can the 3rd Party be Public body?
I was wondering as is mentioned in the Article 10 of RTI act, can another public authority be considered as thrid party?
I mean if I ask for information from one PIO which matters another 3rd party, can another PIO/organisation be considered as 3rd party?
I presume when you say 'Third Party Information', you meant Section 11 of the Act and not section 10.
Section 10 deals with Severability and section 11 deals with Third Party Information.
The matter arises where the information avaibale with the Information Officer belongs to a thrid party which requires that the said information shall be kept secret. Such third party need not nessessarily be a private party other than a public authority. Hence, if any public authority keeps information or conveys information to another public authority or condition that the information shall be kept secret, such other public authority may also be treated as a thrid party to whom a notice under this section is nessessary.
I would like to braek this question first into two simpler questions:
A. What all information is available with PIO?
The information which is avilable with a PIO is two category:
a) Information of citizens. e.g. Income Tax details, Property details, Birth Death etc.
b) Information related to self (Salary, Perks, Expenditure, Welfare Scheme disbursal)
Now the second part:
B. Can the Information related to self like salary, perks, expenditures etc. be asked from a seperate PIO like Public Sector Bank disbursing welfare scheme fund ...
I dont think i need to reply to Part A(a) because third part will come in into picture.
About part B: The PIO can forward the application to the PIO concerned under intiamtion to applicant, requesting to forward the information. Ref. Section 6(3)
3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,
the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
The third part portion should not be invoked in the instant case. As the original information lies with the PIO to whom it is suggested to send the Third part Notice.
Last edited by maneesh; 07-10-06 at 05:18 PM.
I am sorry Kushal. Yes indeed the section is 11
So it also means that as the third party had rights to appeal, the other Public body too can approach for appeal.
I could not relate it to my question. Thank you for eloboration though.
You guys know a lot about RTI.
Yes they have similar rights