rti act

Anti-Profiteering – an RTI Experience

Corporate Law - The GST Legislation has incorporated an Anti-Profiteering clause (‘APC’) under Section 171 of Central Goods and Services Tax Act, 2017 (‘CGST Act’). The basic idea behind such clause is to keep a check on the Inflation (if any) arising out of the introduction of GST in India. ...

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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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Bank notes with writing or ink mark continue to be legal tender: RBI in RTI Reply

Corporate Law - Bank notes with writing or ink mark on them continue to be legal tender, however, bank notes bearing religious or political messages will not be treated as eligible for exchange as per Note Refund Rules, 2009....

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No Human Right Violation in Sukma Attack: CRPF in RTI Reply

Corporate Law - In the instant matter, there appears to be no violations of Human Rights as well as facts of the case do not attract the allegations of Moreover, your application does not make any reference to such allegations. Hence this department is not liable to provide any information in this regard to you under RTI Act-2005....

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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...

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Salient features of Whistle Blower’s Amendment Bill

Corporate Law - To amend Whistle Blowers Protection Act, 2014, Govt introduced Whistle Blowers Protection (Amendment) Bill, 2015 in Lok Sabha on 11-05-2015 and passed by Lok Sabha on 13-05-2015. ...

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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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JCIT to disclose Tax Budget Target fixed & Tax Collected under RTI

Mr. Radha Raman Tripathy Vs CPIO & Jt. Commissioner of Income Tax (Central Information Commission) - The Complainant vide his RTI application sought information on two points with respect to JCIT and desired details regarding Income Tax Budget Target fixed by JCIT Range- 3, Bokaro for the Financial Year 2015-2016 and Tax Collected during the Financial Year 2015-16....

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CIC issues SCN to CPIO & JCIT for misconduct & negligence under RTI Act, 2005

Mr. Radha Raman Tripathi Vs. CPIO & Jt. Commissioner of Income Tax (Central Information Commission) - Central Information Commission observed that the response provided by the CPIO/Respondent with respect to Points 03 and 04 was in total disregard to the provisions of the RTI Act, 2005 and contradictory response was provided by the Respondent during the hearing. The Commission therefore directs the ...

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RTI Act: HC set aside CIC order declaring Every Minister a Public Authority

Union Of India And Anr Vs. Central Information Commission And Anr (Delhi High Court) - a) Is Minister or his office a 'public authority' under the RTI Act? b) Whether a citizen has right to information sought, and does the minister has corresponding obligation to give?...

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Indian Banks Association is a Public Authority Under RTI Act, 2005

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission) - Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission) Taking into account that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, the IBA qualifies to be a public authority u...

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Delhi Soccer Association is a Public Authority under RTI Act: HC

D K Bose Vs. PIO (Central Information Commission) - D K Bose Vs. PIO (Central Information Commission) CIC held that In fact, being a public body concerned with public activity like football, the Delhi Soccer Association (DSA) should have voluntarily disclosed entire information about it, including the bits and pieces asked by the appellant in this an...

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RTI in respect of request made to foreign tax authorities under tax treaties- Reg

F.No.500/120/2017/FT&TR-III - (30/10/2017) - It is noticed that RTI applications, where information is sought in respect of a request for information made to any foreign jurisdiction under tax treaties, are being transferred to the FT&TR division in a routine manner by CPIOs and First Appellate Authorities functioning in the field....

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Govt releases draft Right to Information Rules, 2017 for comments

No. 1/5/2016-IR - (31/03/2017) - A proposal for making Rules under RTI i.e. RTI Rules, 2017 in supersession of RTI Rules, 2012-by the Central Government under section 27 of the RTI Act, 2005, is under consideration of the Department of Personnel & Training....

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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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Recent Posts in "rti act"

JCIT to disclose Tax Budget Target fixed & Tax Collected under RTI

Mr. Radha Raman Tripathy Vs CPIO & Jt. Commissioner of Income Tax (Central Information Commission)

The Complainant vide his RTI application sought information on two points with respect to JCIT and desired details regarding Income Tax Budget Target fixed by JCIT Range- 3, Bokaro for the Financial Year 2015-2016 and Tax Collected during the Financial Year 2015-16....

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Anti-Profiteering – an RTI Experience

The GST Legislation has incorporated an Anti-Profiteering clause (‘APC’) under Section 171 of Central Goods and Services Tax Act, 2017 (‘CGST Act’). The basic idea behind such clause is to keep a check on the Inflation (if any) arising out of the introduction of GST in India. ...

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Posted Under: Corporate Law |

CIC issues SCN to CPIO & JCIT for misconduct & negligence under RTI Act, 2005

Mr. Radha Raman Tripathi Vs. CPIO & Jt. Commissioner of Income Tax (Central Information Commission)

Central Information Commission observed that the response provided by the CPIO/Respondent with respect to Points 03 and 04 was in total disregard to the provisions of the RTI Act, 2005 and contradictory response was provided by the Respondent during the hearing. The Commission therefore directs the Respondent, Mr. Sanjiv Kumar Roy, CPIO/J...

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RTI Act: HC set aside CIC order declaring Every Minister a Public Authority

Union Of India And Anr Vs. Central Information Commission And Anr (Delhi High Court)

a) Is Minister or his office a 'public authority' under the RTI Act? b) Whether a citizen has right to information sought, and does the minister has corresponding obligation to give?...

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Indian Banks Association is a Public Authority Under RTI Act, 2005

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission)

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission) Taking into account that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, the IBA qualifies to be a public authority under the RTI Act, 2005. The Commission...

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Delhi Soccer Association is a Public Authority under RTI Act: HC

D K Bose Vs. PIO (Central Information Commission)

D K Bose Vs. PIO (Central Information Commission) CIC held that In fact, being a public body concerned with public activity like football, the Delhi Soccer Association (DSA) should have voluntarily disclosed entire information about it, including the bits and pieces asked by the appellant in this and several other appeals, and fulfill its...

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RTI Act would not prevail over Supreme Court Rules; CIC cannot overrule decision of Other Coordinate Benches Of Same Strength

The Registrar Vs. R S Misra (Delhi High Court)

The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court;...

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CIC awards Compensation to RTI Applicant for 2 year delay in providing info

Aabid Hussain Vs. CPIO (Central Information Commission)

Commission is convinced with the averment of the Appellant for having suffered gross detriment due to the delay of over 2 years in providing the information to him. Appellant deserves to be compensated on this account. ...

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Judicial proceedings & records are public records and can be availed under RTI

Shri Y N Prasad Vs. PIO (Central Information Commission)

Judicial proceedings and records thereof are public records and the appellant has a right to secure desired information. After hearing the appellant and perusal of record, the Commission deems it fit to direct the respondent PIO to offer inspection of the judicial file to the appellant on a mutual convenient day and time. ...

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RTI in respect of request made to foreign tax authorities under tax treaties- Reg

F.No.500/120/2017/FT&TR-III (30/10/2017)

It is noticed that RTI applications, where information is sought in respect of a request for information made to any foreign jurisdiction under tax treaties, are being transferred to the FT&TR division in a routine manner by CPIOs and First Appellate Authorities functioning in the field....

Read More
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