What does information means under RTI?

[avdhesh]

I read in the article:

"information" means any material in any form, including records, documets, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

Does this has any exceptions to it?

[kushal]

Under Section 2(f) Information doesnot mean every information. It means only such information which is recorded and stored and disseminated by the public acthority.

News itself is not information. The citizen cannot ask the information officer as to what is the news.

But the statements and news letters released by the Public Relations Officers are information. Information which is otherwise open and available is not information under this Act. One cannot ask the information Officer about the railway or airway timings. The public are however, entitled to know then if the matter involved is one which relates to the administration.

To be precise, it is only that information which relates to administration and which the authorities under the Act are obliged to publish or which is obliged to be kept in record is the information for purpose of this act.

Also word 'Private body' means which is recorded by public authority in pursuance of any Law. By this means that the account of the person of the Post office can be sought after by another subject to the rule of confidentiality.

[maneesh]

Here it is pertinent to metion the Preamble of RTI
Whereas the Constitution of India has established democratic Republic;

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

The ideal of RTI to ensure governemnt does its job in transparent fashion.

[NRUSINGH]

Sometimes people request for information which is not available in one particular file , but has to be compiled from hundreds of files or documents. Can it be called information under the RTI Act?
A lot of time is spent / will be spent if data pertaining to hundreds of persons is tabulated. e.g. (Hypothetical question)
If a person asks to know all taxpayers who have paid tax above Rs. 1 crore, and taxes paid by them in the previous 10 years. How many of them are companies? How many of them are in trading activity and how many of them are in manufacturing activity?

In such a case it will be extremely difficult to compile this information. It is also not clear as to if no objection has to be taken from all persons whose information will be contained in this.

[kushal]

1. Yes, muti-file information too is termed as information. There are two ways of dealing them:
   • Ask the applicant to inspect the document and have the information.
   • Read this thread: Cost of providing information?
2. Any third party information which specifically talks of the individual assesse should invariable be treated as under 3rd party proceedings, off course it is left to the discretion for the CPIO to let that information too if public interest over weighs. Company information should be revealed, if that does not hurt the commercial and/ or trade secret or put the company in disadvantage.

[karira]

NRUSINGH,

If a person asks to know all taxpayers who have paid tax above Rs. 1 crore, and taxes paid by them in the previous 10 years. How many of them are companies? How many of them are in trading activity and how many of them are in manufacturing activity?

This type of information should be available with CBDT.
If it's not, they better collect it from whatever sources within the same PA that has the information. I am sure that if big officers of the Tax Dept. have not seen such information, it will be a revelation to them also.

Let me give you a corollary (although private sector and government are two different things):

Lets say, if I am the Marketing Manager of a FMCG company. I should know what are my sales, who are my big buyers, whether they are General Stores, Super Markets, Chemists , Grocers, etc... If I don't have that kind of information how do I plan, increase my sales, take corrective action ?

If the tax department doesn't have this information in one place , I wonder what data they are using for planning ?

[gaurav_bandi]

you are quite right, but what is the recourse available to us in case the PIO or his govt dept does not keep the said data handy.

else what is the way to know before hand if such data will be available with the PIO or not.

[mpai]

Originally Posted by karira

NRUSINGH,

If a person asks to know all taxpayers who have paid tax above Rs. 1 crore, and taxes paid by them in the previous 10 years. How many of them are companies? How many of them are in trading activity and how many of them are in manufacturing activity?

This type of information should be available with CBDT.

If the tax department doesn't have this information in one place , I wonder what data they are using for planning ?

One should study the Allocation of Business Rules of the respective public authority to arrive on the decisions. Info like the taxpayers who contribute more than 1 crore should be readily available with CBDT as all such info had been computerised long ago. If any Dept. does not have the information, it would amount to dereliction of duty. One can complain against the erring officials / officers and insist on charges be framed.

Wishes

Manoj

[DineshK]

I once asked the following question to DDA.

1. Do the authority/officials know that xxxx place has been encroached by unauthorized persons ?

2. How often the officials should visit a place to ensure that there is no encroachment ?


The answer I received from PIO was that I could only ask the information which is on record/file.

What could have been a better way to put such question ?

[mpai]

Originally Posted by DineshK

The answer I received from PIO was that I could only ask the information which is on record/file.

What could have been a better way to put such question ?

It appears that the PIO is trying to show his smartness. You will have to demand that you would like to inspect all files and documents related to related to encroachments. Further, you can also insist that you would like to accompany the officers when they visit sites etc. As a citizen of a democratic country, you have full right be involved in the working of the government. So you can be involved in the matter under Section 2(i) of the RTI Act.

You can also ask your friends and neighbors to file similar applications and demand inspection.

Keep it up

Manoj

[abhijeet]

Inspection of files and documents are sometimes not useful. As it has been observed that to help the corruption the concerned corrupt officers are simply avoiding any specific comment on the related matter. I had a bitter experience of file inspection , they did not elaborate anything--- onle mentioned"Discussed" . The PIO took this oppourtunity of avoiding harassment and simply replied-- "Nothing is available in the record" . Even as I mentioned earlier in other thread- PIO is avoiding reply wrt 4(1)(d) by simply saying -- No recorded reason is available' . Then 1st appeal, 2nd appeal/ complaint - but they are united to help corruption and corrupt people.

[colnrkurup]

RTI Act is not the solution to all problems. If the required information is not HELD by the public authority there is no way out. Of cource Section 4(1)(d) if wisely used can overcome this propblem considerably.

[mpai]

Originally Posted by abhijeet

Inspection of files and documents are sometimes not useful. The PIO took this oppourtunity of avoiding harassment and simply replied-- "Nothing is available in the record" . Even as I mentioned earlier in other thread- PIO is avoiding reply wrt 4(1)(d) by simply saying -- No recorded reason is available' .

You have skipped 4(1)(c). You can ask for the policy in decision making under this section, while seeking your personal involvement under 2(i). You resort to 4(1)(d) only when both fail.

The PIO is getting the upper hand over you due to your ignorance of the RTI Act. You are not supposed to write to the PIO, you have to approach the Head of the Office. Try this route first and see the response. If the respondents (PA) still tries to evade, you have to complain with the Head of the Dept. and not AA.

Note, there is a wide gap between information requested U/s 4 & 6 respectively.

[jvblogger]

Originally Posted by DineshK

I once asked the following question to DDA.

1. Do the authority/officials know that xxxx place has been encroached by unauthorized persons ?

2. How often the officials should visit a place to ensure that there is no encroachment ?


The answer I received from PIO was that I could only ask the information which is on record/file.

What could have been a better way to put such question ?

I would suggest a bit long procedure. First you should inform DDA by writing a letter about possible encroachment and request for necessary action as per the DDA act. After sometime , say 20-30 days , you can ask under RTI about the steps taken upon receiving your letter. Sample questions like following...

* Wheather DDA has visited the area?
* if yes, certified copies of the notes of visit/supervision be provided?
* Weather DDA found any encrochment in the area?
* If any encrochment is found, what actions have been taken by DDA?

Additionally you can ask questions about the functions/duties of DDA

* Does DDA regularly visits/supervise all the area under its jurisdiction?
* If yes, what is the interval i.e. weekly/monthly/quarterly
* Wha are the procedures/policies have been formed for regualar

[mpai]

Originally Posted by jvblogger

I would suggest a bit long procedure. First you should inform DDA by writing a letter about possible encroachment and request for necessary action as per the DDA act. After sometime , say 20-30 days , you can ask under RTI about the steps taken upon receiving your letter.

Additionally you can ask questions about the functions/duties of DDA

I am afraid, Jvblogger, if its the same PIO on duty, you will receive the same kindly of reply provided to DineshK. Why dont you read the able and sound advise given by Maneesh and Kushal, earlier in this thread? There is also a lot of sense in the post made by Col Kurup.

Manoj

[jvblogger]

Originally Posted by mpai

I am afraid, Jvblogger, if its the same PIO on duty, you will receive the same kindly of reply provided to DineshK. Why dont you read the able and sound advise given by Maneesh and Kushal, earlier in this thread? There is also a lot of sense in the post made by Col Kurup.

Manoj

I shared my experience. Further the question formed by DineshK was sort of asking the state of mind (knowledge) of an authority, which an individual can possess but not legal person like DDA.

One can ask for information under RTI, but cannot interrogate like police.

It becomes one's duty to point out the problem and ask the necessary steps. Thereafter RTI can be used like sure shot. Once you point out the encroachment and ask for the removal DDA is in fix.

Manoj, there are endless possiblities to tackle any problem. I shared my view. Dont advise me ever stating who makes more sense.