Shri Sudhakar Dalela, Deputy Secretary, DoC
Central Public Information Officer (for Trade Policy
related issues like WTO, UNCTAD, DFID-DOC Project,
TRIMS, TRIPs etc)

Dear Sir,

Kindly refer to the message below dated 20.10.05 (in
reply to mine of 17.10.05), wherein Shri J Sri Raman
has kindly clarified I need to apply to you and also
procedures u/s.6 and s.7 in view of which I am advised
to use s.6.

However, I am unable to fathom what requires me to use
s.6 to access or prevents / exempts DoC from
publishing in terms of s.4(1)c or at least making
freely accessible with you in electronic format in
terms of s.4(4) the information in question, viz,
background papers and basic details of consultations
leading to sector-specific commitments in Revised
Offer, Issue Paper, etc.

To me it seems such information falls in the purview
of s.4 and that the Act does not predicate RTI upon
s.6 (eg, s.2(j) defines RTI in terms of the Act not
s.6, s.4 occurs before s.6, s.10(1) and s.19(8)
envisage also other functions/powers for Commissions,
etc). Moreover, I have reservations about s.6 in the
instant case, viz:
1.
Two of my letters (dated 12.09.03 and 15.08.05) were
addressed to Shri R Gopalan, Joint Secretary, who is
designated as officer senior to CPIO. In my letter of
15.08.05 I have made already, and while s.4(1)c was
and s.6 was not in force, a request for the
information in question.
2.
If the information in question cannot be published /
disseminated, then it obviously cannot be provided to
me. If it can be provided and I obtain it u/s.6, while
DoC has not published/disseminated it u/s.4, then this
information affecting/interesting many would be in my
private possession. This seems inconsistent with RTI.

I hope this clarifies my request for publication /
dissemination of the information in question. If there
is an error in my reasoning, I would be grateful if
you would point it out. If there are Rules for
requests u/s.4, please let me know so I can make a
compliant application. If DoC is inclined to deny this
request, please let me know with its reasons.

Yours sincerely
Gita Dewan Verma, Planner

cc:
Shri J Sri Raman, with many thanks for your response
Shri R Gopalan, wrt the reference to prior letters
Architexturez in-enaction, mpisg-media


--- "J. Sri Raman" <jsraman@ub.nic.in> wrote:

Dear Ms. Verma,

   Please refer to your message below.

2.  As per Section 6(1) of the RTI Act, a person,
who desires to obtain
any information under this Act, shall make a request
in writing along with
such fee as may be prescribed. In terms of
notification dated 16 September
2005, Department of Personnel and Training has
prescribed an application
fee of Rs. 10/- (Ten rupees only)which shall be paid
by way of cash
against proper receipt, demand draft or bankers
cheque payable to the
Accounts Officer of the concerned Public Authority.

3.  Department of Commerce, has prescribed an
application form for making
of requests under this Act. A copy of the prescribed
application form is
enclosed. It may be seen therefrom that along with
the fee, it has to be
certified that the person requesting information
under the RTI Act is a
citizen of India and that the fee has been
deposited. Department of
Commerce has further prescribed that all payments in
the form of Demand
Draft or Banker's cheque, under RTI Act will be made
in the name of Under
Secretary (Cash) who is also the Drawing and
Disbursing Officer of the
Department of Commerce, while cash will be deposited
with the DDO in
Cashier Cell (Room No. 29-A, Udyog Bhavan, New
Delhi) by obtaining a
proper receipt.  Additional fees as presribed under
section 7 (1) will
have to be paid upon processing of your request. The
fees in this regard
have been prescribed by the Department of Personnel
and Training, vide its
notification dated 16 September 2005 mentioned
above.

4.  In view of the above, it is advised that the
registration fee may
please be deposited and a copy of the receipt for
the payment thereof may
be attached with the request for application in the
prescribed application
form along with other certificates, (citizen of
India, etc.).

5.   The application, complete in all respects as
mentioned above, may
please be sent to Mr. Sudhakar Dalela, Central
Public Information Officer,
Department of Commerce, Udyog Bhavan, New Delhi -
110 011.

  Regards,

  J. Sri Raman
  Central Assistant Public Information Officer
  Department of Commerce

 

--------------------
original message at:
http://plan.architexturez.net/site/anomie/RTI/gats

 


               
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