organizations are barred to get information

[kushal]

Central Information Commission

Decision No.307/IC(A)/2006
F. No.CIC/MA/A/2006/00621
Dated, the 27th September, 2006

• Name of the Appellant : Sh. M.D.N. Panicker, D/81, Sector-18,Rourkela-3

• Name of the Public Authority: Rourkela Steel Plant, SAIL, Rourkela – 769011.

DECISION

1. The appellant is the General Secretary of a Trade Union called Rourkela Shramik Sangh functioning in Rourkela Steel Plant. He sought the following documents from the CPIO:

• “Copies of note-sheets leading to the issuance of circular No.PLRR-11(134) dated 4.4.2005 (Personnel Policy Circular No.869)regarding Coke subsidy;
• Copies of the note-sheet leading to issuance: of Circular No.PLRR-8(36) dated 4.4.2005 (Personnel Policy Circular No.870)regarding canteen expenses;
• Copies of the note-sheets leading to issuance of circular No.PLRR-8(20) dated 12.5.2006 (Personnel Policy Circular NO.898);
• Copies of the note-sheets leading to issuance of Ref.No.SAIL,RSP,IGH:45 dated 30.5.2006 by the Director (M&HS).”

2. Being not satisfied by the information/documents supplied to him, the appellant filed his 1st appeal to the appellate authority, who upheld the decision of the CPIO.
3. The Commission obtained detailed comments from the CPIO, in which he has stated that the appellant has asked for copies of the note sheets related to the different orders of the department, and that the information relate to third party i.e. employees information, which is exempt u/s 8(1)(d) &(e) of the Act.

Commission’s Decision

4. The appellant has asked for information in the capacity of the General Secretary of the Employees Association, which, as an organization, is barred u/s of the Act, since all citizens shall have the right to information.
5. The appeal is therefore not maintainable.

Sd/-
(Prof. M.M. Ansari)
Information Commissioner

[kushal]

Recent Discussion regarding this issue:

Can a Secretary ask for any information?

[Hari Gautam Obhrai]

I would like some member to clarify whether an Association of retired Govt Officers not funded by Govt can apply underRTI for information in cases where grave injustice has been done in Govt Offices in cases of widows etc,?This issue came up in monthly meeting of CAISPA and many such cases wre cited! Hari Gautam Obhrai

[maneesh]

Yes, Seceratary of the association or any of the office bearer can apply under RTI.

Even any one in individual capacity can request for the information under RTI

[kushal]

Maneesh, You could have directed to this thread:
Can a Secretary ask for any information?

[karira]

Important Decision of CIC re Non individuals and RTI

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. 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
Notice of this decision be given free of cost to the parties.

Full decision can be read at:
http://cic.gov.in/CIC-Orders/Decision_17052007_04.pdf

MY Question: Can someone clarify what about Companies, Cooperatives, etc. Can they also apply for information under RTI Act ?

[kushal]

Thank you for the information. I am attaching the decision here too.

[karira]

Reposting this from another thread:

There is a small article in today 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..

[Hari Gautam Obhrai]

The decision of the CIC will have far reaching implications! It is a well reasoned judgment citing earlier Supreme Court Decisions!
It basically permits Companies,HUFS and other groups to file appeals!

[karira]

Even the news channels are saying companies are allowed to use RTI.
Please see:
New Delhi: In a landmark decision, the Central Information Commission said that corporate entities seeking information should be allowed to use the Right to Information (RTI) Act.

Earlier the RTI could only be used by natural citizens of the country.

The CIC was hearing an appeal by the managing director of an electric store in Guwahati, J C Talukdar. His RTI application had earlier been rejected by the Central Public Works Department in Kolkata.

The Commission has now referred to a number of Supreme Court decisions which treated corporate bodies at par with natural citizens under the law. The order opens up the RTI Act to associations and corporate entities across the country.

Observing that the RTI Act's objective is to secure access of information to all citizens to promote transparency and accountability, the CIC referred to a number of Supreme Court decisions which did not reject applications from corporate bodies on grounds that they were not natural citizens under the law.

"It is a fact that all superior courts have been admitting applications in exercise of their extraordinary jurisdiction from companies, societies and associations under the provisions of the Constitution of which the RTI Act, 2005 is child," the CIC observed.

It further noted that "if the courts could give relief to such entities, the PIOs (Public Information Officers) also should not throw them out on a mere technical ground that the applicant happens to be a legal person and not a citizen".

The Commission was hearing an appeal by J C Talukdar, managing director of an electric store in Guwahati, whose RTI application with the Central Public Works Department (CPWD) in Kolkata was earlier rejected.

It directed CPWD's Central Public Information Officer to consider Takukdar's application according to the effective provisions of the RTI Act within 30 days.

The order opens up the Act to associations and corporate entities all across the country.

(With inputs from PTI)
Now, corporates get right to know : RTI, Right to information, central information commission, corporates : IBNLive.com : CNN-IBN