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    Can anyone put objection to provide the information asked under RTI


    Hi..

    I have asked few information/ documents from Sr. Inspector (health Dept, BMC) abt a Hotel under RTI, but they refused to provide the information saying that 'The Indian Hotel & resturatant association has objection in providing the info'.
    Can any non-government organisation like this can put objection to provide the information asked under RTI ??

    Thanks in advance..

    //Nik


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  2. #2

    Re: Can anyone put objection to provide the information asked under RTI


    The Central RTI ACT extends to the whole of fices of India except the State offices
    </NOBR><?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:place><font face=" /><st1:State><ST1:place><FONT face=Times><NOBR>Jammu and Kashmir</ST1:place></st1:State><FONT face=Times>. All bodies which are constituted under the </NOBR><FONT face=Times><?XML:NAMESPACE PREFIX = O /><O:p></O:p>
    <FONT face=Times><NOBR>Constitution or under any law or under any Government notification or all </NOBR><FONT face=Times><O:p></O:p>
    <FONT face=Times><NOBR>Bodies, including NGO’s which are owned, controlled or substantially </NOBR><FONT face=Times><O:p></O:p>
    <FONT face=Times><NOBR>Financed by the Government are Covered. <O:p></O:p>
    <FONT face=Times><O:p></O:p>
    <FONT face=Times>In Fact Voluntarily some NGO have enacted RTI in their Society constitution..<O:p></O:p>
    <FONT face=Times><O:p></O:p>
    <FONT face=Times>One I know is Sweearindia (<FONT color=#800080>www.sweearindia.com) <FONT face=Times><O:p></O:p>
    <O:p></O:p>
    <FONT size=3><FONT face="Times New Roman">But NGO , Corporate and other such organizations, institutes, societies not owned controlled or substantially financed by the Govt are not covered under RTI Act<O:p></O:p>
    </NOBR>
    Last edited by Abhinav Bohare; 16-08-07 at 07:40 PM. Reason: smilies

  3. #3
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    C J Karira
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    Re: Can anyone put objection to provide the information asked under RTI


    nik_in,

    It all depends on what type of information you asked.

    Can you please elaborate what is the information you asked for ?
    Did the PIO give you the reason for not providing information in writing ?
    If yes, what does the reply say ?

    Please visit http://act.rtiindia.info/ and read Section 11 of the act which deals with information about "third party".
    Even if a "third party" objects, the PIO must apply his mind and reason as to if the contention of the "third party" is valid or not.

    Do not worry, even if PIO has rejected your application, you still have the First Appeal open to you.

    That is why I am requesting you to share the above information so that members can help you.

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    Re: Can anyone put objection to provide the information asked under RTI



    Hello Mr. Abhinav,

    The information asked abt the hotel was as below :

    1. Name of the owner of the above hotel.
    2. Residential address of the owner.
    3. Whether the above hotel falls under public sector / private sector.
    4. Total Area of (a) Eating house (b) Storage area (c) Kitchen.
    5. Date of commencement of above hotel.
    6. A copy of license certificate of above hotel.
    7. The name & designation of officer providing the above information.

    They replied as you are asking abt Third Party Information & hence objection from Indian hotel & restaurant association...

    Pls guide me if any wrong information was asked to get such reply...

    Thanks...

    //Nik

  5. #5
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    Re: Can anyone put objection to provide the information asked under RTI


    nik_in,

    First, there seems to be nothing in the information that you have sought, which could have possibly convinced the PIO that a thrid party can object.

    Secondly, how did the Indian Hotel & Restaurant Association come into the picture ? If anything, in this case, the Third Party could have been the Hotel Owner. It looks as if the PIO has informed the association about your application and brought up an excuse to deny you the information.

    Please read the BMC Act sections 394 and 412A, which cover licensing and controlling of trade dealing in food. I cannot find a online copy of the Act. There must be similar sections about Hotels. In any case, the Hotel you referred to has a restaurant. As per my experience, restaurants and eating houses have to display the license obtained in public.
    (For example, in AP, every Shop and Establishment needs a license and that has to be displayed duly framed, in a prominent place EVERY YEAR after renewal).

    I am sure the situation should be similar in Maharashtra.

    If the license issued is "public" then the application made for the license should also be public. It is a "public" eating house and a hotel...with "rights of admission" and therefore there can be no denial for the information you have asked.

    If you are still within the time limit, please go in for First Appeal.

  6. #6
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    Re: Can anyone put objection to provide the information asked under RTI


    Mr.Abhinav Bohare has very correctly explained the legal position. The Hotel &Resaurant Asspciation cannot be considered as under the control of the government or substantially financed by government et., etc., But there is a way to get the information. You ask the SPIO of the Municipality/Corporation which grant him licence. They are in possession of all the information you need. Another fact is that the Municipality has control over the Hotel. The Hotel cannot be run unless the Municipality grant them licenmce.
    Last edited by colnrkurup; 19-08-07 at 05:02 PM.

  7. #7

    Re: Can anyone put objection to provide the information asked under RTI


    Mr Colnrkurup

    Kindly go through the thread once again and pl do note that it was initiated by nik_in .

    So it is requested that kindly reply to the member concerned...

    But as I have subscribed to the thread , therefore I am thnkful for your reply and request nik_in to kindly go through the suggestion by Colrkurup

    In fact nik_in also go through the reply by mr Karira ....He has given wonderfull suggestion too

    Thanks
    Last edited by Abhinav Bohare; 20-08-07 at 08:51 AM. Reason: addition

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    Re: Can anyone put objection to provide the information asked under RTI


    Quote Originally Posted by karira View Post
    nik_in,
    i
    If the license issued is "public" then the application made for the license should also be public. It is a "public" eating house and a hotel...with "rights of admission" and therefore there can be no denial for the information you have asked.
    The above point raised by Karira is absolutely correct. Col Kurup had tried to cut corners, but given the issue raised by Nik_in and Karira, it stops short.

    Nik_in, since the PA has already denied you the information, using the "3rd Party" escape route, you have to go in for an Appeal. It need to be confirmed, if the exchange of communication between the PIO & the 3rd Party was also endorsed to you or not. If the communications were not sent to you then you have a bright chance in the 1st Appeal. Else only the 2nd Appeal with the CIC/SIC as the case may be would work out.

    Manoj

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