RTI Judgement Series
RTI Judgement Series: PIO of MCD asked to publish info on demarcated zones

The CIC directed MCD to put-up information on their website that would show clear demarcation of different zones in the city. This is the 181st in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing a complaint, directed the Public Information Officer (PIO) of Municipal Corporation of Delhi (MCD), to publish suo-moto the information on its website regarding demarcation of different zones and the person/s responsible for a particular zone, as required under the Right to Information (RTI) Act.

 

While giving the judgement on 23 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, "This is a very serious matter and the PIO is directed to ensure that clear directions are obtained which identify the responsibility of the zones. This information must be available with the MCD zones and also put-up on the website so that citizens know whom to approach."

 

Noida resident Prashant Bhushan, on 7 January 2009, sought from the Public Information Officer (PIO) information regarding state of disrepair of the inner road that lies between Mathura Road and Mother Teresa Missionaries of Charity in Jungpura under the RTI Act.

 

There was no reply either from the PIO or the First Appellate Authority (FAA). Bhushan, the appellant, then filed a complaint before the CIC. After receiving the complaint, the CIC on 23 June 2009 announced its decision.

 

The Bench of Mr Gandhi, issued a notice to the PIO on 19 May 2009 asking him to supply the information by 13 June 2009 and sought an explanation for not furnishing the information within the mandated time.

 

The executive engineer (M)-I and APIO for Central Zone informed the CIC that the information had already been sent to the complainant on 5 March 2009 and information was again being sent on 4 June 2009.

 

Mr Gandhi, the then CIC, allowed the complaint after finding the PIO guilty of not supplying the complete, required information within 30 days. "On perusal of the file it is evident that the PIO is guilty of transferring the application to wrong Public Authority. Hence, he is also guilty of the delay in providing the information," Mr Gandhi said.

 

On 23 June 2009, the CIC received a letter from the PIO stating that he complied with the orders of the Bench and delay in providing the information was because of the fact that the information was not available with the his office.

 

"It was evident that PIO SE, Central Zone transferred the application to SE (PIO), City Zone though the information was held by him. SE, PIO City Zone had again transferred it back to him," Mr Gandhi noted. He then issued a show cause notice to the PIO.

 

During the hearing on 23 July 2009, SC Yadav, the APIO stated that the responsibility for unnecessary transfer of RTI application was of the then PIO RK Sharma. Sharma had transferred the application to SE (City Zone) who had transferred it back to SE (Central Zone), he said.

 

Yadav stated that the zones are not clearly demarcated hence, they do not know who is suppose to work where, and hence no work gets done.

 

"This is a very serious matter and the PIO is directed to ensure that clear directions are obtained which identify the responsibility of the zones. This information must be available with the MCD zones and also put-up on the website so that citizens know whom to approach," Mr Gandhi said.

 

While allowing the complaint, the Bench directed the PIO to ensure that MCD will put-up on the website a clear demarcation of the zones. "This marking of the zones will be put-up on the website before 20 August 2009 and the Complainant will be informed and accordingly the information will be provided by the PIO concern.  A compliance report will be given to the Commission before 25 August 2009," Mr Gandhi said.

 

CENTRAL INFORMATION COMMISSION

 

Decision No.  CIC/SG/C/2009/000477/3819Adjunct

http://www.rti.india.gov.in/cic_decisions/SG-23072009-02.pdf

Complaint No. CIC/SG/C/2009/000477

 

Complainant                                       : Prashant Bhushan

                                                  Noida, Uttar Pradesh-201 301

 

Respondent                             : SC Yadav

                                                  APIO

                                                  Municipal Corporation of Delhi

                                                  Central Zone, Lajpat Nagar

                                                  New Delhi-110024

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SEBI to notify norms for listing of start-ups, SMEs

SEBI is expected to notify the new regulations within a week for listing start-ups and SMEs that would provide easier exit options for angel investors, VC and PE funds

Market regulator Securities and Exchange Board of India (SEBI) will soon notify new norms for the listing of start-ups and small and medium enterprises on the stock exchanges without having to make an initial public offer (IPO).

 

Earlier in June, the SEBI board had approved the amendment of rules to permit the listing of start-ups and SMEs in institutional trading platform without an IPO.

 

According to reports, SEBI is expected to notify the new regulations within a week.

 

Lack of exit opportunities for investors and restricted access to new ones is a major problem faced by start-ups and SMEs.

 

The move is aimed at providing easier exit options for entities such as angel investors, venture capital (VC) funds and private equities (PE). Besides, the move will provide better visibility, wider investor base and greater fund-raising capabilities to such companies.

 

SEBI had said in June that the minimum amount for trading or investment on ITP would be Rs10 lakh. Such companies would also be exempted from the requirements of having to offer up to 25% of shareholding to public through an offer document in order to get listed.

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Govt extends deadline for feedback on Companies Act draft rules

MCA has received hundreds of comments on various draft rules, mainly on those related to CSR spending and managerial remuneration

The union government has extended the deadline till Thursday for providing feedback on the first set of draft norms for the new Companies Act.

 

In a release, the Ministry of Corporate Affairs (MCA) said, “The last date for submission of feedback/suggestions on the first phase of draft rules has been extended by two days, i.e., evening of 10 October 2013”.

 

MCA is in the process of framing norms for new legislation that replaces the nearly six-decade-old law governing companies in the country.

 

The deadline for providing comments on the first tranche — that covered 16 out of the 29 chapters of the Companies Act, 2013 — was to end on Tuesday. These draft norms were issued on 9th September.

 

Already, the Ministry has received hundreds of comments on various draft rules, mainly on those related to corporate social responsibility (CSR) spending and managerial remuneration, according to officials.

 

Among others, the first set covers rules for the board of directors, auditors, registration and incorporation of companies, revival of sick companies, financial accounts of corporates, National Company Law Tribunal and Appellate Tribunal.

 

The new legislation, that replaces the Companies Act, 1956, was approved by Parliament in July.

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