1) The difference is if there is any explicit provision in some other law
("statute") for affected persons to seek recourse.
2) To give an example. If you are a resident of Delhi and are disturbed by
loudspeakers then you may use a statutory remedy like say section 32 of Delhi
Police Act 1978. You should then formally "inform" the Police Comissioner to
"satisfy" him that he needs to intervene. Such formal legal provisions ensure
complete justice between all parties to the dispute.
3) Unfortunately, many so-called "law abiding" citizens who only use this
pathetic (so-called "citizen friendly" or "aam-aadmi") law called RTI Act, are
too lazy or ignorant to use/learn the other (and much better laws) of India for
their benefit / grievance redressal.
4) Although Section 4(1)(d) also provides (following from SC:"Mankeka Gandh v.
UoI (1978), "S.P.Mukherjee v.UoI" etc) that such administrative /QJ decisions
record the reasons, you may note that recording of reasons in orders does not
come about because of RTI Act, but that even so called "old" laws had such
provisions (see excerpt below).
Sarbajit
<excerpt>
32.Power to prohibit, etc., continuance of music, sound or noise.
-(1) If the Commissioner of Police is satisfied from the report of an officer
in charge of a Police Station, or other information received by him, that it is
necessary to do so in order to prevent annoyance, disturbance, discomfort or
injury, or risk of annoyance, disturbance, discomfort or injury, to the public
or to any person who dwells, or occupies property, in the vicinity, he may, by
written order, issue such directions as he may consider necessary to any person
for preventing, prohibiting, controlling or regulating-
(a) the incidence or continuance in any street, open space or any other
premises of-
(i) any vocal or instrumental music;
(ii) sounds caused by the playing, beating, clashing, blowing or use in any
manner whatsoever of any instrument, appliance or apparatus or contrivance
which is capable of pro- ducing or reproducing sound; or
iii) use of loudspeaker or other apparatus for amplifying any musical or other
sound at such pitch or volume as may cause disturbance to others, or
(b) the carrying on, in any premises, of any trade, avocation or operation
resulting in or attended with noise:
Provided that no directions shall be issued to any person under clause (b)
without giving to such person an opportunity of being heard in the matter.
(2) The Commissioner of Police may, either on his own motion or on the
application of any person aggrieved by an order made under sub-section (1),
either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the Commissioner of
Police shall afford to the applicant an opportunity of appearing before him
either in person or by counsel and showing cause against the order and shall,
if he rejects any such application either wholly or in part, record the reasons
for such rejection"
--- In [email protected], M K Singhal <mk.sing...@...> wrote:
>
> My Dear Sarabjit,
> Thanks for your comment. Could you kindly clarify:
> What is the differance between statutory and non statutory
> complaints/representations. What criteria is used to classify them as
> statutory or non statutory.
> Thanks,
> mksinghal
