Re: [rti4empowerment] RTI Act - Government Circular

As I have not read what the Circular your CS has issued I cant comment.

The CS is a creation ("creature") of the applicable CS Act. It must
function within the 4 corners of that Act. At the same time it is
subject to other laws of India AS APPLICABLE.

The onus is on YOU to show that RTI Act applies to YOUR CS. The Secy
of your CS is evidently of the view that the RTI Act does not apply to
them,

If YOU can show that section 2(h) of RTI Act covers YOUR CS, then the
remedy in law is to file a Complaint u/s 18 of the RTI Act to the CIC
/ SIC asking your CS to appoint a PIO to receive your RTI request. You
must clearly state WHY the CS falls within 2(h) and put forward your
evidence. Usually these cases get very complicated, see for eg. the
CIC's Full Bench on Jawahar Bhawan Trust, Rajiv Gandhi Foundation
etc..

Sarbajit

On 2/19/12, shailmala kumari <shailmala1@yahoo.co.in> wrote:
> Sarbajit Sir,
>
> Thanks for the information.
>
> However, I think the purpose of Circulars issued by any governing body
> should be for the smooth day to day functioning. But in my case the Circular
> issued by the Cooperative society is hindering with the activity of the RTI
> Act and is trying to supersede it. Also, the RTI Act is a superior governing
> act under whose ambit falls all other governing bodies.
>
> Therefore, the circular issued by the Cooperative Society was merely for its
> financial gains and to protect itself from the penalty for not providing the
> information.
>
> Kindly let me know if my view is correct.
>
> Thanks & Regards,
> Shailmala
>
>
> ________________________________
> From: Sarbajit Roy <sroy.mb@gmail.com>
> To: rti4empowerment@googlegroups.com
> Sent: Friday, 17 February 2012 4:58 PM
> Subject: Re: [rti4empowerment] RTI Act - Government Circular
>
> Hi
>
> Under 2(h) the Secretary of your CS is essentially saying that he is
> not covered under RTI, ie. your CS is not covered under definition of
> "public authority".
>
> You wanted to know if you can question "any" CS. The answer is you can
> question "some" CSes.
> ie. only those which ARE included within 2(h)'s 4 cases. (usually 2(h)(d)).
> There are conflicting High Court decisions on this.
>
> The Secretary of a CS has the right power to issue circulars TO ITS
> MEMBERS. These are usually issued under the Societies Act / Rues and
> can always be overturned by the General Body at a GBM if you have the
> numbers..
>
> Sarbajit
>
> On 2/17/12, shailmala kumari <shailmala1@yahoo.co.in> wrote:
>> Dear Members,
>>
>> I have one question from the members regarding the Government Circular.
>>
>> What is a Government Circular? Who has the authority to issue Circulars OR
>> what is the position (designation) of the particular official issuing the
>> Circular?
>>
>> If I ask question through RTI Act to any Cooperative Society, does the
>> Secretary of the Cooperative Society has right to issue a circular and
>> deny
>> any
>> information under Section 2H of the RTI Act?
>>
>> Any information regarding this would be highly appreciated.
>>
>> Thanks,
>> Shailmala
>>