Right to Information Act, 2005

Internal procedure for dealing with requests for information under the Right to Information Act, 2005

The following officer has been appointed as Public Information Officer for the purpose of dealing with requests from citizens of India for providing information under the provisions of the Right to Information Act, 2005: 

2.1 Any person desirous of obtaining information shall apply to the Public Information Officer on plain paper in the form given in Annexure ‘A’, together with an application fee of Rs.10/- by Demand Draft or Banker’s cheque drawn in favour of “Ennore Port Limited” payable at Chennai.  Alternatively, the application fee of Rs.10/- may be paid by cash at Ennore Port Limited, No: 23, First Floor, P.T. Lee Chengalvaraya Naicker Maaligai, Rajaji Salai, Chennai - 600 001 (or) Ennore Port Limited, Vallur Post, Near NCTPS, Chennai - 600 120  and the receipt in original, attached to the application

2.2 In case a request for providing information under the provisions of the Right to Information Act, 2005 is received in a format different from that of Annexure ‘A’ or/and without the prescribed application fee, 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/and make payment of the application fee, as the case may be.

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

3.1 The Public Information Officer is not bound to provide the information sought:

(A) if disclosure thereof would – prejudicially affect the sovereignty and integrity of India; (ii) prejudicially affect the security, strategic, scientific or economic interests of India;
(iii) prejudicially affect the relation with a foreign country;
(iv) leadto incitement of an offence; or
(v)   cause a breach of privilege of Parliament or the State Legislature;
(vi) harm the competent position of a third party;
(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 received in confidence from a foreign government.

(D) if the same pertains to policy proposals, including records of  deliberations   of the Board of Directors, Heads of Departments and other officers,

provided that the decisions of Board of Directors, 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.

(E) 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.

(F) if the same pertains to any occurrence, event or matter which has taken place twenty years before the date on which the application was made.

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

(i) concerns the life or liberty of a person; or

(ii) is held by another public authority; or

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

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

3.2.1 In case of (i) at para. 3.2 above, the Public Information Officer shall compile the requisite information and provide the same within 48 hours.

3.2.2 In case of (ii) & (iii) at para. 3.2 above, the 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’.

3.2.3 In case of (iv) at para. 3.2 above, the 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 regards disclosure of the information sought.  The 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.

4.1 The Public Information Officer shall, subject to the above, call and compile the requisite information as expeditiously as possible or reject the request for the reasons specified above.

4.2 The Public Information Officer shall also assess the amount of further fees and cost that has to be collected from the applicant on the basis of Right to Information (Regulation of Fee and Cost) Rules, 2005:

(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;

(c) actual cost or price for samples or models;

(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

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

4.3 The Public Information Officer shall send intimation to the applicant in the format given in Annexure ‘ informing him of the amount of further fees, computed in terms of para. 4.2 above, for providing information

4.4 On receipt of the further fees, the 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 para. 4.3 above and receipt of the further fees shall be excluded for the purpose of calculating the period of thirty days.

4.5 In the normal course, the information be provided in the form in which it is sought.  However, if it would disproportionately divert the resources or would endanger the record, the information be provided in another appropriate form.

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

5. The Public Information Officer may seek the assistance of any other officer as he or she considers it necessary for the purpose of furnishing the information sought by an applicant.  The officer, whose assistance has accordingly been sought, shall render all assistance in compiling and furnishing the information sought as if he/she himself/herself is the Public Information Officer.

6.1 First appeal against the decisions of the Public Information Officer shall lie with the Appellant Authority viz. The Director (Operations), Ennore Port Limited, No: 23, First Floor, P.T. Lee Chengalvaraya Naicker Maaligai, Rajaji Salai, Chennai-1 who shall decide the same within 30 days of receipt thereof.

6.2 The first appeal shall be made on plain paper in the format as at Annexure ‘D’.

6.3 Every order passed by the appellate authority shall be communicated to the applicant as well as to the Public Information Officer against whose order the appeal was preferred.

6.4 Any person aggrieved by an order of the appellate authority may prefer an appeal, as per the format at Annexure ‘E’, within 30 days, to the Central Information Commission, whose decision shall be binding.

7. The 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.

Annexure 'A' Application form for seeking information under the Right to Information Act, 2005

Annexure 'B' Format of letter intimating transfer of an application

Annexure 'C' Format of letter seeking payment of additional fee

Annexure 'D' Format of Appeal under Section 19 (1) of the Right to Information Act, 2005

Annexure 'E' Format of Appeal under Section 9 (3) of the Right to Information Act, 2005

Annexure 'F' Format of Register maintained under the Right to Information Act, 2005

Prescription of Fees:

For providing information under the Right to Information Act, the provisions under the Right to Information (Regulation of Fee and Cost) Rules, 2005 shall be applicable. Fees shall be charged by way of cash against proper receipt or by demand draft or bankers cheque payable in favour of "Ennore Port Limited, Chennai"