Can anyone put objection to provide the information asked under RTI

[nik_in]

Hi..

I have asked few information/ documents from Sr. Inspector (health Dept, BMC) abt a Hotel under RTI, but they refused to provide the information saying that 'The Indian Hotel & resturatant association has objection in providing the info'.
Can any non-government organisation like this can put objection to provide the information asked under RTI ??

Thanks in advance..

//Nik

[Abhinav Bohare]

The Central RTI ACT extends to the whole of fices of India except the State offices
RTI in their Society constitution..

One I know is Sweearindia (www.sweearindia.com)

But NGO , Corporate and other such organizations, institutes, societies not owned controlled or substantially financed by the Govt are not covered under RTI Act

[karira]

nik_in,

It all depends on what type of information you asked.

Can you please elaborate what is the information you asked for ?
Did the PIO give you the reason for not providing information in writing ?
If yes, what does the reply say ?

Please visit http://act.rtiindia.info/ and read Section 11 of the act which deals with information about "third party".
Even if a "third party" objects, the PIO must apply his mind and reason as to if the contention of the "third party" is valid or not.

Do not worry, even if PIO has rejected your application, you still have the First Appeal open to you.

That is why I am requesting you to share the above information so that members can help you.

[nik_in]

Hello Mr. Abhinav,

The information asked abt the hotel was as below :

1. Name of the owner of the above hotel.
2. Residential address of the owner.
3. Whether the above hotel falls under public sector / private sector.
4. Total Area of (a) Eating house (b) Storage area (c) Kitchen.
5. Date of commencement of above hotel.
6. A copy of license certificate of above hotel.
7. The name & designation of officer providing the above information.

They replied as you are asking abt Third Party Information & hence objection from Indian hotel & restaurant association...

Pls guide me if any wrong information was asked to get such reply...

Thanks...

//Nik

[karira]

nik_in,

First, there seems to be nothing in the information that you have sought, which could have possibly convinced the PIO that a thrid party can object.

Secondly, how did the Indian Hotel & Restaurant Association come into the picture ? If anything, in this case, the Third Party could have been the Hotel Owner. It looks as if the PIO has informed the association about your application and brought up an excuse to deny you the information.

Please read the BMC Act sections 394 and 412A, which cover licensing and controlling of trade dealing in food. I cannot find a online copy of the Act. There must be similar sections about Hotels. In any case, the Hotel you referred to has a restaurant. As per my experience, restaurants and eating houses have to display the license obtained in public.
(For example, in AP, every Shop and Establishment needs a license and that has to be displayed duly framed, in a prominent place EVERY YEAR after renewal).

I am sure the situation should be similar in Maharashtra.

If the license issued is "public" then the application made for the license should also be public. It is a "public" eating house and a hotel...with "rights of admission" and therefore there can be no denial for the information you have asked.

If you are still within the time limit, please go in for First Appeal.

[colnrkurup]

Mr.Abhinav Bohare has very correctly explained the legal position. The Hotel &Resaurant Asspciation cannot be considered as under the control of the government or substantially financed by government et., etc., But there is a way to get the information. You ask the SPIO of the Municipality/Corporation which grant him licence. They are in possession of all the information you need. Another fact is that the Municipality has control over the Hotel. The Hotel cannot be run unless the Municipality grant them licenmce.

[Abhinav Bohare]

Mr Colnrkurup

Kindly go through the thread once again and pl do note that it was initiated by nik_in .

So it is requested that kindly reply to the member concerned...

But as I have subscribed to the thread , therefore I am thnkful for your reply and request nik_in to kindly go through the suggestion by Colrkurup

In fact nik_in also go through the reply by mr Karira ....He has given wonderfull suggestion too

Thanks

[mpai]

Originally Posted by karira

nik_in,
i
If the license issued is "public" then the application made for the license should also be public. It is a "public" eating house and a hotel...with "rights of admission" and therefore there can be no denial for the information you have asked.

The above point raised by Karira is absolutely correct. Col Kurup had tried to cut corners, but given the issue raised by Nik_in and Karira, it stops short.

Nik_in, since the PA has already denied you the information, using the "3rd Party" escape route, you have to go in for an Appeal. It need to be confirmed, if the exchange of communication between the PIO & the 3rd Party was also endorsed to you or not. If the communications were not sent to you then you have a bright chance in the 1st Appeal. Else only the 2nd Appeal with the CIC/SIC as the case may be would work out.

Manoj

[Abhinav Bohare]

Law is always above Truth

And who else But Manoj can appreciate this better....

Well done everyone and all of US

[nik_in]

Hello everybody,

First of all i thanks all the members for their valuable suggestions..

After a month i go a reply to my 1st appeal on below issue.. Its a 2 page history given by the Appellate auth in the sections like :
1. Appeal hearing
2. Analysis
3. Order

In the appeal hearing section, it is the entire history of the information asked along the letter nos & reply given to us.

In the analsysis section, the appellate auth. says that ' The appellant should have been given the reply on each of the points raised by the applicant. The PIO have not applied his mind while rejecting the information'

A surprising reply from Asst. Commissioner, BMC (Appellete Authority)

Morever, in the order section they have written that they will seek the owner of the said hotel abt the questions asked by us, & then we will be given the information after considering his (owner of hotel) views within 15 days..

Is the appellate auth. has passed the proper order ?

Why they are considering his view ? Offcourse he will deny them for providing the information to us..

Should we wait for 15 days & then put 2nd appeal to CIC ?

Pls suggest..

Thanks in advance.
//Nikhil

[karira]

nik_in,

The AA does seem to have passed the correct order.
It was the option of the PIO to ask the Hotel owner as a "third party" especially about the points 1 and 2 of your querries.
Even now, the PIO must apply his mind and give a reasoned order in case he decides not to give you the information you asked.

Did you see the relevant sections of the BMC act (sections 394 and 412A) ?

Even if you haven't, you can file another RTI with the same PIO on th following lines:

1. If Hotels and Restaurants in Maharashtra are supposed to publicly display their licences ?
If yes, under what or which section of which act ?
2. What type of information is to be contained in the licence ?
3. If Hotel/restaurant called ..........located at...........has been issued a licence ?
Since the licence is for public display and you are the issuing/controlling authority, please provide me a certified photocopy of the said licence of the abovementioned hotel/restaurant ?
4. Please also provide me the certified copy of the application made by the owner of the hotel/restaurant mentioned above for obtaining the licence.

[mpai]

Originally Posted by nik_in

' The appellant should have been given the reply on each of the points raised by the applicant. The PIO have not applied his mind while rejecting the information'

Morever, in the order section they have written that they will seek the owner of the said hotel abt the questions asked by us, & then we will be given the information after considering his (owner of hotel) views within 15 days..

Since the AA has in his quasi judicial role, already given his decision, the CPIO cannot apply the third party clause here in seeking the owner of the hotel. Even if the AA has mentioned it in his own decision, the same is not tenable for as per the rules, the respondent i.e. the CPIO cannot come up with the 3rd party clause.

The CPIO has no option other than to give you the information immediately. Further the penalty clock has already started ticking for the CPIO with the start of the start of the 15th day.

Manoj