Wednesday, March 9, 2011

[rti4empowerment] Re: [HumJanenge-YG] just join this group....need few answers.

 

please go thru section 4(1)(b) of rti act 2005. if ur info is related
to any of the 17 points , do mention in ur rti query to get the info
free of cost .

even if the info is out of scope of 4(1)(b) , plesee refer section

7(3) Where a decision is taken to provide the information on payment
of any further fee representing the cost of providing the information,
the Central Public Information Officer or State Public Information
Officer, as the case may be, shall send an intimation to the person
making the request, giving—
a) the details of further fees representing the cost of providing the
information as determined by him, together with the calculations made
to arrive at the amount in accordance with fee prescribed

7(5)Where access to information is to be provided in the printed or in
any electronic format, the applicant shall, subject to the provisions
of sub-section (6), pay such fee as may be prescribed:

Provided that the fee prescribed under sub-section (1) of section 6
and sub-sections (1) and (5) of section 7 shall be reasonable

7(9) An information shall ordinarily be provided in the form in
which it is sought unless it would disproportionately divert the
resources of the public authority or would be detrimental to the
safety or preservation of the record in question.

though fee shall be charged as per the rules made under section 27 of
the act so if it is specifically mentioned in those rules that the PA
can demand fee for searches for record book at a prescribed rate ,
info seeker shall have to pay the fee. ( since it is against the
letter n the spirit of the act , so should be challanged in high
court )

to the best of my knowledge , no rules in india have mention of fee
searches for record book so if PIO is demanding fee for such work ,
this is illegal.he cannot demand this fee at all .

as per sec 7(9) the pio can deny info in the form in which it is
sought if it would disproportionately divert the resources of the
public authority but he cannot demand such fee .

On 3/9/11, Kumar Gaurav <simple.gaurav@yahoo.com> wrote:
> I have just join this goup and need to clarify few things...please answers
> the
> following..
>
> Sir,
>
> I need to ask to question in context with RTI act 2005.
>
> It is well know clause of RTI act, that if the information asked in RTI
> contains
> several pages as hard copy papers, than seeker has to pay Rs.2 for each copy
> of
> paper.
>
> My question is related to this clause of RTI.
>
> For example, If an information asked is numeric in nature, e.g what are the
> amount of expenses of a particular govt. dept in the month jan-11?
>
> In above case, APIO / PIO searches for record book of particular dept and
> found
> 30 paid bills.
> each bill has Rs. 100 as paid amount. So the expense amount will be Rs. 3000
> for
> a month.
>
> Now My question is -
>
> What should a APIO/PIO shall do ?
>
> a. will provide Xerox copies of each paper of record book and ask
> for Rs. 2 for the each paper.
>
> or b. will calculate that sum of amount and tell the seeker that Rs.
> 3000 is the amount of expense.
>
>
> Looking for quick reply.
>
> Regards,
>
> Kumar Gaurav
> 9837779669
>

--
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"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com

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