dear Sabarjit thanks for the detailed information. I had sought the statistics of the number cases handled by the CWC for 2 years and the number of children transferred to the various NGOs, no. of cases filed by CWC on perpetuators. CWC claimed this information being confidential to protect children and their identity, while stating that the CWC is not a 'public authority" as per RTIA 2005!!!! thank you...I shall refile my compliant with the KIC. regards brinda
On Tue, Apr 14, 2009 at 7:24 PM, sroy1947 <[email protected]> wrote: > > > Hi Brinda > > 1) Check if these Committees ("body") are EXPLICITLY set up BY (as > distinguished from "under") the JJA 2000, in which case they are public > authorities. See section 2(h)(b) of RTIA'05 > > 2) If they are not, and the JJA 2000 is merely an "enabling legislation" > requiring thee Committees to be in place, ferret out the order / > notification of the "appropriate government" which has established / > constituted these Committees. (This brings them squarely within 2(h)(d) as > public authorities.) THIS is your option in view of section 29 of the JJA > which reads as follows > > " 29. Child Welfare Committee.-(1) The State Government may, by > notification in Official Gazette, constitute for every district or group of > districts, specified in the notification, one or more Child Welfare > Committees for exercising the powers and discharge the duties conferred on > such Committees in relation to child in need of care and protection under > this Act. > (2) The Committee shall consist of a Chairperson and four other members as > the State Government may think fit to appoint, of whom at least one shall be > a woman and another, an expert on matters concerning children. > (3) The qualifications of the Chairperson and the members, and the tenure > for which they may be appointed shall be such as may be prescribed. > (4) The appointment of any member of the Committee may be terminated, after > holding inquiry, by the State Government, if- > 1. he has been found guilty of misuse of power vested under this Act; > 2. he has been convicted of an offence involving moral turpitude, and such > conviction has not been reversed or he has not been granted full pardon in > respect of such offence; > 3. he fails to attend the proceedings of the Committee for consecutive > three months without any valid reason or he fails to attend less than > three-fourth of the sittings in a year. > > (5) The Committee shall function as a Bench of Magistrates and shall have > the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on > a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of > the first class. " > > 3) If even this fails, then search out the websites of concerned public > authorities (like departments / ministries) for their section 4(1)(b)(viii) > for statement of "committees". The info you want can then be accessed via > 2(f) from these P/As. > > Hope this is clear :-) > > Sarbajit > > --- In [email protected] <rti_india%40yahoogroups.com>, brinda > adige <brindaad...@...> wrote: > > > > Dear Friends, > > I have a query-are the Child Welfares Committees constituted under the > JJA > > 2000, 'public authorities' as defined by RTI-2005? > > Here in Bangalore the people claim not to fall within the purview of this > > RTI Act and hence disregard information sought by public under RTIA, some > > even asking in writing for what purposes would the applicant require the > > statistics of children in the various government / NGO shelter homes. > > Please enlighten. > > kind regards > > brinda > > > > > -- Brinda Adige Bangalore, India ph.no.-9845518138 Which comes first, orthodoxy or the truth? The price you pay for veneration is conformity!! You have a right to feel anyway you feel. How you act on those feelings is what is important!! The greatest risk is not taking one... [Non-text portions of this message have been removed]
