30 days starts from which date?

[avinash]

Dear all

Suppose an application under RTI is sent on a particular date and the payment of Rs 10/- made 10 days later, the 30 day period starts from which date - the date of receipt of the letter or the date of payment?


Regards

Avinash

[mpai]

Originally Posted by avinash

Dear all

the 30 day period starts from which date - the date of receipt of the letter or the date of payment?
Avinash

The count down for the 30 days starts from the date of the receipt of the original RTI Application, irregardless of the date of the payment of fees.

However, you have to ensure that you pay the application fee before the 30th day.

[karira]

Manoj,

I think that is not correct.
The clock starts ticking from the time the complete application is received.
That should include the application fee.

Following is a decision from the CIC regarding time limit where some cost in giving the information was required:

DECISION:
To calculate the time limit under the RTI Act, if cost has to be remitted for providing information , then, receipt of the cost shall be the starting point for determining the period during which the information has to be provided.

Full decision can be viewed at:

http://cic.gov.in/CIC-Orders/Decision_08062007_08.pdf

I think same yardstick can be applied to the application fee of Rs 10.00

This is a important point. Hope we can thrash it out and get to a final answer.

[kushal]

This post can also be used as reference when the PIO ask to deposit, say cost of photocopy charges: http://www.rtiindia.org/forum/3027-post6.html

[mpai]

Originally Posted by karira

I think that is not correct.
The clock starts ticking from the time the complete application is received.
That should include the application fee.

Well thats what the PIO 's would like us to believe. Further one cannot apply a CIC decision to every application. It all depends on the circumstances. Let me inform that there are dozens of CIC decisions where the applicant had received the information without paying the application fee, while the PIO was issues show cause notice for penalty .

What happens if the PIO refuses to accept your RTI Application at all?
In this case of course, the date starts from the day the attempt was made to submit the original application. Same can also apply if he refuses to accept your fees.

The decision under reference is related to the payment of fee for photocopying charges. In such cases the intervening period between the date of despatch of the letter of the PIO for fee and the deposit of this fee is not counted.

Let me elaborate

1. Turning back to the original question posted by Avinash, suppose he submited an application on 1st May.
2. Ten days later on 11th May deposited the Rs.10/- application fee.
3. On 20th the PIO communicated to Avinash asking him to deposit Rs.50/- for photocopying 25 pages.
4. Avinash deposit the fee on 26th May.
5. Then the 30th day would fall 4th June.

Manoj

[karira]

Ok, Manoj, in that case why are SIC's (in many cases) and CIC (in some cases) rejecting appeals just because the applicant did not give proof of his payment of Rs 10.00 as application fee.

[mpai]

Originally Posted by karira

Ok, Manoj, in that case why are SIC's (in many cases) and CIC (in some cases) rejecting appeals just because the applicant did not give proof of his payment of Rs 10.00 as application fee.

Its how you present your case before the CIC / SIC. Stick to the point, avoid pointless arguments, dont worry about petty stuff. The CIC / SIC decide on what is put forward to them. PIOs/AA have the advantage of hiring expensive lawers, at our costs, to help them put up the cases. Its the applicants who arent experienced in negotiation or are not able to communicate properly have their appeals rejected.

You will note in my previous post, about there being dozens of CIC decisions where the applicant had received the information without paying the application fee, while the PIO was issues show cause notice for penalty .

Manoj

[karira]

Manoj,

Have a look at this decision of 14th June 2007 and please give comment:

Commission’s Decision:
3. Until the prescribed fee of Rs.10/- is paid in the form of valid instruments, namely cash, bank draft or IPO, the RTI Act would not get invoked. The complainant is, therefore, advised to deposit the RTI fees, as above, to obtain the required information .

Full decision can be viewed at:http://cic.gov.in/CIC-Orders/Decision_14062007_07.pdf

[mpai]

Originally Posted by karira

Manoj,

Commission’s Decision:
3. Until the prescribed fee of Rs.10/- is paid in the form of valid instruments, namely cash, bank draft or IPO, the RTI Act would not get invoked. The complainant is, therefore, advised to deposit the RTI fees, as above, to obtain the required information .

Yes, I had a look at this decision besides several others earlier. If you observe closely, it looks like the hearing was never held at all.

CIC decisions, being of quasi judicial nature, should be speaking orders. There are no details on the nature of the information asked etc.

An important note, I would like to ask the PIOs who might be reading this is that, next time you write to an applicant to pay the Rs.10/- fee, never forget to mention the BPL Certificate. Of course, it cannot apply to the current CIC decision referred to by Karira, as the applicant is an advocate from Shivpuri. Maybe he had some trick up his sleeve.

Manoj

[karira]

Manoj,

Advocates can also be under BPL !
At least my advocate always cribs that he is poor.
(He He He He He He He, LOL)