Court Fee not Applicable? Plz advise.

[linardni]

I had sent a RTI Application to the PIO, IOC, Indian Oil Bhavan, Kolkata – 68 on 01-09-2007. After the elapse of 30 days, I have sent the first appeal to the First Appellate Authority, Indian Oil Corporation Limited. Only after that, I received a letter from the PIO on 22-10-2007 that the mode of payment through court fee that I had exercised is not admissible as per provision of the law. Furthermore I’m advised to send the application fee through Cash against receipt / DD / Bankers’ Cheque / IPO for proper disposal of my application.
Please let me know the reference of RTI Act under which mode of payment through Court Fees stands valid in West Bengal. Furthermore please advice me the right course of action.

[colnrkurup]

It is not in the RTI Act but in the Rules on the subject framed by the appropriate government. Kindly look at the Rules framed by the West Bengal government on the subject. Payment by court fee stamp is accepted only in certain States like Kerala.

[linardni]

I have implemented payment through court fee in several other departments of West Bengal. However it's the first time the mode of payment got bounced.

For kind information please check Rule 3 of link West Bengal Information Commission
Please advice me how to address the PIO now.

[sidmis]

Helo linardni,

I think IOC is a Central Public Authority and WB RTI Rules does not apply to it.

The PIO is right in rejecting your application. You have to apply again.

Sidmis

[colnrkurup]

Rule 3 of Governmentof WB Notification say that "........shall accompanied with a COURT FEE OF Rs 10/-" Unlike CIC and other State gpvernments it does not specify the mode of payment.Generally the mode of payments laid down by the CIC is followed unless otherwise specified. In certain states like Kerala the mode of payments are specifically given which apart from those of CIC specifically include "Court fee stamp". WB government Rules does not say acceptance of court fee stamp but "Court Fee". Court fee does not mean fee by way of court fee stamp. I am afraid that you have no choice other than adhering to the directions of IOC. It is a different matter that someone out of ignorance might have accepted Court fee stamp. In your case as per the Rules the IOC is very correct.

[abhijeet]

Payment by court fee stamp is accepted only in certain States like Kerala & west Bengal. But IOC, as correctly mentioned by Sidmis , is a Central P.A. So this is the position. And you have to act accordingly--- Abhijeet

[linardni]

Dear forum members,
I understood where I was wrong. However as I neither received any information nor any intimation of rejection of my request within the stipulated time period of thirty days can I seek any recourse as my request is deemed to have been refused u/s 7 (2) of RTI Act 2005?

[karira]

linardni,

Sidmis is correct.
You can try to go in for First Appeal / Complaint but I doubt that you will be successful.
Better to reapply with the correct method of payment.

I am trying to compile the chart for payment forms in different states....but several states still to be filled up.
Can members please help !
Please see:

Appeals under RTI

Both Kerala and West Bengal are missing from the list.
linardni & colnrkurup, can you please help since you are in those two states.

[abhijeet]

The main point is whether it SPIO or CPIO. In W.Benagal PI court fee stamp paper of Rs 10/- is acceptable. But CPIOs situated within W.Bengal are not accepting that Court fee stamp. So accordingly fees are to be provided---- Abhijeet

[karira]

abhijeet,

RTI Act 2005 is common all over India.
The Central Government has issued Rules and Regulations governing the fees and other matters for those Public Authorities that come under the Central Government.
Similarly, each State Government has also issued Rules and Regulations for PA's coming under State jurisdiction.
Irrespective of where the PA under Central Government is situated, it follows the Central Rules and Regulations.
IOC falls under that category so linardni has to pay the fees as per Central Government rules...even though the office is situated in West Bengal.

[colnrkurup]

FEES PAYABLE IN KERALA FOR INFORMATION UNDER THE RTI ACT
Under Section 6(1):
With the application Rs.10/-
Under Section 7(1):
1. In A4 paper Rs.2/-
2. Inlarger sizepaper Actual expense
3. For samples and models Acural expense/cost
4. For inspection No fee for1st 1 hour Rs.10/- for subsequent 30 minutes and part
Under 7(5)
CD, floppy etc., Rs.50/- each
Mode payment is same as that for CIC + the initial Rs.10/-can be paid by way of court fee stamp.

[colnrkurup]

Since You have not filed the RTI application COMPETENTLY asstipulated inSection 6(1), I don't think that you can seek any recource. You have to make the application afresh accompanying such fee as may be prescribed to CPIO or SPIO as the case may be.

[karira]

Originally Posted by colnrkurup

FEES PAYABLE IN KERALA FOR INFORMATION UNDER THE RTI ACT
Under Section 6(1):
With the application Rs.10/-
Under Section 7(1):
1. In A4 paper Rs.2/-
2. Inlarger sizepaper Actual expense
3. For samples and models Acural expense/cost
4. For inspection No fee for1st 1 hour Rs.10/- for subsequent 30 minutes and part
Under 7(5)
CD, floppy etc., Rs.50/- each
Mode payment is same as that for CIC + the initial Rs.10/-can be paid by way of court fee stamp.

Many thanks colnrkurup.
Can you please let me know:
1. The Rs 10/- application fee is in which all forms: Bankers Cheque, IPO, Cash, etc...
2. If any fees for First Appeal and Second Appeal ?
If yes, in which forms ?
3. Relevant GO Nrs.

Thanks

[colnrkurup]

1. Rs.10/-could be in all the forms as applicable to CIC. In addition they have allowed payment by Kerala Government Courtfee stamp.
2. No fees for firstappeal and second appeal.
3. G.O.No.8020/05/GAD dated 10-10-2005 of General Administration Department of Government of KeralaAll theabove information( less the subsequent inclusion of payment by court fee stamp) is availablein Keralagovernment web cites. But it isin 'Malayalam'. However nothing more useful is there apart from what is given by me.

[karira]

Many thanks.
Updated the word doc and started a new thread.