Direction to private person by Information Officer under RTI

Lawyer

Supposing an application is made to a Public Information Officer of a Road Transport Authority under RTI to provide information about the business transactions of an automobile dealer, whether the PIO in order to comply with the query direct the automobile dealer to furnish the particulars to him so as to enable the PIO to provide the information as sought for in the application.

 
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marketing

as per the rti act,you may not get this as business details of an automobile dealer does not comes under the act.

still you may file an rti and see the result

 
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Advocate

As per the Information Act,  information could be sought ffor rom the designated Public Aythority. if at all the information is supposed to be available with him. Here, in the given case, the Automoblie dealer is a private entity and not fall under the Public authority .

 
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lawyer

If the automobile dealer is within the control  of the Road Transport Authority , that authority is bound to give the information sought by you by collecting details from the dealer.

But, it is not clear that, what is the connection between the automobile dealer and the tranport authority. First of all , establish the relation between the dealer and the authority , and if there is power  to the authority over the dealer , you will get the information sought.

my suggestion is that, you can approach the sales tax authorities under RTI act to get information about an automobile dealer.


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advisor

I am satisfied by the answer of Shri Vijayan.Only the public authorities will comes under the perview of R.T.I act-2005.But also remember that if any  agency or authority funded or regulated by any such public authority then that agency or authority will definitely comes under the perview of public authority..

 
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marketing

as replied by shhri.Vijayan,if an official relation between the dealer and the rto or sales tax,you may get the information through the rti route.

if you could provide the details of information needed,members could help you further in your endeavour.

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  RTI  P.I.O., is empowered to obtain information from  non-public authorities (eg. pvt. insurance companies, automobile dealers, insurance agents & brokers etc...),    "I F"  the activities of the  non-public authority is regulated or funded by statutory bodies.

 

2.  HOWEVER,   RTI Info obtained from non-public authorities by RTI P.I.O.   is termed as "unauthenticated" and won't be admissible under the Evidence Act, in litigation matters.

 

3.  RTI  P.I.O.  cannot be held responsible (under RTI Act)   for info procured from private parties,  if the info turns out to be false or misleading or etc...
 
 

4.  Further, the RTI  P.I.O. has jurisdiction to refuse to obtain info from  private parties (non-public authorities), if the   P.I.O. opnions that info "does not warrant greater public interest".

 

5.  In the matter instant,  the  Automobile dealer, can be made to part with info, thru the Sales Tax office,  Regional Transport office,  their registered association offices, excise dept, service tax dept, profession tax, civic S&E depts., octroi dept, police dept., and others,  if the RTI application is drafted properly and shows justification that  required info is in the larger interest of the public.

 

Keep Smiling .... Hemant Agarwal
 

 
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Agree with Mr Hemant Agrawal.

Further, the informations of which  the RTA  is under obligation to keep the records, can be sought from it and no others.

 
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Manager HR(Legal)

If there is  business relation exist between the auto delear and the RTA and the information is avilable with the RTA,then the PIO may take adecision to disclose the same under the provision of third party information  following the procedure thereof. u/s 11 of RTI Act.

 
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Retired

Remember third party information and general public purpose.

 
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