Regarding collecting the information personally and fees

[dcostaclayton 0]

I had filed an rti with the registrar of cooperative society regarding information about our neighbouring society on 6 December 2016. I have now received a reply saying to collect the documents from the office on any working day after paying the required fees. However I had in the rti application mentioned to send me the necessary information by speed post. Also i have not been provided with the amount of fees to be paid.

I want to receive the information by speed post as i have to take leave to go to the office.

[Prasad GLN 1,761]

You can write the same in response to PIO's letter and request him to calculate and inform the amount actually to be paid and the mode of payment including postage. Make a copy to FAA. Specifically inform that you can not personally come and wants the documents by post.

[RAVEENA_O 529]

File First Appeal before the designated first appellate authority within 30 days from the date of decision of PIO on following grounds and prayers:

BRIEF HISTORY:

 

I have filed RTI application dated ....... before PIO of your public authority and sought following information:

 

[1]

[2]

[3]

 

PIO sent a communication dated ............ thereby asking the applicant to collect the information from his office, which is not in accordance with the provisions of RTI Act, 2005. Hence this appeal on following grounds and prayers.

 

GROUNDS: Section-7(3)(a) provides that the PIO shall send an intimation to the applicant giving details of further fees representing cost of providing information as determined by him, together with calculations made to arrive at the amount in accordance with fee prescribed under sub- section (1), requesting the applicant to deposit that fees, and the period intervening between despatch of said intimation and payment of fees shall be excluded for the purpose of calculating period of thirty days referred to in that sub-section.

 

In this case, the PIO did not supply documents within 30 days time and did not advise further fee required to be remitted by applicant for supply of information, but asked the applicant to collect the documents on any working day. PIO therefore failed to take a decision in accordance with the express provisions in RTI Act much less under Section-7(1) r/w 7(3),(a).

 

The PIO under the guise of supplying information, asked the applicant to attend his office for collecting information. There is no such provision to call the applicant to the office of PIO. The PIO thus failed to decision as per the provisions of the Act and failed to supply the information within stipulated time of 30 days. The appellant is therefore entitled to receive information free of cost in terms of section 7(6) of RTI Act.

 

PRAYER: Direct the PIO to supply the information sought by appellant in original RTI Applciation dated ..... free of cost within 10 days from the date of decision of this appeal.

[Prasad GLN 1,761]

By sending a reminder, you will be saving the First Appeal opportunity in case you are not satisfied with PIO information.

[dcostaclayton 0]

Thank you for such an early response however I wanted to know if the registrar of cooperative society does come under the rti act 2005 as some people have a different view on it.

[RAVEENA_O 529]

Registrar / Joint Registrar / Deputy Registrar are public authorities under RTI Act.

[dcostaclayton 0]

- - - Updated - - -

 

File First Appeal before the designated first appellate authority within 30 days from the date of decision of PIO on following grounds and prayers:

BRIEF HISTORY:

 

I have filed RTI application dated ....... before PIO of your public authority and sought following information:

 

[1]

[2]

[3]

 

PIO sent a communication dated ............ thereby asking the applicant to collect the information from his office, which is not in accordance with the provisions of RTI Act, 2005. Hence this appeal on following grounds and prayers.

 

GROUNDS: Section-7(3)(a) provides that the PIO shall send an intimation to the applicant giving details of further fees representing cost of providing information as determined by him, together with calculations made to arrive at the amount in accordance with fee prescribed under sub- section (1), requesting the applicant to deposit that fees, and the period intervening between despatch of said intimation and payment of fees shall be excluded for the purpose of calculating period of thirty days referred to in that sub-section.

 

In this case, the PIO did not supply documents within 30 days time and did not advise further fee required to be remitted by applicant for supply of information, but asked the applicant to collect the documents on any working day. PIO therefore failed to take a decision in accordance with the express provisions in RTI Act much less under Section-7(1) r/w 7(3),(a).

 

The PIO under the guise of supplying information, asked the applicant to attend his office for collecting information. There is no such provision to call the applicant to the office of PIO. The PIO thus failed to decision as per the provisions of the Act and failed to supply the information within stipulated time of 30 days. The appellant is therefore entitled to receive information free of cost in terms of section 7(6) of RTI Act.

 

PRAYER: Direct the PIO to supply the information sought by appellant in original RTI Applciation dated ..... free of cost within 10 days from the date of decision of this appeal.

 

Thanks for your reply however wanted to confirm that 30 days have not yet elapsed also Section-7(1) r/w 7(3),(a) it only states that the requisite fees need to be deposited which they would want me to deposit the fees in person.

 

- - - Updated - - -

 

Registrar / Joint Registrar / Deputy Registrar are public authorities under RTI Act.

 

Thanks for the reply will file my FAA.

[Prasad GLN 1,761]

If you have time for first appeal, go for reminder to PIO, so that you can stress on the reminder while filing first appeal within 30 days period. Against FAA takes minimum of 45 days and if he agrees with PIO, you have to wait for another 18 months for final decision. Explore to get information at the earliest, atleast by deputing your friend or relative instead of endless waiting, if the information is important or urgent.

[RAVEENA_O 529]

You can send such communication to the PIO. However, there shall be no fruitful purpose in writing back to the PIO. PIOs are well aware of the correct practice in taking decision and advising further fee, including postage wherever is required. PIOs of certain Public Authorities resort to such practice only to deny information when the applicant call on them. Object is to identify the person and weigh his standing, based on which they take a decision. There is no harm in doing so. However, simultaneously file first appeal also.

 

An appeal clearly lies against the decision on further fee as can be seen from section-7(3)(b) of the Act. The present appeal shall be with respect to the present decision of PIO for the cause of action arising out of further fee - not calculating and advising to the appellant in terms of Sec-7(3)(a). In case, later on if you are not satisfied with the information supplied, then, based on PIO's further communication supplying information, for that cause of action, you can file first appeal against that decision of PIO.

 

If 30 days are not over, modify the grounds and prayers suggested in Post No.3 accordingly.