Can a Secretary ask for any information?

[nile0611]

My Society Secretary asked for information under RTI Act from BMC after 30 days we received the reply that the applicant is not citizen and so information cannot be given as per RTI Act.

[kushal]

Yes, only Citizen have the right to ask for information. Interpreting this, the Unions/Organizations cannot ask for information under Right to Information.

You would like to read the decision of CIC here!
http://www.rtiindia.org/forum/118-post1.html

[babloo]

yes nile, any organisation/society cannot ask for information under RTI, so, In your case, the application which was made to BMC was signed by the secretary on behalf of the society, BMC rejected the said application stating that since a society is not a citizen, the application is not covered under the RTI Act, but the intresting part is that if the same secretary applies again to BMC as an individual, then BMC is bound to reply, so apply as an individual, collect the information, forward the reply to the society and the society can use the information if it is supplied by its member, hope this helps you

[mpai]

Originally Posted by nile0611

My Society Secretary asked for information under RTI Act from BMC after 30 days we received the reply that the applicant is not citizen and so information cannot be given as per RTI Act.

As long as your secretary wrote his name and signed the application, he is fully entitled to get the information. In short, your secretary is a citizen of the country. A recent CIC Appeal No.139/ICPB/ 2006 F.No.PBA/06/ 188 October 25, 2006, allowed the information in a similar case.

Best wishes

[ganpat1956]

Thank you Pai for this citation. These replies make our forum livelier day by day.

[mpai]

Originally Posted by ganpat1956

Thank you Pai for this citation. These replies make our forum livelier day by day.

One must not forgot that this is your country and my country. The Govt. running this country is using your money and mine. So its our duty to make sure that they run the country as we want it and use the money, the way we fell they should.

Best wishes

[kushal]

I happen to read the decision quoted by mPai.

Recently, this Commission has decided that even if information is sought by an office bearer of an Association/Union, the same should be treated as valid in terms of the provisions of the RTI Act.

It mentions that CIC in some previous decision decided that Union bearer application can be treated as valid under RTI.

@mpai
Can you direct me to the previous decision where CIC had decided this?

[mpai]

Originally Posted by kushal

I happen to read the decision quoted by mPai.



It mentions that CIC in some previous decision decided that Union bearer application can be treated as valid under RTI.

@mpai
Can you direct me to the previous decision where CIC had decided this?

There are several decisions. Looks like some of them have been pulled off the CIC site. Let me check out and inform later.

Best wishes

[ganpat1956]

Kushal, I have been able to trace the following decision of the CIC in this connection. Please find out if it is in order:

1.CIC/WB/A/2006/00336 dt 09.08.2006

(In the pdf format of the decision, the date is wrongly mentioned as 09.05.2006)

[kushal]

Although the Act guarantees right to information only to a citizen, in the instant case, the appellant is seeking information on behalf of other members of the Association, or simply a group of citizens, not a body corporate. The basic objective of the Act is to give information, rather than to withhold or deny a right recognized.

Yes that is the decision. I am attaching it here for the reference as many Officers would require this

[mpai]

Here are some of the cases where the "Associations" were allowed

CENTRAL INFORMATION COMMISSION
Appeal: No. CIC/OK/C/2006/ 00001
Dated, the 10th July, 2006
Name of the Appellant:The General Secretary, Hindustan
Cables Ltd., VRS Employees Welfare Association, Hyderabad
Name of the Public Authority : Hindustan Cables Ltd., Kolkata

CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/ 2006/00364
Right to Information Act 2005 – Section 19
Appellant: Shri Sandeep Jain
Respondent: India Meteorological Deptt.

CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2006/ 00313 dated 13.6.2006
Right to Information Act 2005 – Section 19
Appellant Shri Ravinder Balwani
Respondents : Department of Power, Government of NCT of Delhi

Maybe somebody would like to upload the appropriate CIC decisions.

[ssn]

this was just the query I had, our building society has finally put in an application under RTI to the PIO of BMC but applicant he has advised us to put our housing society name with the treasurer signing on its behalf . We affixed a court fee stamp of Rs.10 with a self addressed envelope and an AD card attached for the info. to be provided by registered post. Oops hope its a really big cover since we have asked for ALL the documents submitted pertaining to our bldg. Hope we get the info. will let u all know the result. Celebrations are on in the BMC after the recent elections!!
How do they give the required info- directly or do they send a reply first?

[mpai]

Originally Posted by ssn

but applicant he has advised us to put our housing society name with the treasurer signing on its behalf . We affixed a court fee stamp of Rs.10 with a self addressed envelope and an AD card attached for the info. to be provided by registered post.

I do not know if you had applied under the Central RTI Act 2005 or under the Mah. State Info Act. I am not familiar with the latter. Now my replies for the posts highlighted in color, the replies are in the same color, so as not to cause any confusion.

Why do some folks listen to people, who are not conversant with the Act themself?

As per the Central Act. there is no need to attach self address envelope or AD Card. Only cost of photocopying or inspection of documents are applicable. Postage is generally paid for by the PIO's Office.

[ssn]

thanks for that firing! honest, I had my doubts, but the committee thought better of a lawyer's opinion than a secretary's and justifiably! the application was filed under the Act of 2005. We have been told to pay in cash on receipt of documents. (to enquire after 7 working days since date of application which was 2nd feb.) by the way, they also didn't accept the self addressed envelope and ad card.

[ganpat1956]

Recently I came across a report in "The Telegraph", Calcutta, datelined 04 Feb.2007, that a former MP and secretary of CITU, Dipankar Mukherjee has been denied information under RTI, because he asked for it in his capacity as secretary of CITU. I am furnishing the link to this news item below:
The Telegraph - Calcutta : Nation

Despite several decisions by the CIC in this regard, it appears that the PIOs and AAs are not getting themselves acquainted with the latest under RTI.

[mpai]

Originally Posted by ganpat1956

Despite several decisions by the CIC in this regard, it appears that the PIOs and AAs are not getting themselves acquainted with the latest under RTI.

The PIOs / AAs are very must conversant with the act to the extent to deny you information, by quoting the various exceptions. They are just afraid that somebody might expose their misdoings!

Given a chance, even these same PIOs/AAs would file an RTI Application for their personal benefit

[karira]

Reposting from another thread:

There is a small article in today's Economic Times referring to the following decision of the CIC:
http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf
The article says that Companies can also file applications under RTI Act.
can someone please clarify..

[mpai]

Originally Posted by karira

The article says that Companies can also file applications under RTI Act.
can someone please clarify..

For some reason, CIC has been favouring companies and NGOs in filing RTI Applications. eg Transparency International India, Cannon etc.

Maybe future decisions would let us know more about this subject.

[Jitesh Bhattacharjee]

Tell the secretary to request for the information in his name. In this case also, if the authority deny information, he may appeal first to FAA and then to the Information Commission (state/central), if necessary.