Detail of Acts, Rules and Regulations in force in the Union of India
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Law and Justice Legislative Department seeking copies of all Acts, Rules and Regulations in force in the Union of India. The Public Information Officer (PIO) informed that all Central Acts were available for the general public on the website of the Ministry. The PIO also referred to the website of the Ministry and suggested to download the required Central Acts.
During the hearing the before Central Information Commission (CIC), the appellant requested the PIO to furnish the certified copies of all incoming and outgoing letters, notes, orders, notifications, memorandums and records received and issued by the Ministry about Malegaon Bomb Blast cases. The appellant also asked the details of action taken by the Ministry on the submissions in respect of the Malegaon Bomb Blast cases etc. The First Appellant Authority (FAA) held that a mere reading of the RTI appeal papers and the appellant’s RTI application discloses that the subject matter of the information does not pertain to the Legislative Department. The Legislative Department is not concerned with the Malegaon Bomb Blasts cases. The Legislative Department of Ministry of Law & Justice is concerned with certain subjects allotted to it under the GOI (Allocation of Business) Rules, 1961. The FAA also added that the subject matter of the information sought by the appellant may be available with the Government of Maharashtra and the Union Ministry of Home Affairs as the subject matter concerns them, therefore the appellant would contact the public authorities of the Government of Maharashtra and the MHA.
View of CIC
The Commission noted that as far as appellant’s RTI application is concerned the PIO of the legislative department has conveyed that all the Acts, Rules and Regulations in force in the Union of India are already available on public domain of the public authority. The CIC also added that as the information is already available in the public domain, there is no obligation on the part of the respondent to provide copies of these documents to the appellant. Regarding appellant’s further questions, the CIC observed that the information sought did not pertain to the Legislative Department and the PIO of the Legislative Department has transferred the RTI application to the PIO of the Ministry of Home Affairs (MHA). The CIC directed the concerned PIO of MHA to reply to the appellant’s RTI application and if not replied to already. A copy of the order was directed to be provided to the concerned PIO of MHA by the PIO of Legislative Department of Ministry of Law & Justice.
Citation: Mr. Farogh Iqbal Makhdoomi v. Ministry of Law & Justice Legislative Department in Case No. CIC/SS/A/2012/000207
RTI Citation : RTIFI/2013/CIC/1452
Click here to view original RTI order of Court / Information Commission