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Found 21 results

  1. Shrawan

    Section 11: Third party information

    Section 11: Third party information (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. (4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
  2. rajrathodbvn

    Ex pio as third party

    हेल्लो दोस्तों ! मैं गुजरात से हूँ और स्टेट गवर्मेंट का एम्प्लोयी हूँ ! मेरी पोस्ट के दौरान एक आर.टी.आई. एक्टिविस्ट ने मेरी फर्ज रूकावट की ! हमने उसके खिलाफ पुलिस में कम्प्लेंट किया तो उसने मुझे और मेरे सह कर्मचारियो को बदनाम करने के लिये एक न्यूज़ चैनल में हमें बदनाम किया ! उसने जो भी इन्टरव्यू में कहा वो सब गलत है ! उसने हमारी मानहानि की तो हमने कोर्ट में उसके खिलाफ IPC 499, 500 के तहत केस किया ! दोनों केस में कोर्ट ने प्रथम दर्शनीय केस सही लगने के बाद उसके खिलाफ समन्स इस्स्यु किया है ! अभी दोनों केस कोर्ट में है ! इसी प्रोसेस के दौरान हमारी दूसरी जगह ट्रांसफर हो गई है जो की एक सामान्य प्रोसेस है ! अब वो आर.टी.आई.एक्टिविस्ट हमारी पूर्व कचेरी में आर.टी.आई. एप्लीकेशन करके कुछ हमारे रिलेटेड इन्फोर्मेशन पाना चाहता है ! हमने PIO को त्राहित पक्षकार के तहत एप्लीकेशन करके कोर्ट केस के बारे में बताया और इन्फोर्मेशन देने से इनकार किया ! PIO को हमारी बात सही लगी और उसने 8(1)h का रीजन देकर इन्फोर्मेशन देने से मना कर दिया ! उसने अपील की तो फर्स्ट एप्लेट ने भी PIO को समर्थन करते हुए माहिती देने से इनकार किया ! मेरा सवाल ये है कि वो आर.टी.आई. एक्टिविस्ट सही इन्सान नहीं है ! उसने जो हमारी मानहानि की है उसे सही साबित करने के लिये वो इन्फोर्मेशन के साथ जुड़े इन्सानों को हानि पहुंचा सकता है क्यूँकी उसने पहले भी ऐसा किया है ! तो क्या वो इन्फोर्मेशन कमीशन में जाये या कोर्ट में तो क्या होगा ! आप सब दोस्तों की इस बारे में क्या राय है ! आभार !!
  3. Hi, Can I file RTI to UP Board and Agar University for my wife's educational certificates and degree certificates information or any thing else related to my wife? Can I ask on behalf of her, as she is not well known regarding RTI and its proceedings? Can these authority reject my RTI application or Not?
  4. mark selvaraj

    Rti 3rd party

    Hi, I have asked for few documents under rti. But the PIO in his reply states that it is 3rd party info & he is asking me the 3rd party address. So if the information sought is 3rd party then the pio shoud find the 3rd party address or i should give him the address.
  5. Dear Ld. Members I want to file two different RTI Applications regarding a complaint that I had submitted against a third party for committing various offences of cheating and forgery against those two authorities. Till now, I think no action has been taken on it which naturally means that even members of those two authorities are involved in it. So my question is that "How and What questions should i put to those authorities pertaining to my complaint" and the action taken by them on the said complaint by me.
  6. Hello, We filed our first RTI to NOIDA Authority seeking information regarding one of the housing project. We were seeking copies of layout plans approved by authority for a private builder. Now authority replied after 30 days (Aug 8th, 2013) stating that this is third party information and a letter is being sent to third party for appeal/NOC. Additionally authority did not reply to 3 of RTI applications out of 6 that we had filed. We are o the edge of unearthing a major scam in Noida and we know they are deliberately trying not to provide us information. Attached is the RTI reply in image : My question to all experts here are: 1) Do you think layout plans approved by authority for a private builder is third party information? 2) How much time can they really take replying to our application? 3) As NOIDA has not replied to 3 of our applications, what should be our action plan? Please suggest if this query should have been posted in another thread as i am a novice here and in RTI world too.
  7. Can the PIO give the third party information, even though third person not interested in disclosure of his information. kindly provide the suggestions and relevant laws. If the PIO provide my personal information without my consent, then I can complain to CIC. What can I do once my personal information was out.
  8. Hello I have filed a RTI university if Mumbai to seek information related to a college which is recognized by university and UGC recognized with NAAC accreditation. and they replied on my first appeal after 3 months that they can not reveal any information as they are an charitable minority institutions, I want the confirmation that weather they are excluded from the RTI act 2005 or not, & if yes then a reference to same would help. the exact line that they quoted is "As per section 11(1) of RTI Act, 2005 the Public information officer, is required to invite suggestion in written or orally from third party wheather the information sought be disclosed the third party. In this regard the concerned office has conveyed to the undersign that they are a charitable minority institution and are not covered under RTI act 2005. Hence we are not able to disclose the third party information" Thanks in advance Anand
  9. Vide decision No. CIC/SM/A/2012/000695, 1199, 1369 & 1413 dated 01-11-2012, CIC has decided as under: "ii) in regard to the letter written by the MP questioning the suitability of Lieutenant General Bikram Singh, we are of the view that this letter should be disclosed. Section 11 makes it very clear that a third party will have to be consulted before disclosure of any information only if the third party concerned had clearly claimed confidentiality at the time of providing the information to the public authority. In the present case, the MP concerned, while writing the said letter to the Prime Minister, should have clearly expressed his intention that the contents of the letter be treated as confidential. The letter written by the MP, which we examined during the hearing, does not show anywhere that the MP had treated the contents of that letter to be confidential. Therefore, there was no obligation on the part of the CPIO to consult him because the letter written by him was not covered under section 11. It is immaterial that, later, when consulted the MP concerned claimed that he intended the letter to be kept confidential. This is a clear afterthought and goes beyond the protection available to third party in section 11. In the light of this, we direct the CPIO to provide a copy of this letter to the Appellant within 10 working days of receiving this order." [emphasis added] Copy of order is attached herewith. It would be useful when third party information is denied, since mostly information is provided without claiming confidentiality at the time of providing information by third party to public authority.. THIRD PARTY ONLY IF CONFIDENTIA 011112.pdf
  10. Can any one ask for a copy of Cast Certificate of another person under RTI? Is it a third party information?
  11. Assessment of Mr. X was completed for Assessment Years 1994-95 and 1995-96. The same was reopened by Department after a lot of complains of manipulation against which Mr. X approached High Court by filing Special Civil Application(SCA) in the year around 1997. The case prolonged till 2009 and when the High Court expressed their unwillingness to pass order in his favour, Mr. X asked permission to withdraw his SCA which was granted. After this, it appears that Mr. X manipulated to ensure that his file does not reach the concerned department for his reassessment. His case has a direct bearing on my Income Tax Assessment for which Department has gone against me in the Tribunal. Assessments are reopened only for addition. However, I have a feeling that Mr. X is ensuring to see that his assessment becomes time barred and his files after withdrawal of SCA never reach the concerned ITO. For this reason, I filed an RTI asking information whether reassessment orders have been passed for Mr. X and when. I also stated in my application that if the assessment is allowed to be lapsed, there will be substantial revenue loss to the Government. The PIO in his first order u/s 7(1) stated that his office does not possess the information sought by me. I went in appeal against this order stating that Mr. X is assessed by the PIO and he should have provided the information or should have passed on my application to the ITO who has this information. Appellate Authority passed the order in my favour asking PIO to look at my application a fresh and provide the information within the provisions contained in the RTI Act. Now I received the second order from the same PIO u/s 7(1) stating that the information sought by the applicant pertains to third party and relates to personal information and disclosure of the same has no relation to any public interest. Further, he has stated that the concerned third party has strongly opposed for disclosure of information which relates to personal information and hence he is rejecting my application keeping in view the provisions contained in section 8(1)(j) of the RTI Act. I am at a loss to understand how my asking whether 'reassessment order is passed and when' will reveal any personal information supplied by Mr. X to Income Tax Department. I am not asking for any income details or copy of the Assessment order. And definitely there is a public interest to the fact that Govt. will loose a lot of revenue by a technical fault of not carrying out reassessment within prescribed time frame. Can any one guide me as to what should be my reasons/ground of appeal and prayer/relief be sought and ground for the same.
  12. While training some SPIO's last weekend there was a lengthy discussion on the applicability and procedure regarding Sec 11 (Third Party). One way of looking at the procedure is: 1. The information sought should have been provided by the third party in "confidence" or specifically mentioned as "confidential". Sec 11 applies to only this category of information. Any other information (not termed as confidential or given in confidence) can be disclosed without referring to the third party. 2. The PIO should first decide whether he intends to disclose the information or deny it under Sec 8, Sec 9 or disclose part of the information under Sec 10 3. If he decides to disclose the information (full or part), he must inform the third party within 5 days, of his intention to disclose and ask the third party for any objections 4. Third party can file objections within 10 days of receiving this notice 5. Third party must have valid objections and valid grounds for asking the PIO not to disclose (In fact one of the PIO's mentioned that he regularly asks the third party to test the denial against various provisions of Sec 8 and 9 - only then the third party's submissions will be accepted. His argument was that only information under Sec 8 and 9 can be denied and there are no other grounds for denial of information under the RTI Act). Just saying that "we do not allow you to disclose" is not reason enough. 6. Once the third party reply is received, the PIO must apply his mind and decide whether to disclose or not. 7. Objections, if any, and the representation of the third party is a public document (a "record") and therefore a copy can be given to the applicant, if requested. 8. PIO must inform the thrid party about his final decision 9. Third party has a right to appeal under Sec 19(1) and 19(3). Can members please add their views to the above.
  13. Hi, First of all I would like to thank the hard working and knowledgeable contributors to this site -- THANK YOU! I would like to know if the following application to the Municipality is sustainable, i.e, what are my chances of getting the information requested. Any thoughts are appreciated. Rgds Gerard ---------------- Municipality – 30th April, 2010 I am to state I am the sole owner of the property XX, Rue Dumas, Pondicherry 605 001, via a settlement deed 1966 of 2005 (enclosed). I require information on a guest house known as the “FRENCH VILLA” located at XX, Rue Suffren – this business is run by one RM, the same tenant who is operating one “HOTEL DE PONDICHERRY” out of my premises on XX, Rue Dumas. My argument for disclosure of “third party” information (and therefore in the public interest) is to establish a pattern of willful deception & connivance on the part of RM as a person who repeatedly breaches his lease terms whilst still managing to fall outside the “radar” of the various governmental agencies that supply him with the necessary licensing to do business. My understanding is the landlord (one MF) of the “FRENCH VILLA” originally had given the lease on residential terms, but RM during her extended absence in France made several structural alterations to building and “converted” it to a guest house cum hotel. I am further led to believe she has submitted a complaint letter with accompanying documentation to your department informing of the above and is seeking cancellation of the “FRENCH VILLA’S” trade license. Therefore I require: 1. A summary of the complaint by MF 2. Copies of all relevant documentation including the original complaint letter/s and show-cause notice/s sent to RM (and his subsequent replies) 3. The current status of the “FRENCH VILLA’S” licensing, i.e, has the license been renewed or cancelled? 4. If cancelled on what basis has your department determined grounds for cancellation? I have provided the relevant text pertaining to Third Party information as per the Right to Information Act, 2005: 11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
  14. sir, i want to know a person it return are only one part in returt, in a criminal case he shows my pending amount in court, so i want to know about my name in his balance sheet in creditors, i know he is fraud,ant no i have no trasection,so he cant my name in his balance sheet in income tax return in creditors, as a i.t.rule, he will punish 3 times penalty for it,if i dont get my name in his i.t. written, when i apply for i.t.return, he object and my applicasion is dismiss, now i want go to appell, kya ve accept karege,
  15. As posted by Jasneet Bindra at indianexpress.com on Feb 03, 2010 Chandigarh : Punjab Chief Information Commissioner R I Singh has asked the police to provide an RTI applicant a copy of the inquiry report into a land deal, in which a woman allegedly sold part of a public street through a registered deed. Dismissing the police plea that this was third party information as the complainant was not a party to the case, Singh said, “The information is of public interest, as it has been alleged that an individual has fraudulently sold public land. Police have conducted an inquiry and papers related to it are public documents.” Ludhiana resident Mehar Chand had sought copies of the report of the inquiry conducted by the Economic Offences Wing of the police. The appellant alleged that Sawaranjit Kaur had fraudulently transferred a part of the public street by a registered deed in favour of Harvinder Singh. Ludhiana SSP (the PIO) and IGP, Zonal-II, Jalandhar (the first appellate authority) were respondents in the case. Kaur had earlier entered into an agreement with Jaswant Singh for sale of the property, but when he realised that she did not own the land, he withdrew. Alleging fraud, Jaswant submitted an application to the SSP, Ludhiana, and an inquiry was conducted by the EO Wing. Mehar Chand said public interest was involved in this case and police inquiry has established fraud in the deal. The respondent, on the other hand, took the plea that Mehar Chand was a third party as he was neither the complainant before the police nor the disputed property’s owner. The CIC said Section 11 of the RTI Act requires a PIO to give a written notice to the third party and invite submission asking whether information should be disclosed. “If public interest is involved, which outweighs the interest of third party, information must be disclosed. The criterion is of public interest,” Singh said. “There is nothing confidential about either the complainant made by Jaswant Singh or the conduct of Sawaranjit Kaur for which information should be withheld,” the CIC said Source: Information under RTI Act can be provided to third party, CIC tells police
  16. IDBI was main bank handling the account of company when the dispute started IDBI filed suit with DRT and after filing suit it seems have transfered the case to SASF without notice to us, and we are not party to this transaction. SASF is separate body ,who has answered and denied information as not available with them but accepted some mistakes on behalf of IDBI and some were denied u/s 8 Since my application was to IDBI so assuming non reply I sent reminder application to CPIO and at the same time filed appeal with IDBI appellate who has replied that information sought is held by third party i.e. SASF Kindly guide for 2nd appeal. SASF reply and RTI applns.pdf IDBI first appeal decision.PDF First appeal IDBI Bank.doc
  17. As reported at business-standard.com on June 16, 2009 Information about private properties of third party serving no public interest is "deniable" under the RTI Act, the CIC today said. The observation came while deciding a plea seeking details of assets belonging to ex-Maharaja of Udaipur. "If a Member of Parliament would have asked for information about the private properties of the third party (ex-maharaja of Udaipur in this case), the (Home) ministry would have taken the same stand and would have denied information," Chief Information Commissioner Wajahat Habibullah said. He said under such circumstances, it appears that the information is, per se, "deniable". "If it is deniable to the Member of Parliament, there is every reason to believe that its disclosure cannot be held to be in public interest. The claim of exemption is, therefore, held justifiable," he said. The case relates to an RTI application of one Basanti Lal Singhvi who sought details regarding - Saheliyon-Ki-Bari - which was the private property of erstwhile Maharaja of Udaipur in Rajasthan. Singhvi said he had purchased land from Maharaja of Udaipur in December 1963. But later a PIL was filed in the court claiming that property sold by ex-Maharaja to Singhvi family is a state government property and Maharaja was not authorised to sell it. Source: Info on pvt property with no public interest is deniable: CIC
  18. As reported by RAGHAV OHRI at indianexpress.com on 15 June 2009 Chandigarh : The Personnel department of the Punjab government has refused to share details of the assets owned by IAS and IPS officers in the state. The information was sought under the Right to Information (RTI) Act by advocate H C Arora. In the application filed with the Personnel department (IAS Branch), Arora had stated: “Whether there is any requirement under relevant rules for the IAS and IPS officers to submit their statement of assets periodically to the State Government/ Central Government with a copy to the State Government? If yes, how many IAS/ IPS officers have submitted their statements/ returns of assets?” “Please supply me the copies of their latest returns, and the return statement submitted initially at the time of joining of service,” Arora had said in the application. In response, the Assistant Public Information Officer (ASPIO) said in an official communication: “The IAS officers are required to submit under Rule 16 (2) of the All India Services (Conduct) Rules, 1968, every year, a statement of their assets, which is kept on record.” But the details Arora sought were denied: “As regards the request for supplying copies of the property returns, submitted by IAS Officers, it is stated that this information being a third party information, cannot be supplied.” Now, Arora has filed an appeal with the first Appellate Authority of the Personnel department, which has sent a letter to the Secretary, Department of Information & Technology, seeking advice on the appeal. Arora has received a copy of the letter. The letter reads: “You are requested to advise the Personnel department as to whether information relating to assets of the officers, as sought by the applicant, is to be provided or not under Section 8(j) of RTI Act, 2005. The above advice may be given at the earliest so that the appeal may be disposed.” Arora is yet to be communicated about the final decision on his appeal. Advocates, meanwhile, say the information should not be denied. Senior advocate R S Cheema said such information cannot be denied since these officers are public servants, and according to law, they are under obligation to provide details of their assets. Advocate Amar Vivek was of the same opinion. “Under no legal provision, IAS and IPS officers can withhold details of their assets. It is not personal information by any means. They are government servants and not private people.” Earlier, Arora had sought similar information from the public information officer (PIO) of the DGP, but it was denied. Source: Lawyer seeks list of babus’ assets, govt says sorry
  19. hi to all members, i am here to share my experiences related to rti act presently m presenting second appeal to SIC bhopal facts are- my questions for state bank of india were- 1} how many officers posted at branches/offices at indore whose transfer orders have been issued for more than 5 months but they have not yet been relieved/provide their names along with the date of their transfer orders 2} inform the specific dates on which they will be relieved and the reason for each officers who have not been relieved till now 3} if the transfer order of any one{officer} has been cancelled then give the name of such officer and the reason thereof i was denied information under section 8 (1)(d) and section 8(1)(j) please suggest me what shud i write in my appeal
  20. As reported at www.indopia.in on 2 March 2009 New Delhi, Mar 2 (PTI) Leaves availed during the service period are not personal and private matter of the employee and should be disclosed under the RTI Act, the CIC has held. "Leave taken by an employee from a public authority is a matter of exercise of the discretion vested in the public authority to grant such leave. There can be no bar on the disclosure of an information which is about how the public authority exercises its powers to grant leave to its employee,"the CIC said in its ruling. Information Commissioner A N Tiwari was hearing the plea of one Raj Kumar who sought information about the leave account of an employee of the New India Assurance Company Limited. The insurance company had rejected the application on the grounds that it was personal information of the employee, a third party, and could not be disclosed. "It cannot be said to be a personal or a private matter of that employee,"Tiwari said directing the insurance company to disclose the information within two weeks of the receipt of the order. Source: 514549 : National : Leaves not a personal matter of an employee: CIC
  21. p.esakkimuthu

    Third party information

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