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RTI to MHA and its Response

Posted: Wed Aug 21, 2013 2:14 pm
by inplainsight
Hello,

A few months ago I had sent the following RTI query to MHA
1. Please provide a certified copy of the Notification in the Official Gazette where MHA Instructions No. V-11016/16/2009-Arms dated 31/03/2010 was printed to satisfy Section 44 of the Arms Act 1959.
In response, I received a copy of the MHA letter. So I filed a first appeal, and once again asked for a copy of the gazette. I received the following response
As the MHA's letter No. 11016/16/2009-Arms, dated 06/04/2010 has not been printed in the form of a Notification owing to the fact that it only communicates certain decisions of the Ministry to all State Governments/UT Administrations, the concerned CPIO has sent a copy of the said letter to you for information. His reply, therefore, is in order.
Is this enough to prove that these were NOT printed in a gazette. Or should I modify and ask these questions again?

All I want is a response that states that 'These were never printed in an Official Gazette and thus can not and will not be considered as amendment to the Arms Act or Rules'

Thanks

Re: RTI to MHA and its Response

Posted: Wed Aug 21, 2013 7:09 pm
by Safarigent
Hasnt your question already been answered?
?

Re: RTI to MHA and its Response

Posted: Wed Aug 21, 2013 8:11 pm
by goodboy_mentor
Doing RTI was needless. Even the text of that letter makes it clear that it is not a notification issued under powers delegated under Arms Act 1959. Even if it was published in the Official Gazette it would not have become a notification under Arms Act 1959. Just read any notification that has force of law. It would clearly mention that this notification is issued under powers delegated under such and such section of xyz act.

Anyways RTI response serves your purpose and confirms what you wanted to know.

Re: RTI to MHA and its Response

Posted: Wed Aug 21, 2013 10:08 pm
by inplainsight
Perfect. That's exactly what I wanted to know.