Re: [HumJanenge] COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-013

Thanks for the trouble you are taking. In that case could you do the
needful: i.i. unsubscribe sudhirbadami@gmail.com and subscribe with
sudhirbadami.2010@gmail.com in Digest mode. I do not recall whether I
had subscribe to HJ or you had put it. Due to too many group mails, I
seem to be skipping not only the group mails but also some which do
not catch my attention. Therefore I prefer Digest mode.

Thanks again

Sudhir

On 23/12/2010, PMK1504 <humjanenge.owner@gmail.com> wrote:
> Your other 2 IDs are not subscribed.
>
> We feel the problem is that you are using your
> sudhirbadami.2010@gmail.comto post as "
> sudhirbadami@gmail.com" and your return address is configured to the 2010
> account. Thereby confusing the googlegroups software.
>
> A solution could be to use the 2010 a/c to receive our digest mails and
> unsubcribe this one.
>
> PMK
>
> 2010/12/23 Sudhir Badami 10 सुधीर बदामी <sudhirbadami@gmail.com>
>
>> I have received eight mails on Humjanenge since this morning. That is why
>> the instructions. I could not do so from the group site myself.
>>
>> Perhaps my other email ids are registered too. Could you please remove
>> them
>> if so.
>>
>> These ids are
>>
>> sudhirbadami.2010@gmail.com
>> and
>> badami@iitbombay.org
>>
>> Regards
>>
>> Sudhir Badami
>>
>> +91 98216 85072
>> Email ID: sudhirbadami@gmail.com, badami@iitbombay.org
>>
>> *** My Website http://sites.google.com/site/sudhirbadami/ ***
>> **** Noise is not just nuisance but is Health Hazard ****
>> http://sites.google.com/site/noiserelated
>> .......................................................................................................
>> .
>> *Please consider the environment before printing this e-mail. . *
>>
>> You might like to join me on my Facebook
>> http://www.facebook.com/sudhir.badami
>>
>>
>>
>> On 23 December 2010 23:02, PMK1504 <humjanenge.owner@gmail.com> wrote:
>>
>>> The email ID "sudhirbadami@gmail.com" is already in Digest mode and
>>> has been so for quite some time now.
>>>
>>> PMK
>>>
>>> 2010/12/23 Sudhir Badami 10 सुधीर बदामी <sudhirbadami@gmail.com>
>>>
>>> Please change my status to Digest mode or unsbscribe
>>>>
>>>> Regards
>>>>
>>>> Sudhir Badami
>>>>
>>>> +91 98216 85072
>>>> Email ID: sudhirbadami@gmail.com, badami@iitbombay.org
>>>>
>>>> *** My Website http://sites.google.com/site/sudhirbadami/ ***
>>>> **** Noise is not just nuisance but is Health Hazard ****
>>>> http://sites.google.com/site/noiserelated
>>>> .......................................................................................................
>>>> .
>>>> *Please consider the environment before printing this e-mail. . *
>>>>
>>>> You might like to join me on my Facebook
>>>> http://www.facebook.com/sudhir.badami
>>>>
>>>>
>>>>
>>>> On 21 December 2010 20:47, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>>>>
>>>>> To:
>>>>> *The Government of India*, by
>>>>> Shri R.K.Girdhar
>>>>> Under-Secretary/RTI
>>>>> Department of Personnel and Training, North Block
>>>>> New Delhi 110011
>>>>>
>>>>> *1) CONFIDENTIAL,
>>>>> 2) SECRET,
>>>>> 3) My Intellectual property,
>>>>> 4) Not to be disclosed to any unauthorised person,
>>>>> 5) Not to be disclosed to any private person whatsoever,
>>>>> 6) Not to be disclosed to Prime Minister or his office,
>>>>> 7) Not to be disclosed to National Advisory Council,
>>>>> 8) Not to be disclosed under Right to Information except to myself,
>>>>>
>>>>> BY EMAIL:*
>>>>>
>>>>> *Date*: 21-December-2010
>>>>> *Your Ref*: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI
>>>>> Rules)
>>>>> *Our Ref: PN/DoPT/OM/2010/RTI/AAA-0000-013
>>>>> Subject* Objections and/or Suggestions to the amendments proposed
>>>>>
>>>>> Sir,
>>>>>
>>>>> I refer to the above citations and your subject OM. I am caused to
>>>>> submit the following objection(s) and/or suggestion(s) to the same.
>>>>> This is separate, distinct and without prejudice to other objections I
>>>>> may submit from time to time within the period allowed..
>>>>>
>>>>> http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf
>>>>>
>>>>> I *generally OBJECT* to the following rule proposed
>>>>>
>>>>> "*6. Payment of fee*: Fee under these rules shall be paid by way of:
>>>>> (a) cash, to the public authority or to the Central Assistant Public
>>>>> Information
>>>>> Officer of the public authority , as the case may be, against proper
>>>>> receipt; or
>>>>> (b) demand draft or bankers cheque or Indian Postal Order payable to
>>>>> the
>>>>> Accounts Officer of the public authority; or
>>>>> (c) electronic means to the Accounts Officer of the public authority,
>>>>> if
>>>>> facility
>>>>> for receiving fee through electronic means is available with the public
>>>>> authority:
>>>>> Provided that a public authority may accept fee by any other mode of
>>>>> payment."
>>>>>
>>>>> My *specific OBJECTIONS *with *REASONS* and *SUGGESTIONS* are listed
>>>>> below:
>>>>>
>>>>> 1) *BECAUSE* there is no power conferred by the Act for DoPT/MoP to
>>>>> prescribe Rules specifying the MODE of payment of fees for RTI process.
>>>>> I
>>>>> say that these fall in the allocated business of other Departments /
>>>>> Minstries of Government either by enactments of law or by allocation of
>>>>> business rules.
>>>>>
>>>>> 2) *BECAUSE* there is no provision of the RTI Act which requires or
>>>>> permits mode of payment of fee to be prescribed. It is pertinent that
>>>>> the
>>>>> RTI Act only enables the appropriate Govt to prescribe the "fee". This
>>>>> in my
>>>>> view does not extend to mode of payment into Government accounts.
>>>>>
>>>>> 3) *BECAUSE* it is wrong to presume / assume that the CAPIO is always
>>>>> empowered to receive cash and issue a receipt for it. Neither does this
>>>>> rule
>>>>> empower them to do so. I am also concerned that the other modes such as
>>>>> Draft, LPO, IPO etc impose an additional and often unreasonable
>>>>> transaction
>>>>> / impact cost on the applicants beyond the fee prescribed.
>>>>>
>>>>> 4) *BECAUSE *very often CAPIOs have not been appointed per the mandate
>>>>> of the RTI Act. The Commission being a case in point and your own
>>>>> Ministry
>>>>> being another. In passing I mention that I strongly dispute that the
>>>>> CAPIOs
>>>>> of the Postal Department can be legally designated as CAPIOs for other
>>>>> Central Ministries / Departments.
>>>>>
>>>>> 5) *BECAUSE* section 6(1) of the RTI Act requires the application fee
>>>>> to *accompany* the request. This necessarily means that the fee must
>>>>> either be permanently affixed to the RTI request, as is done with court
>>>>> fee
>>>>> stamps or non-judicial papers, or be part of an electronic e-payment
>>>>> gateway
>>>>> hardcoded to the e-request form. Hence I say that the fee payment modes
>>>>> proposed do not meet the mandate of the Act and are vires of the Act.
>>>>>
>>>>> 6) *BECAUSE* section 6(1) of the RTI Act empowers citizens to file
>>>>> requests through electronic means. There is no restriction in the Act
>>>>> about
>>>>> the electronic means which may be used by citizens to file requests. At
>>>>> the
>>>>> same time the said clause requires a fee (which may optionally be
>>>>> prescribed) to accompany the request. Hence I say that the statutory
>>>>> right
>>>>> of the citizen to submit an e-request cannot be taken away by
>>>>> subordinate
>>>>> legislation when a public authority lacks an e-payment gateway or
>>>>> suchlike.
>>>>> I would require clarity on application fee accompaniment for citizens
>>>>> who
>>>>> wish to use "fax" (ie facsmile) to submit their requests or e-mail.
>>>>>
>>>>> 7) *BECAUSE* by conceding that public authorities may accept fees by
>>>>> any mode of payments you are implicitly accepting that it is not
>>>>> possible or
>>>>> legal to prescribe the mode of fee payment, and that it is an arbitrary
>>>>> and/or discretionary matter to be negotiated between the public
>>>>> authority
>>>>> and the applicants.
>>>>>
>>>>> Accordingly I *SUGGEST* that this RTI rule for fee payment modes is
>>>>> completely redrafted to address all my concerns / grievances. As a
>>>>> public
>>>>> spirited citizen I am ever at your disposal to assist you on behalf of
>>>>> the
>>>>> demand side. I strongly *suggest* that adhesive RTI stamps are sold
>>>>> through the post offices.
>>>>>
>>>>> *NB:* As the legal questions involved for these Rules are complex, I
>>>>> am formally requesting an opportunity of personal hearing for this
>>>>> before
>>>>> the competent authority. I am also formally requesting that the
>>>>> opinion of
>>>>> the Law Department.Ministry be obtained on my various objections /
>>>>> suggestions.
>>>>>
>>>>> Submitted in my individual capacity by
>>>>>
>>>>> Er. Sarbajit Roy
>>>>> B-59 Defence Colony
>>>>> New Delhi 110024
>>>>> Tel : 09311448069
>>>>> email ID:
>>>>> "sroy.mb@gmail.com<http://h/mv7gcp5g79li/?v=b&cs=wh&to=sroy.mb@gmail.com>
>>>>> "
>>>>>
>>>>> Chief Patron: "*HumJanenge RTI group*" mailing list of over 2,500 RTI
>>>>> stakeholders
>>>>> Website: http://humjanenge.org.in
>>>>> Mailing List : http://groups.google.com/group/humjanenge/
>>>>> News Network : http://humjanenge.org.in/news/
>>>>>
>>>>> CC: to: (for suitable action and direction)
>>>>> presidentofindia@rb.nic.in<http://h/mv7gcp5g79li/?v=b&cs=wh&to=presidentofindia@rb.nic.in>
>>>>> mos-pp@nic.in <http://h/mv7gcp5g79li/?v=b&cs=wh&to=mos-pp@nic.in>
>>>>> secy_mop@nic.in <http://h/mv7gcp5g79li/?v=b&cs=wh&to=secy_mop@nic.in>
>>>>> sarkardk@nic.in <http://h/mv7gcp5g79li/?v=b&cs=wh&to=sarkardk@nic.in>
>>>>> jsata@nic.in <http://h/mv7gcp5g79li/?v=b&cs=wh&to=jsata@nic.in>
>>>>> dirrti-dopt@nic.in<http://h/mv7gcp5g79li/?v=b&cs=wh&to=dirrti-dopt@nic.in>
>>>>> diradmn@nic.in <http://h/mv7gcp5g79li/?v=b&cs=wh&to=diradmn@nic.in>
>>>>> osdrti-dopt@nic.in<http://h/mv7gcp5g79li/?v=b&cs=wh&to=osdrti-dopt@nic.in>
>>>>> usrti-dopt@nic.in<http://h/mv7gcp5g79li/?v=b&cs=wh&to=usrti-dopt@nic.in>
>>>>> sroy1947@gmail.com<http://h/mv7gcp5g79li/?v=b&cs=wh&to=sroy1947@gmail.com>
>>>>>
>>>>>
>>>>
>>>
>>
>

--
Regards

Sudhir Badami

+91 98216 85072
Email ID: sudhirbadami@gmail.com, badami@iitbombay.org

*** My Website http://sites.google.com/site/sudhirbadami/ ***
*** Noise is not just nuisance but is Health Hazard ***
http://sites.google.com/site/noiserelated
.......................................................................................................
.
Please consider the environment before printing this e-mail. .