RTI - Right To Information Act was enacted by the Government to help the common man to know anything in which he is concerned. It makes the Government functioning transparent. It is, ofcourse, a boon to the citizens.
Alas, the way in which the authority and right through this Act is taken advantage and the ulterior motive of many unholy elements makes this Act a bane and detrimental for many, especially the industrial and business establishments.
Persons who are submitting applications under this Act to the Goverment are on the rise - not to know what is happening in the Government but to harrass some one they hate or have a problem. So far 59 RTI applications were made seek information concerning our company. The information asked for are 'how licence for was given to certain activity', how permit was given to have certain facility' and so on. Many of the licenses were originally given to us more than four decades back. The irony is that those in Government do not like to take out the records many of them are either lost or misplaced with them pressurize the industry to avoid any such applications from people and "advise" us to take up with them at any "cost".
The cost is giving employement, giving donation, providing basic amenities and so on. What we cannot give / provide are tried through RTI - how clever are people in taking undue advantage of any facility or right given to them by the Government!
I hope many of my friends in citeHR who are occupying high posts in HR, Administration and Public Relations must also be experiencing the same type of problem in their organization also. I want them to share with this writer their experincing in tackling such problem makers.
Now the Government is thinking of amending this Act to avoid such misuse by the miscreants for obnoxiouis motives. I don't whether it will take a final shape and enacted to help the industries.
Let us wait and see.
Regards.
R.Ganesh
From India, Tiruppur
178Alas, the way in which the authority and right through this Act is taken advantage and the ulterior motive of many unholy elements makes this Act a bane and detrimental for many, especially the industrial and business establishments.
Persons who are submitting applications under this Act to the Goverment are on the rise - not to know what is happening in the Government but to harrass some one they hate or have a problem. So far 59 RTI applications were made seek information concerning our company. The information asked for are 'how licence for was given to certain activity', how permit was given to have certain facility' and so on. Many of the licenses were originally given to us more than four decades back. The irony is that those in Government do not like to take out the records many of them are either lost or misplaced with them pressurize the industry to avoid any such applications from people and "advise" us to take up with them at any "cost".
The cost is giving employement, giving donation, providing basic amenities and so on. What we cannot give / provide are tried through RTI - how clever are people in taking undue advantage of any facility or right given to them by the Government!
I hope many of my friends in citeHR who are occupying high posts in HR, Administration and Public Relations must also be experiencing the same type of problem in their organization also. I want them to share with this writer their experincing in tackling such problem makers.
Now the Government is thinking of amending this Act to avoid such misuse by the miscreants for obnoxiouis motives. I don't whether it will take a final shape and enacted to help the industries.
Let us wait and see.
Regards.
R.Ganesh
From India, Tiruppur
Dear Ganesh
I agree with you. In fact, elements having ulterior motives are making the best use of the Act, rather than people who really need it.
Unfortunately, this again is the same "two-sides-of-a-coin" argument. For every good initiative, one will always find people, bent on misusing it. One needs to change the "thinking" of such persons. Can all of us share some responsibilities for it and do 'something' about it; or shrug our shoulders that 'it is not our problem" ?
Warm regards.
From India, Delhi
I agree with you. In fact, elements having ulterior motives are making the best use of the Act, rather than people who really need it.
Unfortunately, this again is the same "two-sides-of-a-coin" argument. For every good initiative, one will always find people, bent on misusing it. One needs to change the "thinking" of such persons. Can all of us share some responsibilities for it and do 'something' about it; or shrug our shoulders that 'it is not our problem" ?
Warm regards.
From India, Delhi
Dear Ganesh
Thank you for raising the issue. But I am sure, like me, there are many people, who are not aware of the working of this Act. I appreciate your concern in the interest of public. I think we can do the following:
1. Compile the Act or at least the gist of acts in a power point or word format
2. Invite all the persons who are helped or who faced problems due to this act
3. Mark where the amendments are required and the better way of working of this Act
4. Involve more people to raise this public litigation and raise their voice to amend the Act
5. File a public litigation or public interest suite in the Court
If we have so much of time and patience, we can bring about a change !
Regards
k.Ramachandra
bangalore
Thank you for raising the issue. But I am sure, like me, there are many people, who are not aware of the working of this Act. I appreciate your concern in the interest of public. I think we can do the following:
1. Compile the Act or at least the gist of acts in a power point or word format
2. Invite all the persons who are helped or who faced problems due to this act
3. Mark where the amendments are required and the better way of working of this Act
4. Involve more people to raise this public litigation and raise their voice to amend the Act
5. File a public litigation or public interest suite in the Court
If we have so much of time and patience, we can bring about a change !
Regards
k.Ramachandra
bangalore
Under the RTI Act one can ask for information only. One cannot ask how a licence was given. He can ask for a copy of the licence. He can ask for rules or policies regarding the grant of licence. Copies of such documents can easily be given by the public authority (PA) concerned. Just in case they dont have it for any reason and you have it you can give it to them, so that they discharge their obligations under the Act. I cannot imagine a situation where one has asked simply 'how the licence is given to company X?' The Public Information Officer (PIO) of the PA can simply reply that it is not an information as defined inthe Act.
Section 2 (f) of the Act defines 'information' as follows:
(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Further 'record' is also defined as follows in the Act:
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other device;
A PIO who knows his job will not find any difficulty in dealing with such queries.
From India, Madras
Section 2 (f) of the Act defines 'information' as follows:
(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Further 'record' is also defined as follows in the Act:
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(d) any other material produced by a computer or any other device;
A PIO who knows his job will not find any difficulty in dealing with such queries.
From India, Madras
My dear Mr.Pugazhendhi,
Thanks for your detailed mail furnishing certain details about the Act. In most of the cases, the authority concerned would approach us to furnish with the details instead of searching at their end, which we promptly provide so as to help the authrity help us in turn.
However, when you happend to see the applications filed by these miscreants how wantonly they infuriate the authority concerned and the company. The Govt.autority hesitating to go into the details insist us to pacify the applicant by all means.
We are very much suffering sir. Something should be done at some time to silence these unholy elements. Atleast the fee should be raised from Rs.10/- multifold.
Regards.
R.Ganesh
From India, Tiruppur
Thanks for your detailed mail furnishing certain details about the Act. In most of the cases, the authority concerned would approach us to furnish with the details instead of searching at their end, which we promptly provide so as to help the authrity help us in turn.
However, when you happend to see the applications filed by these miscreants how wantonly they infuriate the authority concerned and the company. The Govt.autority hesitating to go into the details insist us to pacify the applicant by all means.
We are very much suffering sir. Something should be done at some time to silence these unholy elements. Atleast the fee should be raised from Rs.10/- multifold.
Regards.
R.Ganesh
From India, Tiruppur
Dear Mr. Ganesh your doubts are unfounded probably owing to the no/little knowledge of the RTI Act 2005. Only a Public Authority has been brought under the perview of the RTI Act 2005. The definition of the Public Authority is given in Section 2(h) of the act and its abstract is reproduced below:
Any Private entity which is
(i) not owned, controlled or substantially financed by the appropriate Government;
(ii) non-Government organisation which is not substantially financed, directly or indirectly by funds provided by the appropriate Government;
are not covered under the Act. So you can deny the request for information, even to the government on an request under the RTI Act.
However, the information submitted by you to the Government or any Public Authority, under statutory compliance, is not covered. Such information supplied by you and held by Government or any Public Authority, can be supplied by the Government or any Public Authority to the applicant under the RTI Act.
The information regarding commercial disclosures (as sales Tax Returns) and trade copyrights, patents etc. cannot be disclosed by the government.
Certain types of information are treated as information in "Larger Public Interest" and can be disclosed. In such a case the information is treated as "Third Party Information" and a Notice is given to the Third Party for the intention of the Public Information Officer to disclose the information held by him. Third Party can agree/disagree to part with the information.
There are provisions for appeals too.
From India, Chandigarh
Any Private entity which is
(i) not owned, controlled or substantially financed by the appropriate Government;
(ii) non-Government organisation which is not substantially financed, directly or indirectly by funds provided by the appropriate Government;
are not covered under the Act. So you can deny the request for information, even to the government on an request under the RTI Act.
However, the information submitted by you to the Government or any Public Authority, under statutory compliance, is not covered. Such information supplied by you and held by Government or any Public Authority, can be supplied by the Government or any Public Authority to the applicant under the RTI Act.
The information regarding commercial disclosures (as sales Tax Returns) and trade copyrights, patents etc. cannot be disclosed by the government.
Certain types of information are treated as information in "Larger Public Interest" and can be disclosed. In such a case the information is treated as "Third Party Information" and a Notice is given to the Third Party for the intention of the Public Information Officer to disclose the information held by him. Third Party can agree/disagree to part with the information.
There are provisions for appeals too.
From India, Chandigarh
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Information Technology Act, 2000.pdf
App act gen information.doc