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Transfer of a RTI Application - Sec. 5(4) + 5(5) OR Sec. 6(3)

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Sunil Ahya

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There are two specific provisions in the RTI Act for dealing with a situation where the information sought is not available with the Public Information Officer (PIO) with whom the RTI application has been filed, but,

Situation A - The Information sought is available within the Same Public Authority, or,

Situation B - The Information sought is available with another Public Authority.

 

Both the above situations A and B have been discussed below:

Situation A - Where the Information sought is available within the Same Public Authority

(i.e.Information not available with the Public Information Officer with whom the application has been filed with, but is available with another Public Information Officer of the same Public Authority):

 
Section 5(4) read along with section 5(5) has been laid down for such situations:
 
Section 5(4A Public Information Officer may seek another Public Information Officer's assistance if the information sought is available with another Public Information Officer of the same Public Authority.
 
Section 5(5): For the purpose of contravention of any of the provisions of the Act, the Officer whose assistance has been sought shall be treated as the Public Information Officer.
 
In this regard, the Hon'ble Delhi High Court in The CPIO, Supreme Court of India versus Subhash Chandra Agarwal & Anr. has decided as follows:
 
"It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public
Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this"
 
Please find the above mentioned Delhi High Court Decision on the following link:
 
 
Situation B - Where the Information sought is available with Another Public Authority
 
(i.e.Information not available with the PIO with whom the application has been filed with, but is available with another PIO of another
Public Authority):
 
Section 6(3) has been laid down for such situations.
 
Where the information in an application (complete or a part of the application) is available with another Public Authority, then the complete application or such part of the application shall be transferred under sec. 6(3) to that other Public Authority under intimation to the applicant.
 
(For more details, you may please read the provisions in the Bare Act)
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lissing perme

Posted

Yes sir as per my understanding of the RTI Act.2005 you is right.But sir in our state(Arunachal Pradesh) the section 6(3) is used within the same public authority,i.e transfer of application are done between the PIO in same Public Authority.

 

And what strange more is that as per the our State RTI Rules it is allowed as in our State RTI Rules new word 'Competent Authority" is inserted in the definition which means the authority which has power to accept fee under RTI rules .As PIO is the person who can accept fee under RTI Rules he become competent authority.And as per our RTI rules the transfer of application between the Competent Authority is allowed.

 

I think this is against the provision of RTI Act 2005 so am thinking of file Writ against this .

 

Your /members suggestion pliz!!!

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rameshpawar

Posted

Yes, Thanks. SootGirnis are basically belonging to a political class of people. There they have provision made in their favour that if the organisers collects one part i.e. 10 percent then the remaining 90 percent of the project value will be borne by the Govt. (here the state of Maharashtra). Out of this 90 percent 45 percent, means half would be direct investment of the Govt and other half would be a loan from the co-operative bank or other financial institutions wherein again Govt will stand as surety. Therefore, it is now a great question whether in such situation the so called Girnis as per RTI Act provisions are public institutions or otherwise.

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