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explanations:rti-act-or-statutory-act

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explanations:rti-act-or-statutory-act [2015/10/16 01:46] – Shrawanexplanations:rti-act-or-statutory-act [2017/04/14 03:28] (current) – Shrawan
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 ====== RTI Act or Statutory Rules for giving information under RTI Act 2005 ======  ====== RTI Act or Statutory Rules for giving information under RTI Act 2005 ====== 
  
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 Once Public Authorities have put information in the public domain and put a price on accessing that information, they cannot be said to hold control of that information in terms of [[:act|Section 2(j)]] of the RTI Act. If any application is made under RTI Act to access such already disclosed information, it would suffice if the public authority informed the applicant where and how to access that information and also the fact that it was already in the public domain. Once Public Authorities have put information in the public domain and put a price on accessing that information, they cannot be said to hold control of that information in terms of [[:act|Section 2(j)]] of the RTI Act. If any application is made under RTI Act to access such already disclosed information, it would suffice if the public authority informed the applicant where and how to access that information and also the fact that it was already in the public domain.
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 The inference from the text of this sub-section and, especially the three expressions quoted above, is that an information to which a citizen will have a right should be shown to be a) an information which is accessible under the RTI Act and b) that it is held or is under the control of a certain public authority. This should mean that unless an information is exclusively held and controlled by a public authority, that information cannot be said to be an information accessible under the [[:act|RTI Act]]. Inferentially it would mean that once a certain information is placed in the public domain accessible to the citizens either freely, or on payment of a pre-determined price, that information cannot be said to be ‘held’ or ‘under the control of’ the public authority and, thus would cease to be an information accessible under the [[:act|RTI Act]]. The inference from the text of this sub-section and, especially the three expressions quoted above, is that an information to which a citizen will have a right should be shown to be a) an information which is accessible under the RTI Act and b) that it is held or is under the control of a certain public authority. This should mean that unless an information is exclusively held and controlled by a public authority, that information cannot be said to be an information accessible under the [[:act|RTI Act]]. Inferentially it would mean that once a certain information is placed in the public domain accessible to the citizens either freely, or on payment of a pre-determined price, that information cannot be said to be ‘held’ or ‘under the control of’ the public authority and, thus would cease to be an information accessible under the [[:act|RTI Act]].
  
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 ===== Citations ===== ===== Citations =====
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   - [[http://www.rti.india.gov.in/cic_decisions/AT-12042007-01.pdf|Shri K. Lall Vs Assistant Registrar of Companies & CPIO, NCT of Delhi & Haryana]] F.No.CIC/AT/A/2007/00112 Dated, the 12th April, 2007 , By Sh. A.N. TIWARI, INFORMATION COMMISSIONER Or Download from here: {{:important-decisions:cic-case-laws:at-12042007-01.pdf|}}   - [[http://www.rti.india.gov.in/cic_decisions/AT-12042007-01.pdf|Shri K. Lall Vs Assistant Registrar of Companies & CPIO, NCT of Delhi & Haryana]] F.No.CIC/AT/A/2007/00112 Dated, the 12th April, 2007 , By Sh. A.N. TIWARI, INFORMATION COMMISSIONER Or Download from here: {{:important-decisions:cic-case-laws:at-12042007-01.pdf|}}
   - [[http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2009_001883_M_45628.pdf|Shri Deepak Agnihotri Vs State Bank of India, New Delhi]] F.No.CIC/SM/A/2009/001883­AT Dated, the 11th November, 2010 by By Sh. A.N. TIWARI, INFORMATION COMMISSIONER or Download from here: {{:important-decisions:cic-case-laws:cic_sm_a_2009_001883_m_45628.pdf|}}   - [[http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2009_001883_M_45628.pdf|Shri Deepak Agnihotri Vs State Bank of India, New Delhi]] F.No.CIC/SM/A/2009/001883­AT Dated, the 11th November, 2010 by By Sh. A.N. TIWARI, INFORMATION COMMISSIONER or Download from here: {{:important-decisions:cic-case-laws:cic_sm_a_2009_001883_m_45628.pdf|}}
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 +===== Discuss this topic =====
  
 ~~DISCUSSION~~ ~~DISCUSSION~~
  
-==== More Common terms under RTI ====+===== More Common terms under RTI =====
  
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explanations/rti-act-or-statutory-act.txt · Last modified: by Shrawan