All India Association of IPs / ASPs, Bihar Circle Branch: August 2012

Communications and IT Minister Kapil Sibal has called for restructuring of 150-year-old Department of Post by separating its regulatory and services functions to meet challenges of technological age.

"The postal department should also restructure itself to meet challenges of 21st century. The Department of Post (DoP) should look into prospect of bifurcating the ministry from the regulator and the operator, just as was done in the telecom sector," Sibal told PTI.

He said that the DoP should explore possibility of having different entities namely policy making, regulator and service provider. "No decision has been taken yet. It is all a matter of debate and dialogue at the moment," Sibal said.

DoP, which has around 5 lakh employees, is responsible for policy making, regulation and providing postal services, at present.

The over 100-year old Indian Post Office Act bars any individual or entity from delivering letters for commercial purpose. The business of private courier companies is built around delivering documents, parcels and others items which do not fall under the category of 'letter'.

Sources in the ministry said that Sibal held a meeting with DoP officials early this week on the issue of finanlisation of the National Postal Policy 2012 and asked them to prepare roadmap for restructuring as well.

They said that next meeting on the issue is expected to take place in 15 days. They said that the minister, in June, had asked DoP to set up a body to oversee the unbundling of its functions.

An independent body named Postal Development Board (PDB) will be responsible for the overall development and governance of the postal sector, they added. The PDB will also draw a road-map for unbundling of postal department functions.

The minister had also instructed DoP to constitute a Postal Advisory Board (PAB), in line withTelecom Commission, which should have representation from government, industry players, academics and other stakeholders, they said. The role of PAB will be to provide inputs to PDB on policy matters.

The government in 1997 created the Telecom Regulatory Authority of India (Trai) to regulate the sector. Under New Telecom Policy 1999, government further restructured DoT by separating service providing function from it.

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

Q.1. What is Information?

Information is any material in any form. It includes records, documents, memos, e-mails,

opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,

samples, models, data material held in any electronic form. It also includes information

relating to any private body which can be accessed by the public authority under any law for

the time being in force.

Q.2 What is a Public Authority?

A “public authority” is any authority or body or institution of self government established or

constituted by or under the Constitution; or by any other law made by the Parliament or a

State Legislature; or by notification issued or order made by the Central Government or a

State Government. The bodies owned, controlled or substantially financed by the Central

Government or a State Government and non-Government organisations substantially financed

by the Central Government or a State Government also fall within the definition of public

authority. The financing of the body or the NGO by the Government may be direct or indirect.

Q.3 What is a Public Information Officer?

Public authorities have designated some of its officers as Public Information Officer. They are

responsible to give information to a person who seeks information under the RTI Act.

Q.4 What is an Assistant Public Information Officer?

These are the officers at sub-divisional level to whom a person can give his RTI application or

appeal. These officers send the application or appeal to the Public Information Officer of the

public authority or the concerned appellate authority. An Assistant Public Information Officer

is not responsible to supply the information. The Assistant Public Information Officers

appointed by the Department of Posts in various post offices are working as Assistant Public 2

Information Officers for all the public authorities under the Government of India.

Q.5. What is the Fee for Seeking Information from Central Government Public Authorities?

A person who desires to seek some information from a Central Government Public Authority

is required to send, along with the application, a demand draft or a banker’s cheque or an

Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public

authority as fee prescribed for seeking information. The payment of fee can also be made by

way of cash to the Accounts Officer of the public authority or to the Assistant Public

Information Officer against proper receipt. However, the RTI Fee and the mode of payment

may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate

Government and the competent authority, respectively, by notification in the Official Gazette,

make rules to carry out the provisions of this Act.

Q.6. What is the Fee for the BPL applicant for Seeking Information?

If the applicant belongs to below poverty line (BPL) category, he is not required to pay any

fee. However, he should submit a proof in support of his claim to belong to the below poverty

line.

Q.7. Is there any specific Format of Application?

There is no prescribed format of application for seeking information. The application can be

made on plain paper. The application should, however, have the name and complete postal

address of the applicant.

Q.8. Is it required to give any reason for seeking information?

The information seeker is not required to give reasons for seeking information.

Q.9. Is there any provision for exemption from Disclosure of Information?

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which

is exempt from disclosure. Sub-section (2) of section 8, however, provides that information

exempted under sub-section 3 (1) or exempted under the Official Secrets Act, 1923 can be

disclosed if public interest in disclosure overweighs the harm to the protected interest.

Q.10. Is there any assistance available to the Applicant for filing RTI application?

If a person is unable to make a request in writing, he may seek the help of the Public

Information Officer to write his application and the Public Information Officer should render

him reasonable assistance. Where a decision is taken to give access to a sensorily disabled

person to any document, the Public Information Officer, shall provide such assistance to the

person as may be appropriate for inspection.

Q.11. What is the Time Period for Supply of Information?

In normal course, information to an applicant shall be supplied within 30 days from the receipt

of application by the public authority. If information sought concerns the life or liberty of a

person, it shall be supplied within 48 hours. In case the application is sent through the

Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be

added to the period of thirty days or 48 hours, as the case may be.

Q.12. Is there any provision of Appeal under the RTI Act?

If an applicant is not supplied information within the prescribed time of thirty days or 48 hours,

as the case may be, or is not satisfied with the information furnished to him, he may prefer an

appeal to the first appellate authority who is an officer senior in rank to the Public Information

Officer. Such an appeal, should be filed within a period of thirty days from the date on which

the limit of 30 days of supply of information is expired or from the date on which the

information or decision of the Public Information Officer is received. The appellate authority

of the public authority shall dispose of the appeal within a period of thirty days or in

exceptional cases within 45 days of the receipt of the appeal.

Q.13. Is there any scope for second appeal under the RTI Act?

If the first appellate authority fails to pass an order on the appeal within the prescribed period

or if the appellant is not satisfied with the order of the first appellate authority, he may prefer

a second appeal with the Central Information Commission within ninety days from the date on

which the decision should have been made by the first appellate authority or was actually

received by the appellant.

Q.14. Whether Complaints can be made under this Act? If yes, under what conditions?

If any person is unable to submit a request to a Public Information Officer either by reason

that such an officer has not been appointed by the concerned public authority; or the Assistant

Public Information Officer has refused to accept his or her application or appeal for

forwarding the same to the Public Information Officer or the appellate authority, as the case

may be; or he has been refused access to any information requested by him under the RTI

Act; or he has not been given a response to a request for information within the time limit

specified in the Act; or he has been required to pay an amount of fee which he considers

unreasonable; or he believes that he has been given incomplete, misleading or false

information, he can make a complaint to the Information Commission.

Q.15. What is Third Party Information?

Third party in relation to the Act means a person other than the citizen who has made request

for information. The definition of third party includes a public authority other than the public

authority to whom the request has been made.

Q.16. What is the Method of Seeking Information?

A citizen who desires to obtain any information under the Act, should make an application to

the Public Information Officer of the concerned public authority in writing in English or Hindi

or in the official language of the area in which the application is made. The application should

be precise and specific. He should make payment of application fee at the time of submitting

the application as prescribed in the Fee Rules.

Q.17. Is there any organization(s) exempt from providing information under RTI Act?

Yes, certain intelligence and security organisations specified in the Second Schedule, are

exempted from providing information excepting the information pertaining to the allegations

of corruption and human rights violations.

All India Association of IPs / ASPs, Bihar Circle Branch

Thursday, August 30, 2012

Transfer and posting in PS GR''B" Grade

IT Minister Kapil Sibal calls for separating regulatory services functions of Department of Post

Wednesday, August 29, 2012

Frequently asked question on RTI

Important documents

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