Information through electronic media under rti act
prasanta kumar parida
(Querist) 22 September 2011
This query is : Resolved
ACCORDING TO PROVISIONS UNDER RULE 4 OF RTI RULES ' THE CITIZEN SEEKING INFORMATION THROUGH ELECTRONIC MEANS HAS TO SUBMIT EVIDENCE REGARDING DEPOSIT OF PRESCRIBED APPLICATION FEES, BUT RULE OF THE RIGHT TO INFORMATION(REGULATION OF FEE AND COST) RULES ' A REQUEST FOR OBTAINING INFORMATION UNDER SUBSECTION 1 OF SECTION6 OF RTI ACT SHALL BE ACCOMPANIED BY AN APPLICATION FEE OF RS.10/- BY WAYB OF CASH AGAINST PROPER RECIEPT OR BY DEMAND DRAFT OR BANKERS CHEQUE OR INDIAN POSTAL ORDER PAYBLE TO aCCOUNTS OFFICER OF THE PUBLIC AUTHORITY. BUT FOR AN APPLICATION SEEKING INFORMATIONTHROUGH ELECTRONICAL MEANS NONE OF THESE MODES ARE COMPATIBLE, THEN AS IT IS ACCEPTED IN RAJSTAN WHY AN APPLICANT SHALL NOT BE GIVEN LIBERTY TO DEPOSIT THE REQUIRED FEES BY ADOPTING THE MEANS OF MONEY TRANSFER TO THE ACCOUNT OF THE PUBLIC AUTHORITY.
Advocate Rajkumarlaxman
(Expert) 22 September 2011
the other end should also have the relevant mode, which seems to be difficult at present. but as stated that will also be there and will exists in the near future.
mahendrakumar
(Expert) 22 September 2011
based on the rti act 2005,every state has its precribed format/norms.
unless the concerned state modify the same,one has to follow it.
movement by Karnataka in this connection is praise worthy,as they are going to introduce a Tele RTI,ie a person can call a prescribed phone no. and make the complaint and his/her complaint would be registered and a token no.would be given. the requisite fees of Rs.10 as well as any additional charges would be added to the telephone bill. The scheme is in the process of final stage.
Let us hope others to follow similar initiatives.
R.Ramachandran
(Expert) 22 September 2011
Yes. I fully agree with the explanation offered by Mr. Rajkumar. It should be remembered that most of the Government Departments do not have the facility to accept the payment in electronic mode. Yes, after some time, such a facility may come.
K.S.Srinivas
(Expert) 22 September 2011
The facility as requested by the queriest can also be provided by the respective state governments.
prasanta kumar parida
(Querist) 22 September 2011
WHAT CAN BE DONE, IF STATE GOVT. HAS NO INTENTION TO BRING A LAW LIKE RAJSTAN, TO PROMOTE THE AIM & OBJECTIVE OF RTI ACT/MOVEMENT?
R.Ramachandran
(Expert) 22 September 2011
At best you can make representation and wait for their positive action. Nothing more.
Sailesh Kumar Shah
(Expert) 22 September 2011
I am member of www.rtiindia.org
Some days before,i was informed by above mentioned site that Rajasthan to soon have facility for filing RTI appliacation and pay fees online.
Visit following link:
http://www.rtiindia.org/forum/79920-rti-improvement-rajasthan-you-can-now-file-rti-application-online.html
prasanta kumar parida
(Querist) 22 September 2011
MANY MANY THANKS MR. SAHA FOR YOUR KIND SHARE OF KNOWLEDGE, BUT WHERE IS THE EXPERT DHINGRA & PRABHAKAR, WHOSE NAME IS NOW ENTERED IN THE HALL OF FAME OF EXPERT
Sailesh Kumar Shah
(Expert) 23 September 2011
Dear Prasanta
Its not possible to every expert appears online 24x7. Dhingra Sir and Prabhakar Sir have vast knowledge of Law then me.
prasanta kumar parida
(Querist) 23 September 2011
but both of them are totally silent when an important discusion on rti nact is going on, so what is the purpose of being more knoledgeable if it is not shared ?
Sailesh Kumar Shah
(Expert) 24 September 2011
Dear Prasanta
please check:-
more than 2500 Queries answered by PS Dhingra Sir. please check at
http://www.lawyersclubindia.com/experts/experts_profile_complete.asp?member_id=98620
after reading only some query answer,you would understand that he have vast knowledge of law.
Sailesh Kumar Shah
(Expert) 24 September 2011
Dear Prasanta
please check:-
more than 3500 Queries answered by Prabhakar Sir. please check at
http://www.lawyersclubindia.com/experts/experts_profile_complete.asp?member_id=118384
After reading only some query answer,you would understand that he have vast knowledge of law.
prasanta kumar parida
(Querist) 24 September 2011
MR. SAILESH ARE YOU THE SPOKEPERSON OF MR. DHINGRA &MR. PRAVAKAR? I THINK BOTH OF THEM ARE EITHER IGNORANT ABOUT RTI LAWS OR OF THE OPINION THAT, SHARING OF THEIR KNOWLEDGE IS LIKE 'SEARCHING A MOLE BY REMOVING A MOUNTAIN'IF MY PERCEPTION IS TRUE THEN MR. PRAVAKAR SHOULD NOT BE SELECTED FOR THE HALL OF FAME AS INDICATED BY LAWYERS CLUB OF INDIA. I KNOW IT IS A VOLUNTARY WORK WITHOUT ANY FEES BUT IN SOME CASES THEY ARE VERY MUCH INTERESTED AND IN SOME CASES BOTH ARE TOTALLY MUM.WHY?
Guest
(Expert) 24 September 2011
Dear Prasanta,
First of all, thanks for remembering me and considering me worth any guidance.
BUT, with due apology, before I provide some answer to your problem, I must not refrain from expressing my strong feelings here about your last post you addressed to Shri Shailesh Kr. Shah. To be frank, I don't think the way of your reaction towards his answer was justified. Both you and Shri Shailesh Kumar are respectable to me, like other members of the forum.
In fact none of us can be expected to be a spokesman for some one else at this forum. For example, if I respect you on account of your knowledge, which can benefit me and other members of the community, and I just happen to make some reference about that in this forum that would not mean I become your spokesman. Similarly, if Shri Shailesh Kumar has made some mention about my contributions, he has done nothing wrong. Definitelym he would have thought to help you, if you could find any solution out of my past replies on the topic. You would like to appreciate, he could even refer to your contributions also to help me. You would like to appreciate that this is a knowledge sharing forum. ONE MORE THING (if you don't mind): Probably you would like to agree with me, any advice, opinion, views, guidance, help or suggestion is sought by way of request, not by command or right. You may probably like to review the words you used, e.g., "BUT WHERE IS THE EXPERT DHINGRA & PRABHAKAR?" Do you feel such a language was appropriate in your views for seeking the any help or guidance from any one?
In fact, I have just come across your post and knew about what you feel about my absence. You would also like to appreciate that every member of this community is trying to contribute his knowledge by sparing his maximum possible time just for the benefit of the members of the community. BUT, neither they can be expected to always keep on watching, nor it is possible to post reply on every query appearing on this site by leaving their all other routines. I FEEL, IT IS NOT POSSIBLE TO SEE OR KEEP TRACK OF EACH AND EVERY QUESTION BY ANY EXPERT.
The other drawback is that on each day, only current questions of the day are communicated by the LCI to the experts, but NOT each of the query appearing on any past day.
HOWEVER, if you preferred to attract my attention towards your problem for help, you could well have referred the link through PM to me, as some of the other advocates prefer to do to invite my attention on some of their problems. Definitely, you would have been welcome and I would also have the opportunity to view your question on priority basis.
NOW ABOUT YOUR QUESTION:
I appreciate that you have referred quite a burning problem that needs immediate solution and an appeal also was filed (16-1-2007) by some person with the CIC against the DOPT about the remittance problem through electronic means and non-receipt of information.
The remedy provided through the CIC judgment on 15-2-2008 was also not very noteworthy, as the CIC merely instructed the DOPT to consider the request of the applicant seriously about acceptance of payment through credit card and grant receipt before taking a decision. I have not yet seen any permanent solution to the problem. The order part of the judgment is therefore reproduced below for your guidance. IN FACT WE CANNOT CONSIDER THAT AS A REAL SOLUTION TO THE PROBLEM, AS NO OTHER DEPARTMENT SEEMS TO HAVE BEEN ADDRESSED ON THAT ISSUE.
EXTRACT FROM JUDGMENT:
"Nevertheless, under the authority vested in us in section 25(5) of the RTI Act this Commission recommends for the consideration of the DoPT, means of bringing the practice of receipt of application into greater conformity with section 6(1) of the RTI Act, through the fullest use of electronic means. Thus, the request of applicant Shri Agrawal in 1st appeal cited above may be examined seriously, with all aspects being considered including reliability of systems at present in place for payment by credit cards, before taking a decision on this subject."
NOW ABOUT THE BACGROUND OF THE PROBLEM, WHY THE GOVERNMENT IS NOT ABLE KEEP PACE WITH THE PROVISION OF ELECTRONIC APPLICATION:
Cuurent Accounts of each Government Department are kept by the RBI or the SBI on behalf of the RBI. None of the departments have their individual operational miscellaneous receipt/payment account to be operated on electronic basis or to accept payment through Credit Card or by electronic transfer and to keep track of any receipt entry, except when communicated to them through periodical bank scrolls by the RBI/SBI, that too without any voucher or application detail.That is just for making bank reconciliation and classification purposes in deifferent heads of account by their own accounts departments. Except in the case of any doubtful/fraudulent payment entries appearing in the bank scrolls, the concerned section or branch of the department never comes to picture at any time or is contacted, and all reconciliation is made, as based on the entries appearing in the Accountant's cashbook, ledger, cheques issued, and remittance advices.
So, that way, no arrangement has so far been made by the Government of India for receipt of application money of 10, as unless Controller General of Accounts of India devises some common procedure of acceptance of the RTI application money in consultation with the RBI, the problem is likely to persist.
HOWEVER, if you agree, I would like to advise you to better take the same route of the RTI and shoot an application only to the CIC to ask what arrangement has been made to accept the application money and the fee for the documents through electronic means.
HOPE YOU WOULD BE SATISFIED WITH MY REPLY. HOWEVER, IF YOU STILL DESIRE ANY MORE INFORMATION, YOU ARE WELCOME.
Guest
(Expert) 24 September 2011
Dear Shailesh,
I feel sorry for some unwarranted remarks by a worthy member of the community on account of pointing out towards my contributions.
Sailesh Kumar Shah
(Expert) 24 September 2011
PS Dhingra Sir
There is no need to say sorry. I respect you. I always learned something from you.
Guest
(Expert) 24 September 2011
Dear Shailesh,
Thanks for your response, but I felt bad about the words used for you by the respectable member.
prasanta kumar parida
(Querist) 24 September 2011
RESPECTED DHINGRA SAAB, I AM NOT AN ENGLISH MEDIUM EDUCATED PERSON FOR WHICH I BEG MY SINCERE APOLOGY TO YOU IF ANY WORDING OR SENTENCE WRITTEN ME HAS HURT YOU. BUT IF YOU CAN RECALL MY COMMENTS YOU CAN KNOW THAT, I HAD NEVER INSULTED EITHER YOU OR YOUR KNOWLEDGE. AFTERALL WE ARE LEARNED BROTHERS AND IT IS NOT A COURT ROOM BUT A PLATFORM TO SHARE OUR KNOWLEDGE. IF I HAD COMMITTED ANY MISTAKE IT IS DUE TO MY OWN HANDICAPPED CONDITION WHICH PREVENTING ME TO RUN TO A POST OFFICE TO OBTAIN IPO OR TO A BANK TO OBTAIN A DRAFT OR BANKERS CHEQUE. SINCE MY LOCOMOTIVE DISSABILITY I HAVE CONVERTED MY PROFESSION OF ADVOCACY 'WHERE I WAS FIGHTING FOR THE VICTIM OF THE SOCIETY OR THE LAWS MADE BY SOCIETY' I HAVE OPTED TO BE AN RTI ACTIVIST AND TO SEEK INFORMATION JUST BY SITTING BEFORE MY DESKTOP. FURTHERMORE IF IN SOME OF THE STATES LIKE RAJSTAN HAS ALLOWED TO SEEK INFORMATION THROUGH ELECTRONIC MEDIA, WHY CENTRAL GOVT. & OTHER STATES SHOULD NOT PROVIDE EQUAL FACILITIES TO THE CITIZENS OF INDIA LIKE ME TO SEEK INFORMATION WITHIN FOUR CORNER OF A CENTRAL LEGISLATION LIKE RTI ACT? PLZ. CONVEY MY SINCERE APOLOGY TO PRAVAKAR SAAB. LET US SHAKE OUR HAND LIKE TO DIGNITARIES OF INDIA
Guest
(Expert) 24 September 2011
Dear Prasanta,
Sorry to know about your handicapped position. I knew that you never intended to hurt, but needed the information badly. My intention was also just to point out humbly, that if any memeber does not happen to see any query and he is required to share some knowledge, he can also be reminded through PM.
Anyway, I hope, I had tried to share my knowledge through my earlier post, to whatever extent I had.
I am fully aware of the plight of common folks when they have to face odds where the Government enacts something and make rules, but does not make proper arrangements in consonance with such law or Rules.
Anyway, you are welcome anythime, if you feel the need of my assistance. I would be quite pleased to share my knowledge, if I have on the topic you seek.
Guest
(Expert) 24 September 2011
Dear SKJADV,
If you feel I was enjoying the misries of others, you could well have extended help in solving the problem of Shri Prasanta in stead of criticising others. Even on this thread your reply is just intended to insult me out of irritation and jealousy against me. Anybody can judge, your post was not to provide any solution but to insult me, as your answer is quite irrelevant with reference to the query. On the other hand I tried to provid the information to the best of my knowledge.
Of course, your miseries have been becoming a cause of enjoyment not only for me but also for several others, when you provide wrong and mischievous advice, misinterpret or unable to interpret any term, or you are unable to answer any query, if asked even on your own questions, like you never gave any reply to any of my questions put to you on the following links:
http://www.lawyersclubindia.com/experts/laywer-harrasing-and-threatening-me-and-my-wife-trying-to-extract-money-un-nessary--210496.asp
http://www.lawyersclubindia.com/experts/DIRECTORY-OF-EXPERTS-PRACTITIONERS-212686.asp
http://www.lawyersclubindia.com/experts/Members-s-misuse-of-ANONYMUS-OPTION-215711.asp
http://www.lawyersclubindia.com/forum/details.asp?mod_id=41959&offset=1
prasanta kumar parida
(Querist) 25 September 2011
THANKS MR. DHINGRA FOR FORGIVING ME,NOTHING MORE IS REQUIRED FROM SUCH A SENIOR MEMBER OF THIS CLUB WHO HAS OPENED THE DOOR OF HIS KNOWLEGE BANK FOR A PERSON LIKE ME.
Guest
(Expert) 25 September 2011
Dear Prasanta,
I am obliged and pleased to note that you have no bad feeling about me.
mahendrakumar
(Expert) 27 September 2011
I regret to note that nobody had commented about a new proposal being worked(details mentioned above) out at Karnataka for the solution for the above issue.
Guest
(Expert) 27 September 2011
Dear Mahendra Kumar,
What sort of comments did you expect on a matter which is still on the proposal stage of a Government?
Further, even if the proposal is accepted within the Government circles, unless the State makes arrangement and prescribes modalities in consultation with all the Tepephone companies working in the state to accept the arrangement, the scheme would not be implemented, even if a single telephone company refuses to work on the plan proposed by the state.
So, let news item remain as news item, as the politicians moot several such proposals to gain cheap popularity, as an election stint. Only a very few get implements that too after several years of proposal. In seventies, Indira Gandhi gave a slogan for his party and Government for Garibi Hatao (Eradicate Poverty), but even after about 40 years, the Garib's (the poor people) have been on increasing trend, but the poverty has not been eradicated. Now the Government does not consider a person with income of 32 as a poor man, but the Government has not come out with any solution how a person after spending 32 on purchasing 250 grams of peas or alternatively a 1/2 KG of some other vegetable should arrange for all other essential foodstuff for his livelihood? Such are the types of solutions provided by the Government to the public when they remain busy in settling personal scores with the other party members.
So, any proposal has nothing to do with practical life till brought to implement stage.
mahendrakumar
(Expert) 28 September 2011
dear Dhingraji,
please read the details. the scheme is on the verge of implementation at karnataka.
I have brought the issue here for the notice of all rti activists,so that the scheme could be implemented in other states as well as with due pressure.
As reported by Deepa Kurup in thehindu.com on 17 Sep 2011:
http://www.thehindu.com/news/states/...cle2459994.ece
Soon, information under RTI on phone
Seeking information under the Right to Information (RTI) Act is all set to get easier. Adding a “smart” layer to the process of applying for information, the Karnataka Government has decided to set up a business process outsourcing centre to handle all applications, enquiries, and even billing.
Streamlining the entire process through a website and a call centre, this project, which is pending Cabinet approval, will simplify the current application process where people are required to visit individual departments to procure information. The contract for the project, which will be executed through a public-private partnership, has been awarded to CMC Ltd., an IT solutions firm, which is a subsidiary of Tata Consultancy Services.
“The details of the project have been worked out. Once it is approved by the Cabinet, we hope to roll out the service in a few months,” said M.N. Vidyashankar, Principal Secretary, Department of e-Governance.
Karnataka will be the second State to implement such an initiative, following Bihar which introduced ‘Jankaari' in 2007. The project, which, in 2008-09, won the national e-governance award for “outstanding performance in citizen service delivery”, has been moderately successful and has managed to simplify the process of applying, experts say.
When Bihar implemented the project, activists hailed this as a significant step towards strengthening the RTI Act by making it accessible in rural areas. As Mr. Vidyashankar explains, for a person living in rural Karnataka, the cumbersome commute to the district headquarters or to the public information officer will replaced by a simple phone call once the project is implemented.
HOW IT WORKS
The process is simple. The company that handles the call centre will take calls, which include both applications and general enquiries on how to file an RTI application, or the status of your application. The call will be a premium one, where the cost of the RTI application will be charged on your phone bill. The Government will collect the bill, which can even include the cost of providing information depending on the materials requested, from the service provider.
Currently, top sources in CMC said, partnerships had been established with two telecom service providers, and more deals were in the pipeline.
Those who apply online could use credit cards to make payments, a CMC official said.
After the application is entered into the database, a token number is issued to the applicant for future reference. The application is then sent to the department concerned. All the other rules that apply to seeking information under the RTI Act remain unchanged. Follow-ups on application status and grievance redressal would also be done through this call centre, an official said.
Currently, the company plans to employ around 15 people to attend to calls for around 12 hours a day. “As a project that has tremendous social benefits, we are interested in also establishing a model that is replicable and scalable so it can be emulated across the country,” the official added.
Guest
(Expert) 28 September 2011
Dear Mahendra Kumar,
Sorry to say, I believe only in the present. Future is always uncertain. Let the scheme start and establish its footing firmly. So, it is useless to comment on any uncertain thing.
Even your report says, except with two telecom service providers, more deals are still in the pipeline.
Still further, the scheme is yet to get approval of the cabinet.
The need of any information seeker under RTI is in present day not to wait until some uncertain and indefinite future.
