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lissing perme (unemployed)     29 December 2010

Power of CIC/SIC under RTI2005

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.?????



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 5 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     09 January 2011

Dear   Lawyer,

                          " YES",    The   Information   Commissions   have   power   to    consider   unreasonable   amount   of   fee   of   the   RTI   Applicant   u/s  subsection  ( d )   of   section 18   of   the   RTI Act,2005.

lissing perme (unemployed)     10 January 2011

Thank's for response!! Sir if possible share some citation cases by SC/HC/CIC /SIC.

As i had made a discussion with our State Information Commission regarding my query.And according to them SIC/CIC has no power to test the reasonability of fees fixed by the  Competent Authority or Appropriate Govt.,as it being the policy matter of  Competent Authority or Appropriate Govt.

Their stand is that they can only test on the reasonability of the additional fee fixed by the PIO not by  Competent Authority or Appropriate Govt.

I think there is loophole in the RTI Act.2005 itself ,as Section 18,sub-section (d) of RTI Act.2005, do not provide clear cut idea  about  power of SIC/CIC to test the reasonability of fees.More over there are also other certain aspect in RTI Act.2005 which need a legal interpretations from experts.

Again sir for clear understanding of my query i would request you to go through my previous post,under the heading "Question on reasonablity of fee under RTI 2005"

Waiting for your advice!! thank's again.

DR.SANAT KUMAR DASH (Eye Specialist)     11 January 2011

DEAR   LISSING,

                                  FIRST    FILE   A   COMPLAINT    BEFORE   THE    STATE   COMMISSION   U/S   18 ( d )   &   YOU   WILL   GET    THE   FRUIT.  AS   THE    RTI   ACT    IS   A   NEW   ONE...........THERE   IS    NO   CITATIONS   EITHER   OF   HIGH  COURT   OR   THE   APEX  COURT   OF   INDIA.

lissing perme (unemployed)     11 January 2011

Thank's for your advice and hope you gone through my my earlier post,under the heading "Question on reasonability of fee under RTI 2005". Sir, again hope that now you has got the fact of my query.

so sir do you thing I should go for  complaint to COMMISSION   U/S   18 ( d )??? what commission stand are, I had already posted that in my previous post.

 Your comment Pliz!!   following lines;

"I think there is loophole in the RTI Act.2005 itself ,as Section 18,sub-section (d) of RTI Act.2005, do not provide clear cut idea  about  power of SIC/CIC to test the reasonability of fees.More over there are also other certain aspect in RTI Act.2005 which need a legal interpretations from experts".

lissing perme (unemployed)     13 January 2011

Respected Experts,

I really need serious advice and discussion on this post.


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