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RBCHAVAN

Section 6(3)

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RBCHAVAN

The Joint Director of Land Records (JDLR) has transferred my application to Assistant Director of Land Records citing section 6(3) of the RTI Act 2005. Whether transferring the application under Section 6(3) confirm that the information asked is certainly available.

Also is it necessary to write the name and address of the sender on the Postal order

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Prasad GLN

1.I am afraid that JD is not correct in transferring the application. I do not know, whether he has quoted that section or you are quoting that section. Sec 6 (3) stipulates transfer to another public authority, within same public authority i.e. land records, they just endorse and send application to concerned PIO as immediately as possible.

Mere transfer of application is not certain that information is available with other authority. It only suggests that they (JD)are not custodian of that record, and the other (AD) may be having that information.

2)It is not mandatory to write name and address of the sender but desirable to provide basic information that it is towards RTI fee for RTI Application dt...from............of.............(place) However, not writing the sender's name can not certainly disqualify the information or for rejection of application.

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Sunil Ahya

Practically speaking, you can wait for the second PIO to respond to your RTI Request.

 

Technically / Legally speaking section 6(3) cannot be invoked for an inter-departmental transfer of a RTI application, but it can only be invoked where the requested information is available with another Public Authority.

 

For example:

 

Transfer of a RTI application from Municipality to say Police.

 

But it cannot be invoked for transfer of a RTI application from one department of Municipality to another department of Municipality, it being one and the same public authority, but in that case the correct provisions to be invoked are section 5(4) read with section 5(5).

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RBCHAVAN

In another application dated 06/01/2018 under RTI 2005 to the Special Deputy Commissioner, the IPO Of Rs.10/- had date 28/12/2017 which was read by the Spl. DC as 26/01/2017 (national holiday) as it was unclear. The Spl. DC wrote to me on saying that the IPO was one year backdated and the State Bank of India has not accepted the IPO and to submit a fresh IPO. Earlier my first appeal was fixed on 16/02/2018 by letter dated 27/01/2018. The non acceptance of IPO was informed to me by letter dated 31/01/2018 which was received by me on 14/02/2018. Can the PIO give information and the FAA admit the appeal prior to the IPO being cleared by the bank.

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Prasad GLN

Just go to a post office that issued IPO and ask the validity period or search in google about validity period of IPO or make a call to SBI and inquire with them...The validity period of postal order is two years from date of issue, which can be revalidated by pasting postal stamp at appropriate place for further period of two years.

Avoid arguments with idiots and immediately send fresh IPO quoting validity period of postal order, the exact date on your IPO with such number reference circular to PIO. Even without RTI fee, they can provide information. Believe me that it can not stop First Appeal proceedings as PIO has not stated such reason in response to your application in writing.

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