Question: Can PIO ask for collection and prepation charges of RTI information ?

[DineshK]

In reply to one of my RTI application I have received the following from PIO.

2. You are requested to pay a sum of Rs. 699.00 (Rupees Six ninety nine only) in advance, representing the tentative cost of providing the information, which is computed as under :-

Creating/copying for approx 223 number of pages @2/- per page = Rs 466.00
Add : Apportioned cost of collection and preparing the requested information = Rs. 233.00
Total = 699.00

While I agree for the cost of copy charges I have never seen the charges like "Apportioned cost of collection and preparing information" .

Should I deposit the amount or appeal under section 19 ?

[taurus]

This is another moot point in the Act and Rules. I remember to have seen conflicting decisions of CIC on this. In my personal opinion the Act and Rules thereunder donot provide for collecting such fees. The are not laid down in the rules. The probable excuse the PIOs will have is that the info that u had asked for does not exist inthe form in which you have asked it for. Hence they have to 'collate', 'create' and 'copy'. Whereas the Rules cater of fees for 'copying' it does not cater for the other activities. You may try your luck with the AA instead of paying it upfront. You have a case - definitely.

[ganpat1956]

Please refer to the discussions we had last year on this subject.The Costing of information

[DineshK]

The PIO says that he is changing the fees under section 7(3)(a) of RTI Act. Does the section 7(3)(a) empowers PIO to include such charges ?

[colnrkurup]

Basically one is not expected to pay any charges not covered by the Act and Rules. But Section 7(3)(a) has a very tricky sentence. It says that "the details of further fees representing the cost of providing the information AS DETERMINDED BY HIM (Viz., PIO)" The PIO can always stick to his stand that ' this is what I have determined and the AA or SIC may decided the way they consider'.

Often it is futile to press the case when the payment involved is small and not economically viable to proceed. However, there is another way of arguement. One can fit in the information sought as falling under the ambit of Section 4(1)(a), (b) and (c), and insist that it was otherwise obligatory for the public authority to publsh the information proactively. Hence the additional charges necessitated is part of his duties.

[DineshK]

Thank you col sir. The information I asked in the above RTI is about the distribution of water tankers in our zone which is follows:

18. Please provide the list of water tankers supplying water on regular/weekly basis in West Zone III. The list should include the following details.
a. Registration No. of the tanker
b. Location/address at which it supplies water
c. Name of parson at whose address the tanker is supplied.
d. Days on which it supplies water
e. Recommended by (Name of authority who has recommended it)

I also fail to understand how such list can run into 223 pages. It seems they have intentionally extended the matter. Though I have decided to pay this amount to get this information, I also want to file my appeal asking them to refund the cost.

[colnrkurup]

In such circumstances,it will be better to inspect the documents and specifically ask for copies of pages you need. Again, everything depend on how important is the information to you, how much money you can afford to waste without a pinch, how much time and effort you can afford vi-a-vis the additional charge demanded. If the information is not urgently required and you can afford to spent time and effort, you can defenitely fight it out. In such eventuality, the main aspect in your favor is that the information you had asked for can be made to fit into Section 4(1). No fee is prescribed for information under Section 4.
As a precaution in my applications for information I have been specifically asking for information defined in Section 2(f), 2(j) and falling under the ambit of Section 4(1) as a routine. As a result, along with the information I have been often getting copies of many documents without demand of additional charges. In one case the PIO had sent me a priced book free of cost to convince me that the information I had demanded has already been published by the public authority.
Everything depend on how the PIO assess your calibre from your style, fairness and business like approach. A PIO is likely tomaintain a poor opinion on applicant entering into prolonged correspondence on meagre charges or wasting everyones time and effort on trivialities.