Abstract

Acts - The Right to Information Act, 2005 - Procedure to be followed in disposal of applications received under the Right to Information Act - Instructions - Issued.

Rural Development and Panchayat Raj (OPI) Department

G.O.(Ms) No. 92
Dated: 10.8.2006.

Read:

1. G.O.Ms.No.41, Rural Development and Panchayat Raj Department, Dated.10.5.2006.

2. G.O.(1D) No.426, Rural Development and Panchayat Raj Department, Dated.18.7.2006.

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ORDER:-

In the reference first read above, orders have been issued appointing Public Information Officer under Section 5(1) of the Right to Information Act, 2005. The Act contains various provisions to be followed by the Public Information Officers in the dis-charge of their responsibilities under the Act. In addition to these provisions contained in the Act, the following instructions are supplemented:

(i) All applications received under the Act by the Public Information Officer should be entered in a register namely "Register of application received by the Public Information Officer under Right to Information Act" as in the format No.RTI/I.

(ii) Separate Serial No. should be assigned to the applications received every year under the Act. For example, the first application received during the year 2006 should be assigned Sl.No.1/RTI/2006 and so on.

(iii) (a) As soon as the application along with the prescribed fee, is received, and the information required therein relates to this Department, an acknowledgement as prescribed in the format No.RTI/II should be issued and the request for information should be disposed of with the assistance of the Section concerned with in the prescribed time limit.

(b) If such application is received either without the prescribed fee or without proper evidence for exemption under "Below Poverty Line", the Public Information Officer without sending the acknowledgement mentioned in item 3(a) above, should inform the applicant in the prescribed format No.RTI/III about the defect in the application with a request to resubmit the application after rectifying the defects. The applicant should also be informed that the time prescribed in the Act will have to be reckoned only from the date of resubmission of the application without any defect.

(iv) (a) The fee received under the Act should be remitted to the following head of account as soon as it is received by the Public Information Officer.

"0075.00 Miscellaneous General Services-800 Other receipts-BK. Collection of fees under Tamil Nadu Right to Information (Fees) Rules 2005" (D.P.C.0075 00 800 BK 0006)

(b) The details of fee received and remitted must be maintained in a separate register as per the prescribed format No.RTI/IV.

(v) (a) If the application received with or without the prescribed fee relates to any other department, the Public Information Officer in the prescribed Format No. RTI/V shall transfer the said application to the Public Information Officer of the department concerned immediately by Registered or Speed post or by Special Messenger within the stipulated period of five days from the date of receipt of the application.

(b) After such transfer, the applicant should be informed in the prescribed Format No. RTI/VI about the details of such transfer, indicating the name of the department to which the application has been transferred and the details of Public Information Officer to whom the applicant should contact, for further correspondence.

(vi) Wherever information is required from other officers, the Public Information Officer should send a request to the officers concerned in the prescribed Format No. RTI/VII.

(vii) When the information required by the applicant is ready, the applicant should be asked in the prescribed Format No. RTI/VIII to remit the further fee if required, as per the Rules for furnishing the information, in the format requested.

(viii) If the application is rejected the applicant should be informed in the prescribed Format No. RTI/IX about the reasons for such rejection of the application, the period within which an appeal against such rejection may be preferred and the particulars of the appellate authority.

(ix) All correspondence relating to an application received under RTI Act should be made in the "Register of application received by the Public Information Officer under the Right to Information Act". When done with, the connected file dealing with the application should be closed as G.O.(D). The nature of disposal of each application should also be entered in the above register.

(x) The Public Information Officer shall submit a quarterly return to the appellate authority regarding the details of applications received etc., as per the Format No. RTI/X.

2. All sections in Rural Development and Panchayat Raj Department should inform the SGS.I section, about the action taken on the applications received under this act once in a week through U.O.Note.

(By Order of the Governor)

K.ASHOK VARDHAN SHETTY,

Secretary to Government.

To

All Officers / Sections in Rural Development and Panchayat Raj Department, Chennai-9.

The Director of Rural Development and Panchayat Raj, Chennai-15.

The Managing Director, Tamil Nadu Corporation of Development for Women, 100, Anna Salai, Guindy, Chennai-32.

// Forwarded by Order //