Intimation for deposition of fees with in 7 day

[advocate rajesh]

Sir,

As per Haryana Rules for RTI under Rule 4 ( Deposition of fees) Sub rul 4 the SPIO is supposed to intimate the the applicant with in 7 days of the receipt of the application and if the applicant fails to deposit the fees within 15 days the application will be deemed to have been filed . Suppose SPIO does not intimate with in 7 days and intimate after 10 or say 15 days ,can the applicant claim documents free of cost as it the SPIO who has not followed the rule .Comment pls

[DineshK]

There is no mention about this in the rules published by Haryana Govt. Moreover, the counting of 15 days is from the date of issuance of intimation by PIO and not the date of receipt by the applicant. So in case you receive the notice from PIO after 5 days of issuance, you have only 10 days to deposit the amount.

If a PIO issues an intimation the next day and you dont deposit the amount in next 15 days then your application "deemed to be filed" within 20 days. As per these rules no further action is required on that application.

I am attaching a copy of the rules by Haryana Govt. so that learned members can guide us for further action.

[karira]

Dinesh is correct.

[advocate rajesh]

But sir ,

The haryana rule say that the PIO will have to demand the fees of documents in 7 days [b]( rule 4 sub section 4 & 5) Is PIO not bound to follow the Rule? Is it not mandatory provision ?

[sandeepbaheti]

Yes it's mentioned there that PIO has to intimate within 7 days. But no penalty for contravention of this rule is specified.

[DineshK]

In my recent case I have filed my RTI application on 18 Sep 2008. The PIO (Sarpanch) has send the intimation to pay Rs. 5300 on 7th Oct 2008 which was received by me on 10th Oct 2008.

Now what should I do ?

[colnrkurup]

The Free of cost issue aspect is not expressed in the Rules. Hence it will auomatically attract Section 2(2) of the Rules.ie., the provisions of the RTI Act will apply. So is the provision on non-deposit of the Additional charges within the specified time. The 7 or 15 days aspect is for deposit of additional charges as asked by the PIO and not the initial fee. This fee of Rs.10/- has to be paid along with the application.

[advocate rajesh]

but sir in the rules it has also been written that if the fees is not deposited with in 15 days the application shall be deemed to be filed , in case which law will prevail. can my application be filed with in one month

[sandeepbaheti]

Rules made under any Act are meant to give effect to the provisions of the Act and cannot go against the provisions of the Act itself. Whenever there is any conflict between the Act and the Rules, the Act shall prevail. But this is the correct legal position. As far as practical position is considered I am sure Haryana IC's will give importance only to the Haryana rules even if it violates the Act.

[karira]

Originally Posted by sandeepbaheti

Rules made under any Act are meant to give effect to the provisions of the Act and cannot go against the provisions of the Act itself. Whenever there is any conflict between the Act and the Rules, the Act shall prevail. But this is the correct legal position. As far as practical position is considered I am sure Haryana IC's will give importance only to the Haryana rules even if it violates the Act.

Please see a order of the CIC here:

RTI Rules cannot be in direct conflict with the RTI Act - landmark order of the CIC

[sandeepbaheti]

Totally as expected. But this is CIC. I don't think Haryana SIC will have similar views. SICs never go against the state RTI rules even if they are directly against the Act.

Please also see Inconsistent State RTI Rules