Can a Secretary ask for any information?

[deeaar]

Hi,

Can someone please advise me if a Registered Society can file an Application under the RTI Act? We have a Registered Association of residents in our colony in Hyderabad. And there are some issues we need to take up with GHMC (Greater Hyd. Municipal Corpn.) Can our Association file an RTI application or does it have to filed only by an individual citizen? Pl. advise.

Ravindra D.

[pramodkolappadi]

Ravindra, Registered society is a legal entity (which is cinsidered as fictitious person) and can do all the acts permitted by law, as if it is an individual. OK? inform, if any furthur clarification is required.

[SomeGuy]

Section 3 of the RTI Act of 2005 states:

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

I don't know if the legal fiction of person-hood granted to an institution or body extends to granting them "citizenship" as well. However, PIOs are liable to use it as an excuse to deny the application.

May I ask why you consider it important to file in the name of the Association, instead of say, one of the members?

regards,
SomeGuy

[jps50]

Following decision of CENTRAL INFORMATION COMMISSION NEW DELHI [QUOTED by Chief Information Commissioner on 17.9.2007 in Appeal No.CIC/WB/A/2006/00895 ]would be of help to you:

DECISION NOTICE
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 “

I would suggest that you quote above decision in RTI application as addendum so that PIO does not reject application on this ground and then U will be required to file first appeal delaying info by 2-3 months. Alternatively let the secretary file in his personal name and give address of association and also mention his post in RTI application as a note. I could succeed in this way for a trust.

[ambrish.p]

Dear Ravindra

It would be better if an individual may file the RTI application. Please see this decision as attachment

regards

[pramodkolappadi]

Registered society is legal entity, as if an individual. It can perform all the legal and procedural acts as it is an individual, and hence any office bearer of a society can represent it and can make application under RTI Act, which I can say on the basis of 17 years of experience as a lawyer,

Thanaking U

[ganpat1956]

Please go through the earlier posts in this thread. We have been running this discussion for the last more than two years and I have merged posts # 51 to 56 with the main thread.

[Dinesh Pilania]

i think all organizations those come under jurisdiction, all covered. it is against the spirit of act to deny on technical matters after all they want to use information for public interest. and in a democracy public authorities are responsible to everybody. they govern nation on our behalf.

[advocate rajesh]

can't DOPT clarify such type of matters through some circular so that people don't get confused .