The true position is as follows:- 1) Any (legal) PERSON (incl. corporate bodies etc.) can APPLY for information in RTI, BUT
2) The information can only be PROVIDED to a CITIZEN of India. 3) If a JOINT application is made, then ALL FEES / COSTS prescribed under the Act must be paid by EACH APPLICANT / RECEIVER. Notwithstanding this, because of many incompetent decisions of the CIC, these principles are not being followed in practice. Sarbajit --- In [email protected], Sidharth <sidharthb...@...> wrote: > > "3. Subject to the provisions of this Act, all citizens shall have the right > to information." > > Here the word citizen is given in pluralistic meaning. This section may have > an overriding effect on other clauses. That was my interpretation. (may be > foolishly) > > Apart from that digging into CIC website I came across some instances of CIC > hearing cases with multiple appellants. Did they applied jointly? Or are > clubbed later? > > Nevertheless this discussion has academic interest only, may have no > practical utility considering the opinions expressed here. . > > Thanks to Sh. Manoj Pai and Sh. Suresh Nangia. > > Regards, > > Sidharth > > > > > >> Dear Shri Sidharth > >> > >> The Right to Information can be exercised by an individual in his > > capacity as an Indian Citizen, and not collectivelly by a group of > > persons joining together. Although it is not stated specifically so in > > the Act in explicitly clear terms, the common understanding is that a > > group of persons can not join together for filing of an applicatioin for > > seeking information under RTI. This view point / such understanding of > > the provision of RTI Act is reflelcted in Section 6 of the Act. As per > > Sec 6(1) of the Act which describes procedure for seeking information, > > it states that " A PERSON WHO DESIRES TO OBTAIN INFORMATION UNDER THE > > ACT, SHALL MAKE A REQUEST IN WRITING OR THROUGH ELECTRONIC MEANS > > ................." Proceeding further, Sec 6(2) states that "AN > > APPLICANT MAKING A REQUEST FOR INFORMATION ................".. It is > > noteworthy to observe here that the focus in both the sub-sections is "A > > PERSON" and "AN APPLICANT", which obviously would > >> appear to convey that the Right to Information can be exercised by an > > individual as a (Indain) Citizen. There is no known case of a group of > > persons jooining together in filing of an application under RTI. > >> > >> Theoratically speaking, for the sake of argument only, even if a > > group of persons join together in filing an application and PIO accepts > > it, PIO cannot be expected to respond / write back to all persons in the > > group, and his response for providing information or otherwise would > > have to be addressed to one person in the group, which in all > > reasonableness would be the first person named in the group. When all > > persons forming the group would not be expecting and / or getting the > > response, where is the utility of filing an application as a group. So > > RTI application should be filed by an individual. Others in the group > > who may be interested can file separate applications which all would be > > responded. I hope, I have made the position clear. In case you need any > > further clarification and / or you desire to discuss this aspect, you > > are welcome to contact me > >> > >> S K NANGIA > >> 093222 58038, 022 28677258 > >> > >> --- On Tue, 7/7/09, Sidharth sidharthbbsr@ wrote: > >> > >> > >> From: Sidharth sidharthbbsr@ > >> Subject: [rti_india] Is it OK to apply for information jointly.. > >> To: [email protected] > >> Date: Tuesday, 7 July, 2009, 4:29 PM > >> > >> Dear friend, > >> > >> I am facing a peculiar situation. Someone is asking me to know whether > >> he can apply for information jointly (may be with his wife/Sister) . > >> So Need clarification from this group. > >> > >> Is there any provision to seek information jointly or in groups ? > >> > >> If yes how many persons can join together and seek information in a > >> single application ? > >> > >> Reg and thanks in advance. > >> > >> Sidharth Misra > >> Cuttack, Orissa. > >> > > > [Non-text portions of this message have been removed] >
