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Old 12-09-2007, 12:04 PM
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Re: Supply of Irrelevant records or information may satisfy the RTI Act,2005

colnkurup,

Most of the points raised by you are valid.
But it is our job to rebut each and every contention of the PIO if we find that it violates the RTI Act whether in "letter" or "spirit".

Just one correction, the relevant Section is 7(3) and not 6(3), as mentioned by you.

Section 7(3) has various safeguards built-in:

a.the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the dispatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

b.information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.



1. Details of Fees must be provided
2. Details of calculations must be provided
3. Right of review is available
4. Right to First Appeal is available

I would suggest that if any applicant feels that his application will draw the PIO to ask for additional fees under Section 7(3), he should put the following sentence in his initial application:

"I am willing to pay any additional fees as determined by the PIO and communicated to me in writing with a reasoned order and the details of the calcualtions for such additional fees determined"

This will ensure that the PIO is double careful in calculating and charging exhorbitant or unjustifiable fees.

Please see:

http://cic.gov.in/CIC-Orders/Decision_19062006_5.pdf

Last edited by karira; 12-09-2007 at 12:05 PM.
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