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CIC: Spouse not third party if marriage subsists.

Good News!

The people who are fighting with RTI officials in getting the wife’s ITR details, PF details or any other financial details will be rejoice to hear that their RTI’s wont be rejected on the basis of “Third Party Information”.

Because Central Information Commission has ruled that if the marriage between the spouse is subsisting then the information of the spouse wont be THIRD PARTY.

pls read the full judgment below………

 

Central Information Commission

 Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

File No:CIC/RM/A/2012/000038/LS

Appellant : Ms Juhi Jadli

Public Authority : Income-tax Department, Noida

Date of hearing : 03.06.2013

Date of Decision : 03.06.2013

FACTS :

Heard today dated 03.06.2013. Appellant not present. The public authority is represented by Shri S.S. Chahal, ITO Ward 1(4), Nodia.

2. By RTI application dated 07.09.2011, the appellant had sought the following information about her husband Shri Shobhit Garg :

(i) Source of income declared by him;

(ii) Details of deductions, such as housing loans, LIC etc., claimed by him;

(iii) Certified copies of the ITRs filed by him for the years 2006-07 to 2010-11.

3. Vide letter dated 09.10.2011, the CPIO had refused to disclose this information on the basis of objection filed by Shri Shobhit Garg. The same view was taken by FAA in order dated 30.01.2012.

4. It appears to me that there is estrangement between the husband and the wife. The wives generally try to collect this information for canvassing their cases in the Family Courts for grant of maintenance. A wife can not be treated as third party in the strict sense of the term, so long as the marriage subsists. However, after divorce, the legal position changes. I am told that marriage still subsists between the appellant and Shri Shobhit Garg. Hence, it will not be correct to deny information on the ground that the appellant is a third party. In the given facts, I order that gross income and net taxable income declared by Shri Shobhit Garg in the last ITR filed by him, may be disclosed to the appellant. No other information is required to be disclosed.

5. This order may be complied with in 04 weeks.

( M.L. Sharma )

Information Commissioner

Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.

(K.L.Das)

Dy Registrar Address of the Parties :-

(l)The ITO & CPIO, (2)Ms Juhi Jadli, D/oShri Anil Kumar Sharma

Income tax Department, Aaykar Bhavan, 44, Sevak Ashram Road, Dehradoon

G Block, Sector 20, Uttrakhand

Noida, Up

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How to get information of private entity under RTI?

September 27, 2011 Leave a comment

This information is obtained from following source:

http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html

You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc under section 2 [ f ] of RTI Act. Please follow this procedure:

    • Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar ofCooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.
    • Locate PIO of this government dept/regulator, by visiting concerned website or referring to my blog / file titled “HOW TO LOCATE A PIO UNDER RTI ACT?”
    • File application by referring to RTI Rules for format and fees applicable to central govt. [for central govt. dept/regulator like RBI, IRDA, TRAI, SEBI, ROC etc] or concerned state govt. [if department pertains to a state govt].
    • Add following as query:
      • Particulars of information required:
      • Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference.
      • (f)”information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
    • Attach list of information required by you as annexure to application.
    • You need not contact the private entity whose information is being sought. Now you are concerned with the govt. dept/regulator only and its PIO has to provide you the information sought by you.
    • Govt. departments or regulators can summon information under different laws from private bodies and the same has to be supplied to you.
  • Information barred by sections 8 & 9 of RTI Act cannot be accessed under section 2 [f] also.
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