The Central Information Commission ruled that provisions of RTI Act also apply on private schools that are governed by law like Delhi Education Act or Right to Education Act
In a significant decision, the Central Information Commission (CIC) has held that provisions of the Right to Information (RTI) Act also apply on private schools, which are governed by a law such as the Delhi Education Act.
The case relates to a former employee of Jindal Public School, who filed an RTI application with the Directorate of Education, seeking a certified copy of service book and other details from her past employer.
The Directorate provided the information available with them but the school refused to furnish a reply saying that the RTI Act does not apply to it.
Directing the school to disclose information sought by its ex-employee, Information Commissioner Sridhar Acharyulu said the school is duty bound under sections 4 and 8 of Delhi Education Act, 1973 to abide by the regulatory conditions of service, payment of salaries as prescribed, for which school has to maintain records which provide an "inherent and implied" right to information to their employees.
"Under Right to Education Act 2009 also, the recognised school is under an obligation to appoint eligible teachers and provide them with prescribed wages. This also reveals that it has given inherent Right to Information to the teachers from their employers," he said.
The Commissioner said if the appellant in her capacity as ex-employee of the school has right to information under any legislation such as Delhi Education Act, that will fall under the purview of Section 2(f) of the RTI Act which gives PIO, Appellate Authority and the Information Commissioner power to enforce her right to information.
"Hence, the school is directed to discharge their obligation under law by furnishing the information sought by the appellant to the respondent authority (Directorate of Education), who in turn is directed to provide the same to the appellant," he said.
Click here to see the CIC order...
Appellant : Sadhana Dixit
Respondent : Directorate of Education, GNCTD, Delhi
Date of hearing : 19/05/2014
Date of decision : 29/05/2014
Information Commissioner : Prof M Sridhar Acharyulu (Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the RTI Act
Nifty to move in a tight range
On Tuesday we had mentioned that the S&P BSE Sensex and NSE Nifty may pause for breath. Markets on Wednesday witnessed a volatile session and was indecisive for major part of the day. And they ultimately closed in the red.
Sensex opened at 24,909 while the Nifty opened at 7,418. Sensex moved in the range of 24,774 and 24,926 and closed at 24,806 (down 53 points or 0.21%) while the Nifty moved in the between 7,391 and 7,433 and closed at 7,402 (down 14 points or 0.18%). The NSE recorded a higher volume of 147.77 crore shares. India VIX fell 1.46% to close at 15.5650.
Markit Economics said on 4 June 2014, its seasonally adjusted HSBC India Composite Output index edged up to 50.7 in May from 49.5 in April to 50.7 in May, indicating growth of India's private sector output for the first time in three months. The headline HSBC Services Business Activity Index posted 50.2 in May, rising from April's reading of 48.5 and pointing to the first expansion of output in 11 months.
Fertiliser stocks will be in focus as news is making rounds that the fertiliser ministry has prepared a roadmap for rationalisation of subsidy for the sector. This roadmap will be discussed in the proposed meeting with Prime Minister Narendra Modi.
It is also being reported that Narendra Modi government could allow foreign direct investment in the e-commerce sector as early as next month, paving the way for global online retailers such as Amazon to expand their business.
The government may not implement the delayed increase in price of natural gas with retrospective effect as it would be difficult to back charge higher bills from power and CNG consumers, an official said.
SEBI on Wednesday said that state-owned firms should adhere to the mandatory 25% public shareholding norms that are applicable to private companies.
The Finance Ministry is considering a proposal to set up a National Asset Management Company that may act as a nodal agency for taking over bad loans of banks and help revive sick units.
Hero MotoCorp (3.57%), was the top gainer in the Sensex 30 pack. Hero MotoCorp sold 602,481 units of twowheelers in May 2014 - its highest-ever despatch sales for any non-festival period. The previous highest was in the preceding month, i.e., April 2014 when the company sold 571,054 units - thus highlighting HMCL's sustained volume growth since the beginning of FY'15. The sales registered in May 2014 represents a growth of 8% over the corresponding month in the previous year, when the company had sold 557,890 units.
TCS (1.92%), was the top loser among the Sensex 30 stock, was in news with reports that its chief executive received a 60% hike in salary, thereby making N Chandrasekaran the highest-paid CEO among the country's information technology companies.
Chandrasekaran earned Rs 18.7 crore for the year 2013-14, as against Rs 11.7 crore in the year-ago period, according to TCS' annual report.
IDBI Bank (15.71%), top gainer in ‘A’ group on the BSE, projects Rs 3,500 crore of capital requirement in FY15. The bank sees that it can get Rs 5,000 crore if the government divests shareholding to 58%. According to the bank the worst in terms of the asset quality is over and foresees improvement in the gross non-performing assets from June quarter onwards.
Wockhardt (3.78%) was again among the major losers today in the ‘A’ group on the BSE. The USFDA had found fault with quality control, training and staff hygiene at Wockhardt's plant in Chicago.
US indices closed marginally in the negative on Tuesday.
Except for Nikkei 225 (0.22%) all the other Asian indices trading today closed in the red. Shanghai Composite (0.66%) was the top loser.
European indices were trading in the negative. US Futures were trading marginally lower.
The Advertising Standards Council of India (ASCI) has reacted to the widespread outrage over the advertising message of fairness products, and proposed a tough new set of guidelines for advertisers
It wasn’t just Nandita Das or the “Dark is Beautiful” group that was outraged. Most people found it unsettling that fairness products are sold by showing darker skin as inferior.
If you wanted a good catch in the marriage market, a great job or to feel more confident, you needed to rub a cream into your skin to become fairer, they said. While this premise clearly sells – based on the proliferation of new products in the market – it also led to complaints. Most often, the Advertising Standards Council of India (ASCI)'s complaints committee found merit in the complaint and upheld it. The advertisements were withdrawn and a few months later, there was another, which sent out the same message.
It is another matter that India has not become a fairer nation despite millions of tubes being sold to the gullible. But the rising irritation at the tone and message of the advertising did turn on the heat.
A few months ago, ASCI set up a committee to frame new guidelines, which have been put up on its Facebook page (https://www.facebook.com/ascisocial?fref=ts ) for discussion.
The self regulatory body says, “...There is a strong concern in certain sections of society that advertising of fairness products tends to communicate and perpetuate the notion that dark skin is inferior and undesirable. Yet given how widespread the advertising for fairness and skin lightening products is and the concerns of different stakeholders in society, ASCI therefore felt a need to frame specific guidelines for this product category”.
Here are the new guidelines for advertising fairness products will say -
1. Advertising should not communicate any discrimination as a result of skin colour. These ads should not reinforce negative social stereotyping on the basis of skin colour. Specifically, advertising should not directly or implicitly show people with darker skin as unattractive, unhappy, depressed or concerned. These ads should not portray people with darker skin as at a disadvantage of any kind, or inferior, or unsuccessful in any aspect of life particularly in relation to being attractive to the opposite sex, matrimony, job placement, promotions and other prospects.
2. Advertising should not use post production visual effects on the model/s to show exaggerated product efficacy. The pre- and –post product usage visuals of model/s using special effects should not be dramatized or exaggerated so that efficacy depicted is not drastically different than what can be delivered by the product. Further, the expression of the model/s pre and post usage of the product both in the real and graphical representation should be the same.
3. Advertising should not associate darker or lighter colour skin with any particular socio-economic strata, caste, community, religion, profession or ethnicity.
4. Advertising should not perpetuate gender based discrimination because of skin colour.
On the face of it, the guidelines seem tough enough. If issued as drafted, they will make it tougher for fairness product companies to sell their stuff. However, one can only wait and see if ingenious advertising whiz kids work around the draft.
One of the earliest and most systematic protests against fairness product campaigns, now extended to men was started by Chennai-based Kavitha Emmanuel, founder-director of Women of Worth, in 2009. She launched the 'Dark is Beautiful” campaign that gained momentum last year when well-known actor Nandita Das lent her voice to it.
The outspoken actor had always lambasted India's obsession with fair skin. "I started getting tonnes of emails from young women pouring their heart out about how they were discriminated against. Some wanted to commit suicide because they couldn't be fair," she told a news agency at that time.
ASCI says its Consumer Complaints Council (CCC) continues to receive the highest number of complaints from the health and personal care category every month.
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