Question: Electronic means of RTI Application

[jiwateshwar]

Those who have read the RTI Act 2005 would have surely come across this and pondered over it:-

6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to

What does the electronic means exactly refer to. Does it mean e-mail or does it stand for the fact that the application can be typed or printed from a computer.

I live in Chandigarh and here we have a public facilitation center called Sampark. There are 5-6 Sampark centers evenly spread in this city. These centers are allowed to receive RTI applications from applicant along with the required fees. Upon receiving the application, they scan it and instantly email the scanned copy to the concerned C.P.I.O. After this the hard copy is also sent to the C.P.I.O. by courier.

However, there have been certain discrepancies in the functioning of these Sampark centers. It resulted in me filing an RTI Application seeking information into the same. I Attach my RTI file along with the post for you to view and comment upon.

So the question here is, whether receipt of the e-mailed copy of an RTI Application by the C.P.I.O. along with the RTI fee can be considered as the starting time for the 30day time period. Plz comment

The present RTI application brings to light the fact that the administration is pumping money into implementation of design regarding which it has no policy. The lack of a policy in this regard is the reason behind the dilly dallying attitude of the PIO .

Attached:
1. Entire correspondence including original RTI application.
2. A note on the case

[karira]

Jiwateshwar,

Although submission of RTI Application by email is a valid form, there is no mechanism to pay the application fee electronically.

The sampark centres are there to facilitate the submission of RTI Applications but the actual 30 day period should start from the day the PIO receives the application.

Please see the following thread and the reply therein:

Chakradharpur Railway Division beyond the RTI act

(Just giving the link because the issue is nearly the same).

[jiwateshwar]

Karira,
I think you fail to see the point behind SAMPARK. They collect the RTI fee and then scan and email the RTI application directly to the CPIO . After this has been done, the letter is also hand delivered or posted to the CPIO . Since SAMPARK is under the Chandigarh Administration, the money can thus be seen as deposited with Chandigarh Administration, which would have been the final destination of the money in any case. Some CPIO 's in Chandigarh consider the day of receipt of email as the starting date whereas as soome other lazy CPIOs wait for the hard copy.

[sidmis]

Jwateshwar

Plz clarify the following on the sampark centers.

1. Do they transfer RTI applications to other Public Authorities u/s 6(3) or restrict themsleves only to the Chandigarh Administration?
2. In case of Other PAs how the Fees are transfered?

I am craving for such facilities in Orissa too.

Sidharth

[jiwateshwar]

Sidmis,
1. They only restrict themselves to Chandigarh Administration. I would define them to function in a similar way as the CAPIO of post offices. Thus the transfer would have to be u/s5(4). However, till date they claim that it is just a facilitation service and that they are not liable for anything. But that shall soon change as I'm trying to depute them as CAPIO with fixed responsibilities.

2. The fees are transferred through net banking process. Everything is done electronically!

[sidmis]

They only restrict themselves to Chandigarh Administration. I would define them to function in a similar way as the CAPIO of post offices. Thus the transfer would have to be u/s5(4).

How would you do that?
If they are not declared as CPIO /CAPIO there is no way you can force them to accept RTI Application. And it may not a good idea and outright risky to hand over RTI application to someone who is not a CAPIO /CPIO. You cannot fix accountability at later stage.
Do they charge anything extra for these service?

Please try to ascertain whether the Chandigarh Adm. has issued any instructions in this regard to these Sampark kendras. Let the Administration declare them as CAPIO & I think you are pursuing the same issue right now.

Carry on...

[jiwateshwar]

Sidmis,
Yes these centers have been authorized to receive rti applicantions. Plz see this post Payment of fee

Yesterday I had a talk with the person behind the idea of Sampark Centers. He told me about the difficulties he faced in getting the idea implemented. He told me how furious the rest of the bureaucracy was when he proposed the idea. It was with much difficulty that he got it working. Since his knowledge of RTI was limited, he made no proposition so as to depute these people as CAPIOs. Also, the work is outsourced and employees at these centers are retired govt-employees. Thus it would take time to make a decision as to if they can be deputed as CAPIO . He was surprised to know about the postal CAPIO thing. He said he would work on it and make an appropriate proposition.