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RTI application by Power Of Attorney


vinayjdatar

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No. Only a Citizen can file the application as enumerated in Section 3 of Chapter II of the RTI Act 2005 (reproduced below):

 

CHAPTER II

Right to information and obligations of public authorities

3. Subject to the provisions of this Act, all citizens shall have the right to information.

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There is no need of Power of Attorney. If someone wants to file an application on someone's behalf, he can do so without submitting any power of attorney. As per section 6(2) of the RTI act, the person filing an application dont have to give any reason or any personal details except those that may be necessary to contact him.

 

If you are asking for third party/personal information which is related to the person in whose behalf you are requesting the information, you can submit a No Objection Certificate from that person under section 11 of RTI Act stating that he has no objection to providing his personal information to you.

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dr.s.malhotra
Can a Power Of Attorney submit the application under the RTI on behalf of the applicant?

 

if the person is GPA (General Power of Attorney ) holder ( called agent) , he can do anything on the behalf of the person who has given that power (principal, granter or donor (of the power) ). If a SPA (Special Power of Attorney ) is given for the specific purpose of RTI Applications , the holder of Attorney (agent) can again file RTI Applications on behalf of the principal using that SPA .

 

Otherwise , as Ld. Sh. Dinesh ji has noted , there is no need to use somebody else's name -- unless of course person has something else on his mind .

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Person A can file RTI application and then give all further rights (dealing ) in the matter ( includes filing and appearance in Second appeal ) to person B just by giving plain paper authorization letter ( which includes both signature of both Person A & B ) and stating that from now on wards person B will be dealing in the matter

( it is good to give some reason for authorization )

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vinayjdatar

To,

smbhappy, dineshk and dr. s. malhotra

Dear Sirs,

Thank you for your guidance for my qurrey related to the RTI application.

Regards,

Vinay J. Datar

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dr.s.malhotra

Sir ,

XX gives POA to YY . XX is citizen and YY is also citizen . But by virtue of POA , YY becomes XX . So still remains citizen . In absence of donor , the agent can file any application before any authority and even initiate court proceedings or respond to court proceedings .

So to my little mind it appears that POA can file RTI Application and further go in for 2 appeals or complaint without seeking further directions from the donor principal .

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Dr. Malhotra,

 

As per Rule No. 7 of the Central RTI Rules, one can authorize some one on behalf of the applicant to represent the applicant before PIO/FAA/IC But he cannot file RTI application on behalf of some one else (applicant) as a PoA for filing the original application.

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dr.s.malhotra

Dear smbhappy Sir ,

with due regards .

The RTI Act is silent on POA and authorizations as well . Power to act on basis of POA flows from Power of Attorney Act ,1882 and not from RTI Act .

 

Section 2 of Power of Attorney Act is reproduced below .

2. Execution under power-of-attorney.

The donee of a power-of-attorney may, if he thinks fit, execute or do any 1[XXX] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every 1[XXX] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.

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Please remember that any citizen of India can ask for any information from any public authority.

 

So, why is there a need for Power of Attorney ?

 

Let the person using the PoA file the RTI Application under his signature only. He/She has the same right as any other citizen.

 

Why is everyone trying to complicate a simple issue ?

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Dear Karira

 

You have not understood the context/import of the question.

In RTI information disclosure can be calibrated to the seeker

of the information by the PIO.

 

XX holds a bank account in PSU bank. XX has given a PoA to YY.

Can YY use RTI to enquire about XX's personal details like

bank account etc during XX's lifetime ?

 

What are the checks and balances to prevent PoAs misusing

RTI, say in CGHS housing societies ?

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Sarbajit,

 

if YY has a PoA from XX for the Bank Account, then he can get the details of the Bank Account even without RTI.

Why does he need to file a RTI application at all ?

 

There is something more to the query, then meets the eye.

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Section 22 of the RTI Act overrides all other Acts in force for the time being. Thee is no other provision other than citizen requesting for information under the act, and it leaves no scope for a PoA.

 

As already stated Rule 7 of the Central RTI Rules framed under section Section 27(1) of the Act provides for the personal appearance of the applicant, appearance through the authorized person or opt not to appear at all.

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dr.s.malhotra
There is something more to the query, then meets the eye.

 

it appears so .

Generally speaking , there is potential for misuse / abuse of POA in this context .

Thanks to Sh. smbhappy Sir , Karira ji and Sarabjit ji for good animated discussion , hope we get answer to the core issue from some Decision / Order . Though the issue is unlikely to have any consequence for majority of the community .

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I think a POA holder can file RTI application on behalf of donor, provided PA contains clause authorising holder to file such applications. However, both must be India citizens.

 

Even authority letter to file RTI application is sufficient. In one case, we obtained authority letter from a person who was in jail to file RTI applications and appeals on his behalf by his brother and it worked. There was problem of getting papers signed in jail by applicant, since he was lodged in jail 150 kms away.

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