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  1. #9
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    Arun Nevatia
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    Default Re: No decision on the basis of non attendance of hearing by KMC FAA


    Quote Originally Posted by Yogi M. P. Singh View Post
    Hon'ble member-Here PIO was not directed to provide access to information by FAA but passed a cryptic order that if sought information can be provided under transparency act ,then made available to information seeker which shows that he didn't follow the section 4(1)(d). Here one thing is important whether company was seeking information through its director or director was seeking information on his own and sought information was denied by PIO as information seeker was director. Whether the post of director snatches the right to seek information under Transparency act.
    The info was asked by an individual in capacity of director of the company.
    XXX-director
    yyy pvt ltd
    The property is name of the company. There is a cic decision which allows info to director of companies



  2. #10
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    Dr. S.Malhotra
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    Default Re: No decision on the basis of non attendance of hearing by KMC FAA


    The info was asked by an individual in capacity of director of the company.
    XXX-director
    yyy pvt ltd
    The property is name of the company. There is a cic decision which allows info to director of companies
    you enter the shoes of company when you write :
    XXX-director
    yyy pvt ltd


    you no longer remain an individual citizen after writing this . You are acting for / on behalf of the company .
    I agrre with post #7 above .

  3. #11
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    Arun Nevatia
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    Default Re: No decision on the basis of non attendance of hearing by KMC FAA


    Relevant portion of decision note dated 17-09-2007 of Central Information Commission in Appeal No.CIC/WB/A/2006/00895:

    Our Decision with regard to applicability of sec. 3 of the RTI Act to applications for information has been spelt out in Shri J.C. Talukdar vs. CE(E), CPWD (Complaint No.CIC/WB/C/2007/00104 & 105 ) in which we had held as follows :

    “Even if it were conceded that a company or a corporate body is a legal entity distinct from its share holders and it is not in itself a citizen, it is a fact that all superior Courts have been admitting applications in exercise of their extraordinary jurisdiction from Companies, Societies and Associations under Article 19 of the Constitution of which the RTI Act, 2005 is child. Very few petitions have been rejected on the ground that the applicants/ petitioners are corporate bodies or Companies or Associations and, as such, not "Citizens". This Commission also has been receiving sizeable number of such applications from such entities. If the Courts could give relief to such entities, the PIOs also should not throw them out on a mere technical ground that the applicant /appellant happens to be a legal person and not a citizen.

    In conclusion we direct that an application/ appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituted as a body or otherwise should be accepted and allowed.1 The CPIO, CPWD, Kolkata will dispose of the present application of Shri Talukdar accordingly, as mandated by Secs. 6 and 7 of the RTI Act, 2005 within thirty days of the receipt of this Decision Notice”

    thanks to jps sir.
    My brother had filed rti in his name a exact photocopy. Reply was received and the same is under discussion under the thread unethical practice by KMC.

  4. #12
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    Dr. S.Malhotra
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    Default Re: No decision on the basis of non attendance of hearing by KMC FAA



    If the Courts could give relief to such entities, the PIOs also should not throw them out on a mere technical ground that the applicant /appellant happens to be a legal person and not a citizen.
    this point is open yet . Hon'ble SC , in one of their decisions [ CIC vs State of Manipur ] , have left this point , unspoken .
    para 25.
    It is quite interesting to note that even though
    under Section 3 of the Act right of all citizens,
    to receive information, is statutorily recognised
    but Section 6 gives the said right to any person.
    Therefore, Section 6, in a sense, is wider in its
    ambit than Section 3.

    You will find 2 words : Citizen and Person : used interchangeably , in RTI Act . But the reading of the full Act shows this to be more of a drafting error , rather than real intention . I believe RTI Act was enacted for the use of Citizens of India . Person , as denoted under RTI Act , does not seem to be juristic person , so the definition of citizen/person can not be enlarged . RTI Act is a separate entity and is not equivalent to Art 19 COI - though the two are related to RIGHTS .
    The jurisdiction of Information Commissions is bound by the boundaries of RTI Act , it can not be enlarged by Interpretations of ambiguities within Statutes which are the sole domain of COURTS .

    So , till higher Courts give their verdict , the matter is open to be interpreted in manner you or the different ICs like , and it is not settled issue .
    Likes jps50 liked this post
     

  5. #13
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    Default Re: No decision on the basis of non attendance of hearing by KMC FAA


    Quote Originally Posted by arunevatia View Post
    The info was asked by an individual in capacity of director of the company.
    XXX-director
    yyy pvt ltd
    The property is name of the company. There is a cic decision which allows info to director of companies
    Hon'ble member-When the information was sought in the individual capacity of director of company not for company and even company can seek information as directed by CIC , then what is difficulty before PIO in providing sought information. Please take a glance of following link-http://http://www.rtiindia.org/forum...-act-2005.html



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