RTI Application Fee
A SRIDHAR
(Querist) 05 January 2018
This query is : Resolved
Hindu Religious and Charitable Endowment Dept., of Tamilnadu Govt has refused to accept RTI Application fee in the form Indian Postal Order. They say that only DD/Cash/Court fee stamp are acceptable.
Kindly advise whether the HR & CE Dept's refusal is in order?
Ms.Usha Kapoor
(Expert) 05 January 2018
Fee for Seeking information
citizen
who desires to seek some information from a public authority is required
to send, along with the application, a demand draft or a bankers cheque or a
n Indian
Postal Order of Rs.10/ RTI authorities have no right to your fee sent through Indian postal order as the above provision clearly states that RTI payments can be also made through Indian postal orders.It is illegal on their part.
-
(Rupees ten), payable to the Accounts Officer of the public
authority as fee prescribed for seeking information. The payment of fee can also be
made by way of cash to the public authority or to the Assistant Public Informa
tion
Officer
,
against
a
proper receipt.
The payment of fee to the Central
8
Ministries/departments can also be made
online
through internet banking of State Bank
of India or through Master/Visa Debit/credit cards.
1
8
.
The applicant may also be required to
pay further fee towards the cost of
providing the information, details of which shall be intimated to the applicant by the PIO
as prescribed by the Right to Information Rules, 20
12
. Rates of fee as prescribed in
the Rules are given below:
(a)
rupees tw
o (Rs. 2/
-
) for each page ( in A
-
3
or smaller
size paper) ;
(b)
actual c
ost
or price of a
photo
copy in larger size paper;
(c)
actual cost or price for samples or models;
(d)
rupees fifty (Rs.50/
-
) per diskette or floppy; and
(e)
price fixed for
a
publication or rupees two per page of photocopy for extracts from
the publication.
(f) so much of postal charges involved in supply of information that exceeds fifty
rupees.
19
.
A citizen has a right to inspect the records of a public authority. For in
spection of
records, the public authority shall charge no fee for the first hour. But a fee of rupees
five (Rs.5/
-
) for each subsequent hour (or fraction thereof) shall be charged.
2
0
.
If the applicant belongs to
the
below poverty line (BPL) category, he
is not
required to pay any fee. However, he should submit a proof in support of his claim
as
belong
ing
to the below poverty line
category
. The application not accompanied by the
prescribed fee of Rs.10/
-
or proof of the applicant’s belonging to below pove
rty line
category
, as the case may be, shall not be a valid application under the Act. It may be
pointed out that there is no bar on the public authority to supply information in response
to such applications. However, provisions of Act would not apply to
such cases.
R.Ramachandran
(Expert) 05 January 2018
Section 27 of the RTI Act, 2005 confers power on each State Govt. to prescribe Rules on RTI Fees.
Accordingly, Tamil nadu Govt. has prescribed RTI Fee Rules, 2005.
According to which in regard to information under Sec. 6(1), the Fee is payable in Cash, Postal Money Order, Court Fee Stamp, Demand Draft or Bankers Cheque.
In regard to information under Section 7(1) and 7(5), the fee is payable in Cash, Demand Draft or Bankers Cheque.
Therefore, the stand of the Tamil nadu HRCE Department in refusing to accept the IPO is absolutely correct.
A SRIDHAR
(Querist) 05 January 2018
Thank you both - The information sought is u/s 6(1)
Dr J C Vashista
(Expert) 05 January 2018
I agree with the expert advise of Mr. R Ramachandran, whereas totally irrelevant lengthy explanation of Ms. Usha Kapoor.
P. Venu
(Expert) 06 January 2018
It is true that Tamil Nadu Right to Information (Fees) Rules, 2005 do not provide for paying fees through Postal Order. However, this notification appears to be too arbitrary. The Postal Order is an instrument which a common man can procure with much of hassle vis-a-vis a DD or a Banker's cheque. This omission amounts to denial of reasonable opportunity for the common man to get information.
The matter could be taken up with the State Information Commissioner.
