Power of CIC/SIC under RTI2005

This query is : Resolved 
 

(Querist)
29 December 2010

Under Section 18,sub-section (d) of RTI Act.2005, do CIC/SIC has power to test the reasonablity of fees prescribed by Competent Authority or Appropriate Govt.?????


Bhawani Mahapatra (Expert)
30 December 2010

Although fee for providing information under RTI is well prescribed in the law, the CIC/SIC has power to decide from time to time the fee to be charged to the applicant for providing information.

lissing perme (Querist)
30 December 2010

Bhawaniji/Sir! Thank's and pliz! convey some citation cases of Supreme Court/High Court/CIC/SIC.

malipeddi jaggarao (Expert)
Click to Talk
30 December 2010

The applicant, along with the application, should send application fee to the Public
lnformation Officer. In case of Government of India prescribed application fee is Rs. 101- which
can be paid through a demand draft or a banker's cheque or an Indian Postal Order payable to
the Accounts Officer of the public authority. The payment of fee can also be made by way of
cash to the Accounts Officer of the public authority or to the Assistant Public lnformation Officer
against proper receipt.
5. 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 Public lnformation Officer.
The fee so demanded can be paid the same way as application fee.
6. If the applicant belongs to below poverty line (BPL) category, he is not required to pay
any fee. However, he should submit a proof in support of his claim to belong to the below
poverty line. The application not accompanied by the prescribed application fee or proof of the
applicant's belonging to below poverty line, as the case may be, shall not be a valid application
under the Act.

The powers of the CIC in this regard is explicitly given in the act as under:
"CHAPTER V
Powers and functions of the Information Commissions, appeal and penalties
18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(d) who has been required to pay an amount of fee which he or she considers unreasonable;"
Thus CIC has power to reconsider the amount
of the fee if a representation is made that it is unreasonable. The representation can be against the demand of any authority which intends to supply the information.

lissing perme (Querist)
30 December 2010

Thank's Malipeddiji!in relation to this topic I highly request you pliz!! go through my post in question to expert under the heading!!"Question on reasonablity of fee under RTI2005" in which I mention the facts of my case.And pliz! suggest me some citation cases by Supreme Court/High Court/CIC/SIC which will be helpful to me in further processes.THANKS Again!!

M V Gupta (Expert)
30 December 2010

Where is the need to site a precedent? The issue has to be decided by the CIC based on the facts of each case. The complainant should substantiate his complaint that the Authority concerned has demanded unreasonable fee. Argue ur case on the facts and the actual number of pages or copies of the documents furnished to u by the Authority etc.

lissing perme (Querist)
30 December 2010

Thank's for reply sir!!again sir,precedent will make my argument easier before SIC.Moreover I had already some normal talk with members of ours SIC regarding my compliant.During talk they told me that if their is established rule (about the fee of Rs 10/- per marks statement of candidate)they are helpless,they viewed that they has no power to test th reason-ability of fees prescribed by the Appropriate Govt. and Competent Authority.
so sir if you provide me any precedent it will make me easier to show that they have power to test the reason-ability of the fee.
As already I have highlight the fact of my case before you,if possible pliz!! mention some precedent for which i will really thankful to you.

Advocate. Arunagiri (Expert)
31 December 2010

It is a repeated query. I myself had replied for the same.



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