Question: From when the counting of 30 days starts?

[parveensudarshan]

Hello,
An applicant sends RTI application say on 15Jan by Speed post to an office in Delhi. Obviously, it reaches there next day or the day next. However, it is found that the application is registered in the RTI Cell of the Public Authority say on 5th of February --- i mean twenty days' later.

With many public authorities now-a-days they have an online monitoring which the RTI applicants can use to find out the status of their petitions. And, from such an online mechanism one comes to know that his/her application has been registered 20 days after it was "posted"----( could be 18 or 19 days after receipt, just for an example).

My question is as to from which date the counting of the mandated time period of 30 days starts? With some of the public authorities, this is almost a routine practice. My view is that it is for the Public authority to set its house in order to ensure that the RTI application is registered as soon as it is received. What does the RTI laws say about it ?

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[Sajib Nandi]

Sponsorer

Parveen,

Counting of ["within"] thirty days as mentioned in Section 7(1) starts from the date of receipt of request.

Since the application was sent through Speed Post whose delivery is documented and also available on the internet, the applicant should insist on counting of days from the actual date of delivery.

Some Information Officers are adopting delaying tactics. I have a case where application addressed to the CPIO with proper name and designation sent through Speed Post reached the ACPIO for unknown reasons.

Regards.

[jps50]

30 days start ticking from the day application is received by public authority. It is immaterial when it reaches CPIO. It is their internal problem.

[Sajib Nandi]

30 days start ticking from the day application is received by public authority. It is immaterial when it reaches CPIO. It is their internal problem.

[Within] Thirty days after application reaches PIO, not the Public Authority. [Section 7(1)]

Section 5(2): Where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

CAPIO or SAPIO belongs to the PA only.

Regards.

[sharadphadke]

With out bothering for dates given by PIO file a appeal as per draft given by Mr. Karira with first AA. Draft is available in on this site. I find it most effective.
jps50 has quoted at many places to appeal after 40 days of dispatch by speed post.
Best Luck.