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general power of attorney should be disclosed under rti


 

General power of attorney should be disclosed under RTI

 

  
CENTRAL INFORMATION COMMISSION
(Room No.315, B­Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/DS/A/2013/001968­SA
 (Sh.Manish Bansal  Vs. Delhi Archives, GNCTD)

Shri Manish Bansal
 Versus
Delhi Archives      
GNCTD, Delhi

Date of decision : 01-­09-­2014
  Information Commissioner :
Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)

Summary:  GPA is a public document because the  grantee has to use it to convince any 
prospective purchaser and it is also in the interest of that prospective purchaser to verify the 
veracity of the documents including GPA before finalizing the deal. Because the purpose of 
GPA is to authorize another person to deal with the others i.e., to lease out, sale or mortgage 
etc, it is an open document and after being registered it is put in public domain, and when 
transferred to Delhi Archives, it continued to be in public domain.
The RTI Act made it obligatory to disclose any document which is held by public authority unless 
exemptions as mentioned in Section 8 are attracted. Assuming that Section 57 Registration Act 
1908 authorizes them to deny the access to GPA, which the officers from Sub­Registrar office are 
regularly raising as defence, the Commission would like to reiterate that as per section 22 of Right 
to Information Act 2005, the 156 year old law has to yield to 2005 law which Parliament wanted to 
override the other laws. The Commission recommends the Respondent Public Authority to inform 
all the PIOs and officers registering the transactions on landed property to abide by the RTI Act 
and   not   to   quote   obsolete   British   relic   Registration   Act,   1908.   As   the   age­old   maxim   says 
ignorance of law is no excuse, the respondent authority cannot plead ignorance of this law any 
more as nine years passed after RTI Act came into existence. Any effort to quote British law to 
deny   the   copy   of   GPA   or   any   other   document   which   has   to   be   given   under   RTI   Act   will   be 
considered as clever ploy to deny the information and the Commission warns the public authority 
that this also will amount to violation of RTI Act attracting the penalties under Section 20 RTI Act. 
The office of PIO should desist from using the archaic law and First Appellate Authority cannot 
reject first appeals on this ground. 

http://www.lawweb.in/2014/11/general-power-of-attorney-should-be.html

 
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