Subject: Clarification and objections regarding misuse of Section 6(3) instead of Section 5(4) of RTI Act

1. Section 5(4) allows a PIO to seek assistance from another officer within the same public authority for collecting information.
2. Section 5(5) makes the assisting officer legally responsible as if they are the PIO for any violation under the RTI Act.
3. Section 5(4) does not mention transferring the RTI application — it is meant only for internal assistance within the same authority.
4. Section 6(3) is applicable only when the information pertains to a different public authority, not internal departments.
5. Misuse of Section 6(3) to forward applications within the same authority (like different departments of BMC, MHADA, etc.) is incorrect and illegal.
6. Wrongful forwarding causes confusion, delays, and results in multiple appeals instead of one unified appeal process.
7. Such misapplication violates the RTI Act and can attract liability under IPC Section 219 for public servants making unlawful decisions.
8. The PIO must collect internal information under Section 5(4) and respond directly to the applicant.
9. Strong objection is raised against internal forwarding of RTIs in bodies like BMC, MHADA, SRA, Police, ACB, and EOW under Section 6(3).