Rti information, hard copy/soft copy


(1) I had asked information under RTI Online. For the same, I am asked to pay huge amount, say approx. Rs.10,000/- for photocopy of about 5000 pages..

Can I ask to provide the soft copy on CDs so that I have to pay very less compared what amount I have to pay for hard copy.

(2) I had applied RTI Online Application on 12/11/2016. It was transferred to concerned PIO on 14/11/2016. on 13/12/2016, 30 days are over. I had sent two reminders also. Now , on 14/12/2016 I am asked that huge amount. As per Act, am I eligible to get information free of charge?

 
Reply   
 
Practicing in Mumbai ZohebKhatri@gmail.com

Meet PIO personally find out why there is charge amount, 

Only Photocopy charges needs to provided by Information seeker

 
Reply   
 


Retired employee.

PIO has to provide the information as available in his record.  If the information is available in the form of soft copy, you can demand that information through soft copy in a separate application.  If that record is available in hard copy,m PIO is not supposed to convert that hard copy information into soft copy to provide it to applicant.  Hope the matter is clear.  The soft copy lacks certain advantages, as they are not valid in a court.  If the information is in certified copy, then it is of secondary evidence value in proceedings.

PIO is supposed to provide the information within 30 days from date of receipt of application.  If the application was sent by Regd post, the deliverey status can be tracked in indiapost, and 3o days must be counted from date of receipt.  However, if he has demanded the fees within 30 days, the period of demand to receipt must be excluded while computing 30 days. PIO is under obligation to demand the fees after showing such calculation clearly and should also state the mode of remittance.

If you have asked for voluminous information, the charges may become heavy.  PIO is supposed to charge Rs.2/- per A4 size copy.  Wherever the information is voluminous, applicant has to seek inspection, select relevant and important material and pay to that pages only.

Everything depends on the value and urgency of the information.  If information through certified copies are valuable, applicant goes for that as he may be getting more benefit.

After reading the above, you can decide yourself whether PIO has violated any rules and regulations.   You can go for second appeal and wait for 18 months to 30 years depending on SIC functioning, and can get the documents free of cost, if IC decides as such.  It appears from the dates that PIO has responded within 30 days from receipt.  IC will not consider one or two days delay as serious violation, as selecting of 5000pages itself takes lot of time.  You are aware that it costs you that much.  Reminders are not necessary in RTI as PIO is under obligation to provide or deny information within 30 days, and if information is not received within 30 days, applicant can file first appeal on grounds of deemed denial.

 
Reply   
 
CEO

Yes! you meet PIO andf ask  about the exorbitant money  yto get the required information at a nominal amount. If he rejects go for appeal.As RI Act is enacte4d maainly for the benefit of common man it would not be so expencsive and it wwas people friendly.

 
Reply   
 
CEO

Yes! you meet PIO andf ask  about the exorbitant money  yto get the required information at a nominal amount. If he rejects go for appeal.As RI Act is enacted mainly for the benefit of common man it would not be so expencsive and it was/is people friendly.Also requet him that  you  would send the  information on CDs. I you appreciate this answer please give me all my profile likes.

 
Reply   
 
CEO

Sir, Shri G.L.N.Prasad has very ably and explicitly attended the query. Please follow the guidelines. Good luck, Kishor Mehta
 
Reply   
 

Thanks to all for kind guidance.

 
Reply   
 

Please mention the article or rule of RTI Act 2005 under which PIO is not supposed to convert that hard copy information into soft copy to provide it to applicant?

 
Reply   
 

Please mention the article or rule of RTI Act 2005 under which PIO is not supposed to convert that hard copy information into soft copy to provide it to applicant?

 
Reply   
 
Retired employee.

 

Mr.Yadav,

PIO is not supposed to convert information and should provide as it is available in his record.

For example if information is available in hard copy, only hard copy can be provided.  If it is available in soft copy information can be provided electronically.  If it is available in English, that record will be provided and not translated to any language applicant wishes.

There is no such rule as stated by you.

The simple stipulation is that  information as available in record has to be furnished as it is available without any conversion, modification and translation.

Please search in DOPT website and down load the OM that states what is information and they have quoted CIC decision and HC verdicts.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu