AUTHORITY LETTER for RTI

                                                AUTHORITY LETTER for RTI

I, ______________s/o ______________ aged _____ years and residing at ______________ hereby authorize Shri ____________ s/o ____________ aged _____ years and residing at _____________ and who signs as ___________________ to do all or any of following acts as my authorized representative in the matter of The Right to Information Act 2005:

1. To file applications for seeking information.

2. To file first appeals or second appeals or complaints with first appellate authorities and/or State Information Commissions or Central Information Commission

3. To attend hearings before first appellate authorities and/or State Information Commissions or Central Information Commission and to participate therein,

4. To address suitable communications to various authorities.

5. To make payment of other charges under the said Act for information.

6. To do all other acts incidental to above acts.

Acts done under this authority letter will be binding on me, as if it were done by me.

This authority is valid till ________[date].

Signed on [date] ___________at ____________[Place]

Signature: ___________________

Witness 1: Name ___________ Address __________ Signature__________ 

Witness 2: Name ___________ Address __________ Signature__________

[This can be executed on plaint paper. However to be on safer side, this authority letter may be executed on Rs.100 stamp paper and can be notarized after deleting witnesses. Please make changes to suit your case] 

INFORMATION ON WEBSITES UNDER RTI ACT 2005

https://www.box.com/s/b993a6db1785d796ab18

INFORMATION ON WEBSITES UNDER RTI ACT 2005

Many a times, PIO redirects applicant to website for getting information rather than himself supplying it in hard copy. You can file first appeal based on following points:

1. Even when information is available on website, CIC has directed supply of information in hard copies vide following decisions:

CIC/WB/A/2010/000167SM dated 03-06-2011

No.37/ICPB/2006 dated 26-06-2006

CIC/SG/A/2011/001755 dated 25-07-2011

CIC/SM/A/2011/001466/SG/15161 dated 12-10-2011

CIC/SG/A/2011/002686/16186 dated 08-12-2011

2. Information hosted in the website has no authenticity, as  information is liable for hacking. The said information has also no evidentiary value in courts or tribunals. Information on website can be removed and it may become difficult for information seeker to prove it later on. Websites are not updated regularly by most of public authorities.

3.  PIO has not mentioned even the exact link in website or ULR. He cannot expect information seeker to roam into entire website and locate required information.

4. As on 2010 only 15% of Indians were having access to internet and hence reference to website excludes 85% of population if website is to be accessed.

5. I had sought information while PIO has given me location of information. This is violative of RTI Act in letter and spirit.

6. It would be prudent and reasonable on your part to order PIO to get print outs from website and supply to me duly authenticated.

7. Under section 19.5 of RTI Act the onus to justify replies rests with PIO. Under section 20.1 the burden of proving that PIO acted reasonably and diligently is enjoined on the PIO. He should be put to strict test to this effect in hearing of this appeal.

20082012

REFUSAL OF INFORMATION U/S 8.1.d OF RTI ACT

REFUSAL OF INFORMATION U/S 8.1.d OF RTI ACT

Section 8.1.d of RTI Act reads as:

“information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;”

To invoke above reason, information should have following characteristics:

1. Information should relate to third party, including public authority.

2.  Its disclosure should be harmful for competitive position of third party or public authority.

3. Applicant is not in a position to prima-facie prove larger public interest in disclosure. This cannot be invoked when frauds or scams have been committed with public money.

4. Information should relate to/constitute commercial confidence or trade secret or intellectual property of third party [including pubic authority].

5. PIO provides meaningful justification on how disclosure would harm competitive position of third party or public authority and how it constitutes commercial confidence, trade secret or intellectual property. Just stating sub-section is not sufficient.

Please also note:

A] “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act.”CIC/OK/A/2006/00163 dated 7 July, 2006.

B] “The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006.

Refer: CIC/SG/A/2011/003607/17371 dated 10-03-2012

SECOND APPEAL OR COMPLAINT TO CIC [REVISED]

Please visit:

https://www.box.com/s/4399a227eee91f8f44c1

LONG PENDING ISSUES WITH GOVT -USE RTI

Revised 120812  https://www.box.com/s/4a226fbd926cfe793bd4

                        ANY THING PENDING WITH GOVT.?

            If your ordinary application is long pending with any government dept/office or you are not getting satisfactory replies/action, or bribe is being demanded, you can lodge application under THE RIGHT TO INFORMATION ACT   and ask for following information.

_______________________________________________________________

Information required relating to my representation/s dated _____ [copies enclosed] connected to ____________ [subject]

01. Date of receipt by your office and inward number.

02. Daily progress from date of receipt till date of this application.

03. Names, designations, and office addresses of officials with whom my representation was lying during this period and date wise period with each official and details of action taken by him/her.

04. Evidence of receipt and dispatch of my application in the offices of each of these officials.

05. Number of days within which matter of representation should have been resolved according to rules or citizens charter or any other order or public service enactment. Please also provide a copy thereof.

06. Details of action taken by the controlling authority against erring employees, if employees have not adhered to time limit mentioned in rules.

07. If no action has been initiated as above, reasons on record be made known to me, with name, designation and contact details of controlling authority of these employees. [Ref: section 4.1.d of RTI Act]

08. Present status and date by which this matter will be completely resolved.

09. File notings held on my said representation.

10. Number of complaints received against your office in last one year.

11. Number of employees of your office against whom departmental action was initiated in last one year for dereliction of duties.

12. Name, designation and address of Nodal Officer designated to receive and decide on notices under section 80 of CPC relating to your office.

13. Name, designation of head of vigilance department, his address, email ID and phone/mobile number to whom complaint can be lodged by me against your office.

14.  Please permit me inspection of relevant records with assistant of my choice.

Name:___________________                 Signature of Applicant

REVISED RTI APPLICATION FOR CENTRAL GOVT

https://www.box.com/s/a46a7100e5ebbd56a86a

                       THE RIGHT TO INFORMATION ACT 2005

                             APPLICATION FOR INFORMATION

                              

Date: _________                                                        

To,

Central Public Information Officer

Dept/Office________________________

Address______________________________

1. Applicant’s name:

2. Address:

3. Information required:

Background:

A]

B]

4. Filing fee: IPO No __________for Rs.10/- enclosed.

5. Enclosures a ________ b _________

6. Please rush information by registered post. I am an Indian citizen. Reply in English.

7. Permit me inspection of relevant records, with an assistant of my choice. I am not very conversant with official language of record and office procedures.

Signature ____________

____________________________________________________

Short guidelines for applying:

1. Decide exact information you desire to have with period etc. This is important part of application. Do not ask questions but seek information. Restrict application to 500 words [excluding both addresses]. If you cannot confine to 500 words, please file second RTI application for remaining queries and mail in the same envelope.

2. Locate exact CPIO/ACPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to CPIO of Head Office/ministry to whom the information may pertain. He will mail to correct CPIO within five days of receipt of your application.

4. Make crossed IPO of Rs.10/- in favour of Accounts Officer of the office to whom you are applying. Make it payable at the place where you are submitting application. If in doubt attach blank IPO with note to fill in the same by CPIO. For example if you are applying to Ministry of HRD, New Delhi make IPO payable to “Accounts Officer, Ministry of HRD” payable at New Delhi. If you are under BPL, you need not pay Rs.10/-. Just enclose self-attested photocopy of BPL certificate.

5. Attach self-attested photocopies of papers, which you think would help locate the information by CPIO as annexure to application. Mention brief background of issue under RTI application. Be brief due to word limitation of 500 for entire application, excluding both addresses.

6. Retain photocopy of entire set including IPO etc.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD.

9. Remit the amount to CPIO when requested by him by bank draft/pay order/IPO towards photocopying charges @Rs.2/- per A-3 size paper if you have asked for copies of record etc. Information on CD will cost Rs.50/- per CD. Postage above Rs.50 is chargeable.

10. If you do not receive reply within 40 days from mailing, including postal time of 10 days-both side, prepare to file first appeal. You have 30 days time from the date when information should have reached you, for filing first appeal. For first appeal please refer RTI link in my blog at www.jps50.blogspot.com or

FIRST APPEAL GUIDE [CENTRAL]

http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

FIRST APPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal as above.

12. It is advisable to consult local RTI NGO/activists for first and second appeals for better results. Consultation is normally free as a social service. Visit www.rtiindia.org

J. P. Shah, Cell: 09924106490 Email ID: jpshah50@yahoo.co.in

12-08-2012

[Revised as per amendment to RTI Rules 2012 dated 31-07-2012]

  

Public Service Guarantee Act and State Information Commissions

Public Service Guarantee Act and State Information Commissions

M.P., Bihar, Punjab, Uttarakhand, Delhi, J & K, UP, Rajasthan, Jharkhand, Karnataka, Kerala, Himachal Pradesh have implemented Public Service Guarantee Act to guarantee time-bound delivery of services govt offices. Such a law of Central Govt is pending with Standing Committee of  Parliament.

These State Acts guarantee as a matter of right to get delivery of govt services in a time bound method by citizens or else concerned employee is penalized for per day delay beyond stipulated time limit. The citizen is also entitled to compensation in some states.

I am sure State Information Commissions [SIC] being State entities should be within purview of this act. If this is so, RTI applicant should invoke this act to get decisions from SICs in a time frame declared under this act.

I am trying to study some of these State Acts. I am requesting our  members to explore this possibility in their states, where appeals/complaints are lingering with SIC for long time. State Acts would be on website of State Govt or can be googled.

Feed back and experience of members will be useful to other members also.

11-08-2012

http://www.rtiindia.org/forum/100648-public-service-guarantee-act-state-information-commissions.html

NON-COMPLIANCE OF ORDERS OF CIC/SIC –Administrative Remedy

Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance of its own orders.

Hence I suggest that if after two months of filing complaint of non-compliance [with copy to PIO, FAA and Head of public authority],  as suggested in my separate article posted at https://www.box.com/s/b090a6cf8b4ee6d52e11, you do not get information or compliance, please send letter as per following link, after making suitable changes to suit your case. It may sensitize the machinery.

It is to be addressed to Chief /Principal Secretary heading ministry at Delhi under which public authority works for central govt information. In case of state govt information it should be addressed to Chief/Principal Secretary of the Department which oversees department of SPIO/PIO. Details are available on website of Ministry or Department. 

Draft of Letter is at:
https://www.box.com/s/af7520eaaf9f084ceafd

10-08-2012

FIDUCIARY RELATIONSHIP UNDER RTI ACT 2005

https://www.box.com/s/21403f11a9319dc332f8

FIDUCIARY RELATIONSHIP UNDER RTI ACT 2005

One of the reasons for declining information is fiduciary relationship.

Section 8.1.e of RTI Act 2005 reads as under:

“Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants disclosure of such information”

Black’s Law Dictionary describes a fiduciary relationship as “one founded on trust or confidence reposed by one person in the integrity and fidelity of another.”

To qualify for information as held under fiduciary relationship, it should have following ingredients:

1. Information should have been given to public authority voluntarily by the giver of information. Giver must have choice whether to give or not and to whom it should be given.

2. Information should not have been given to public authority under compulsion or compliance of any law or rule.

3. Information should have been given to public authority for using it for the benefit of its giver.

4. Information should have been given in utmost trust, confidence and faith by giver in the receiving public authority.

Some of the examples of fiduciary relationship are:

Litigant-lawyer, patient-doctor, investor-financial advisor, client-bank, beneficiary-trustee, ward-guardian, attorney-principal, director-shareholder parent-child, insured-insurer etc

Following information held by public authority of third party cannot be said to be held in fiduciary relationship if:

A] It is given to public authority under compliance of any law or rule [e.g. Income Tax Act, customs act, VAT, etc].

B] Giver has no choice but to give information to public authority.

C] Information is not given voluntarily by giver to public authority.

D] Information was not to be used for the benefit of giver by public authority.

E] information is not given in trust, confidence and faith in public authority.

E] it is in larger public interest to disclose, even if held under fiduciary relationship.

Important CIC decisions & judgements on fiduciary relationship:

i] CIC/AT/A/2008/01238 dated 07-06-2010

ii] CIC/SM/A/2010/001634/SG/14617 dated 15-09-2011

iii] CIC/SM/A/2011/001376/SG/15684 dated 15-11-2011

iv] Judgement dated 30-08-2010 of High Court of Kerala at Ernakulam in

WP(C).No. 6532 of 2006(C) -1. TREESA IRISH, W/O.MILTON LOPEZ                         Vs CENTRAL PUBLIC INFORMATION OFFICER

v] Judgement of Full Bench of High Court of Delhi, in Secretary General Supreme Court of India V Subhash Chandra Agarwal, L.P.A. No. 501/2009.

The above material can be used in first or second appeal.

07-08-2012