RTI

Guide on Right to Information Act, 2005

Corporate Law - The right to information is implicitly guaranteed by the Constitution. However, with a view to set out a practical regime for the citizens to secure information as a matter of right, the Indian Parliament enacted the Right to Information Act, 2005. This law is very comprehensive and covers almost all matters of governance. This Law has a ...

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Whether Section 6(3) of RTI Act is a “BOON” or a “CURSE”?

Corporate Law - There is no doubt that the Subsection (3) of Section 6 of the RTI Act is a BOON to the Citizens/Applicants under the Act, so long the PIOs and FAAs at the Departments are functioning well by clearly understanding the spirit behind & specific purpose of this section. Otherwise, it is sure to be proved as a CURSE....

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Major draw backs or obstacles in achieving anticipated results under RTI Act

Corporate Law - Whereas in the matter of Principles of Natural Justice, and the field of Justice Delivery the saying Justice Delayed is Justice Denied is honestly accepted, it seems that there is no weightage to such proverb in the Right to Information Act, 2005. In fact, there is no guarantee about supply of information within particular span of period....

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Admission & Disposal of First Appeal by First Appellate Authority under RTI Act, 2005

Corporate Law - Those applicants under Right to Information Act, who could not receive the Information required by him/her or have aggrieved with the Order passed by the PIO or does not receive a decision within the time limit as applicable, have a right to Appeal to the First Appellate Authority under Section 19(1) of Right to Information Act, 2005...

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Receiving & Disposing of Applications by PIOs under RTI Act, 2005

Corporate Law - The Applicants’ seeking information under Section 6(1) of the Right to Information Act, 2005, could make their request in writing in a language of English, Hindi or in the regional official language of the area, and could submit their “Applications’ to the Public Information Officer (PIO) appointed at an office, where you think or a...

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4 Steps by govt to popularize use of RTI Act

Corporate Law - As per the Right to Information (RTI) Act, 2005, all citizens shall have the right to information. Further, RTI Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working o...

Read More

Online filing of RTI applications

Corporate Law - Government of India has started a RTI online web portal whereby Right to Information (RTI) applications can be filed online by Indian citizens, including those who are living abroad.   The detailed procedure in filing of on-line RTI application is as under:...

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ICAI directs CPIO to provide details of No. of CA Registered and in Practice

Corporate Law - Institute of Chartered Accountants of India (ICAI) has directed  Central Public Information Officer (CPIO) on RTI appeal by Advocate B.S.K.Rao to provide details of  total number of members registered with the Institute and the total number of members holding Certificate of Practice (COP). Copy of RTI Application filed by Advocate B.S.K...

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How to Make online Application of RTI

Corporate Law - Government of India has started a RTI online web portal whereby Right to Information (RTI) applications can be filed online by Indian citizens, including those who are living abroad. The detailed procedure in filing of on-line RTI applications is as under:- An Indian citizen can file RTI application online through RTI online web-portal, h...

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Amendment to the Right to Information Act, 2005

Corporate Law - he Union Cabinet has approved introduction of a Bill in the coming session of the Parliament to amend the Right to Information Act, 2005, to exclude the political parties from the definition of Public authority for the purpose of the Act. The Central Information Commission (CIC) in its decision dated 03.06.2013, has held that the [&hellip...

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Under RTI PIO not supposed to create info that is not part of record

Mr. Subrata Guha Ray Vs. CPIO (Central Information Commission) - Commission observed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is a...

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ICSI cannot charge fees for answer sheet copies in excess of Fees provided under RTI Act, 2005

Landmark Judgement: Paras Jain V. ICSI (Delhi High Court) - A division bench of Delhi High Court held that the demand of the institute i.e., ICSI, asking students for a fee of INR 500 per subject/answer book for obtaining certified copies is not sustainable....

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Identity of examiners cannot be disclosed to examinees: SC

Kerala Public Service Commission & Ors. Vs The State Information Commission & Anr. (Supreme Court of India) - Hon'ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker....

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RTI- Banks to inform their guideline/regulations which requires CAs to certify project reports/ balance sheets 

Shri Mandeep Singh Vs Central Public Information Officer,Bank of India (Central Information Commission) - Appellant Mandeep Singh filed RTI’s to the head offices of the Banks for seeking information, whether head office issued any directions that Project Reports, Projected Balance Sheets and CMA data should be certified by Chartered Accountants....

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ITR of politicians cannot be provided under RTI unless its in in Public Interest

Shailesh Ghandhi Vs (1) Central Information Commissioner (2) CPIO, ACIT, Circle 18 (2) (3) Shri Ajit A Pawar, Dy. CM, Maharastra, (Bombay High Court) - The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information...

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CBDT instructs department to Comply with orders passed by CIC

Instruction No. FTS -300294447/2016 - (17/05/2016) - It has been brought to the notice of the Board by Registrar, Central Information Commission, New Delhi that in certain cases orders passed by the CIC are not being complied with by the Income Tax Department. Reference has been made to some orders passed by CIC in this regard. ...

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RTI – Information on Disciplinary/Vigilance Proceedings

Circular No. 07/04/2013 - (04/04/2013) - CIRCULAR NO. 07/04/2013 Delhi High Court's decision in LPA No.618/2012 dated 06.11.2012 in the matter of disclosure of information under the provisions of RTI Act, relating to disciplinary matters....

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Balance in PF account can not be disclosed under RTI

Instruction No. PID/Circular/06 7/ 95 - (22/07/2011) - Shri Rabindra kumar B. Adhikari Vs Mr. Thothar (CIC) The PIO replied that the information sought by the applicant pertains to the third party and no public interest will be served in the disclosure. In accordance with Section 11 of the Act, a reference was made to the third party i.e., Sunitha Choud...

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Govt exempts CBI from RTI

Notification No. G.S.R. 442(E) - (09/06/2011) - Government has vide notification No. G.S.R. 442(E) dated 09.06.2011 exempted CBI from thr purview of RTI Act, 2005. This has been done by inserting the CBI Name in Second Schedule of the RTI Act. The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from...

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Payment of fee under the RTI Act by Indian Postal Order

Notification No. F.10/9/2008-IR - (26/04/2011) - No.F.10/9/2008-IR Dated April 26, 2011 Right to Information (Regulation of Fee and Cost) Rules, 2005 provide that a person seeking information under the RTI Act. 2005 can make payment of fee for obtaining information by cash or demand draft or banker’s cheque or Indian Postal Order. It has been br...

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Recent Posts in "RTI"

Under RTI PIO not supposed to create info that is not part of record

Mr. Subrata Guha Ray Vs. CPIO (Central Information Commission)

Commission observed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret informatio...

Read More
Posted Under: Corporate Law | |

4 Steps by govt to popularize use of RTI Act

As per the Right to Information (RTI) Act, 2005, all citizens shall have the right to information. Further, RTI Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working o...

Read More
Posted Under: Corporate Law |

ICSI cannot charge fees for answer sheet copies in excess of Fees provided under RTI Act, 2005

Landmark Judgement: Paras Jain V. ICSI (Delhi High Court)

A division bench of Delhi High Court held that the demand of the institute i.e., ICSI, asking students for a fee of INR 500 per subject/answer book for obtaining certified copies is not sustainable....

Read More

CBDT instructs department to Comply with orders passed by CIC

Instruction No. FTS -300294447/2016 (17/05/2016)

It has been brought to the notice of the Board by Registrar, Central Information Commission, New Delhi that in certain cases orders passed by the CIC are not being complied with by the Income Tax Department. Reference has been made to some orders passed by CIC in this regard. ...

Read More

Guide on Right to Information Act, 2005

The right to information is implicitly guaranteed by the Constitution. However, with a view to set out a practical regime for the citizens to secure information as a matter of right, the Indian Parliament enacted the Right to Information Act, 2005. This law is very comprehensive and covers almost all matters of governance. This Law has a ...

Read More
Posted Under: Corporate Law |

Identity of examiners cannot be disclosed to examinees: SC

Kerala Public Service Commission & Ors. Vs The State Information Commission & Anr. (Supreme Court of India)

Hon'ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker....

Read More

Whether Section 6(3) of RTI Act is a “BOON” or a “CURSE”?

There is no doubt that the Subsection (3) of Section 6 of the RTI Act is a BOON to the Citizens/Applicants under the Act, so long the PIOs and FAAs at the Departments are functioning well by clearly understanding the spirit behind & specific purpose of this section. Otherwise, it is sure to be proved as a CURSE....

Read More
Posted Under: Corporate Law |

Major draw backs or obstacles in achieving anticipated results under RTI Act

Whereas in the matter of Principles of Natural Justice, and the field of Justice Delivery the saying Justice Delayed is Justice Denied is honestly accepted, it seems that there is no weightage to such proverb in the Right to Information Act, 2005. In fact, there is no guarantee about supply of information within particular span of period....

Read More
Posted Under: Corporate Law |

Admission & Disposal of First Appeal by First Appellate Authority under RTI Act, 2005

Those applicants under Right to Information Act, who could not receive the Information required by him/her or have aggrieved with the Order passed by the PIO or does not receive a decision within the time limit as applicable, have a right to Appeal to the First Appellate Authority under Section 19(1) of Right to Information Act, 2005...

Read More
Posted Under: Corporate Law |

Receiving & Disposing of Applications by PIOs under RTI Act, 2005

The Applicants’ seeking information under Section 6(1) of the Right to Information Act, 2005, could make their request in writing in a language of English, Hindi or in the regional official language of the area, and could submit their “Applications’ to the Public Information Officer (PIO) appointed at an office, where you think or a...

Read More
Posted Under: Corporate Law |
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