Re: [HumJanenge] Cabinet note not secret: Info panel

It was not necessary to skip it, but to skip TO it !!!

"18(1)  Subject to the provisions of this Act, .... " <smile>

This means that 18(1) is SUBJECT TO section 18(2) which comes after it and which confers the discretion to the CIC / SIC to establish its SATISFACTION as to the existence of the grounds mentioned in 18(1) for the OPTIONAL / CONDITIONAL  inquiry.

Sarbajit

On Fri, May 6, 2011 at 7:30 PM, Surendera M. Bhanot <surendera@avissoftware.com> wrote:

Sarabjit very cleaverly skiped the Section 18(1) which says that:

18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

A complaint will be filed only if it satisfy the conditions laid down are met with satisfactorily. The operation of Section 18(2) comes after it only.

On Fri, May 6, 2011 at 6:29 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

"18(2)  Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof."

Sarbajit