At what stage the conditions mentioned in License Agreement issued under Unified Access Services Licenses Guidelines 2005, needs to be complied? – PIO: appellant is seeking views – CIC: inform if the conditions have retrospective / prospective effect
21 Sep, 2013At what stage the conditions mentioned in License Agreement issued under Unified Access Services Licenses Guidelines 2005, needs to be complied? – PIO claimed that appellant is seeking views of the PIO and is not seeking any information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; – CIC: Inform whether these conditions would have retrospective effect or prospective effect
Order
1. In the RTI application dated 30.8.2011, the appellant had sought the following information:-
“I, Vibhor Nayyar, residing at B-72, New Govind Pura, Street 14, near Chander Nagar, Delhi – 110051, telephone nos. 011-22015242, wish to know at what stage the conditions mentioned in License Agreement issued under Unified Access Services Licenses Guidelines 2005, needs to be complied? Whether they are required to be complied with at the time of making application or they need to be complied with at the time of issue of Letter of Intent (LOI) or they are required to be complied with at the time of complying with the conditions of LOI or they needs to be complied with at the time of signing of License Agreement? Please clarify.”
2. Shri R. K. Gupta, Director (As-I) had responded to it vide letter dated 16.9.2011, stating therein that the appellant was not seeking any information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and was rather soliciting the views of the CPIO in a manner which is not covered under the RTI Act.
3. I do not agree with the view taken by the CPIO. For the grant of licence under Unified Access Services guidelines, the parties have to first apply for it. Thereafter the matter is processed by the competent authority. After due processing, the competent authority issues the Letter of Intent (LOI). It is only then that the agreement for the grant of licence is signed between the DoT and the party concerned. The Licence Agreement does contain certain conditions. The issue is whether these conditions would have retrospective effect or prospective effect. The answer to this question, obviously, is required to be provided by CPIO. He is, therefore, desired to ponder over the matter and answer the query in clear terms.
4. This order may be complied with in 03 weeks time.
(M.L. Sharma)
Central Information Commissioner
Citation: Vibhor Nayyar v. DoT in File No. CIC/BS/A/2012/000670/LS