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Sunday, 19 June 2011

And how I shall try to make POSCO in India a "public authority"

Under the RTI Act of India 2005, a "Public Authority" is now well-defined, and can certainly include joint ventures, NGOs, VOs as well as companies which have been "substantially financed" and fit into other aspects of being "public authorities".

POSCO in India is one such company. However, you would appreciate, to start with they make it difficult to even accept such RTI Applications. The way to do it is to make the application, and then send it along with the 10/- rupee Postal Order, by Registered Post. In the format below, as I have done.

It will be a struggle, no doubt, but that's life. Right? Every day a new struggle.

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from
Veeresh Malik veereshmalik@gmail.com

to:-

jgyoo@posco.co.kr,varun-sehgal21@yahoo.com,
simanta@posco-india.com


cc

esg@esgindia.org,
anivar.aravind@gmail.com,
sanket_bbs@yahoo.com,
sanket_delhi@yahoo.com,
"Malik, Veeresh" <veereshmalik@gmail.com>


date
10 June 2011 17:10:21 UTC+5:30

subject: RTI Application / POSCO / 10jun2011 /


To:-  The CPIO under RTI Act of India 2005 or incumbent, POSCO-India Private Limited, 116, Park Centra(1st Floor) Tower-B, Opposite 32nd Milestone, NH-8, Sector-30, Gurgaon-122001


dtd: 10th June 2011 . . .
Greetings & Jai Hind!!  Most humbly request information under the RTI Act of India, 2005,  please provide me with the following information. THIS INFORMATION IS SOUGHT IN THE PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.
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INFORMATION REQUIRED:-

a) Please provide me with full information pertaining to adherence of POSCO INDIA Pvt. Ltd. to RTI Act of India 2005.

b) Please provide me with full information pertaining to the various taxation adherences and status of M/s POSCO and/or their Indian subsidiary M/s POSCO India Pvt. Ltd. claiming that they have spent Rs 3000 crores in India so far and if CBDT has any information on this heavy expense. (source: Media report per: http://www.telegraphindia.com/1110420/jsp/orissa/story_13877351.jsp quote:
""Bhubaneswar, April 19: Posco India Limited has so far spent Rs 3,000 crore in its proposed steel plant near Paradip though the project still remains stuck with the company yet to take possession of even an inch of land at the site. The company’s investments came to light during an ongoing review meeting chaired by steel and mines minister Raghunath Mohanty.""

c) Please provide me with full information on expenses incurred by M/s POSCO and/or their Indian subsidiary M/s POSCO India Pvt. Ltd. on any travel/junket or other expenses on Indian officials, journalists and other people not connected with the day-to-day regular work of POSCO and/or their Indian subsidiary M/s POSCO India Pvt. Ltd.

d) If any of the above said statutory records are not available, the complete details of how it was destroyed / weeded out in each case.

e) Electronic access to the catalogue (or catalogues) of all records of your public authority duly indexed in a manner and the form to facilitate right to information, either over the computer networks or in the form of a diskette or other electronic media at the prescribed fees.

Sent by eMail and signed hard copy, self-verified, (signed) and humbly submitted,


from:-Veeresh Malik,
D-61, Defence Colony,
New Delhi - 11oo24
(mobile: 00-91-99118-25500)

Note 1:-Application fee of Rs. 10/- in cash shall be submitted within 30 days as per procedure laid down by DoP&T at PIO, Posco India Pvt. Ltd, New Delhi, or at any one of the nominated APIOs located at the specified Post Offices in India, and a copy of this application along with receipt shall be sent to you co-terminus. Interim, you are requested to commence processing this RTI Application as per the RTI Act-2005 with effect from date of submission of this electronic copy, also as per the RTI Act-2005.
Note 2:- The public authority, POSCO India Pvt. Ltd., Gurgaon, has not yet published their arrangements to accept / accompany electronic payments for e-filings as per section 6 of the Information Technology Act 2000, is requested to do same, - and hence I am constrained to go to extra expense / trouble to file a routine email request by Postal Department also.
Note 3:- I wish to specify that you may please not provide to me that information (or particular portion thereof) which would impede the prosecution of offenders under any law of India, and also any personal information which is unconnected with any public activity/interest or which invades the privacy of any person. THIS INFORMATION IS SOUGHT IN THE LARGER PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.
Noe 4:- Humbly also submitted that section 8(2) of RTI Act clearly mentions that “A public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests”. In present case ven section 8(1)(j) is applicable for the information sought. Also it leaves no scope to invoke section 11 of RTI Act for seeking ‘third party’ comments. However since various CIC-verdicts allow protection in form of hiding certain information likely to be misused, bank-details etc in the sought information may be hided by putting a whitener on the relevant portions of the documents to be provided.  In case RTI petition relates to some other public-authority, please transfer this RTI petition to CPIO there under section 6(3) of RTI Act.

(Postal-order number __________________ _______________ for rupees ten is enclosed with signed hard-copy towards RTI fees in name of “Accounts Officer” as per DoPT circular-number No.F.10/9/2008-IR dated 05.12.2008.)

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