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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 December 2009

RTI jurisdiction, NOW over Private Corporate bodies : CIC

RTI  jurisdiction, NOW over Private Corporate bodies : CIC

 

Dear All,
 

This was reported in  "Times of India,  dated 19 December'2009, Mumbai edition, page 13".
(read article, as reproduced below)

 

THE CIC judgement NOW allows  "PRIVATE CORPORATE INFORMATION"  to be obtained via the RTI  route,   IF    successfully argued that the INFORMATION PERTAINS TO LARGER INTEREST ot BENEFIT  OF THE PUBLIC.

 

EFFECTIVELY,  In other words,  all Private   "CORPORATES"  registered under the Companies Act and other Statutory Acts (like  S&E, S.T., Service Tax,  are covered under the RTI Act.

 

CORPORATES  as  :
a)  Corporate Hospitals  (Apollo, Wockhardht,  Nanavati Hospital,   etc ....)
b)  Corporate Business  (Reliance Industries,  Cipla,  Infosys,  etc...)
c)  Coporate Law Firms,  Malls,  Corporate Schools and Colleges
d)  Public Trusts and Private Trusts,  Private Finance Companies
e)  Brokerage houses, Private Banks, Realty Firms  (like DHL,, Lok housing, Rahejas, etc...)
f)   "ANY & ALL"  Other corporates registered under Any Statutory Laws.

 

CHIEF CRITERIA FOR  obtaining Information under RTI   from pvt. Corporates should equal to :
"INFORMATION PERTAINS TO LARGER INTEREST OF THE PUBLIC BENEFIT"

 

NOW it also means that all Corporates will have to appoint an    in-house  "Public Information Officer (P.I.O.)"  and   also an in-house   "Appellate Authority", against whom a final appeal may be filed with the  S.I.C.  or the C.I.C., as the case jurisdiction may be.

 

NOW it also means that Corporates will have to display most in-house information,   WHICH COULD BE IN PUBLIC INTEREST,  on their  websites and keep it ready in their office records for Public Inspection etc...

 

Keep Smiling .... Hemant Agarwal

 


Info with corporates not private: CIC
("Times of India,  dated 19 December'2009, Mumbai edition, page 13)

 


Allows Disclosure Of I-T Records Of Escorts Hospital

 

New Delhi: In a decision that is likely to send alarm bells ringing for corporates, the Central Information Commission (CIC) recently ruled that information held by corporates or institutes could not be termed “private” and should be made public. 

 


   In this particular case, the commission has allowed disclosure of income tax assessment records of Escorts Heart Institute and Research Centre and its promoters Dr Naresh Trehan and Rajan Nanda. This is a major departure from the CIC’s previous orders where income-tax related information has been ruled as personal information of third party and so far not been disclosed. Interpreting corporates as a “legal person” rather than a natural person, information commissioner Shailesh Gandhi said personal was attributed to an individual rather than an institute or corporate
 

 

   A part of the order also recognised that whistle-blowers were working in public interest and should be given access to information. Applicant Rakesh Gupta had asked for information regarding the income tax records of Escorts group which he alleged had evaded tax. Ruling that the applicant was using the Right to Information (RTI) to expose tax evasion, Gandhi said, “If an informer is using RTI to get information... by showing that tax has been evaded, it cannot be denied that a larger public interest is being served of getting the public’s due taxes and curbing corruption.” 
 

 

   According to the order, the I-T department had assessed tax evasion of an estimated Rs 500 crore by Escorts Limited and Escorts Heart Institute and Research Centre, Chandigarh and Delhi. While Rajan Nanda was assessed with tax evasion of Rs 8 crore, Dr Trehan was assessed with evasion to the tune of Rs 10 crore. While some cases have been remanded to be reassessed, there are others that are pending before the Delhi high court or have been settled by the Income Tax Appellant Tribunal (ITAT). 
 

 

   Recognising that Gupta played the role of a whistleblower and added “hundreds of crores” as additional income for the IT department, Gandhi overruled objections laid down by appellate authority to rule that giving the informant access to the records was serving “a larger public interest”. Gandhi added, “The applicant fears a lot of alleged tax evasion will go unpunished leading to a loss of revenue and perhaps his reward money. If citizens monitor this through RTI, it could be a major gain for public revenue and perhaps a good check on corrupt officials.”

 

By allowing the disclosure of I-T assessment records of Escorts Hospital and its promoter Dr Naresh Trehan, the CIC has shown a major departure from its previous orders where I-T related information has been ruled as personal information of third party and so far not been disclosed. A part of the order also recognised that whistle-blowers were working in public interest and should be given access to information.



 24 Replies

Anil Agrawal (Retired)     22 December 2009

 Mr. Soni

If it is central office, please write to Mr. Prithviraj Chavan, Minister of State in PMO's office, South Block, New Delhi-110011 and narrate the incident. Send a copy to Department of Personnel and Training, North Block, New Delhi-110001. Contact rti.org.

 

Anil Agrawal (Retired)     22 December 2009

 Also, contact Mr. Arvind Kejriwal at parivartan@parivartan.com.

DR.SANAT KUMAR DASH (Eye Specialist)     30 December 2009

 Mr.  Soni ji,  There  are a  good  numbers  of   RTI  acivists   in  DELHI.  YOU  MAY  CONTACT  THEM   TO  HELP  YOU. So  that  u'r  problems  can   be  solved.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 July 2010

Refreshing for benefit and comments & Opinion of other readers.

 

Keep Smiling .... Hemant Agarwal


(Guest)

Dear M. Soni, please update us about present position of your case.

harsh asthana (advocate)     12 August 2010

Dear Hemant,

 

Good job highly informative

SURAJ KANTHAMANGALA (HUMAN RESOURCES)     13 August 2010

good information & discussion, thnks

Kumar Doab (FIN)     15 August 2010

Dear Hemant,

The information is highly relevant and useful.

Kindly keep on posting such relevant info.

Regards

Kumar

kumardoab@gmail.com

anantha madhav (ARM)     28 October 2010

Hello All,

really great efforts by the author,  but many of the public think RTI is only for govt servants.

anantha madhav

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 December 2010

RTI PIO fined by CIC for Delay


A classic "Decision" of the "CENTRAL INFORMATION COMMISSION",  imposing fine for "deliberate delay in providing information"  on an officer of Municipal Corporation of Delhi (MCD), for derelection of duty by a PIO.


This decision  SHOULD be quoted on all 2nd appeal to the CIC and the SIC,  when the PIO fails to provide information (whether incomplete or false or part or whatever) to the RTI applicant.


The complete CIC judgement is reproduced below, for convience, at the following link :


https://www.lawyersclubindia.com/forum/RTI-PIO-fined-by-CIC-for-Delay-28622.asp


Keep Smiling .... Hemant Agarwal

madan mohan nagar (orthopaedic surgeon)     26 March 2011

please quote citation of the case so that it can be used prorerly and with authonticity...thanks

madan mohan nagar (orthopaedic surgeon)     27 March 2011

 


SIR,

-------------------------------------------

 

Medical council of india accepted promotions to the doctors in many private medical colleges agianst the law (m.c.i. act) the law clearly says (available at site of M.C.I.) that for promotions to next stage experience of RECOGNISED MEDICAL COLLEGE is desired but probably due to corrupt nexus between managements of such private colleges and m.c.i. the m.c.i.has accepted promotions to faclty from NON_RECOGNISED and PERMITTED/APPROVED colleges only.and given permission to such colleges for admissions to fresh batches of m.b.b.s. students....such violation of law will result productions of sub-standard future doctors who are taught by these incompetant doctors ,given promotions and permission without following the existing provisions of the law  ...when asked by R.T.I. the M.C.I. is mum and not responding...SUCH HALF BAKED DOCTORS WILL BE DANGEROUS TO THE SOCIETY IN FUTURE WHEN THEY WILL TREAT IN FUTURE...IS ANY ISTITUTION  PERSON ETC. IS INTERESTED TO FILE p.i.l. IN THIS MATTER RELATED TO LIFE AND HEALTH OF PUBLIC AT LARGE//// ESP. TO ACT AGAINST M.C.I. THE DOCTORS GIVEN PROMOTIONS ILLEGALLY DOCTORS WHO PASSED M.B.B.S. BY THIS WRONG ACTIONS AND MANAGEMENTS OF SUCH COLLEGES.?????

---------------------------------------------


1 Like

BAKUL JOSHI (partner)     17 October 2011

Dear sir

i want to know that corporte hospital should reddy to give information about patients

i have right to bring information from corporate hospitals about heart related patients

BAKUL JOSHI (partner)     17 October 2011

Originally posted by :BAKUL JOSHI
"
Dear sir

i want to know that corporte hospital should reddy to give information about patients

i have right to bring information from corporate hospitals about heart related patients?
"

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