Page 5 of 5 FirstFirst 12345
Results 33 to 40 of 40

Thread: 30 days starts from which date?

  1. #33
    Posts
    44,017
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    546

    Re: 30 days starts from which date?


    Quote Originally Posted by karira View Post
    taurus,

    ...............................

    The sections and clauses of the RTI Act are "expansive" in nature and may have been intentionally drafted to to allow a "liberal" interpretation.
    Just to give a example of what is meant by "expansive" clauses versus "restrictive" clauses, please see the decision:

    The Commission heard both the sides. The Respondents maintained that they had not supplied the information asked for by the Appellant as proper fee had not been paid by him. The candidate had annexed Rs.10/- Court fee stamp with his application rather than any of the three other valid modes of payment: cash, bank draft/banker’s cheque/IPO. This submission was acceptable to the Commission. However, the candidate said that he would have paid the fee in the proper manner if the Respondents had replied to his application asking him to do so. The Commission accepted this submission also. Since the affixation of the court fee stamp with the application form shows that there was no intention on the part of the candidate not to pay the required fee and because the Respondents had not got back to him telling him the proper mode of payment of the required fee, the Commission directs the Respondents to treat this application as a valid one

    This is a "expansive" interpretation of the rule regarding mode of payment of fees.



  2. Re: 30 days starts from which date?


    1. Questions, Answers are illuminating.
    2. Safer mode is to attach the fee alongwith the application and avoid hassles.
    3. It should be made obligatory on the pert of The IC to ensure that the 'poor' applicant is not disadvantaged because of his inability to argue his case forcefully. The IC, may be made to act as Advocate for the applicant, otherwise the whole purpose of the RTI can not be acheived.
    aamaadmi

  3. Re: 30 days starts from which date?


    Quote Originally Posted by snkmoorthy View Post
    the thirty days period would start from the day on which the fee is received; until the fee is paid, the rti act does not come into play; a more serious problem is , the application is liable to be rejected for want of fee. in which case, it cannot be revived even if fees is paid later. the only remedy would be to send another application with attached proof of payment.
    Have been noting the contents of this thread for a while. Most are "jay walking" while other "are beating round the bush". In short, majority of the replies were way off the mark and not correct. Please go to the point. Decide, what kind of information you seek? If it falls Under Section 4, then application fee shall not apply. Perhaps, you may have to pay for the photocopies / CDs only, as per the prescribed rates. Its only for those information, where the request have been file Under Section 6, shall the application fee apply. Irregardless, of what the subsequent post to this thread will say, the 30 days counts solely from the date of the receipt of the application. Note, its very clear from Section 6 that applications can be sent through email as well. Which means, your application fee has to reach within the 30 days time limit. So irregardless of the application fee being received or not, the PIO should have the information ready before the 30th Day. You can even pay your fee on the 29th day, by which the PIO would have to give you the information immediately or on the following day. Section 19 & 20 clearly states, that the onus is on the PIO that he acted diligently. As such, some PIOs provide the information, even if no application fee had been received. So on no ground the PIO can treat the application as rejected, due to non receipt of application fee. If you are a BPL Card holder, make sure that you mention this at the time of application or attach a copy. No application fee would apply here. Also note, some PA who have appointed APIO, tend to add 5 days when the application is forwarded to the respective PIO. This is not correct. In short, when the APIO and the PIO is from the same PA, irregardless of the distance between the two, it would be treated as Section 5(4) & 5(5) only. So, here too the information has to be provided within 30 days. Its only when the application is transfered between two different PAs, then the 5 days Under Section 6(3) will apply. Kindly note here, that if a application is filed with the APIO of one PA and fordarded to the PIO of another PA and it takes over 10 days tor each the PIO, the 30 days will count from the date of the receipt of this application by the PIO of the 2nd PA. Enclosing additional fee for information like mentioned in the thread, would only amount to delay. It would also amount to hassling the PIO and his subordinate. They will have several entries to make. Again, there would be a problem for refund. Note, it would cost the Government a lot of money in this process. Decide, if the information that you seeks is more important, or you wish to make the Govt. employees slog? Best wishes Manoj Pai

  4. #36
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    37

    Re: 30 days starts from which date?



    The main issue is "is it obligatory on the part of an applicant to submit proof of cityzenship along with his application" The answeris "NO". Section 6(2) categorically statethat "An applicant making request for information shall not be required to give any other reason for requesting the information or any other personal details except those that may be necessary for contacting him". I suggest that it will be better to ignore PIO's letter seeking proof of cityzenship and make the first appeal exactly on expiry of 30 days from the date the application was competently filed. No mention of the PIO's intimation should be made in the first appeal.

  5. #37
    Posts
    44,017
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    546

    Re: 30 days starts from which date?


    Manoj,

    Sorry for digressing from the point but your post has raised some important issues:

    1. "If it falls Under Section 4, then application fee shall not apply."

    Information under Section 4 has to be disclosed suo-moto by the PA so
    it is already in the Public Domain and is free of charge.
    However, if applicant files for application to get information as per
    Section 4, then application fee has to be paid.

    http://cic.gov.in/CIC-Orders/Decision_12042007_01.pdf
    There has, therefore, been a failure on the part of the public authority to provide
    the information sought by appellant Ms. Gita Dewan Verma. Appellant Ms Verma
    has argued that since her question pertains to non implementation of sec. 4(1) of
    the RTI Act in DDA and not u/s 6(1), no fee was payable. However, sec. 6(1)
    reads as follows :
    “Sec.6(1): A person, who desires to obtain any information
    under this Act, shall make a request in writing or through electronic
    means in English or Hindi or in the official language of the area in
    which the application is being made, accompanying such fee as
    may be prescribed”. (emphasis added)
    It is, therefore, quite clear that even where the information to be sought is
    regarding implementation of sec. 4(1), a fee was required to be paid. The best
    course for the public authority in this case was, therefore, to ask for the fee,
    which in this case was not asked.


    2. "when the APIO and the PIO is from the same PA, irregardless of the distance between the two, it would be treated as Section 5(4) & 5(5) only. So, here too the information has to be provided within 30 days."

    However Section 5(2) states:

    Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

    So additional 5 days available for reply are incorporated in the Act itself.

    3.
    if a application is filed with the APIO of one PA and fordarded to the PIO of another PA and it takes over 10 days tor each the PIO, the 30 days will count from the date of the receipt of this application by the PIO of the 2nd PA

    Just wanted to confirm that your 10 days mean:
    5 days from APIO to PIO of the first PA (Sec 5(2))
    PLUS
    5 days from PIO in one PA to the PIO in correct PA (Sec 6(3))
    Is that correct or is 10 days just a random example.

  6. Re: 30 days starts from which date?


    may i take it [after reading karira sir's post at 37] that rti application is not complete without fees? RTI act is a central act and the rules framed by the state government of tamilnadu in this behalf stipulate that fees/proof of payment of fees shall be attached with the application. mode of payment and the head of account inwhich payment shall be made are also mentioned. therefore, as far as i can see, problem can be simplified like this: no fees, no RTI. it shall be treated as an ordinary petition without any constraints of time etc.

  7. #39
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    37

    Re: 30 days starts from which date?


    In a way you are right "No Fees" "No RTI Application". As per my understanding, an RTI application to be reckoned as competently filed, it has to be accompanied by the prescribed fees and the 30/35 day's period commence on the date of receipt of the competently filed application at the office of the PIO.

  8. #40

    Re: 30 days starts from which date?


    As has been brought out already, Sec 6 of the Act is clear. It states "A person who desires to obtain any info under this Act, shall make a request in writing or........, accompanying such fee as may be prescribed.." Hence, NO FEE (as prescribed) - NO APPLICATION. Only when there is an application we can count 30 days of its receipt!

Page 5 of 5 FirstFirst 12345

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook RSS Feed Apple App Store Google Play for Android