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    Use of section 8 for denying information


    Hi! Members,

    A friend of mine asked for information pertaining to Outer Ring Road proposed for Hyderabd from APPCB. He gets a reply as follows:

    "The Technical Committee of the Board is an advisory committee. Hence, it may not be possible to give the minutes of the technical committee as they are meant for internal purposes." .....

    "The Board cannot give the information submitted by the HUDA as per the provisions of Sec. 8 of the Right to Information Act. You are requested to approach the authorities of HUDA/ORR directly and obtain the information."

    Is it right to reject the information on the grounds given above? HUDA is also a public body. Is there any provision in section 8 that prevents giving information from a third party concerning public welfare?

    Please give your comments.

    K. Babu Rao



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  2. #2
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    Quote Originally Posted by baburaok View Post
    Hi! Members,

    A friend of mine asked for information pertaining to Outer Ring Road proposed for Hyderabd from APPCB. He gets a reply as follows:

    "The Technical Committee of the Board is an advisory committee. Hence, it may not be possible to give the minutes of the technical committee as they are meant for internal purposes." .....

    "The Board cannot give the information submitted by the HUDA as per the provisions of Sec. 8 of the Right to Information Act. You are requested to approach the authorities of HUDA/ORR directly and obtain the information."

    Is it right to reject the information on the grounds given above? HUDA is also a public body. Is there any provision in section 8 that prevents giving information from a third party concerning public welfare?

    Please give your comments.

    K. Babu Rao

    Simply by claiming excemption under Section 8 of the RTI Act without any proper justification is wrong. I do not have full details on your query. To what I can understand from your limited information posted, to the best of my knowledge I feel that meeting minutes of all such Public Bodies concerning public works like Outer Ring Road are public documents. They have to give this information under Section 4 (a) as also (b)(iii).

    You may appeal, quoting the above clauses.

    Manoj Pai

  3. #3
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    Thanks


    Thank you Mr. Pai for the clarification on section 8 of RTI. We will appeal as per your suggestion. Thanks again.

    Regards,
    K. Babu Rao

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    Re: Use of section 8 for denying information



    Dear Sir,

    Minutes of the meeting on a particular subject is not attracted under Sec. 8. If the P.A denied the information reg. the minutes of the meeting took place, it is a clear violationof the provisions of the RTI Act 2005. You may proceed the matter by properly filing a 1st Appeal and subsequently a second appeal,if situation warrants.

    Best of luck,



    Mohandas.

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    Re: Use of section 8 for denying information


    The minutes of the technical committee can not be denied as it very well falls within the definition of "information". The stand taken by APCB is incorrect.

    As far as the third party information is concerned the APCB should have requested within 5 days of the receipt of requestion for information by it, for the permission of the third party before disclosing the third party information even though APCB might feel that the third party may object such disclosure. However,if the third party finds the disclosure of that information objectionable the APCB can deny the disclosure.

  6. #6
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    C J Karira
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    Re: Use of section 8 for denying information


    Mohandas & sa8298,

    Please note that this thread is very old and the last post was made in Jan 2007.
    Twitter: @cjkarira

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    Re: Use of section 8 for denying information


    Dear Shri Kariraji,

    Sir, this has been posted in repose to an item subscribed by
    Shri Babu Rao recently. As such, may kindly be taken in its right perspective.

    MoHANDAS

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