RTI
inder maurya
(Querist) 02 August 2011
This query is : Resolved
hi , i am dr.inder maurya, an i own a proprietory firm , libra international services, its a govt. licensed firm, where we recruit people abraod, i would like to know , can someone file an right to information act against me?
how can i prevent , if someone is misusing rti against me?
What r my options then?
thanks a toon!!!!!!!!!!!
adv. rajeev ( rajoo )
(Expert) 02 August 2011
Third person who is not related and benefited from you cannot file an application under the RTI act against you.
K.S.Srinivas
(Expert) 02 August 2011
All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.
V.Satya venkatarao
(Expert) 02 August 2011
The RTI Act is applicable only to those bodies, instiutions which fall under the definition of Public Authorities as defined under the said Act. Since yours is reportedly a recruitment agency, prima facie you may not fall under the definition of public authority. The mere fact that the Govt has given a licence to u to carry out the said business may not make u a public authority, unless you are in receipt of financial or other assistance from the Govt direcly
Guest
(Expert) 02 August 2011
i agree with Srinivas as it is governed by the government and any citizen can ask under RTI from the concerned department about you.
prabhakar singh
(Expert) 02 August 2011
TO ME Mr. V.Satya venkatarao SEEMS TO HAVE A MORE SOUND ANALOGY ON A DEBATE=ABLE MATTER WHERE Mr.K.S.Srinivas SEEMS TO SELF CONTRADICT.A BENEFICIAL LEGISLATION WE SHOULD ENDEAVOR TO INTERPRET IT SO THAT MORE AND MORE COME UNDER ITS CLUTCHES.
Raj Kumar Makkad
(Expert) 02 August 2011
We hare are not to make a social legislation beneficial for maximum rather for interpretion of law and it application.
So far as query is concerned, I am of the firm opinion (based upon latest decisions of SCI) that such bodies as are directly controlled by rules of Ministry of Labour and MFA so RTI is applicable.
K.S.Srinivas
(Expert) 02 August 2011
Sec.2(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;
Sec 2 (h) : "public authority" means any authority or body or institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,
and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;
The question is whether a private business requiring licence from various public authorities, qualifies to be a public activity? In this particular case there is an added dimension as well, i.e. the business activity licenced to be carried out viz. proprietary firms which got licence from the government, involves the public, both as clients and as common citizens, whose rights or whose convenience and welfare, may be impacted by such business activity. Licensing of such a business activity is meant to impose conditions which would ensure not only that the activity conforms to pre-determined norms, but also that that citizen’s rights, his comfort and welfare are duly safeguarded. In essence, licencing is, therefore, not just a matter between a licensor and a licensee, but is an activity meant to subserve public good.
The information solicited here may pertain to a private person, who might be the owner of a Proprietary Firm, yet the activity undertaken by him has a strong public face. A citizen is entitled to know whether the letter of law is followed by the licensing authority in authorizing such a business activity. The principal factors determining, whether disclosure of an information can be authorized, is whether it answers to the definition of “information” and whether it is barred by exemptions provided in the Act.
All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.
In view of the above, a citizen of India can seek information from the above proprietary firm.
Manjeet kumar sahu
(Expert) 04 August 2011
If there would be UNWARRANTED INVASION OF PRIVACY then one can also take action under section 8(1)(j)of the RTI Act.
And unless the query asked by the individual is of public importance,the concerned authority is not mandate to deliver the information.
