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Central Information Commission

Mr.Sanjay Ramesh Shirodkar vs Ministry Of Information And ... on 11 January, 2012

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796.

                                                            Decision No. CIC/SG/A/2011/003061/16779
                                                                    Appeal No. CIC/SG/A/2011/003061
Relevant Facts emerging from the Appeal

Appellant                            :       Mr. Sanjay Ramesh Shirodkar
                                             Runwal Seagull, Bldg A3, Flat 504
                                             Handewadi Road, Hadapsar
                                             Pune - 411028

Respondent                           :       Mr. Sham Lal

Public Information Officer & US Ministry of Information and Broadcasting 'A' Wing, Shastri Bhawan New Delhi RTI application filed on : 14/06/2011 PIO replied : 23/06/2011 First appeal filed on : 22/08/2011 First Appellate Authority order : Not ordered Second Appeal received on : 01/11/2011 Information Sought

1. Please provide the list of various advertisements for all departments published in print, electronic and tv media by Govt. of India in last two years.

2. This list should contain soft copy of ad, name of the media, size of the ad or seconds of the ad, expended funds on each ad (department wise), purpose of the ad, projected readership or viewership and actual result captured.

3. Please provide a list complaints received against television ads or television commercials submitted in last two years.

4. This list should contain soft copy of the ad, name of the promoter, name of the publishing media or company, nature of the complaint and action taken against each complaint.

5. Is Advertising Standard Council of India (ASCI) recognized by Ministry of Information & Broadcasting?

6. Please provide information whether Ministry of Information & Broadcasting has offered/provided any DISCOUNTS! CONCESSIONS /WAIVERS / EXEMPTIONS to ASCI in terms of, Interest Free Debt, Entry Taxes, Property Taxes, Lease of Land, Stamp Duty and Registrations Charges, Change of Land Use, Octroi, Road Cess or more, if any.

Reply of the Public Information Officer (PIO) Respondent 1:In this connection it is stated that, with regard to points 1 -- 2 and points 3- 4, your application is being transferred under section 6 (3) of the RTI Act, 2005 to Directorate of Advertising and Visual Publicity (DAVP), Soochna Bhawan, CGO Complex, Lodhi Road, New Delhi, and BC-Ill Section in the Ministry, respectively with the request to provide the requisite information direct to you.

Respondent 2, by his letter dated 21.7.2011 Point 1 : Supplied here with is the list of display release orders issued by DAVP on behalf of various Ministries/ Departments Point 2 : Required details are available on DAVP website www.davp.nic.in.

DAVP website home page - Option Ministries & Dept. Next option - Release order details (New Head) Next option - First five digits of the RO Point 3: List of complaint was supplied in respect to TV Channels. Point 4: Information not available.

Point 5: ASCI self code has been incorporated in the advertising code.

Respondent 2, by his letter dated 2.8.2011 Point-1 : Since no such list is maintained, it would not be possible to provide such information. Point-2: Providing the requested information would disproportionately divert the resources of AV Wing of DAVP, and hence, cannot be given under Clause:9 of the RTI Act. Point-3 : No complaints have been receive against any such ads or commercials. Point 4-6 : Do not pertain to DAVP.

Grounds for the First Appeal:

Incomplete and misleading information provided by the PIO. Order of the First Appellate Authority (FAA):

FAA not ordered.

Relevant Facts emerging during Hearing:

The following were present Appellant: Absent;

Respondent: Mr. Amar Nath Singh, Public Information Officer & US; Mr. Sham Lal, US and Mr. N. V. Reddy, Director;

It appears that information has been provided as per available records to queries 1 to 5. But information on query-6 has not been provided. Effectively the appellant is asking in query-6 whether any financial concessions or incentives have been sanctioned by the I&B Ministry. Various respondents seem to have taken a position that they do not have the information. However, there is no admission as to whether concessions and incentives have been sanctioned by the I&B Ministry. The Commission now directs Mr. Sham Lal, US to obtain the assistance of other officers if required and provide the information on query-6 to the Appellant.

Decision:

The Appeal is allowed.

The PIO Mr. Sham Lal, US is directed to provide the information, after obtaining it from any other officers under Section 5(4) if necessary, to the Appellant before 30 January 2012.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi Information Commissioner 11 January 2012 (In any correspondence on this decision, mention the complete decision number.)(DE) Page 2 of 2