Sunday, May 1, 2011

[HumJanenge] Wrong guidelines issued by DOPT interpreting Section 6(3) of the RTI act wrongly

To
Sh KG Verma, Director, RTI,
DOPT, New Delhi
Sir,
Vide Part IV, Section 5(3) of guide to RTI act circulated by DOPT vide
its number No. 1/4/2009-IR dated 5.10.2009, it has been directed that
under section 6(3) of the RTI act, the application under RTI is to be
transferred to only one public authority.
The justification has been given that sub-section (3) refers to
'another public authority' and not to 'other public authorities' and
that use of singular form in the Act in this regard is important to
note.
The section 13 of the General Clauses Act, 1897 states as under
13. Gender and number.-
In all (Central Acts) and Regulations, unless there is anything
repugnant in the subject or context.- Words importing the masculine
gender shall be taken to include females, and words in the singular
shall include the plural, and vice versa.

Thus the term authority mentioned in RTI act means authorities as well.
It is requested to immediate make necessary corrections in the
guidelines issued by DOPT keeping in view the submissions made above.
Thanking you,
Yours sincerely,
Dr. Sandeep Kumar Gupta
1778, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181

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