I take your point md 2010/1/8 sarbajitr <[email protected]>
> > > The CIC can direct information to be given free of cost if the info was > supplied late. > > In all other cases WHERE THERE IS EVIDENT HARM CAUSED TO THE APPLICANT the > CIC can use its powers of "compensation" to ensure that all (or some) of the > info is given free. > > The CIC cannot order a PIO /PA to accept an application which is deficient > in terms of mandatories, EXCEPT where the information exclusively concerns > section 4 disclosure. > > If you have specific examples which violate my analysis please cite them. > > Sarbajit > > > --- In [email protected] <rti_india%40yahoogroups.com>, C K Jam > <rtiwan...@...> wrote: > > > > Dear Mr Sarbajit , Mr Nangia and others, > > > > Thanks for enlightening me on "plenary powers". > > > > But does "plenary power" allow the IC to order information to be given > free, or a limited number of pages to be given free and the rest to be > charged (something like only upto 50 pages to be supplied free), or the RTI > application to be considered even though the fee was not paid or was paid by > a mode which is not prescribed in the rules ? > > > > Once the appropriate government or the competent authority has passed > rules under Sec 27 and 28, can such 'plenary powers" be exercised ? > > > > To me it looks more like "discretionary power" rather than "plenary > power". > > > > RTIwanted > > > > > > > > > > ________________________________ > > From: sarbajitr <sroy1...@...> > > > To: [email protected] <rti_india%40yahoogroups.com> > > Sent: Thu, January 7, 2010 11:20:03 PM > > Subject: [rti_india] Re: Plenary Powers > > > > > > The core of the "plenary power" definition (as per Wikipedia -cited > without comment) is "a power that has been granted to a body in absolute > terms, with no review of, or limitations upon, the exercise of the power. > The assignment of a plenary power to one body divests all other bodies from > the right to exercise that power." > > > > It is undeniable that such powers have been bestowed exclusively upon the > Information Commissions. To take a specific example. > > > > 1) After the coming into force of the RTI Act no other "body" is > empowered to enquire into and decide "complaints" under the specified > grounds of section 18(1). Neither are there any limitations placed upon the > exercise of the Commission's powers when it comes to deciding complaints, in > fact the powers of a Curt for evidence are bestowed upon CIC by 18(3). 19(7) > further states that the CIC's decision shal be binding. 19(8) explicitly > conforms that the CIC may in its decision take any steps to ensure > compliance with the RTI Act. 19(8) also gives the CIC powers to award > compensation for damages suffered by a complainant whose complaint has been > found to fall under the specified ground(s). Furthermore section 23 excludes > the jurisdiction of the courts in all matters to which the CIC has been > granted powers. > > > > It is thus very clear that the CIC does indeed plenary powers. It is very > surprising to me that the persons from NCPRI who are champions of RTI and > RTI advocacy etc hold a different view, and I would welcome some inputs into > where my analysis is faulty. > > > > 2) I think it is also pertinent to mention that I was the one who first > illuminated the CIC about its (plenary) powers. Our members may recall this > order of CIC in my case (which I had to substantially draft myself because > the CIC are a bunch of retards) > > http://cic.gov.in/CIC-Orders/Decision_30112006_12.pdf at page 19 para 24 > a SC judgement I located is included > > > > "24) In the same case, the Hon'ble Apex Court has also cited with > approval the following observations in Union of India Vs. Paras Laminates > (P) Ltd. case:- > > > > "There is no doubt that the Tribunal functions as a Court within the > > limits of jurisdiction. It has all the powers conferred expressly by the > statute. Furthermore, being a judicial body, it has all those incidental and > ancillary powers that are necessary to make fully effective the express > grant of statutory powers. Certain powers are recognized as incidental and > ancillary, not because they are inherent in the Tribunal, nor because its > jurisdiction is plenary, but because it is the legislative intent that the > power, which is expressly granted in the assigned field of jurisdiction, is > efficaciously and meaningfully exercised. The powers of the Tribunal are no > doubt limited. Its area of jurisdiction is clearly defined, but within the > bounds of its jurisdiction. It has all the powers expressly and impliedly > granted."" > > > > Sarbajit > > > > --- In rti_in...@yahoogrou ps.com, Maja Daruwala <maja.daruwala@ ...> > wrote: > > > > > > Dear Shri Jam: > > > > > > Mr Nangia has explained it right.There is no such plenary power > mentioned in > > > the RTI and its best that authorities dont use it to carve out powers > they > > > dont have. take a look at wikipedia - plenary powers for more > explanation. > > > MD > > > > > > 2010/1/7 suresh nangia <sknangia2004@ ...> > > > > > > > > > > > > > > > > > > > Dear Shri Jam > > > > > > > > The query posed by you appeared interesting to me and I am prompted > > > > to respond on this. The word "plenary powers" does not find place > anywhere > > > > in the RTI Act. Chapter V of the Act detailing Sections 18 to 20, is > the > > > > only part of the Act which comments on the Powers and Functions of > > > > Information Commissioners and nowhere we find this word plenary used > in any > > > > of the Sections. The dictionary meaning of "plenary" is absolute, > > > > unqualified ,to be attended by all members. IC named by you, in my > opinion, > > > > uses the word "plenary powers" presumably to convey that he is > ordering for > > > > the information to be provided free of charge / without payment of > any fee, > > > > by exercising the absolute authority vested under the Act. To me, it > does > > > > not appear to convey anything beyond that. > > > > > > > > --- On *Wed, 6/1/10, C K Jam <rtiwanted@ ..>* wrote: > > > > > > > > > > > > From: C K Jam <rtiwanted@ ..> > > > > Subject: [rti_india] Plenary Powers > > > > To: rti_in...@yahoogrou ps.com > > > > Date: Wednesday, 6 January, 2010, 9:38 PM > > > > > > > > > > > > > > > > > > > > Can someone on the group please explain what are "plenary powers". > > > > > > > > IC MLS is frequently citing something called "plenary powers" to > order > > > > information > > > > without payment of additional fees, to return application fee etc. by > using > > > > "plenary powers". > > > > > > > > Is there any provision in the RTI Act for such "plenary powers' > vested in > > > > the IC's ? > > > > In which section ? > > > > > > > > RTIwanted > > > > > > > > > > > > ------------ --------- --------- > > > > The INTERNET now has a personality. YOURS! See your Yahoo! Homepage< > http://in.rd. yahoo.com/ tagline_yyi_ 1/*http:/ /in.yahoo. com/> > > > > . > > > > > > > > > > > > > > > > > > > > > > > > -- > > > Maja Daruwala > > > Director > > > Commonwealth Human Rights Initiative > > > B-117, First Floor, Sarvodaya Enclave > > > New Delhi, INDIA, 110017 > > > Tel No 91 11 26864678:26850523 (O) > > > Tel No 91 11 26868961 (H) > > > Fax No 91 11 26864688 (O) > > > email: director@ > > > email: maja.daruwala@ ... > > > > > > > > -- Maja Daruwala Director Commonwealth Human Rights Initiative B-117, First Floor, Sarvodaya Enclave New Delhi, INDIA, 110017 Tel No 91 11 26864678:26850523 (O) Tel No 91 11 26868961 (H) Fax No 91 11 26864688 (O) email: [email protected] email: [email protected] website: www.humanrightsinitiative.org
