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]