from others. The two definitions have to be read harmoniously. The term held by or under the control of any public authority in Section 2(j) of the RTI Act has to be read in a manner that it effectuates and is in harmony with the definition of the term information as defined in Section 2(f). The said expression used in Section 2(j) of the RTI Act should not be read in a manner that it negates or nullifies definition of the term information in Section 2(f) of the RTI Act. It is well settled that an interpretation which renders another provision or part thereof redundant or superfluous should be avoided. Information as defined in Section 2(f) of the RTI Act includes in its ambit, the information relating to any private body which can be accessed by public authority under any law for the time being in force. Therefore, if a public authority has a right and is entitled to access information from a private body, under any other law, it is information as defined in Section 2(f) of the RTI Act. The term held by the or under the control of the public authority used in Section 2(j) of the RTI Act will include information which the public authority is entitled to access under any other law from a private body. A private body need not be a public authority and the said term private body has been used to distinguish and in contradistinction to the term public authority as defined in Section 2(h) of the RTI Act. Thus, information which a public authority is entitled to access, under any law, from private body, is information as defined under Section 2(f) of the RTI Act and has to be furnished.” RTI for CBSE Affiliated School Vide RTI dt 17.7.13, appellant had sought information on 20 points relating to Sarti Beri Rajaram Public School. Appellant insisted that he should be provided information on all 20 points and if the same is not available with the CBSE, they should obtain the information from the school concerned and pass it on to him. The Commission directed the PIO to go through the Hon'ble High Court order observation and if the information sought by the appellant is accessible to them, under CBSE Affiliation rules, the same may be collected from the school and furnished to the appellant. If not, a suitable response be provided to the appellant within one month from date of receipt of the order. For further information, you may read the The CBSE Affiliation website is located here: http://rti.cc/2- CBSE Affiliated rules here: http://rti.cc/2x The numerous discussions on our forum regarding School and RTI here: http://rti.cc/2y Here is the earlier article of us regarding RTI for Private School: http://rti.cc/2z DECISION: The Decision can be downloaded and read from here: http://rti.cc/30 File No.CIC/RM/A/2013/000969 Appellant: Shri Manoj Kumar, Shamli Public Authority: CBSE, RO, Allahabad Date of Hearing: 03.12.2013 Date of decision: 03.12.2013 (Rajiv Mathur) Central Information Commissioner
  2. The RTI applicant sought the information from a Cooperative Society which are not a Public Authority, under Delhi Cooperative Society Act,. Central Information Commission advised to the registrar, not to register any petition if the Appellant seek information from a Cooperative Society directly without following steps as per the RTI act. If you have want to file RTI online, visit this guide to learn about filing RTI Online. Although the Commission noted that the information sought by the appellant can be enforced under Sec 2 (f), which states as follows: "information" means any material in any form, including records, documents, memos, e­mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. Seek information from a Cooperative Society directly But commission recorded that "The appellant had not followed the procedure laid down in the RTI Act, and he sought the information from a Society which is not a Public Authority, under DCS Act." Citation from: Viresh & V.K.Goel Vs Dr.R.M.L.H & NH Employees CGHS Ltd CIC/DS/A/2013/001197­SA, CIC/DS/A/2013/001198­SA, CIC/DS/A/2013/001199­SA, CIC/DS/A/2013/001200­SA, & CIC/DS/A/2013/001201­SA dated 24.07.2014 You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  3. Obtaining information from Unaided Recognised schools is possible by applicability of section 2 (f) of RTI Act by which information relating to any private body which can be accessed by a public authority has to be provided. Thus when an RTI applicant wanted to know the action taken against the S.M. Arya Public School for making commercial use of the school premises, Central Information Commission allowed it by directing Directorate of Education to use its regulatory powers under Rules, 50, 179(2), 180 and 183 of the DSER&A ­1973. (You can read many related discussions on Schools and RTI at our forum, and if you have any query, you can ask from our experts here!) Commercial use of the school premises Under section Rule 179 (2) of the THE DELHI SCHOOL EDUCATION ACT, 1973 (DSER&A­ 1973), accounts of every aided school shall be open to inspection by auditors, inspecting officers of Directorate of Education and CAG, where as under Rule 180 the account management and auditing /inspection of unaided Private school shall also be open for auditing, inspection by Director of Education and CAG. Further, Rule 183 of DSER&A­ 1973 speaks about proper accounting and management of fees and contribution received by management committee of school. Thus exercising powers under section 2(f) of the RTI Act using its regulatory powers under Rules, 50, 179(2), 180 and 183 of the DSER&A­ 1973, Directorate of Education was directed to provide information under RTI, about commercial use of the school premises by S.M. Arya Public School. Section 2 (f) of the RTI Act states that “information” means any material in any form, including records, documents, memos, e-mails, opinions, advises, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; The case is available at CIC website here! Do you have anything to add to this story, kindly post it over comments below or go ahead and post your views over forum. (This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must read and download the decision from the CIC website)
  4. Registrar of Cooperative Societies Delhi treated RTI application as a grievance and did not provide information stating that it will not fall under the expression ‘information’. Central Information Commission did not accept this argument while hearing the second appeal filed by sh. Vinod Kumar Bansal regarding information on action taken on his letter regarding the grant of society membership in violation of the provisions of section 75 of the DCS Act, 2003. The Commission observes that the information asked by the appellant is to be provided under RTI Act and that it does not fall under any exemptions. CIC also directed to show cause why maximum penalty cannot be imposed for refusal of information by CPIO, Registrar of Co-operative Societies Delhi. The Registrar, Cooperative Societies, appointed by the Lt. Governor, Delhi under Delhi Cooperative Societies Act, 2003, heads the Cooperative Department and plays a pivotal role in monitoring the functioning of Cooperative Societies registered under the Act. The Office of the Registrar is working on nine-district pattern and has nine Zones headed by Assistant Registrar level Officers. Each zone handles the matters of various cooperative societies on the basis of their registered office located in that particular zone. All issues concerning in particular society are examined at the zonal level only. Registrar of Cooperative Societies Delhi The appellant submitted that through his RTI application dt. 29­8­2012, he is seeking information on action taken on his letter dt. 9­5­2012 regarding the grant of society membership in violation of the provisions of section 75 of the DCS Act, 2003. The PIO replied on 28­9­2012 saying that the complaint has already been forwarded to the concerned society and reply is awaited from them. Not satisfied with the reply, the appellant made first appeal before the FAA. FAA by his order dt. 7­12­2012, directed the PIO to forward the copy of his comments dt. 26­11­2012 to the appellant within 15 days. Upon this FAA order, the appellant filed 2nd appeal before the Commission. The Decision can be read here: File No.CIC/AD/A/2013/000974­SA Mr. Vinod Kumar Bansal Vs. Registrar, Coop. Societies If you want to read more discussions relating to RTI for Cooperative Housing Society, please refer to the tag here Society and RTI, and if you have any queries please post it at our forum here! Do you have anything to add to this story, kindly post in the comments below.
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