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    transfer of RTI query to another CPIO(of a different public authority)


    an RTi query has been addressed to my counterpart having jurisdiction in another state. the postal order sent along with the application is also in the name of my counterpart of the other state.

    the subject of the query, however comes under my jurisdiction as the area is now under my jurisdiction. now my counterpart in the other state had sent the application in original along with the postal order and asked me to provide the requisite information. this he has done within the stipulated period of 5 days. no problem on that count.

    i have prepared the requisite information which is now ready to be provided.

    to whom should i send the information? to the person who asked the question or to my counterpart i was referring to?

    as i already mentioned, the postal order is in the name of my counterpart and therefore i cant encash it. and unless i can realise the application fee, i cant provide the information. this is my predicament. i have studied section 6(3)(ii) and some case studies relevant to the issue. i have thought of two options.

    1. to send the original query back to my counterpart along with the information requested under rti and request my counterpart to supply the information himself to the applicant and encash the postal order.
    2. write to the applicant that the information pertains to my jurisdiction and therefore that the postal order be sent in the name of my office. once i receive the postal order, i'll provide the information.
    which of these two options would be a better and correct way of doing things? or is there an even better third option? kindly advise.

    to add to the information i already provided, i also add the following points.
    • the entire country is divided into some 30 odd geographic circles for a particular job. i head one of those circles and my counterpart heads another.
    • the information asked is about something which is now in a district in my jurisdiction.(earlier it was with my counterpart but subsequent to rearrangement of jurisdictions it now is with me.)
    • though under the same department we are independent of each other and are different public authorities with different CPIOs and Appellate authorities. we sit in different states.



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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Quote Originally Posted by chanda_s View Post
    an RTi query has been addressed to my counterpart having jurisdiction in another state. the postal order sent along with the application is also in the name of my counterpart of the other state.

    i have prepared the requisite information which is now ready to be provided.

    to whom should i send the information? to the person who asked the question or to my counterpart i was referring to?

    1. to send the original query back to my counterpart along with the information requested under rti and request my counterpart to supply the information himself to the applicant and encash the postal order.
    Your counterpart has erred by sending the Postal Order to you. Since the information is available within the same PA section 6(3) will not apply and he should have asked for the information from you under Section 5(4) and provided the same to the applicant in time under his signature. This means, you have to choose option No.1 you have described above and send the information along with original application, PO to your counterpart.

    Do not make the mistake in corresponding with the applicant.

    Manoj

  3. #3
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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Quote Originally Posted by chanda_s View Post
    • the entire country is divided into some 30 odd geographic circles for a particular job. i head one of those circles and my counterpart heads another.
    • the information asked is about something which is now in a district in my jurisdiction.(earlier it was with my counterpart but subsequent to rearrangement of jurisdictions it now is with me.)
    • though under the same department we are independent of each other and are different public authorities with different CPIOs and Appellate authorities. we sit in different states.
    Manoj,

    Chanda has pointed out that the two are separate PA's.
    Therefore no reason to bring in Section 5(4).
    The first PIO rightfully transferred the application to Mr Chanda under Section 6(3).
    At most, he could have asked the applicant to redo the Postal Order and provided the address of the new PIO (since the jurisdiction has been recently changed and reorganisation has taken place, probably the public does not know this).

    Chanda, the following decision of the CIC is crystal clear in this regard and gives a good suggestion to come out of your impasse:

    http://cic.gov.in/CIC-Orders/Decision_12072006_2.pdf

    Under Section 6 (3) of the Act, the Public Authority to which the
    application is made shall transfer the application or such part which may be
    appropriate to that other Public Authority which either (i) holds the information,
    or (ii) is more closely connected with the subject matter of the application. The
    President’s Secretariat has correctly held that even though the report on action
    taken had been submitted to the President’s Secretariat by the Ministry of
    Petroleum & Natural Gas, the President’s Secretariat did not qualify under
    either of the sub Section of Section 6 (3) to be the principal public authority
    dealing in the matter which was rightly construed to be the Ministry of
    Petroleum & Natural Gas. Therefore, while we agree with the contention of the
    PIO, President’s Secretariat that the application merited transfer, no transfer
    has in fact been made, with the PIO simply advising the applicant “to approach
    the Public information Officer of the Ministry o Petroleum & Natural Gas”. This
    has been done with no regard to the proviso of Section 6 (3) of the RTI Act,
    which requires that the transfer of application pursuant to this sub-Section shall
    be made as soon as practicable but in no case later than five days from the
    date of receipt of the application. In this case, the advice (and no transfer) took
    place on 16-3-2006 i.e. 15 days after the application was submitted to the
    public authority and no effort has been made to explain this delay. Section 6
    (3) requires the transfer of the application to the concerned public authority, not
    simply advice to the applicant to make a fresh application to that other
    authority. It is understandable that the DD would have been returned, because
    it was made in the name of Accounts Officer, President’s Secretariat and
    therefore, uncashable by the requisite public authority, although it would have
    been possible for the President’s Secretariat to encash the DD and transfer the
    funds, if required to the concerned Ministry. However, the application itself was
    required to be transferred under the law and not refused.


    I think, based on the above, you can give the information to the applicant and at the same time, send the Postal Order to your counterpart and request him to transfer the funds to your PA.

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    Re: transfer of RTI query to another CPIO(of a different public authority)



    thanks very much for your advice karira. in fact i had done just that. i have requested my counterpart to remit the fees into govt of India account as in any case all monies end up there.

    but where have you gone all these days? you expect me to pay penalty for not providing info on time? just kidding.

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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Dear Mr.Chanda,
    If you bear in mind that " the aim is to provide the information by those holding the information" you are not likely to develop any such doubt.

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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Is there any change in the law or some clarification been issued/ circulated to the CPIOs??? A CPIO advised me to apply to some other CPIO for some information (sub part of my application) and the first appeal has upheld his decision.

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    Re: transfer of RTI query to another CPIO(of a different public authority)



    There is no Amendment in RTI Act. You may file First Appeal before the FAA within time limit.

    It was the duty of the PA to transfer the application to another PA, when the information sought is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, within five days of receipt of the application. Moreover, under section-5(3) of the RTI Act, 2005, every CPIO shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information. Thus, it was for the CPIO either to deal with the application and supply the information [s.5(3)] or transfer the Application to another public authority [s.6(3)].

    RTI TIME SCHEDULE :
    http://www.rtiindia.org/forum/attach..._under_rti.pdf

    HOW TO FILE FIRST APPEAL [CENTRAL/STATE] BY jps50
    http://www.rtiindia.org/guide/how-to...l-under-rti-2/ AND http://www.rtiindia.org/forum/attach...nformation.doc

    FIRST APPEAL FOR NO REPLY by jps50
    http://www.rtiindia.org/forum/blogs/...plication.html
    Satyameva Jayate सत्यमेव जयते

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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Quote Originally Posted by RAVEENA_O View Post
    What the second Appeal has to do with the issue at hand???

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