Days to reply

[iVijayC 0]

I filed a RTI application in a Public Authority of Rajasthan.

 

Date of Application: 08.04.2015

Date of Receiving by PIO: 13.04.2015

Date of Reply by PIO (for FEE) : 16.04.2015

Date of Sending Fee: 29.04.2015

Date of receiving information: Still didn't!

 

I am having following queries, Kindly guide:

 

1. '30 Days to reply' : The initial date will be calculated on the basis of date of application or date of payment? Should I go for FAA in my case?

 

2. Different receiving date:

The PIO wrote me 13.04.2015 as receiving date of application, but Indian Post send me successfully delivery message of speed post on 9.04.2015. Then why PIO is mentioning different date?

 

3. Mode of post:

I received response of major RTI applications through speed/reg. post, but PIO of this department sent me through normal post. Is there is any rule for this?

[MANOJ B. PATEL 21]

Dear member,

 

1.

'30 Days to reply' : The initial date will be calculated on the basis of date of application or date of payment? Should I go for FAA in my case?

 

30 +5 days should be calculated from the date PIO received the RTI application. In your case PIO is under obligation to provide you required information before 16.5.15 +5 days i.e. 21.5.15. But he did not provide information. So you are entitled to get information free of charge and to get back further fee deposited by you on 29.4.15. Kindly file First Appeal within stipulated time limit.

 

2.

Different receiving date:

The PIO wrote me 13.04.2015 as receiving date of application, but Indian Post send me successfully delivery message of speed post on 9.04.2015. Then why PIO is mentioning different date?

 

Generally Registry branch receives the incoming posts from outside so your application which might be handed over to the PIO on 13.4.15.

 

3.

Mode of post:

I received response of major RTI applications through speed/reg. post, but PIO of this department sent me through normal post. Is there is any rule for this?

 

There is no any specific rule.

 

Dear member, moreover, kindly refer to following link for guidance in drafting First appeal.

 

http://www.rtiindia.org/forum/attachments/blogs/attachment2213d1238128598-first-appeal-state-govts-first-appeal-state-info-doc

[D.T.RATHAVA 0]

Dear member

 

if now even you get reply by PIO you are entitled to return the amount of the deposited further fee

[RAVEENA_O 530]

1. '30 Days to reply' : The initial date will be calculated on the basis of date of application or date of payment? Should I go for FAA in my case?

 

[A] Date of receipt of RTI Application by PIO is 09.04.2015

Date of decision of PIO for further fee is 16.04.2015 : 8 days

[C] Date of remittance of further fee 29.04.15 : (-13 days)

[D] Due due for supply of information : 21.05.2015. (add 22 days to 29.04.15)

 

PIO is required to supply information within 30 days. The period intervening between the despatch of the further fee intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days. 8 days from [A] to and 22 days from [C] is 21.05.15.

 

Thus PIO was supposed to supply information by 21st May 2015. Therefore you are entitled to receive information free of cost in terms of Sec-7(6) of the Act.

 

2. Different receiving date:

The PIO wrote me 13.04.2015 as receiving date of application, but Indian Post send me successfully delivery message of speed post on 9.04.2015. Then why PIO is mentioning different date?

 

Date of delivery of the postal article to the office of PIO is to be taken as actual date of submission of RTI Application. You may take out a delivery report from India Post speed post tracking web site and place on record.

 

3. Mode of post:

I received response of major RTI applications through speed/reg. post, but PIO of this department sent me through normal post. Is there is any rule for this?

 

There is no specific provision. However, there are CIC decisions to send communications by Regd post. (Not binding on SICs). This is done only to dispatch back-dated decisions / replies. In any appeal case, the onus lies on the PIO to prove that he has sent the communication within time limit.

[MANOJ B. PATEL 21]

R/Modrator,

Kindly make a correction in date as by mistake i mentioned different date. Sentence is reproduced below.

 

"In your case PIO is under obligation to provide you required information before 16.5.15 +5 days i.e. 21.5.15."

 

Correct date is 13.5.15 + 5 days i.e. 18.5.15 in stead of 16.5.15 + 5 days i.e. 21.5.15.

 

Weather PIO received said RTI application on 9.4.15 or on 13.4.15 it is a subject of verification from dispatch book of registry branch of concerned office. It is true that Indian Post dept. shows successfully delivery message of speed post on 9.04.2015 but it does not mean that speed post was received and acknowledged by the PIO him self. In most of the offices clerk of registry branch receives the incoming posts and as per office procedure registry clerk note down it in Inward Register. After this procedure the posta are delivered to concerned employees/PIO. This is routine procedure in most of govt. offices and it takes 1 or two days if no holidays come in between otherwise it takes 3,4 days.

[RAVEENA_O 530]

[1] Speed Post indicate date of delivery only a few hours after actual delivery - when the postman return to the post office and make entry on system.

 

[2] Date of delivery of the article in PIO's office is the date of submission of the RTI application to the PIO. There is no provision in RTI Act to count days for delay in putting up the Application before PIO. The day starts from the date of delivery of RTI Application / Speed Post to the PIO. It is for the public authority to make necessary arrangement to dispose off RTI Applications expeditiously.

 

[3] Thread Starter has been advised to take a print out of the delivery report of the article in question for his record in order to avoid future disputes by the PIO / FAA.

[Prasad GLN 1,810]

Ignore all the above calculations (as it may confuse new comers) are take only last date of sending RTI fee 29-5-15 receipt date and assume date of receipt as 4th Jun, 15.

Wait till 5th Jun, 15 and in case of no response file first appeal

Grounds for Appeal: Even after demanding and receipt of prescribed fees PIO has neither provided information nor denied information within 30 days, treating the information as deemed denial, this first Appeal.

PRAYER: Please direct PIO to provide the information as expeditiously as possible

 

(Now what are these fees - Copying fees ? or Application fees ? Has he given calculation and are you satisfied that entire information as certified copies were shown in such letter ? For future reference in 30 days stipulated time calculated the days from demanding fees and actual receipt by PIO must be deducted. Focus on information, though it is a bit delayed, and wait for minimum 40 days from date of filing your Application, and then only file first appeal before FAA. Even if you do not know the address, file first appeal to the address of PIO with a request to him to send first appeal to concerned FAA)

[MANOJ B. PATEL 21]

PIO is not responsible for the delay in delivery of RTI application to him which occurred due to office arrangements. When PIO receives it from registry branch through post dispatch book on particular date, he signs in dispatch book as an acknowledgement.If in future any question arise during hearing in Commission PIO will defence himself by mentioning the date of post dispatch book.

[koteswararaonerella 8]

you had sent fees on 29-04-2015, if it through IPO,it will generally take 3-4 days for receipt which will be 3rd may and in all probabilities you should get the reply by 10-06-2015 taking the postal delay. as the time of 30days u/s-7(1) starts from the date of receipt of fees.

[RAVEENA_O 530]

When the RTI Application is addressed to Public Information Officer, it is the PIO's office that receive the application. The counting of day starts from the date of delivery of RTI application to his office and not from the date the RTI Application is put for taking a decision. When limitation is prescribed for performing a statutory obligation, each day counts from the date of delivery of RTI application to the office of PIO, who is the addressee. Statutory provisions cannot be substituted by internal procedures.

[iVijayC 0]

Bit' confused.

 

By the way Thanks a lot for your guidance Raveena Ji, Koteswararaoneralla Ji, Patel Ji & Prasad Ji.

 

Will give a one more read of your all replies with copy and pen.

 

One more, I sent a mail to that Public Authority asking whether PIO dispatched information or not. Again, No reply yet!

[RAVEENA_O 530]

you had sent fees on 29-04-2015, if it through IPO,it will generally take 3-4 days for receipt which will be 3rd may and in all probabilities you should get the reply by 10-06-2015 taking the postal delay. as the time of 30days u/s-7(1) starts from the date of receipt of fees.

@koteswararaonerella

 

This contention is totally wrong. The provisions of Section-7(3)(a) is reproduced below for your information.

 

(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—

(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub- section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

Thus, the limitation starts from date of receipt of RTI Application at the office of PIO, but the intervening period between dispatch of further fee intimation to the date of payment of fee shall be excluded for calculating 30 days for supply of information.

 

[Prasad GLN 1,810]

Mr ivjayaC

 

Yes Sir. Too many replies to understand a simple matter is confusing and that what I have stated in my reply, stick to basics only and do not try to consume spicy pickle on the day of "Annaprasana" (Ceremonial first food giving ceremony for child)