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  • digal's Avatar
    9 Hours Ago
    digal replied to a thread next step in Ask for RTI Query
    Visit the following page to find the list of PIOs & FAA. Check whether your application has been addressed properly or not. If the same has been addressed to other PIO, that will take time for transfers. In that case, add 5 to 7 more days; then go for 1st Appeal. Many a times applicants receive Unsatisfactory reply after sending 1st Appeal based on deemed refusal. Department of Food Civil Supplies and Consumer Affairs | Government of Punjab. R K Mishra
    10 replies | 190 view(s)
  • digal's Avatar
    2 Days Ago
    As suggested by MANOJ, send a letter to the FAA that you are not able to attend the hearing. Pray for information free of charge u/s 7(6) of the Act. Pray to take necessary action on non-responding PIO.
    2 replies | 118 view(s)
  • digal's Avatar
    1 Week Ago
    Though Trade Unions(most of them) enjoy public fund indirectly, so far they have not been declared as Public Authorities. Lot of effort have been made to bring their bosses(Political Parties) under the ambit of RTI. But, that has been watered down by themselves. As per resolutions taken in National RTI Convention, RTI activist Aruna Roy expressed that effort will be made to bring Trade Unions under the ambit of RTI. Till then, motivate & gather public support to bring transparency & accountability in Netas' activity. R K Mishra.
    3 replies | 255 view(s)
  • digal's Avatar
    1 Week Ago
    digal replied to a thread public authority in Ask for RTI Query
    So far as PA is considered, it should satisfy the criteria as in sec 2(h) of the Act. {(h) "public authority" means any authority or body or institution of selfgovernment established or constituted— (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;} Enquire how the company is being 1) controlled, 2) financed or 3) owned (49% in this case) by the Govt. Even if it is 1% less than 50%, it can not be termed as NON-SUBSTANTIAL. The amount of rupees or number of Directors by Govt is SUBSTANTIAL. The argument to be taken to the commission level(complaint through sec 18), to declare the company as a PA. ========= However, parallel effort may be made to get information through other Public Authority(Govt controlling body). The information (regarding the company) that can be accessed by a controlling body, can be accessed by a citizen too. R K Mishra
    11 replies | 371 view(s)
  • digal's Avatar
    2 Weeks Ago
    Hi Bipradeep, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. As per central Rules 2012(for central Govt/central PSU), the Information request should be of 500 words. Ask information in precise and pointwise. Remember, information that is available in material form can only be provided. In this august forum, feel free to clarify your doubt on RTI matters. You may encounter the following abbreviations during your search/observations, described in simple form without technical details. PA : Public Authority > The Organization/Department which possesses the information. PIO : Public Information Officer > to whom you may apply for information. Under section 6(1), apply with prescribed fees (Rules & Fees) & wait for 30(48 hrs for life & liberty) days + postal delay. FAA : First Appellate Authority > If you did not get any reply or the reply is not satisfactory, you may Appeal to FAA u/s 19(1). Wait for 30 (45 for other reasons) + postal delay. IC : Information Commission; CIC for central Govt/PSUs, SIC for State Govt/PSUs.> last step in the process, where you need to appeal u/s 19(3), within 90 days of decision of FAA. U/s 18(1), you may Complain directly to CIC/SIC, where you did not get any reply from PIO/ got misleading/False/Incomplete Information. Also you may complain where PA doesn’t have any PIO or never displays/updates RTI information on it’s website. The Act is in simple form. Just have a look to epitomize the sections. You may download various Orders of Information Commissions, High Courts & Supreme Court. Regards R K Mishra
    6 replies | 250 view(s)
  • digal's Avatar
    2 Weeks Ago
    And the result is... Winds of change: Productivity of Lok Sabha climbs to 103% As reported by the Times of India | Himanshi Dhawan,TNN | Aug 2, 2014. Winds of change: Productivity of Lok Sabha climbs to 103% - The Times of India NEW DELHI: Much like in government, the winds of change are blowing in the corridors of Parliament. After a deadlock of nearly three years, there is a flurry of activity on the floor of the House. In the last three weeks, the 16th Lok Sabha recorded a productivity of 103%, in sharp contrast to the 15th Lok Sabha that worked for only 61% of the scheduled time. The remarkable jump can also be partly explained by the brute majority the NDA government enjoys in the lower House. It is the first-time lawmakers who are leading the charge. In 2014, participation of first-time MPs in the debate on demand for grants increased by 58% with 158 first-timers speaking on the subject as compared to 100 in 2009. Analysis by independent body PRS Legislative Research reveals an increase of 41% in participation by new MPs in discussing the railway budget. Interest in the general budget was also high with 26% more participation by legislators in 2014 as opposed to 2009. In all, participation by first time MPs has gone up by 38.5% as compared to veterans whose participation has increased by 27% between 2009 and 2014. There are 314 first-time MPs in this Parliament, up from 302 in 2009. While it is early days yet, there is reason to believe this is not a flash in the pan. Organizations such as PRS and Swaniti that work closely with parliamentarians say they find greater awareness and accountability among legislators. "Parliament is a forum for debate and discussion. These numbers indicate that MPs are reclaiming the deliberative space of Parliament," said Chakshu Roy, head of outreach at PRS Legislative Research. "The MPs' increased participation in this session is one indicator of the seriousness with which they are approaching their role as legislators. Their participation in budgetary discussions is a healthy sign of their intent to keep the government accountable to the people," Roy added. Swaniti CEO Rwitwika Bhattacharya described the transformation among parliamentarians and constituents as "dramatic". "Accountability was most apparent in this past election than ever before. I think that we are now starting to ask, 'What is the MP doing? Have they done anything for us that we can see?' And subsequently these are also the questions we hear from MPs. 'What can I do that you think will impact people? My constituents have told me they need a hospital. Can you assess and tell me how true it is? What have you done for other MPs that you would recommend to be replicated?' These are some of the questions we hear," she said.
    1 replies | 157 view(s)
  • digal's Avatar
    07-15-2014
    In the line of what karira Sir said: {Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:} "Any person" means: any of the two cases marked in Green OR Blue. Taking OR as disjunctive, 1. There is no doubt that Green case gets obviated, as the person did not receive the decision in time→clearly points to the applicant who requested information. 2. The Blue case may be read like this: Person who, is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, may within thirty days from the receipt of such a decision prefer an appeal to ....→ points to the applicant who received the information. Hence, the case may be either 1 OR 2. R K Mishra.
    6 replies | 497 view(s)
  • digal's Avatar
    07-10-2014
    digal replied to a thread pay scale in Ask for RTI Query
    Hi krishnaambadi, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Pl do not start multiple threads on same subject ( http://www.rtiindia.org/forum/125887-pay-scale-post312091.html#post312091 ) As per CBSE notification No. CBSE/AFF/CIRCULAR/2010; Circular No. 03/10, Dtd 18/10/2010, And as per CIC directive(CIC /SG/A/2010/001205-DS) the affiliated schools must declare the norms of affiliation at their website. The norms for affiliation are as follows: Hence, visit the website of the school to find details. If they have not yet displayed the norms, file RTI to CBSE to know whether the school mentions the norms for service conditions in its website, as notified in affiliation notification........ Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. In this august forum, feel free to clarify your doubt on RTI matters. You may encounter the following abbreviations during your search/observations, described in simple form without technical details. PA : Public Authority > The Organization/Department which possesses the information. PIO : Public Information Officer > to whom you may apply for information. Under section 6(1), apply with prescribed fees (Rules & Fees) & wait for 30(48 hrs for life & liberty) days + postal delay. FAA : First Appellate Authority > If you did not get any reply or the reply is not satisfactory, you may Appeal to FAA u/s 19(1). Wait for 30 (45 for other reasons) + postal delay. IC : Information Commission; CIC for central Govt/PSUs, SIC for State Govt/PSUs.> last step in the process, where you need to appeal u/s 19(3), within 90 days of decision of FAA. U/s 18(1), you may Complain directly to CIC/SIC, where you did not get any reply from PIO/ got misleading/False/Incomplete Information. Also you may complain where PA doesnít have any PIO or never displays/updates RTI information on itís website. The Act is in simple form. Just have a look to epitomize the sections. You may download various Orders of Information Commissions, High Courts & Supreme Court. Regards R K Mishra
    1 replies | 163 view(s)
  • digal's Avatar
    07-10-2014
    The first link is not opening.(no matches) Got to see your comments 1st time in the second link. But the link in that thread leads to same thing(no matches). However, i have gone through all the started links. Thank you for your advice.
    7 replies | 215 view(s)
  • digal's Avatar
    07-09-2014
    Here is the link and the attached decision: http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2013_001157_SS_M_132052.pdf
    3 replies | 337 view(s)
  • digal's Avatar
    07-09-2014
    sec19. (1) Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 1st Appeal in case of no reply→within 30 days(except postal lag; i.e time counter starts when PIO receives the application--counter stops when PIO asks for additional fees---again starts after the receipt of fees) For 1st Appeal, as aggrieved by decision of PIO→within 30 days after receipt of the Reply. However, the FAA may condone the delay for 1st Appeal, if sufficient cause is shown by the Appellant. R K Mishra
    7 replies | 215 view(s)
  • digal's Avatar
    07-07-2014
    Here is the link for the decision that may be used by @G.L.N. Prasad ji http://www.rti.india.gov.in/cic_decisions/CIC_SS_C_2012_000351_VS_07198_M_134072.pdf
    8 replies | 483 view(s)
  • digal's Avatar
    07-07-2014
    This decision is important for me. I have been fighting for transparency in a body (NJCS, a committee consisting Netas & Babus), that has been declared as a Public Authority vide CIC order : http://www.rti.india.gov.in/cic_decisions/CIC_LS_A_2012_002516_M_100494.pdf Strangely, the Netas & Babus passed resolutions(even after the CIC order) to shield them from RTI & to disregard the order. As happened with karira Sir, my complaint u/s 18(1)(a)(b) & (f) was returned back, as i did not attach copy of information request! Without editing even a coma, i resent the Complaint with a strong letter. At last, that was registered. After the hearing, i will upload the Complaint & Orders. R K Mishra
    8 replies | 483 view(s)
  • digal's Avatar
    07-06-2014
    Hi abhisheksaini Always visit the website of PAs (Public Authority, where information is available) to find RTI page. You may find some information on mandatory disclosures In this particular case, you may visit the following pages. .::North Delhi Municipal Corporation::. RTI Monitoring System ------------------ Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. In this august forum, feel free to clarify your doubt on RTI matters. You may encounter the following abbreviations during your search/observations, described in simple form without technical details. PA : Public Authority > The Organization/Department which possesses the information. PIO : Public Information Officer > to whom you may apply for information. Under section 6(1), apply with prescribed fees (Rules & Fees) & wait for 30(48 hrs for life & liberty) days + postal delay. FAA : First Appellate Authority > If you did not get any reply or the reply is not satisfactory, you may Appeal to FAA u/s 19(1). Wait for 30 (45 for other reasons) + postal delay. IC : Information Commission; CIC for central Govt/PSUs, SIC for State Govt/PSUs.> last step in the process, where you need to appeal u/s 19(3), within 90 days of decision of FAA. U/s 18(1), you may Complain directly to CIC/SIC, where you did not get any reply from PIO/ got misleading/False/Incomplete Information. Also you may complain where PA doesnít have any PIO or never displays/updates RTI information on itís website. The Act is in simple form. Just have a look to epitomize the sections. You may download various Orders of Information Commissions, High Courts & Supreme Court. Regards R K Mishra
    2 replies | 106 view(s)
  • digal's Avatar
    07-01-2014
    It seems you did not send one or more of the following documents in order 2nd Appeal+copy of (RTI request+Reply by PIO+1st Appeal+AA's Order) If you want to pursue with the same 2nd Appeal, 1) Rectify the Appeal by attaching missing documents. 2) Write a letter to the Dy. Registrar (central registry) that you have rectified the 2nd Appeal...... 3) Do write the Diary no in bold at Header of the letter. Mention enclosures at the bottom 4) Enclosures must contain the copy of letter by dy Registrar+identity proof+rectified Appeal with attachments. 5) Search for new Diary no. by your name at CIC website. 6) After 1.5 to 2 months, search for the status of new Diary no. You will never get your Appeal no. with old diary no. Pl be concise to get exact help you need. R K Mishra
    2 replies | 259 view(s)
  • digal's Avatar
    06-29-2014
    It seems the FAA is cooperative. Meet as advised to sort out problems & carry another IPO/pay any other way as per Rules. If your prime concern is to get information, ignore those mistakes & grab this opportunity to get maximum information.
    2 replies | 174 view(s)
  • digal's Avatar
    06-27-2014
    Go for 1st Appeal with the following citation of CIC order (para 56). As inspection was allowed, the provisions of exemptions u/s 8 & 9 are automatically obviated. U/s 7(1), PIO can either provide information or reject the request under the above mentioned section. File No.CIC/AD/A/2012/000570 File No.CIC/LS/A/2011/003966 File No.CIC/LS/A/2012/001314 File No.CIC/LS/A/2012/001120 "56. The respondent’s counsel has tenaciously argued that the appellant’s request for information is not in public interest and that he is seeking this information for extraneous considerations. The question is whether information is disclosable under the RTI Act only in public interest and not otherwise. Suffice to say that RTI Act does not draw a distinction between demand for information in public interest and private interest. The Act provides for disclosure of information to the citizens of India subject to the provisions of section 8, 9, 10 & 11 of the RTI Act. In other words, appellant is not required to establish any larger public interest in his search for all classes of information. He is required to establish public interest only in particular clauses of section 8(1) of the RTI Act. In view of the above, we hold that appellant need not establish public interest while seeking information for all classes of information." R K Mishra
    4 replies | 319 view(s)
  • digal's Avatar
    06-25-2014
    Denial of Answer Sheets amounts to Contempt of Supreme Court Order: says CIC :app: http://www.rti.india.gov.in/cic_decisions/CIC_RM_A_2013_001268_M_132169.pdf
    102 replies | 36852 view(s)
  • digal's Avatar
    06-24-2014
    U/s 19(7) of the Act, the decision of IC is a binding. Contrary to that, there are dozens of decisions where ICs have revisited their earlier decisions (even overturned by other ICs). However, that is not in your case. It would have bn better, if would hv sent an adjunct under the same Appeal number. You don't have time & the hearing is tomorrow. You may submit the prayers/arguments in writing. Do pray to mention your prayers/arguments in the impugned decision. As the Appeal Order has not yet been complied by PIO, just pray to pass another order under the same Appeal. There is NO harm in Praying. R K Mishra.
    11 replies | 326 view(s)
  • digal's Avatar
    06-24-2014
    As the Order for the earlier Appeal has not been complied by SPIO, the case is not closed & may be reopened by SIC himself. ♦ During hearing, pray for separate orders for Complaint & reopening of Appeal with different procedures for each. ♦ Under Complaint, pray for procedures u/s 18 (2) & (3) read all steps for enquiry, summoning non-responding SPIO to enforce attendance and to receive in affidavit]. ♦ Pray for maximum Penalty u/s 20(1) & (2) ♦ Under Appeal, pray for Compensation u/s 19(8)(b), requiring the PA to take immediate steps to enhance the provision of training on the right to information for its officials R K Mishra
    11 replies | 326 view(s)
  • digal's Avatar
    06-21-2014
    @cat_with_nine_lives If you are sending application to the "Public Authority"(EPFO in this case) under control of Central Govt, you need to follow the central RTI rules only. 1. Attach IPO/DD etc of Rupees 10/-; nothing more nothing less. But, for PAs under Haryana Govt., one need to attach a fee of 50/- (Rule 5 of Haryana Rules 2009). 2. You need not to send any thing more or less. The extra cost of papers or other materials (if any) may be calculated by PIO & will be informed to you. The PIO will avoid all difficulties to return extra amount sent by you. S/he has to go by the rules. 3. Try to limit within 500 words (except address) . R K Mishra
    9 replies | 523 view(s)
  • digal's Avatar
    06-20-2014
    I failed to trace one Delhi HC judgement criticizing former IC S Gandhi overturning another IC's decision. Higher benches Or Law of Precedence must follow to overturn the earlier order by another IC. But, it is shocking to know that the level of nexus had touched the new low :SS: They were well aware that the appellant would hardly challenge b4 HC. R K Mishra
    12 replies | 599 view(s)
  • digal's Avatar
    06-18-2014
    digal replied to a thread I am Back in Say Hello
    Glad to have you back here Sir! :app: Like ur updates @ FB(fortunate to have u there), ur presence at this forum will enrich our wisdom. R K Mishra.
    5 replies | 252 view(s)
  • digal's Avatar
    06-15-2014
    @abhsnh, you may pursue the matter by going for 1st Appeal. As said by @G.L.N. Prasad ji, you may calculate whether the PIO failed to reply within time limits, so that you should get information free of cost u/s 7(6). Even if it is within the time limits, you may argue that the charges calculated (750/- per copy or so) is not justified as per the Delhi High court orders: http://www.rtiindia.org/forum/docs/court-judgements-rti-issues/548-answer-papers-only-rs-2-per-page & http://lobis.nic.in/dhc/VS/judgement/06-06-2012/VS01062012CW112712009.pdf The unreasonable charge through circular (2006/TG-I/20/P/LTC http://www.indianrailways.gov.in/railwayboard/uploads/directorate/traffic_comm/COMM-CIR-2K11/CC_65_2011new.pdf ) by the Railways, seems to be of "Executive Order". Where, the HC has clarified that no "Executive order" can override the "Statutory Rules". Go through the discussion at : http://www.rtiindia.org/forum/123199-new-download-answer-papers-only-rs-2-a-post303525.html#post303525 In the mean time, you may file another RTI to confirm about the nature of order/Rule by which the absurd charges have been fixed. R K Mishra.
    5 replies | 304 view(s)
  • digal's Avatar
    06-13-2014
    An excellent initiative by SOUTH CENTRAL Railways. Last January, I tried to lodge a complaint through the same(8121281212) No. The reply was: "Your complaint/Suggestion does not pertain to scr and it had been forwarded to south Eastern Railway, Kolkata 09002080013" No initiative was taken by SER for my complaint(no water). However, i met the TTE to inform about the complaint→that resulted immediate action. later i searched for other divisions to find SMS Complaint sys. Surprised to find only SCR (8121281212) & ECR (09437553815) have this system! :o It will be helpful, if any learned members provide more numbers for other divisions regarding SMS complaints. R K Mishra
    3 replies | 669 view(s)
  • digal's Avatar
    06-04-2014
    I am frustrated to know the updates :( To get the updates, I could not trace the related thread ( http://www.rtiindia.org/forum/105766-cic-asks-cbi-compensate-rs-153-a.html ) that time . However, the learned applicant @rohitgoyal_asn may not face the same hurdles. Honestly speaking, very few (rather none) of us can engage with CBI, by exhausting so much of time, money & energy. R K Mishra
    7 replies | 387 view(s)
  • digal's Avatar
    06-04-2014
    1. Simply Apply to the Public Information officer...with address of the PA. Write to the Head of the PA regarding the matter & follow up with an RTI(with above address). And/Or u/s 18 complain to the S/CIC that the PA has not displayed the mandatory disclosures under section 4(1)(b)(xvi). 2. DO NOT WRITE NAME. simply address to the PIO & send by SPEED POST. Let them refuse to receive. Go to the next step with the proof in your hand. 3. Do as above. Once CBI returned karira sir's application even without opening the cover. The rest is history. 4. NO. if you are interested in information without confrotation, you may go and collect. If you feel it is cumbersome to go & collect, you may go for 1st appeal/ or another letter to PIO that you need information by post(some state Govts take postal charge). R K Mishra
    7 replies | 387 view(s)
  • digal's Avatar
    06-03-2014
    Visit the website of the Public Authority. Go to the RTI page to find Section 4(1)(b) Mandatory disclosures. Under section 4(1)(b)(ii), you will find : the powers and duties of its officers and employees. Your purpose may be solved to some extent. However if you need more specific Responsibilities, you may file RTI to the concerned PIO. If you find the PA has not provided the details of powers and duties of its officers and employees, you may inform (practical, less time consuming) to the concerned Head of the PA to include the same→Follow up with an RTI. And/Or u/s 18 you may go for a complaint(time consuming) to S/CIC, about the matter. R K Mishra.
    4 replies | 303 view(s)
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