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Reply not received from registrar of co operatives


kgjhajharia

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kgjhajharia

I had filed an RTI APPLICATION with Deputy Registrar of Co operative Societies, Mumbai in connection with statutory documents required to filed by societies regularly and other documents from the society.

 

The PIO in the Registrar office after filing the application informed me that he has informed the society and it will be available within a week. Thereafter I visited the Registrar Office several times and received evasive replies and till date no response has been received from him. Even the statutory documents filed to the Registrar was not given. I have filed my first appeal and expect the same treatment there too.

 

KINDLY ADVISE HOW I CAN LEGALLY OBTAIN THE DOCUMENTS UNDER RTI ACT?

 

KGJHAJHARIA

XXXXXXXX

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Sunil Ahya

> RTI Act offers you three hierarchical levels to obtain information under the RTI Act,

> RTI Application with the Public Information Officer (PIO) under section 6(1) of the RTI Act,

Not received information,

> File a First Appeal u/s. 19(1) with the concerned First Appellate Authority,

Still, not received information,

> File a Second Appeal u/e. 19(3) before an Information Commission.

 

> Please note, that all these three level are time bound, and so do follow the time-limits prescribed under the RTI Act (link provided by Sh. Ambrishji in Post No. # 2 herein-above).

 

 

> If you had filed a RTI Application and missed out on the time-limits, do not worry, you can file the same RTI Application afresh (i.e. once again) and this time around adhere to the time-limits prescribed under the RTI Act.

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kgjhajharia
Dear Member

 

a. Kindly post a copy of your application and reply of PIO here.

 

b.Time limits specified in the RTI Act - RTI Guide

 

Regards

Ambrish

 

Thanks Ambrish for reply.

 

I have posted copy of application filed and no reply was received.

 

Further kindly clarify whether on private limited companies sec 2(j) of rti act is applicable.

 

 

Regards

 

KG JHAJHARIA

 

SENIOR CITIZEN

1 RTI Application Dy registrar.pdf

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Further kindly clarify whether on private limited companies sec 2(j) of rti act is applicable.

 

 

Please read:

 

http://www.rtiindia.org/law/can-i-obtain-information-from-private-body-under-rti/1888/

 

How to get information of private entity under RTI? - Blogs - RTI INDIA- Right to Information

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Your RTI application is correct.

It is dated 30 Aug 2013.

When did the PIO actually receive it ?

 

From that date count 60 days and you need to file a first appeal for "deemed denial" before that date. Otherwise it will be time barred.

 

A draft first appeal for deemed denial is available here:

 

http://www.rtiindia.org/forum/attachments/ask-rti-query/2057d1272605984-rti-help-regarding-final-settlement-central-govt-employee-general-first-appeal-deemed-refusal-information.doc

 

You can use it after suitable modifications for your case.

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Prasad GLN

or else post your complaint directly to SIC under Sec.18 and let SIC call for facts from FAA, and after FAA orders , you can still have a chance of filing second appeal, if you are not satisfied.

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Sunil Ahya
or else post your complaint directly to SIC under Sec.18 and let SIC call for facts from FAA, and after FAA orders , you can still have a chance of filing second appeal, if you are not satisfied.

 

> Avoid filing a complaint u/s. 18(1) with SIC without first filing a first appeal u/s. 19(1) with the FAA.

 

 

> Download Maharashtra First Appeal form from the following link:

 

(you can fill this form with the help of general first appeal form attached in post no. # 6 above)

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Prasad GLN

Mr.Abhi, CIC is now following a practice of immediately sending complaint (Immediately means within a year) to concerned FAA and writing to appellant that they can file appeal if they are not satisfied with FAA's order In some cases, these orders are working well, and FAA's are taking it seriously and directing PIO to provide information within 10 days (As a member of this Forum, I am aware of Sec.18 Sikkim Govt., SC decision, Hon.Karira's Analasis of Sec.18 & Sec.19 but many FAAs may not)

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Sunil Ahya
Mr.Abhi, CIC is now following a practice of immediately sending complaint (Immediately means within a year) to concerned FAA and writing to appellant that they can file appeal if they are not satisfied with FAA's order In some cases, these orders are working well, and FAA's are taking it seriously and directing PIO to provide information within 10 days (As a member of this Forum, I am aware of Sec.18 Sikkim Govt., SC decision, Hon.Karira's Analasis of Sec.18 & Sec.19 but many FAAs may not)

 

Dear Prasadji,

 

The case pertains to Mumbai Division of Maharashtra State Information Commission (MSIC), and to the best of my knowledge the practice followed at CIC is not followed at MSIC.

 

And as such, filing a complaint without completing the step of first appeal u/s. 19(1), may not be advisable.

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Sunil Ahya
But what is relevant is the Sec.18 of RTI where direct complaint was stated. Please correct me if I am wrong.

 

> No it would not be advisable to invoke sec. 18 without first completing the process of sec. 19(1) ,

And moreover given the Supreme Court judgment on the subject of section 18 v/s. 19, it would not be advisable to invoke section 18 without invoking section 19 along with it,

 

Unless in a given situation where a person has completed both the section 6(1) and 19(1) and then due to some reason missed the time limits for invoking sec.19(3), then in such a case because sec. 18 has no time limit constraint one may then invoke it without invoking sec.19(3)

 

i.e.

 

Either one may follow - 6(1) > 19(1) > 18(1),

 

Or one may follow - 6(1) > 19(1) > 19(3),

 

Or one may follow - 6(1) > 19(1) > 18(1) + 19(3),

 

But following 6(1) > 18(1) would not be advisable.

 

 

> By the way, although this thread pertains to MSIC matter, let me quote the relevant Central RTI Rules, 2012 on the said subject:

 

10. Process of appeal.-

 

(2) The Commission shall not consider an appeal unless it is satisfied that the appellant has availed of all the·

remedies available to him under the Act.

 

(3) For the purposes of sub-rule (2), a person shall be deemed to have availed of all the remedies available to him under the Act:

(a)
if he had filed an appeal before the First Appellate Authority
and the First Appellate Authority or any other person competent to pass order on such appeal had made a final order on the appeal; or

(b}
where no final order has been made by the First Appellate Authority with regard to the appeal preferred, and a period of forty five days from the date on which such appeal was preferred has elapsed.

 

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