MUMBAI PORT TRUST

How to apply ?

Any citizen desirous of obtaining information may apply to the concerned Central Public Information Officer (CPIO) on plain paper preferably in the format given in Annexure A, together with an application fee. If the format is different from Annexure A, same shall be accepted as valid and necessary action taken for providing the information sought

An applicant who is ‘below poverty line’ shall be provided the information sought without recovery of any fee. Such applicants shall, however, submit documentary proof, such as self attested photo copy of ration card, along with the application.

How to make payment of application fee ?

An application fee of Rs.10/- by Demand Draft or Banker’s Cheque or Indian Postal Order drawn in favour of the ‘Financial Adviser & Chief Accounts Officer, Mumbai Port Trust’ and payable at Mumbai is required to be submitted alongwith application. Alternatively, the application fee of Rs.10/- may be paid by cash in the Cash Office on the Ground floor of Port House, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai - 400 001 and the receipt in original, attached to the application.

How the submitted application is further processed ?

If the application is without the prescribed application fee, the applicant may be advised to make payment of the application fee. Similarly, if the request for information is vague or incomplete, the applicant may be advised suitably to make the application in the prescribed format (copy of which may be made available free of cost) or specify the information required.

Which information can be provided to applicant ?

4.1 The Central Public Information Officer is NOT bound to provide the information sought:

(A)	If disclosure thereof would –
	(i) prejudicially affect the sovereignty and integrity of India; or
	(ii) prejudicially affect the security, strategic, scientific or economic interests of India; or
	(iii) prejudicially affect the relation with a foreign country; or
	(iv) lead to incitement of an offence; or
	(v) cause a breach of privilege of Parliament or the State Legislature; or
	(vi) harm the competitive position of a third party; or
	(vii) endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; or
	(viii) involve an infringement of copyright subsisting in a person, other than the State.

(B)	If the same has been expressly forbidden to be published by any court of law or tribunal or the disclosure thereof may constitute contempt of court.
(C)	If the same was available thanks to a fiduciary relationship
(D)	If the same was received in confidence from a foreign government.
(E)	If the same pertains to policy proposals, including records of deliberations of the Board of Trustees, Heads of Departments and other officers, provided that the decisions of Board of Trustees, etc., the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete or over.
(F)	If the same relates to personal information, the disclosure of which has no relationship to any public activity or interest, or would cause unwarranted invasion of the privacy of an individual.
(G)	If it would disproportionately divert the resources or would be detrimental to the safety or preservation of the record.

4.2 The Central Public Information Officer shall also assess as to whether the information sought -

(i) concerns the life or liberty of the applicant; or

(ii) is held by another public authority; or

(iii) is more closely connected with the functions of another public authority; or

(iv) relates to or has been supplied by a third party, who has treated it as confidential.

4.2.1 In case of (i) at para. 4.2 above, the Central Public Information Officer shall provide the requisite information within 48 hours.

4.2.2 In case of (ii) & (iii) at para. 4.2 above, the Central Public Information Officer shall transfer the application to the concerned public authority and inform the applicant about such transfer within 5 days of receipt of the application, as per format at Annexure ‘B’.

4.2.3 In case of (iv) at para. 4.2 above, the Central Public Information Officer shall give a written notice to such third party, within 5 days of receipt of the application, of the request and invite him to make a submission, as to whether the information sought should be disclosed or not. The Central Public Information Officer shall consider the submission, if any, made by that third party within 10 days of issue of the notice, before taking a decision about disclosure of the information to the applicant. In case the CPIO decides to part with the third party information in spite of the objection raised by the third party, he may give a notice to the third party of his decision to part with the said information, clearly indicating to the third party that he is entitled to prefer an appeal to the First Appellate Authority within 30 days. The CPIO shall furnish, subject to the orders of the first appellate authority, if any, the third party information to the applicant within 40 days of the receipt of the RTI application.

The Central Public Information Officer shall obtain the requisite information as expeditiously as possible and furnish the same to the appellant or reject the request for the reasons specified at para 4.1 above.

How the amount of further fees is calculated ?

The Central Public Information Officer shall assess the amount of further fees that has to be collected from the applicant on the basis of the following:

(a) Rupees two for each page (in A-4 or A-3 size paper) created or copied;

(b) Actual charge or cost price of a copy in larger size paper;

(d) For information provided in diskette or floppy, rupees fifty per diskette or floppy;

(e) For information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication; and

(f) For inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour or fraction thereof.

How the intimation is sent to applicant ?

The Central Public Information Officer shall send intimation to the applicant in the format given in ‘Annexure C’ informing him of the amount of further fees, computed in terms of fee structure mentioned at (5) above, for the supply of information, clearly indicating that he is at liberty to prefer an appeal to the First Appellate Authority, if he feels that the fees sought are on the higher side.

On receipt of the further fees, the Central Public Information Officer shall furnish intimation to the applicant at an early date and in any case within thirty days of receipt of the application. However, the period intervening between the issue of the communication referred to at (5) above and receipt of the further fees shall be excluded for the purpose of calculating the period of thirty days.

Where it has been decided to reject a request or provide only a part of the information sought, the Central Public Information Officer shall communicate to the applicant the reason/s for the decision, the name and address of the Appellate Authority, viz. the First Appellate Authority and the period within which an appeal could be preferred, viz. 30 days of date of communication of the rejection.

In all the correspondence with the RTI applicant and the Central Information Commission, the CPIO shall clearly indicate, besides his full name and designation, the name of the department of which he is the Central Public Information Officer. The CPIO shall dispatch all the communications to the applicant under “Certificate of Posting”.

How to appeal against decisions of CPIO ? How it is processed further ?

First appeal against the decisions of the Central Public Information Officer shall lie with the First Appellate Authority who shall decide the same within 30 days of receipt thereof. The appeal shall be made within 30 days of receipt of the CPIO’s response to the RTI application or 60 days of the date on which the RTI application was preferred, whichever is earlier.

The first appeal shall preferably be made on plain paper in the format as at Annexure ‘D’. The Central Public Information Officer against whose decision the appeal has been preferred shall submit his/her detailed comments as well as all the relevant records to the first appellate authority, within 10 days.

Every appeal made shall be accompanied by the following documents:

(i) self-attested copies of the RTI Application, submitted to the CPIO, Order/s or decision or response, if any, against which the appeal is being preferred;

(ii) copies of documents relied upon by the appellant and referred to in the appeal;

(iii) a certificate stating that the matter under appeal or complaint have not been previously filed or are pending with any court or tribunal or with any other authority;

(iv) an index of the documents referred to in the appeal; and

(v) a list of dates briefly indicating in chronological order the progress of the matter upto the date of filing the appeal.

Every order passed by the first appellate authority shall be communicated to the applicant as well as to the concerned Central Public Information Officer against whose order the appeal was preferred. The CPIO shall forthwith implement the orders of the appellate authority.

Any person aggrieved by an order of the appellate authority may prefer an appeal, as per the format at Annexure ‘E’, within 90 days, of receipt of the decision of the first appellate authority to the Central Information Commission.

Documents to be attached with appeal : Every appeal made shall be accompanied by the following documents:

(i) self-attested copies of the RTI Application, submitted to the CPIO, Order/s or decision or response, if any, against which the appeal is being preferred;

(ii) copies of documents relied upon by the appellant and referred to in the appeal;

(iii) a certificate stating that the matter under appeal or complaint have not been previously filed or are pending with any court or tribunal or with any other authority;

(iv) an index of the documents referred to in the appeal; and

(v) a list of dates briefly indicating in chronological order the progress of the matter upto the date of filing the appeal.

The CPIO in respect of whose decision the appeal has been preferred to the second appellate authority shall file counter statement, along with documents, if any, pertaining to the matter, within 10 days, to the Central Information Commission and copy endorsed to the first appellate authority as well as the appellant.

Every Central Public Information Officer shall maintain a register, in the format given in Annexure ‘F’, in respect of the applications received for seeking the information under the Right to Information Act, 2005.

Every Central Public Information Officer shall, as soon as practicable after the end of each quarter, and in any case by the seventh of the next month, prepare a report on the implementation of the provisions of the Right to Information Act, 2005 in their department to the Chief Public Information Officer.

What is the time limit to furnish information ?

(i) 30 days from the date of application

(ii) 48 hours for information concerning the life and liberty of a person

(iii) 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer

(iv) If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation)

(v) Failure to provide information within the specified period is a deemed refusal.