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  1. #1
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    C J Karira
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    Can a PA ask for RTI application to be submitted in triplicate


    I wanted to submit a RTI application to BSNL (a Central Government undertaking).

    As per the BSNL website, this is waht I found:

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    Payment of fee for seeking information under RTI-Act, 2005.
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    </td> </tr> <tr> <td bgcolor="#ffffff">
    </td> <td bgcolor="#ffffff"> The Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, vide, their order dated 16th September, 2005 has prescribed an application fee of Rs. 10/- for seeking information from any public authority under RTI-Act, 2005.

    In view of above, the applicants seeking information related to BSNL CO at New Delhi, must enclose with their application the requisite fee of Rs. 10/- in the form of DD/Bankers Cheque/IPO drawn in favour of Accounts Officer, BSNL CO payable at New Delhi. This fee can also be deposited in Cash with Accounts Officer, BSNL CO, New Delhi against a voucher to be issued by RTI Cell of BSNL Corporate Office, 7th Floor, Statesman House, New Delhi.

    In case the information pertains to BSNL field units (Telecom Circles/Districts/Functional Units), the requisite application alongwith the prescribed fee should be deposited with the concerned CPIO of Telecom Circles/Districts/Functional Units of BSNL.


    The application should be submitted in triplicate (One original copy & two photocopies along with the copies of enclosures) with the prescribed fee.
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    Can members confirm if this is correct and as per norms ?
    Can a PA ask for three copies of the application to be submitted to the CPIO ?
    Does the RTI Act or the Rules and Regulations, as applicable to Central Government undertakings, specify anywhere that 3 copies of the application have to be given ?


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    Last edited by karira; 25-12-07 at 12:21 PM.

  2. #2
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    Re: Can a PA ask for RTI application to be submitted in triplicate


    The other two copies meant for whom? Forum members belonging to BSNL should clarify.
    Last edited by ganpat1956; 25-12-07 at 02:04 PM.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  3. #3
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    Re: Can a PA ask for RTI application to be submitted in triplicate


    It is not correct. BSNL has absolutely no authority to issue such orders. Request for obtaining information is dealt with in Section 6 of the RTI Act. Neither it stipulate submition of an application in triplicate nor it contain any proviso empowering BSNL to make their own Rules on the issue. I don't think that BSNL is a competent authority stipulated in Section 28 of the Act .May I draw the attention to the proviso to Section 6 which has gone to the extend of laying down that " ...... where such request cannot be made in writting, the CPIO shall render all reasonable assistance to the person making the request orally to reduce the same in writing". This means that the request can even made orally. My suggestion is to ignore the demand of triplicate. One should proceed as if no such instruction exist. I don't think that any CPIO will have the courage to deny the information on a plea of non-submission of the request in triplicate. Of cource the PIO may refuce to receive the request application as he has to obey the orders of his superiors. In such cases one should send it by speed post and wait for his written orders of refusal. When refuced so, one should proceed further as in the case of refusal.
    Last edited by colnrkurup; 25-12-07 at 05:41 PM.

  4. #4
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    Re: Can a PA ask for RTI application to be submitted in triplicate



    I don't know about whether BSNL is within its rights or not. But I do know that when a friend submitted an RTI application thru a special RTI window at the Bombay GPO last year, he was also asked to submit the application in 3 copies. He did so without complaining because it appeared to have a purpose.

    Every page was stamped "RTI Priority," one copy was returned to him, and he was told that one copy would be retained by the GPO, while the last would be sent on the public authority concerned (SEBI). My friend was actually impressed that this system ensured the PA could not claim non-receipt of an RTI application, which in principle they can, even with "Registered-Acknowledgment Due," because they can still claim then that inside the envelope was nothing!!

    I don't know the exact circumstances you face, whether your application is large, etc. which can all have a bearing on how big a nuisance this is. But if the PA is willing to give you a reason for asking for three copies, this anxiety may be relieved. Happy New Year. Best,

    Murgie

  5. #5
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    Re: Can a PA ask for RTI application to be submitted in triplicate


    Murgie,

    The procedure you explain for submitting applications through Post Offices implies (and also makes sense) for 3 copies of the application to be submitted.

    My querry is, if I submit the RTI Application directly to the PIO, BSNL, by hand, why does BSNL insist on 3 copies...one original and two photocopies ?
    Under which section of the RTI Act or the Rules and Regulations as applicable to Central Government Depts. or Undertakings can they ask for that ?

    Never heard till today of any PA asking for multiple copies of applications.

  6. #6
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    Re: Can a PA ask for RTI application to be submitted in triplicate


    Hello friends,

    I think asking for three copies of application is not correct. If at all they need additional copies to circulate and collect the information from their section, they should take the xerox copies of the application and proceed.

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