[mpisgmedia] RTI request re GATS Revised Offer and Issue Paper

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@xxxxxxxxx> 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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