WHETHER RTI IS APPLICABLE TO CGHS

[AMBAT MENON]

Hi all

 

Can any one guide me as to whether RTI is applicable to CGHS and whether it is mandatory for CGHS to appoint a PIO as per the RTI  Act in CGHS.

 

I feel since MC Members of CGHS are holding  Honarary posts, they do not come under the purview of RTI.  If somebody could enlighten the group on this aspect.

 

Regards / ADV MENON

[REJIMON C K]

Menon saab, pleas see the advt from RCS Office in this matter.

As per section 134 of DCS Act 2005 Amended the RTI is applicable under DCS Act and appicable to all CGHS.

The RTI Application filed with CGHS (under sectino 134 of DCS Act) is diffrent from RTI filed with RCS (RTI Act 2005). The PIO of CGHS May be any official or staff, the FAA will be AR of concerned Zone.

You may refer the DCS Act and DCS Rule 2007 and the attached Public Notice.

Thanks,

Rejimon

 

--
REJIMON C K. Nav Sansad Vihar, Sector 22, Dwarka, New Delhi-110077
India. P Help save trees and paper - print only if necessary?

[ashok chaitanya]

We in the territory of NCT of Delhi, have two Acts in respect of Right to Information, namely "Right to Information Act, 2005" and "Delhi Right to Information Act, 2001". We all know about RTI Act,2005 but some of us may not be knowing about the existence of Delhi RTI Act, 2001. under the provisions of Delhi RTI Act the appeal lies to the sole appellate authority, i.e. Public Grievance Commission and the fee is Rs. 50 per application.   Since, the Cooperative Group Housing Societies / Cooperative Societies are regulated and governed by and under the special and specific Act, namely Delhi Cooperative Societies Act, 2003 (the Delhi Act 3 of 2004) hence the provisions of the said Act and the Rules made thereunder too are applicable in respect of CGHSs. Section 139 of DCS Act, 2003 provides the Right to Information in respect of a Cooperative Society to the member or creditor having interest in the affairs of the cooperative society of any transaction relating to him. Rule 165 of DCS Rules, 2007 provides the detailed procedure, fee and mode of appeal under the provision of Section 139 of DCS Act.   Therefore, the general public can not seek any information concerning to the cooperative society under Section 139 of DCS Act but can certainly seek the same information under the provisions of either RTI Act, 2005 or Delhi RTI Act, 2001. So far as the advertisement of RCS in this respect is concerned, the same has been done in pursuance of Rule 165 of DCS Rules 2007. Sub Rule 3 of Rule 165 provides as: "The person who desires to obtain any information under the Act shall make request in writing accompanying prescribed fee to the Information Officer, that is to say, secretary or president or treasurer, authorised by the Committee for this purpose. In case of cooperative societies where Government has shares and the Urban Cooperative Banks, the Information Officer may be authorised by the Committee."   Hope this would suffice to the querry.   Regds,   Ashok Chaitanya, Advocate 9811638615 / 9868512176 --- On Thu, 28/8/08, REJIMON C K <reji...@gmail.com> wrote:

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[AMBAT MENON]

Shri Ashokji

 

This literally means the RTI act is not applicable on Cooperative Group Housing Societies where the Government does not have any share.  Accordingly there is no need to appoint PIOs in CGHS.  Woud be highly grateful if you could throw some light on this particular issue.

 

Regards / Menon