BPL applicant to pay documents fees?

[advocate rajesh]

Sir,The applicant who is BPL is to to be provided information free of cost What does it mean ? whether he will get "even" the documents free of cost or only application fees is exempted for him. There is a confusion about this.

[karira]

As per the RTI Act, only fees prescribed under Sec 6(1), 7(1) and 7(5) are exempted for BPL people.

"Additional Charges" as prescribed in Sec 7(3) are not exempted.

Sec 7(5) , the second para:

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

However, it sounds very silly that a BPL person is not expected to pay a Rs. 10.00 application fee and then is handed over a bill for Rs 100/- for photo copying charges !

[advocate rajesh]

Sir,karira
It is very serious matter and maximum people are unaware of this fact and they presume that the information will be provided free of cost . In Haryana it seems to be a matter of great concern as her the fees per documents is Rs 10/- some times it runs in thousands . If a BPL applicant is made to pay such huge amount what is the fun of RTI. On one side the Govt is providing plots free of cost to the BPL person here they are being made to pay huge amount. The fees for the documents should be governed by the central rule .

[sandeepbaheti]

Let us understand the matter from the scratch:

The Act requires two types of fees:
1) Application fees u/s 6(1)
2) Fees for providing information (also referred to as cost of information) u/s 7(1).

Sec 7(3) merely explains the procedure to be followed regarding the communication of further fees as required u/s 7(1) and does not levy any separate fees.

Sec 7(5) talks of fees to be paid where information is provided in printed or electronic form. This also is merely a repetition of the fees prescribed u/s 7(1).

The proviso to Sec 7(5) exempts BPL citizens from payment of fees under Sec 6(1), 7(1) and 7(5).

Thus, application fee u/s 6(1) is exempt without any doubt.
Cost of information u/s 7(1) is also exempt.
Since the fees referred to in Sections 7(3) and 7(5) are merely repetions of the fees prescribed u/s 7(1), this is also exempt.

In other words, although the proviso to Sec 7(5) does not cover Sec 7(3) but Sec 7(3) applies "Where a decision is taken to provide the information on payment of any
further fee representing the cost of providing the information". In case of BPL applicants no such decision can be taken as per proviso to Sec 7(5).

Thus, BPL is fully exempt from payment of any fees.

[advocate rajesh]

sandeep Ji
your reply has encouraged me . It is avery serious topic and it should be discussed. There is no straight forward provision in the RTI Act which says that BPL applicants will have to pay documents fees. The intention of the legislature while framing the law was I think positive . It is only the PIO which might be interpreting the same only to delay the proceedings or not to give the information. How can the legislature expect that the poor person who is not having even bread to eat can pay huge fees such as in Haryana which some times runes in thousands. Other member friends should come forward to discuss it . Is there any decision on this issue so far. Thanks

[karira]

Sandeep,

But there are many totally contradictory orders of the CIC and SIC.
They have consistently ruled that BPL are not exempt from "additional fees".

[sandeepbaheti]

Originally Posted by karira

Sandeep,

But there are many totally contradictory orders of the CIC and SIC.
They have consistently ruled that BPL are not exempt from "additional fees".

What can I say? The Act is pretty clear on the matter. Sec 7(3) only explains the procedure to be followed if additional fees are to be charged and does not prescribe any fees separate from that prescribed under Sec 7(1).
As it is, the CIC and SIC are themselves not clear on many a provision of the Act. May be they will change their decision if some appellant can clearly explain this to them.
By the way, some State Rules (for example M.P.) clearly state that no fees whatsoever is to be paid by BPL applicant. If applying to a PA under some other state it's better to check the relevant rules to clarify the matter.

[colnrkurup]

Your contention is absolutely correct Mr.Sandeep. As per explicit provisions of the RTI Act 'no such fee shall be charged from the persons who are of below pverty line" . Here, the word "such" means the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7. All fees liable to be charged fall under any of these sections only.
The CIC and SICs are neither court of records nor they themselves consider the orders/interpretation of each other binding. These orders does not have the sanctity of High Court and Supreme Court judgements. Even the orders of a particular commissioner is not statutorily binding on the same Information Commissioner in a difference case in similar cituation. Hence such orders are of no consequences.

Will the SIC accept if an applicant make a prayer " Since the type of information sought has already been ordered tobe provided vide CIC No...........dated, the CPIO may please be ordered to privide the information sought. Since the CPIO is well aware that such type of information has already been ordered to be provided, his present denial of the information sought by the appellant amount to "refusal of information without any reasonable cause" and liable for award of penalty under Section 20(1)"

[advocate rajesh]

Thank you Col Sir.

[sandeepbaheti]

I just came across Assam RTI rules. They have very clearly classified all fees payable as falling under Sec 6(1), 7(1) or 7(5). I recommend everyone to go through the Assam Rules http://www.sicassam.in/downloads/costrules.pdf .
The CIC on the other hand is under a wrongful impression that additional fees are prescribed under Sec 7(3) whereas Sec 7(3) merely specifies the procedure to be followed by PIO when additional fees are levied.