Need Help: Payment of fee

[jiwateshwar]

I had made an application to a Public Authority under Chandigarh Administration. Along with the application a demand draft of Rs50/- favoring the "Accounts Officer" of the PA was attached. However, yesterday I was shocked to see my application returned to me along with the DD. A letter accompanying the application said that there is no such officer in the PA and that the DD would have to be made in favour of the Director of the PA. This is in a PA of over 400 employees and a building 4 stories tall. Before I go further let me quote from the Chandigarh RTI Act,

2. In the Union Territory, Chandigarh, Right to Information (Regulation of Fee and Cost) Rules, 2005, (hereinafter referred to as rules), rule 3 shall be substituted as under:-
“Rule 3-A request for obtaining information under sub – section (1) Of Section 6, shall be accompanied by an application fee of rupees fifty by way of cash against proper receipt or by demand draft or bankers cheque of by Indian Postal Order (IPO) payable to the Accounts Officer of the public authority.”

The amendment clearly states that a DD favouring the Accounts Officer is acceptable. Now what does the Accounts Officer really mean? Is it a designated post, or any one performing this extra function.

I can get my DD canceled. The fee for making the DD was Rs.42. This can not be refunded and an additional amount of DD cancellation fee wil also be charged. And then I have to get a new DD made again paying the exchange fee of Rs.42.

So can I hold the CPIO-cum Director of the institute liabel for not having a designated accounts officer and avoid having to make a new DD.

[DineshK]

I suggest you to forward your letter to some another PIO in the same administration and let him forward the same to the concerned PIO. You may take up this point if the matter comes up for hearing.

[karira]

jiwateshwar,

There is a DoPT circular that clearly says that the DD/BC/IPO can be payable to "Accounts Officer".

The full circular can be read at:

DoPT Circular re designation of PIO/Mode of payment/Cheque in favour of/application format

Further in a circular on Guidelines to PA's under the RTI Act, item 24 clearly says that even if a PA does not have anyone by the name of "Accounts Officer", an officer may be designated as such for the purposes of receiving fees under RTI Act 2005.

That circular is here:

DoPT Circular - Guidelines for Public Authorities under RTI Act 2005

Please send a copy of the above two to the concerned PIO along with the D/D that he returned to you requesting him that in view of these two circulars, that the D/D may be accepted.

[vijendra singh]

We should send IPO instead DD. This is cheaper; & name of PA can be filled in by the deptt itself. Pl care in future. Now u send the DD alongwith the circular to APIO ; not the PIO ; &do not mention the return of DD. If APIO accepts it, it will benefit u.

[jiwateshwar]

I have not seen any APIOs in Chandigarh. We have only CPIOs here. I know in Punjab they have APIOs and ACPIOs but that is not the case here. And why should I send it to the APIO? As far as I know, application can be made directly to the CPIO. In case of sub-districts/tehsils/taluk etc, the application is to be made to the APIO who is further required to forward the same to the CPIO. However, even in that case the application can be made directly to the PIO. ACPIO/APIO is appointed just to facilitate the process.

Is my understanding of the above correct?? Plz let me know if I'm wrong.

[colnrkurup]

The return of the DD was not deliberate. The CPIO has no way out. To grasp it, one should be able to understand the system of handing finance in such offices. Such offices though might have one Accounts Officer to operate their accounts including bank accounts, in certain offices they might not have a separate Accounts Officer but one of the other officers viz., the Director or Adm Officer might be operating the accounts The bank accounts might be in his name. Of cource they were acting little over-smart when they replied you that they do not have any such officer . The oficer whoever may be operating the accounts is generally known as the Accounts Officer though in papers they may not have any officer authorised as Accounts officer.

I find the safest way is to remit by IPO. In my case I have been crossing the IPO leaving the receipient's column blank and requestting the CPIO to add the accounts holder's designation in the IPO. I find payment through IPO cheaper and convenient. I colour-print copy the IPO on the reverse of my RTI application in addition to enclosing the IPO . This practice has not given me any problem so far.

[jiwateshwar]

I have never actually had to remit the money to the CPIO through DD or IPO. We have a central agency for collection of RTI applications and the required fee as well. This is located in all sectors of the city (almost). However, somehow this CPIO is not on their list of CPIOs to whom they are authorized to forward RTI applications. Thus this was the first time that I had to make a DD for payment of RTI fee as I have never actually used an IPO and Im not sure how one uses a IPO.

[colnrkurup]

Will you please elucidate the system of collection of RTI applications and fees referred to above ? Members of this forum will be interested to know as to who is arranging it, service charges collected if any etc., etc.,etc., for general information. I left Chandigarh 24 years back and would love to know such developments at least in such femiliar places

[jiwateshwar]

Mr. Kurup,
Sir there have been some very good developments in and around Chandigarh in the past few years. The administration has to a great extent committed itself in implementing the e-governance initiative. The e-Jan Sampark centers were a major step towards this. These are special public window systems or counters. They are responsible for dispersal of information relating to any government body in Chandigarh.

Regarding RTI,
The centers are authorized to receive RTI applications on behalf of the CPIO from the applicant along with the prescribed RTI fees. No extra service charge is applicable for this. In fact, all services at Sampark centers are made available free of cost. When a RTI application is submitted at the Sampark center, the application is at the very moment scanned and then a copy is e-mailed to the CPIO. Once the RTI application is successfully delivered to the e-mail address of the CPIO, a receipt for the same is generated and stands as proof of payment and having made the application. The Sampark center is also responsible for maintaining a list of all CPIOs in Chandigarh.

Please see the following links to learn more:
Official Website of Chandigarh Administration
Official Website of Chandigarh Administration
Department of IT, Chandigarh

One can apply for
Death/ Birth certificates
Pay bills such as water electricity phone etc
Make bus pass
Apply for passport
Servant verification and database
Seek guidance about how to make RTI application
File complaints against a department
Get printout of results released on the net

Virtually all information or procedures of any department under Chandigarh Admin can be accessed from here.

[jiwateshwar]

Are DOPT circulars binding on Union Territories such as Chandigarh??

[mahendra_1968]

as per the rti rules 6(1) A person who desires to obtain any information under this act, shall make a request in writing......., accompanying such fee as may be prescribed, to CPIO/SPIO, of the concerned poblic auth.
1) so in future do not write officer's designation, only write CPIO/SPIO and name of PA
2) in yr case you will submit yr application to CIC under 18

[jiwateshwar]

Originally Posted by mahendra_1968

as per the rti rules 6(1) A person who desires to obtain any information under this act, shall make a request in writing......., accompanying such fee as may be prescribed, to CPIO/SPIO, of the concerned poblic auth.
1) so in future do not write officer's designation, only write CPIO/SPIO and name of PA
2) in yr case you will submit yr application to CIC under 18

Sir, kindly refer to the files attached to the threads linked in post #3 of this thread.

[jiwateshwar]

Just to give a general update regarding the matter, I sent the application and the DD along with the quoted circulars. The CPIO has accepted the application and the DD and actually called me up to thank me for bringing the flaw to his notice. Thanks to all the members of this forum who saved me the trouble of having to make a new DD!

[colnrkurup]

Dear Mahendra Sharma,
Incidentally, if you make a crossed draft in the name of the SPIO/CPIO, there is no wayout but for its return. The CPIO/SPIO will not have an account in the bank and naturally he will not be able to encash such a draft or credit it in the accounts of the public authority.

[jiwateshwar]

Kurup sir,
Do you actually mean that the DD may be addressed to the Accounts Officer of the PA but we must not cross it? If so then what safeguards shall exist?

[hkdubey]

Originally Posted by vijendra singh

We should send IPO instead DD. This is cheaper; & name of PA can be filled in by the deptt itself. Pl care in future. Now u send the DD alongwith the circular to APIO ; not the PIO ; &do not mention the return of DD. If APIO accepts it, it will benefit u.

Vijendra,
No doubt IPO is cheapest, Do you mean that we should use IPO and we should send it with blank payee name? But in this case any payee name can be filled up.

[ganpat1956]

I have lost track of the number of times, this issue has been discussed in the forum. If you send an IPO with a blank payee's name, then add a line in your RTI application , that , you are not aware of the correct details and therefore leaving it blank. Request the PIO to fill up the name of the beneficiary/account of the PA. If you are so much worried about a wrong encashment, you can as well cross the IPO.

Originally Posted by jiwateshwar

Do you actually mean that the DD may be addressed to the Accounts Officer of the PA but we must not cross it? If so then what safeguards shall exist?

Colonel's remarks are only about taking a DD in the name of SPIO/CPIO, not about getting a draft crossed or not. BTW, don't worry about the safeguards for a Rs. 10/-DD. For a real fraudster, it is not worth wasting his time.

[jiwateshwar]

My mistake! Was unable to understand what he actually meant.