Limit to seek info on 4(1)(b)
Arka Foundation
(Querist) 18 September 2011
This query is : Resolved
A RTI application on 4(1)(b)was filed to Public Authourity without specifing any period.
i.e no dates[particular period] were mentioned in applicaiton for the information asked.
Que'n:
- Can i expect the PIO's reply on 4(1)(b)for the current year 2011- 2012. As such, no dates given.
- It is mandatory to give specific date when we file an application U/s 4(1)(b).
Chanchal Nag Chowdhury
(Expert) 18 September 2011
Time is fixed in the Act itself. U need not worry on that score.
Raj Kumar Makkad
(Expert) 18 September 2011
Chanchal! It is not good to reply a query without understanding it.
AF! Why public authority should derive a meaning of current year over your application if you have not given specification of your desired information?
It is necessary to mention period for which you require demanded information. You may correct your application even on today.
Sailesh Kumar Shah
(Expert) 18 September 2011
Dear AF
You are quoting wrong section of the Act.
Section 4(1)(b) says about every public authority shall publish within one hundred and twenty days from the enactment of this Act various information as stated in 4(1)(b)(i) to (xvii).
Sailesh Kumar Shah
(Expert) 18 September 2011
Extract of Section 4 (1) (b):-
4. (1) Every public authority shall—
a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
b) publish within one hundred and twenty days from the enactment of this Act,—
(i) the par ticulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed; and thereafter update these publications every year;
mahendrakumar
(Expert) 19 September 2011
as Mr.Makkad rightly pointed out,unless you specify the period for which you need information,how can some one guess it provide.
file another rti suitably incorporating the requirements.
Sailesh Kumar Shah
(Expert) 19 September 2011
Mr. Mahendrakumar
Author is quoting wrong section.please go to my post.
Raj Kumar Makkad
(Expert) 19 September 2011
It is immaterial whether wrong section has been mentioned or not. Question is lapse on the part of applicant to mention period for which he requires information. He can amend his application as on today. Mentioning of wrong section is not a point.
Sailesh Kumar Shah
(Expert) 19 September 2011
Ok Makkad sir.
Information sought under the RTI Act is mandatory to give within 48 hours or 30 days,as the case may be. If information is not provided by PIO, then you should file appeal u/s 19 of the RTI Act.
mahendrakumar
(Expert) 19 September 2011
Mr.Shailesh,I too noticed error in section. however,"period of information" was more important.
If PIO has not already replied or the time limit to provide answer is not over,one can amend the rti application. Otherwise making a fresh application is the remedy as suggested by me.
Guest
(Expert) 19 September 2011
Probably, Experts Chanchal, Shailesh and Mahendra Kumar have misinterpreted the spirit of the question.
The question intends to communicate whether the non-mention of the period to which the desired record/information pertains can make the PIO to supply the desired information or not merely on his presumption basis?
Guest
(Expert) 19 September 2011
Dear A.F.
Needless to mention that without specifying the period to which the specific record pertains, you cannot expect the PIO to presume and supply. On supply of such record, say for the year 2009-10, the applicant would have the grievance that wrong information has been supplied by the PIO against the desired information for the period of 2011-12.
Alternatively, if the PIO supplies the record for the period from 1991 to 2011-12 and the applicant has to pay hudge sum of amount in liu of that, again the applicant will have the grievance that he has been overcharged extensively, while he was in the need of record pertaining to only 2011-12.
So, the information, if not supplied against that item with the reason of non-mention of period the PIO cannot be held responsible for non-supply, wrong supply, short supply or over-supply of the information.
So, it is better to send rejoinder/ supplementary application with necessary amendment within a reasonable time before the information is supplied.
Arka Foundation
(Querist) 19 September 2011
Dear All,
ThanQ for making me very clear on this post.
