MUMBAI PORT TRUST
GENERAL ADMINISTRATION DEPARTMENT
COMPLIANCE OF RIGHT TO INFORMATION ACT, 2005
Frequently Asked Questions (FAQs)
1. |
How
to apply ? Any citizen desirous of obtaining information may apply to the concerned Central Public Information Officer (CPIO) on plain paper preferably in the format given in Annexure A, together with an application fee. If the format is different from Annexure A, same shall be accepted as valid and necessary action taken for providing the information sought An applicant who is ‘below poverty line’ shall be provided the information sought without recovery of any fee. Such applicants shall, however, submit documentary proof, such as self attested photo copy of ration card, along with the application. |
||||||||||||||||||||||||||||||||
2. |
How
to make payment of application fee ? An application fee of Rs.10/- by Demand Draft or Banker’s Cheque or Indian Postal Order drawn in favour of the ‘Financial Adviser & Chief Accounts Officer, Mumbai Port Trust’ and payable at Mumbai is required to be submitted alongwith application. Alternatively, the application fee of Rs.10/- may be paid by cash in the Cash Office on the Ground floor of Port House, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001 and the receipt in original, attached to the application. |
||||||||||||||||||||||||||||||||
3. |
How the submitted application is further processed ? If
the application is without the prescribed application fee, the applicant
may be advised to make payment of the application fee. Similarly, if the request for information is vague or
incomplete, the applicant may be advised suitably to make the
application in the prescribed format (copy of which may be made
available free of cost) or specify the information required.
|
||||||||||||||||||||||||||||||||
4. |
Which information can be provided to applicant ? 4.1 The Central Public Information Officer is NOT bound to provide the information sought:
4.2 The
Central Public Information Officer shall also assess as to whether the
information sought -
(i)
concerns the life or liberty of the applicant; or (ii)
is held by another public authority; or (iii)
is more closely connected with the functions of another
public authority; or (iv)
relates to or has been supplied by a third party, who has
treated it as confidential. 4.2.1
In case of (i) at para. 4.2 above, the Central Public Information
Officer shall provide the
requisite information within 48 hours. 4.2.2
In case of (ii) & (iii) at para. 4.2 above, the
Central Public Information Officer shall transfer the application to the
concerned public authority and inform the applicant about such transfer
within 5 days of receipt of the application, as per format at Annexure
‘B’. 4.2.3
In case of (iv) at para. 4.2 above, the Central Public
Information Officer shall give a written notice to such third party,
within 5 days of receipt of the application, of the request and invite
him to make a submission, as to whether the information sought should be
disclosed or not. The
Central Public Information Officer shall consider the submission, if
any, made by that third party within 10 days of issue of the notice,
before taking a decision about disclosure of the information to the
applicant. In case the CPIO
decides to part with the third party information in spite of the
objection raised by the third party, he may give a notice to the third
party of his decision to part with the said information, clearly
indicating to the third party that he is entitled to prefer an appeal to
the First Appellate Authority within 30 days.
The CPIO shall furnish, subject to the orders of the first
appellate authority, if any, the third party information to the
applicant within 40 days of the receipt of the RTI application.
The
Central Public Information Officer shall obtain the requisite
information as expeditiously as possible and furnish the same to the
appellant or reject the
request for the reasons specified at para 4.1 above. |
||||||||||||||||||||||||||||||||
5. |
How
the amount of further fees is calculated ?
The
Central Public Information Officer shall
assess the amount of further fees that has to be collected from
the applicant on the basis of the following: (a)
Rupees two for each page (in A-4 or A-3 size paper) created
or copied; (b)
Actual charge or cost price of a copy in larger size paper; (c)
Actual cost or price for samples or models; (d)
For information provided in diskette or floppy, rupees
fifty per diskette or floppy; (e)
For information provided in printed form at the price fixed
for such publication or rupees two per page of photocopy for extracts
from the publication; and (f) For inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour or fraction thereof. |
||||||||||||||||||||||||||||||||
6. |
How the intimation is sent to applicant ? The
Central Public Information Officer shall send intimation to the
applicant in the format given in ‘Annexure C’ informing him of the
amount of further fees, computed in terms of fee structure mentioned at
(5) above, for the supply
of information, clearly indicating that he is at liberty to prefer an
appeal to the First Appellate Authority, if he feels that the fees
sought are on the higher side.
On receipt of the further fees, the Central Public Information
Officer shall furnish intimation to the applicant at an early date and
in any case within thirty days of receipt of the application.
However, the period intervening between the issue of the
communication referred to at (5) above and receipt of the further fees
shall be excluded for the purpose of calculating the period of thirty
days.
Where it has been
decided to reject a request or provide only a part of the information
sought, the Central Public Information Officer shall communicate to the
applicant the reason/s for the decision, the name and address of the
Appellate Authority, viz.
the First Appellate Authority and the period within which an appeal
could be preferred, viz.
30 days of date of communication of the rejection. In all the correspondence with the RTI applicant and the Central Information Commission, the CPIO shall clearly indicate, besides his full name and designation, the name of the department of which he is the Central Public Information Officer. The CPIO shall dispatch all the communications to the applicant under “Certificate of Posting”. |
||||||||||||||||||||||||||||||||
7. |
How to appeal against decisions of CPIO ? How it is processed further ? First
appeal against the decisions of the Central Public Information Officer
shall lie with the First Appellate Authority who shall decide the same
within 30 days of receipt thereof.
The appeal shall be made within 30 days of receipt of the
CPIO’s response to the RTI application or 60 days of the date
on which the RTI application was preferred, whichever is earlier.
The first appeal shall preferably be made on plain paper in the
format as at Annexure ‘D’. The
Central Public Information Officer against whose decision the appeal has
been preferred shall submit his/her detailed comments as well as all the
relevant records to the first appellate authority, within 10 days.
Every
appeal made shall be accompanied by the following documents: (i)
self-attested copies of the RTI Application, submitted to
the CPIO, Order/s or decision or response, if any, against which the
appeal is being preferred; (ii)
copies of documents relied upon by the appellant and
referred to in the appeal; (iii)
a certificate stating that the matter under appeal or
complaint have not been previously filed or are pending with any court
or tribunal or with any other authority; (iv)
an index of the documents referred to in the appeal; and (v) a
list of dates briefly indicating in chronological order the progress of
the matter upto the date of filing the appeal.
Every
order passed by the first appellate authority shall be communicated to
the applicant as well as to the concerned Central Public Information
Officer against whose order the appeal was preferred.
The CPIO shall forthwith implement the orders of the appellate
authority.
Any person aggrieved by an order of the appellate authority may
prefer an appeal, as per the format at Annexure ‘E’, within 90 days,
of receipt of the decision of the first appellate authority to the
Central Information Commission. Documents
to be attached with appeal : Every appeal made shall be accompanied by the
following documents: (i)
self-attested copies of the RTI Application, submitted to the
CPIO, Order/s or decision or response, if any, against which the appeal
is being preferred; (ii)
copies of documents
relied upon by the appellant and referred to in the appeal; (iii)
a certificate
stating that the matter under appeal or complaint have not been
previously filed or are pending with any court or tribunal or with any
other authority; (iv)
an index of the documents referred to in the appeal; and (v)
a list of dates
briefly indicating in chronological order the progress of the matter
upto the date of filing the appeal. The
CPIO in respect of whose decision the appeal has been preferred to the
second appellate authority shall file counter statement, along with
documents, if any, pertaining to the matter, within 10 days, to the
Central Information Commission and copy endorsed to the first appellate
authority as well as the appellant. Every
Central Public Information Officer shall maintain a register, in the
format given in Annexure ‘F’, in respect of the applications
received for seeking the information under the Right to Information Act,
2005. Every Central Public Information Officer shall, as soon as practicable after the end of each quarter, and in any case by the seventh of the next month, prepare a report on the implementation of the provisions of the Right to Information Act, 2005 in their department to the Chief Public Information Officer. |
||||||||||||||||||||||||||||||||
8. |
What
is the time limit to furnish information ? (i)
30 days from the date of application (ii)
48 hours for information concerning the life and liberty of a
person (iii)
5 days shall be added to the above response time, in case the
application for information is given to Assistant Public Information
Officer (iv)
If the interests of a third party are involved then time limit
will be 40 days (maximum period + time given to the party to make
representation) (v) Failure to provide information within the specified period is a deemed refusal. |