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Kani   03 March 2022

Can poa file rti ?

Can a power of attorney ask for information / documents with respect to bank account of the donor. In thsi case POA operates the said bank account with the donor



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 3 Replies

Palak batra   04 March 2022

Dear Querist,

 

The RTI Act is silent on POA and authorizations as well . Power to act on basis of POA flows from Power of Attorney Act ,1882 and not from RTI Act .

 

 Section 2 of Power of Attorney Act is reproduced below .

 

2. Execution under power-of-attorney.

 

The donee of a power-of-attorney may, if he thinks fit, execute or do any 1[XXX] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every 1[XXX] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.

 

Regards,

Palak

Shweta   05 March 2022

Hey Palak,

Could you please elaborate? 

Thanks!

Palak batra   05 March 2022

Dear Querist,  

The RTI Act is silent on POA and authorizations as well . Power to act on basis of POA flows from Power of Attorney Act ,1882 and not from RTI Act. Although, POA can get the information if it is specifically stated in the power of attorney. Otherwise he won't be able to access it. 
 

Section 2 of Power of Attorney Act is reproduced below .  

2. Execution under power-of-attorney.   The donee of a power-of-attorney may, if he thinks fit, execute or do any 1[XXX] instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by authority of the donor of the power; and every 1[XXX] instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof.   


Regards, 

Palak


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