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Thread: organizations are barred to get information

  1. organizations are barred to get information


    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




  2. Recent Discussion regarding this issue:

    https://www.rtiindia.org/forum/ask-rt...formation.html


  3. 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



  4. 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


  5. #6
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    Re: organizations are barred to get information


    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:
    https://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 ?

  6. Re: organizations are barred to get information


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

  7. #8
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    44,519
    Name:
    C J Karira
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    Re: organizations are barred to get information


    Reposting this from another thread:

    There is a small article in today Economic Times referring to the following decision of the CIC:
    https://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..

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