RTI India - Blogs http://www.rtiindia.org/forum/blogs/ en Sat, 11 Oct 2008 00:54:48 GMT vBulletin 60 http://www.rtiindia.org/forum/images/misc/rss.jpg RTI India - Blogs http://www.rtiindia.org/forum/blogs/ Whether Private Entities Are Covered Under the RTI Act - An Argument, A Point of View http://www.rtiindia.org/forum/blogs/abhi987/158-whether-private-entities-covered-under-rti-act-argument-point-view.html Thu, 09 Oct 2008 12:41:27 GMT The common misconception that has taken root presently is that only entities and organizations which are substantially aided or funded by the... The common misconception that has taken root presently is that only entities and organizations which are substantially aided or funded by the Government are covered under the RTI Act.

But the fact is that Private Entities are covered under the RTI Act irrespective of whether they are substantially aided or funded by the Government.

1) Private Entities are not covered under sec 2(a) of the Act:

Sec 2(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government;

But Private Entities are covered under section 2(f) of the Act:

Sec. 2(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, 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;

Also section 8 (j) is relevant here:

Section 8 (j): Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

To Summarize the argument / point of view:

1) Private Entities are not covered under sec. 2 (a) of the act.
2) Private Entities are covered under sec. 2 (f) of the act.
3) With reference to sec 8 (j) of the act one can resonably infer and conclude: Provided that the information which cannot be denied to the Public Authority with which the Private Entity is registered shall not be denied to any person.

Hence Private Entities are covered under the RTI Act through the Public Authority with which they are registered e.g. For Co-operative Society : Deputy Registrar of Co-op. Sty's, for Banks - RBI etc, you will need to find out with which Public Authority the Private Entity has registered themselves.

Please file your RTI applications to the Public Authorities, who in turn should forward your application/ queries to the concerned Private Entity and get the information for you.

This virtually brings every one under the ambit of RTI Act. ]]> abhi987 http://www.rtiindia.org/forum/blogs/abhi987/158-whether-private-entities-covered-under-rti-act-argument-point-view.html Third Party -Misnomer http://www.rtiindia.org/forum/blogs/victor-mecwan/155-third-party-misnomer.html Tue, 07 Oct 2008 12:01:49 GMT Of late, certain "citizen" asks for info. under the Act.Once he has the info. he uses this info. to blackmail the "party- private organization/company" and gets paid.Thus, this has become his full time business and nuisance for the PIO. Gujarat High Court under the Single bench of Justice D.N.Patel has given a beautiful judgement which is worth reading. SCA 16073 of 2007. ]]> VICTOR MECWAN http://www.rtiindia.org/forum/blogs/victor-mecwan/155-third-party-misnomer.html How to get information of private entity under RTI? http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html Sun, 05 Oct 2008 06:00:07 GMT You can get information pertaining to _private...]]> HOW TO GET INFORMATION OF PRIVATE ENTITY?ffice:office" />


You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc under section 2 [ f ] of RTI Act. Please follow this procedure.

1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.

2. Locate PIO of this government dept/regulator, by visiting concerned website or referring to my blog / file titled “HOW TO LOCATE A PIO UNDER RTI ACT?”


3. File application by referring to RTI Rules for format and fees applicable to central govt. [for central govt. dept/regulator like RBI, IRDA, TRAI, SEBI, ROC etc] or concerned state govt. [if department pertains to a state govt].

4. Add following as query:

Particulars of information required:

Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:

(f)”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, 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;

5. Attach list of information required by you as annexure to application.

6. You need not contact the private entity whose information is being sought. Now you are concerned with the govt. dept/regulator only and its PIO has to provide you the information sought by you.

7. Govt. departments or regulators can summon information under different laws from private bodies and the same has to be supplied to you.

8. Information barred by sections 8 & 9 of RTI Act cannot be accessed under section 2 [f] also.
]]> jps50 http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html My overview of how RTI is been implemented in Uttar Pradesh http://www.rtiindia.org/forum/blogs/niraj/153-my-overview-how-rti-been-implemented-uttar-pradesh.html Thu, 02 Oct 2008 16:58:28 GMT RTI IN U.P. TO DIE SOON In my view the functioning of State Information Commission of Uttar Pradesh is far away from the spirit of the RTI Act.... RTI IN U.P. TO DIE SOON
In my view the functioning of State Information Commission of Uttar Pradesh is far away from the spirit of the RTI Act. Though it has 9 Information Commissioners (the office of Chief Information Commissioner is lying vacant after the removal of Justice M. A. Khan by H.E. The Governor of U.P.) and are being paid salary for their full time work. But I presume they work in two shifts. One shift consisting of half the strength starts from 11.00 a.m. to 1:30 p.m. and the second shift consisting of remaining half holds hearing only in post lunch session. Is this not a clear waste of public money? This might give an impression that in U.P. there is no need of 10 members Commission.
I feel that the behaviour of all most all the U.P. State Information Commissioners are hostile towards the Appellant.
The basic object of the Act to bring transparency and quick availability of information to Information Seekers is defeated as the Complaint/Second Appeal are not even registered for 4 months together. And the Commission normally fixes cases after 2 months interval.


I have observed that the Information Commissioners sometime do not take cogniziance to hear ruling of CIC cited by the Appellant, saying that the Central and State Information Commissions are on the same footing hence they will not consider any rulings of either Central or other State Commissions in decided cases.
No decision is announced in large number of cases for more than a year and that too after fixing 12 to 14 dates.
The Act is very clear on Section 20 i.e. if the PIO has not provided the information within stipulated time of 30 days, the commission should not only impose penalty @ Rs. 250/ per day for the delay and recommend for departmental proceedings. However, even if 100 cases are selected at random basis, one will find that the Commission has not invoked such provisions.
A peculiar way of functioning can be noticed by the fact that if the Applicant/Complainant is not present the Appeal/Complaint is outrightly dismissed on this ground whereas in the Act itself the provision is that the IC’s will examine the facts on record before them and then decide the case by speaking order. Nowhere it is stipulated that it is must for the Applicant/Complainant to be present on the date of hearing.
If such trend goes further it is sure this sunshine Act will die very soon in U.P.
Regards.
NIRAJ ]]> NIRAJ http://www.rtiindia.org/forum/blogs/niraj/153-my-overview-how-rti-been-implemented-uttar-pradesh.html PF Dues- Journey so far http://www.rtiindia.org/forum/blogs/bijanray/152-pf-dues-journey-so-far.html Tue, 30 Sep 2008 16:04:32 GMT CSD-EPFO, New Delhi & Bandra (Mumbai) forwarded all Forms submitted by me to SRO_EPFO Kandivali(Mumbai). No response from SRO, Kandivali. Official phone numbers not attended / off the hook. CSD, New Delhi expressed helplessness. Applied to CAPIO, SRO, Kandivali under RTI Act thru CAPIO of Post Office. No response within 35 days. I then send First Appeal to RPFC-I of EPFO Thane (Mumbai), the Appealate Authority concerned and waiting for result in between a Reminder to CPIO Kandivali also evoked no response, (he also refused to talk on official mobile). My struggle with stone walls are on! ]]> Bijanray http://www.rtiindia.org/forum/blogs/bijanray/152-pf-dues-journey-so-far.html vinoba bhabe university http://www.rtiindia.org/forum/blogs/amartya-talukdar/151-vinoba-bhabe-university.html Tue, 30 Sep 2008 04:43:45 GMT I want to file a RTI Qns in Vinoba Bhabe University Hazaribag Jharkhand,they dont have a web page and I cannot locate Information officer. Pl help I want to file a RTI Qns in Vinoba Bhabe University Hazaribag Jharkhand,they dont have a web page and I cannot locate Information officer. Pl help ]]> amartya talukdar http://www.rtiindia.org/forum/blogs/amartya-talukdar/151-vinoba-bhabe-university.html Mcd http://www.rtiindia.org/forum/blogs/yeti/150-mcd.html Mon, 29 Sep 2008 07:17:58 GMT Did you ever contact MCD for a query and never heard from them ? Well are there any reasonable explanation for the NO ANSWER deptt ? Did you ever contact MCD for a query and never heard from them ?
Well are there any reasonable explanation for the NO ANSWER deptt ? ]]> yeti http://www.rtiindia.org/forum/blogs/yeti/150-mcd.html Third Party -Misnomer http://www.rtiindia.org/forum/blogs/victor-mecwan/149-third-party-misnomer.html Fri, 26 Sep 2008 05:02:13 GMT How do you tackle Third Party Misnomer who is blackmailing ? How do you tackle Third Party Misnomer who is blackmailing ? ]]> VICTOR MECWAN http://www.rtiindia.org/forum/blogs/victor-mecwan/149-third-party-misnomer.html Group Coperative housing society cleared by HC order http://www.rtiindia.org/forum/blogs/sudhir-kr-gupta/148-group-coperative-housing-society-cleared-hc-order.html Sun, 21 Sep 2008 08:46:37 GMT I bacame member of one Group Housing Society in 1983 be depositing a nominal amount. Society was regsitered and Registration no. was allotted. As... I bacame member of one Group Housing Society in 1983 be depositing a nominal amount. Society was regsitered and Registration no. was allotted. As per rules Account was opened in coop. bank, darya ganj, delhi.
After a gap of 20 years this society is Cleared by High court orders for alloting Houses in Dwrka. (Actually this society was among 1400 societies taken over wrongfully by DDA and Construction Mafias. My name still exists but I am sure some other person is made the member with false documents.

I have every proff to prove that I am bonafide member i.e. Sudhir Kumar Gupt.

Please help me in getting confirmed that I will be alloted the House.

sudhir Kumar Gupta ]]> sudhir kr gupta http://www.rtiindia.org/forum/blogs/sudhir-kr-gupta/148-group-coperative-housing-society-cleared-hc-order.html Employees Provident Fund - A Guide http://www.rtiindia.org/forum/blogs/taurus/147-employees-provident-fund-guide.html Fri, 19 Sep 2008 17:38:22 GMT Attachment 25 (http://www.rtiindia.org/forum/attachment.php?attachmentid=25) This is an attempt to give a broad idea about EPF since repeated... EPF-FAQ.doc

This is an attempt to give a broad idea about EPF since repeated queries are being raised in this forum on EPF.
Attached Files
File Type: doc EPF BALANCE AND TRANSFER.doc (24.5 KB, 45 views)
]]> taurus http://www.rtiindia.org/forum/blogs/taurus/147-employees-provident-fund-guide.html PAssport refrence number not getting from anywhere from last 3 years http://www.rtiindia.org/forum/blogs/samitjha/146-passport-refrence-number-not-getting-anywhere-last-3-years.html Fri, 19 Sep 2008 07:04:52 GMT Hi, I am samit from mumbai, I have an issue from passport office and its details as follows: 1. My father passport lost during relocation... Hi,

I am samit from mumbai, I have an issue from passport office and its details as follows:

1. My father passport lost during relocation time and for that FIR is done accordingly. And thats our fault that we dont have any refrence number or passport number becouse never that passport is used in the past for any purpose. So condition/issue is that we without any reference number or passport number reissue of passort.
2. After so many month without getting any information from Nagpur passport offie for that same, we applied for new passport at Ranchi office and mentioned about previous passport with FIR.
3. At Ranchi office passport is on hold becouse they are not getting any detail response from nagpur office.
4.So we went to Nagpur office regularly for same but they are not able to provide us passport refrence number even if we are provide all personal details.
5.They are giving excuse that during 1996-99 that office was not computrised, thats why not able to find in registers.
6. From last 2 years we are fighting for that but not able to get any solution from any side.
7.Even we faxed the application to nagpur office, Delhi as well Ranchi office but everyone is just quit.


As above my father passport issue problem, I need your suggestions as well help to get my father passport. And also if they dont have any record of my father passport then just imagine how seriously they had taken that record data. We are suffering very much for that. If you need all personal details of my father passport, becouse we know we are not doing any illegal things and as an citizen against information act this is my rights to know.

Kindly help us...Waiting for your reply...... ]]> samitjha http://www.rtiindia.org/forum/blogs/samitjha/146-passport-refrence-number-not-getting-anywhere-last-3-years.html misuing and tempering the domestic gas. http://www.rtiindia.org/forum/blogs/nilesh_caps/145-misuing-tempering-domestic-gas.html Wed, 17 Sep 2008 14:28:27 GMT Dear sir Sub:- misuing and tempering the domestic gas. i have been using indaine gas since very long time.i have complaint regarding tempering the... Dear sir
Sub:- misuing and tempering the domestic gas.
i have been using indaine gas since very long time.i have complaint regarding tempering the seal of the gas cylinder and delivering less amount of gas with actual weigh. Earliar,i warned to the Vender very seriously don't delvered me a temper seal gas and even he accepted it " i have taken out few kg gas from the cylinder and next time it would not happen" . even then they are following the same things,also insisting with me the same label is supply through the company. i totally denied to recive temper seal gas cylinder and told them i would complain the same in consumer forum.This is not happeng from first time its become kind of business for them and every cylinder they try to take out approximately 2,3 kg gas and sell these gas in slum area. its kind of business is going on in trans yamuna . i don't know wheather agency person involve in this business or not.But have taken hard decision,i will make fight aginst crruption and i would send this mail to oil & gas ministry and ask for the same reply me of taken action aginst them .i am dgiving some details of agency below here.........
AMRIT ENTERPRISES
SHOP NO-2,C-4 DDA MKT
YAMUNA VIHAR DELHI-110053
TEL-22910709,22914883


Kindly reply the same.



Thanking you
Nilesh kumar ]]> nilesh_caps http://www.rtiindia.org/forum/blogs/nilesh_caps/145-misuing-tempering-domestic-gas.html Asking risky information? http://www.rtiindia.org/forum/blogs/jps50/144-asking-risky-information.html Sat, 13 Sep 2008 10:54:20 GMT ASKING RISKY INFORMATION?

]If you are seeking information that may adversely affect vested interests or if there are chances of having legal/official or illegal fall out, you can apply following method, so that you get the information and still be safe.

Request your distant relative or a friend or any other RTI activists from other states to file RTI application for the information desired by you. You can send him completed application form in his name and address and he has to only attach demand draft or IPO. Where-ever stamps are permitted, you can buy and affix on the application before sending to the relative/friend/activist. He has to just sign and mail to the PIO from his end by speed/regd ad post. On receipt of papers, the same can be mailed to you to proceed further in the matter.

Some trick for a good purpose is always desirable in this bad world!!! ]]> jps50 http://www.rtiindia.org/forum/blogs/jps50/144-asking-risky-information.html RTI and the appeal http://www.rtiindia.org/forum/blogs/angelbreezepure/143-rti-appeal.html Fri, 12 Sep 2008 19:24:58 GMT How many officers have been made to pay penalty for suppressing information under RTI and what was the highest penalty amount How many officers have been made to pay penalty for suppressing information under RTI and what was the highest penalty amount ]]> angelbreezepure http://www.rtiindia.org/forum/blogs/angelbreezepure/143-rti-appeal.html Passport receipt got lost http://www.rtiindia.org/forum/blogs/shad/142-passport-receipt-got-lost.html Wed, 10 Sep 2008 23:46:04 GMT Dear Dr. Kushal Pathak,

I applied for adding of spouse name & police clearance certificate in the Passport office in Secundrabad , A.P on 29th August 2008 .... & unfortunately lost the receipt on the same day..
My passport was issued from Jeddah, Saudi Arabia.

After submission of my application, I was told that I will recieve it by post.
Can I get a duplicate receipt easily from the passport office as I don't have my file number with me? And in how many days will I recieve my passport & police clearance certificate?

May I know the procedure the Passport will go through as my Passport was issued in Jeddah. ?:(
 ]]> shad http://www.rtiindia.org/forum/blogs/shad/142-passport-receipt-got-lost.html