Saturday, February 18, 2012

Re: [rti4empowerment] RTI Act - Government Circular

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
>


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