RTI applicants 'duped', charged more than stipulated amount

[karira]

As reported by Ashutosh Shukla in dnaindia.com on 07 March 2009:
DNA: Mumbai: RTI applicants 'duped', charged more than stipulated amount

RTI applicants 'duped', charged more than stipulated amount

Mumbai: Public information officers (PIO) are increasingly violating the Right to Information Act by asking for more money than stipulated under the Act for providing information, applicants allege. This, applicants feel, is not only a tactic to delay information, but also discourage them from seeking it.

The Act states that information should be given at the rate of Rs2 per page. "But they said I will have to pay Rs25 per page if I want the stamp and seal on the document. For Rs2 I will just get a photocopy, with no stamp or signature. What is the use of such a copy?" asked Bhaskar Prabhu, an applicant.

Though Prabhu got information under the Act, it took two hearings before the appellate authority and legal opinion of BMC lawyers to get it as per the terms of the Act.

The BMC officer concerned wanted to charge him as per Schedule of Fees and Taxes 1994-1995 that levies charges licences, advertisements and documentation.

Joeboy Tadikaran, another applicant, was asked to shell out Rs230 per page on information pertaining to the assessment department.

"Officials said charges would be as per their schedule, and not the RTI Act," said Tadikaran. It was only after paying the "excess amount" that the information was given to him. "In the first appeal, the officer wanted to know why I was fighting about the amount when I had already paid it," said Tadikaran, when he complained. His second appeal to clear doubt was heard by the state chief information commissioner on July 25 last year -- the order is still pending.

Richard Lobo, an applicant, who had sought to inspect files, was asked to pay Rs150. "The RTI Act states that the first hour is free, and from the next hour onwards, only Rs5 is to be charged," Lobo said. But he was told in a written communication that Rs25 would be charged for each photocopied page and Rs60 for a copy of maps and plans.

The state chief information commissioner was not available for comment.

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[colnrkurup]

Sponsorer

I doubt whether the applicant will succeed. Section 7(3)(a) give vast powers to the PIO. It allows him to charge the cost of providing the information AS DETERMINED BY HIM. In certain Departments like Regisration, certain municipalitiess/Coporations and Courts have their own laid down Rules for providing certified copies. If the PIO does not charge as per their own laid down Rules, the amount short charged is likely to be pointed out by their own auditors and the person responsibles are made to pay. With such a stringent orders the PIOs has no choice other than charging their prevelent rates under the powers vested on him in Section 7(3)(a) " AS DETERMINED BY HIM". I don't think of any solution. The Appellant is not likely to win unless the PIO and AA are so stupid and the IC is ignorant.