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  1. #25
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    Re: 30 days starts from which date?


    Quote Originally Posted by sidmis View Post
    I have an interesting case.

    My friend Debadutt filed RTI Application on 5th January 2008. On 29th he received PIOs instructions to supply proof of citizenship which was duly complied on 2nd Feb.

    Now the CPIO says that the information shall be provided on 2nd of March.

    What should he do now? Invoke sec. 18 or sec 19 or simply wait until 2nd March?


    Sidharth
    You need not wait for 2nd March. You may question the CPIO about the relevance of the citizen proof he asked for [I haven't heard of any one asking for a citizenship proof....this is a merely a way to buy time]. The CPIO should have replied/ provided info on the original RTI application within the stipulated 30 days time. As is apperant he is uncomfortable providing the information asked for. You may now write to him asking the reasons for the delay and the necessity of the citizenship documents and address a copy to CIC for further action.


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  2. #26
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    Re: 30 days starts from which date?


    Quote Originally Posted by rakatkam View Post
    Kushal Sir,

    I want to tell that along with Rs.10/- application fee, the approximate postsl expenditure Rs.40/- and we can just estimate the document fee i.e. Rs.2/- per page (as we will be roughly knowing how many pages it will be ) so we can calculate and we can add a little more and send a Demand Draft along with application it self.

    So that PIO will be binded to supply the information without waiting for payment, because generally PIOs intimate applicants just when 30 days are comming to complete. And then it takes One week to two weeks for the purpose of sending fees and receiving information.

    So, I suggested an advance fees can be paid.

    rakatkam.
    At the time of filing RTI with GNIDA in March 2007, such a provision was already there. But just in case the applicant doesn't have a DD on him, he had the option of paying it in cash with the bankers of the AP. The applicant has to submit the original payment challans along with a duplicate copy... needless to say make another copy for your records...
    Sunaabh

  3. #27

    Re: 30 days starts from which date?


    The PIO is well within his rights to ask for proof that you are a citizen of India because as per Sec 3 of the Act as well as the preamble only Citizens have the right.

  4. #28
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    Re: 30 days starts from which date?



    Quote Originally Posted by taurus View Post
    The PIO is well within his rights to ask for proof that you are a citizen of India because as per Sec 3 of the Act as well as the preamble only Citizens have the right.
    OK... so info seekers, in their own interest, would do well to include an attested copy of their residence proof/ birth certificates/ proof of citizenship/ passports etc which ever they have so that the PIOs dont get a chance to use this lapse as an excuse to delay the provision of information...

    Thanks for correcting me.
    Sunaabh

  5. #29
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    C J Karira
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    Re: 30 days starts from which date?


    Quote Originally Posted by taurus View Post
    The PIO is well within his rights to ask for proof that you are a citizen of India because as per Sec 3 of the Act as well as the preamble only Citizens have the right.
    taurus,

    If that was the case, then the RTI Act would have expressly included "applicant must provide proof of Indian Citizenship such as....along with the application".
    Many states have a specific form or format for submitting RTI application. But none of them include the words "proof of citizenship to be attached".
    I do not know the exact figures, but I am sure that many Indians do not have any proof of citzenship because the law in India does not require a ID card or a inclusion in something called the "citizenship register".

    There are many other points specifically included in the RTI Act or Rules and Regulations, so why not this one ?

    One solution (to preempt any such move) is to start the RTI application as:

    "I,......................., a citizen of India, would like to have the following information under the RTI Act 2005:.................."

    The sections and clauses of the RTI Act are "expansive" in nature and may have been intentionally drafted to to allow a "liberal" interpretation.

  6. #30
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    Re: 30 days starts from which date?


    PIO is well within his rights to ask for proof that you are a citizen of India ...
    Hello Taurous,
    The issue here is not about the Rights of PIO. I am well aware of Sec. 3.

    This thread is about the 30 days starts from which date?

    My point is whether the PIO can delay information under this pretext?

    Are you suggesting that without citizenship proof the RTI Application is incomlete & invalid, as in the case of RTI Fee discussed above?

    And whether it can be delayed or rejected without a citizenship proof?

    Please remember that there's no specific forms prescribed for seeking information.

    The standard wordings regarding citizenship suggested by KaRiRa was given.

    'I hereby State that I am a citizen of India and I don't belong to BPL Category.'

    I have come across the following decisions. But they are not helpful to me.

    http://cic.gov.in/CIC-Orders/Decision_15122007_17.pdf
    http://cic.gov.in/CIC-Orders/Decision_31012007_27.pdf

    Reference to any other decisions on this issue shall be highly appreciated.

    Sidharth

  7. #31
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    Re: 30 days starts from which date?


    sidmis,

    I cannot find any reference to a decision where the information was delayed beyond 30 days, due to proof of citizenship but here is a decision of the CIC containing a observation that:

    Whereas the information could have been provided only on payment of fees as required u/s 7(1), the date of receipt of fees cannot be taken as the date of initiating processing of applications

    (http://cic.gov.in/CIC-Orders/Decision_03102006_4.pdf)

    By the same argument, the PIO should have informed the applicant to produce his proof of citizenship and handed over the information before the expiry of 30 days, if the proof was provided before the expiry of that period.
    Therefore the information became due on 5th February 2008.

    Best is to make a First Appeal under Section 19 and clearly state in the First Appeal that the applicant would like to approach the CIc/SIC for imposition of penalty under Section 20 for the delay beyond the stipulated time of 30 days.

  8. #32
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    Re: 30 days starts from which date?


    sidmis,

    Another point to be considered is as to why did the PIO have a doubt about the applicants citizenship so close to the last date for giving reply ?

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