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applying in official capacity for personal matters

This is a discussion on applying in official capacity for personal matters within the Ask for RTI Query forums, part of the RTI Community Support category; i happen to be secretary of an association; i have applied in this capacity in my official letterhead for information on certain matters related to my personal affairs. i have ...


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  #1  
Old 07-25-2008, 10:33 PM
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Unanswered: applying in official capacity for personal matters

i happen to be secretary of an association; i have applied in this capacity in my official letterhead for information on certain matters related to my personal affairs. i have received a reply from the PIO that only citizens are entitled to reply under RTI and not officials in their official capacity.
i have sought , in another application, for a certificate regarding the injuries found on my person when i was admitted in a government hospital. PIO has stated that under RTI only information can be given and not a certificate which he says can be obtained on payment to the doctor who is competent to issue this certificate. is the PIO correct? i need members' views.
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  #2  
Old 07-26-2008, 12:51 AM
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Re: applying in official capacity for personal matters

Kindly read the tag here:
RTI India - Threads Tagged with secretary and specifically this post:

Can a Secretary ask for any information?
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  #3  
Old 07-26-2008, 07:28 AM
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Name: Col NR Kurup (Retd)
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Re: applying in official capacity for personal matters

Why complicate an issue ? In case you want an information why not ask the same in simple way as laid down?
As regards the second part, RTI Act has provision to get a certified copy of existing information and not a medical certificate the way you had sought.
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Old 07-26-2008, 08:28 AM
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Re: applying in official capacity for personal matters

All personal matter should be address on personal letter head only unless you ask them in the capacity of that designation.

Of course, you can use your designation along with your name and signature on your personal letter head and no one will have objections to it.
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Old 07-26-2008, 10:08 AM
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Re: applying in official capacity for personal matters

Col.Kurup has given answers in exact and precise terms , at post 3 , to issues raised by Mr.Snkmoorthy.
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Old 07-26-2008, 12:22 PM
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Re: applying in official capacity for personal matters

The following decision of CIC clears ambiguity on rights of associations under RTI Act.

http://cic.gov.in/CIC-Orders/Decision_03032008_05.pdf
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Old 07-26-2008, 01:28 PM
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Re: applying in official capacity for personal matters

Quote:
Originally Posted by bahl_ajay View Post
The following decision of CIC clears ambiguity on rights of associations under RTI Act.

http://cic.gov.in/CIC-Orders/Decision_03032008_05.pdf
Your quoted letter doesnt mention anything about the association.
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Old 07-26-2008, 01:59 PM
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Re: applying in official capacity for personal matters

Quote:
Originally Posted by DineshK View Post
Your quoted letter doesnt mention anything about the association.
Thanks Dinesh,

Apologies for uploading the wrong link. Please follow the correct links given here.
Attached Files
File Type: pdf Decision_17092007_02.pdf (22.9 KB, 5 views)
File Type: pdf Decision_03032008_26.pdf (86.4 KB, 2 views)
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Old 07-26-2008, 03:37 PM
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Re: applying in official capacity for personal matters

Thanks for the informative documents Ajay. Both document give very comprehensive knowledge about the society particularly this one

Code:
Section 3 of the RTI Act is only a general provision which is merely declaratory in nature and does not vest any right on any one or declares who can apply for information. It simply declares that all citizens shall have the Right to Information. It is Section 6(1) of the RTI Act which states who is entitled to apply for information. The term “Person” is not defined in the Right to Information Act, 2005, hence the definition given in the General Clauses Act, 1897 has to be relied upon. “Person” has been defined in Section 3(42) of the General Clauses Act to include any company or association or body of individuals, whether incorporated or not. They also cited a few judgment of the A[ex Court (AIR 2001 SC 2277; (2001)5 SCC 22 according to which a `person’ includes a `Company’.
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Old 07-26-2008, 07:23 PM
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Re: applying in official capacity for personal matters

sir . plz do not make fool to yourself. ask rti queries as an indian citizen only.govt. has given you sword and you are asking for gun . if gun is given you may ask for tanker and so on . its better to use rti as it can be . ask as indian citizen .
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  #11  
Old 07-27-2008, 05:03 PM
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Re: applying in official capacity for personal matters

There is nothing wrong in seeking any information as an association provided that the info is in the larger interest of all those constituting that association and not for seeking information on one's personal affairs.
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