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Right to information Act

(Querist) 22 February 2009 This query is : Resolved 
Dear Shri. M. P. Perumal,Mr Palnitkar and Mr. Arora.

My question is still unanswered and I don't agree with you. some of the States having its own RTI Act are as follows
1. The Tamil Nadu Right to Information Act, 1997
2. The Delhi Right to Inforamtion Act, 2001
3. The Rajasthan RTI Act, 2000
4. The Orissa Right to Information Act, 2002
5. The Karnataka RTI ACt, 2000
6. Goa RTI ACt, 1997
7. The Assam RTI Act, 2000 Etc

My question whether information pertaining to a particular state government office can be sought invoking the Central Act or do I have to invoke the respective State Act. Please clarify?.
PALNITKAR V.V. (Expert) 23 February 2009
All those Act stand repealed now. If you want to check please go to Tamilnadu state site. You will find endorsment that the Tamilnadu Act of 1997 has been repealed.
M. PIRAVI PERUMAL (Expert) 23 February 2009
Mr. Ramasamy, You check it out whether those Acts are now in force or repealed. All those State enactments where made prior to enactment of Right to Information Act - 2005 by the Parliament. If you disagree with the learned members then you must substantiate how you differ. You are repeatedly asking the hypothetical questions.
Guest (Expert) 23 February 2009
The Delhi State Act has not been repealed. In Delhi, one has a option to seek the information from the State Govt. Offices through the State Act or through the Central Act.
Jithendra.H.J (Expert) 23 February 2009
you have to invoke the respective state Act
RAKHI BUDHIRAJA ADVOCATE (Expert) 23 February 2009
I do agree with my all friends.
B.B.R.Goud. (Expert) 23 February 2009
Mr RajaRam,

1. The Right to Information Act, 2005 is a central Act.

2. Whenever the central act and corresponding state act conflicts then the central act prevails.

3. Accordingly you can approach through the central act i.e. Right to Information act, 2005 to pursue your issue, though there is a state act.
PALNITKAR V.V. (Expert) 23 February 2009
Mr. Goud is right.
Adv.Shine Thomas (Expert) 23 February 2009
I agree with Mr.Goud
Kamlesh soni (Expert) 23 February 2009
you must have to invoke the respective state Act
J. P. Shah (Expert) 24 February 2009
Notwithstanding existence of any state RTI act, one can get info pertaining to any state matter from PIO of concerned public authority belonging to the State by invoking provisions of Central act i.e. The right to information Act 2005. The applicant has to follow STATE RTI RULES [framed under The RTI act 2005 of central govt] of the concerned state mainly for format,payment of fee/charges etc. I have posted gist of rules of some of states on this portal.
Murali Krishna (Expert) 25 February 2009
Please refer to chapter IV of RTI Act,2005.

15. (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

Therefore, you can seek information from State Information Commissioner, if there is one under Central Act, in your state.

Further, there is no bar seeking information from State Information Commissioner under State RTI act.

Art.254 of Constitution of India stipulates that when there is conflict in the laws made by Centre and State on the same subject, central law prevails. State law to the exclusion of repugnancy also prevails. If state law obtained President's approval, then such law prevails in that state.

In your case, you can ask for information under State law and also under Central Law. There is no bar.
A. A. JOSE (Expert) 26 February 2009
I entirely agree with Mr.Murali Krishna.
adv. rajeev ( rajoo ) (Expert) 25 March 2009
i agree with murali krishna
Ashey (Expert) 01 April 2009
i agree with Mr.Murali Krishna.
ritu bhadana (Expert) 02 April 2009
i agree with mr. shah
Pradeep (Expert) 19 November 2009
Hi, can anyone please update me as to whether a provision of law can be asked under RTI ?

EG: I want to know whether a non -practicing and non enrolled lawyer can give legal aid/awareness. I approach the Legal services authority and ask for their opinion on this.

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