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