Section 2(j)(i) of the RTI Act stipulate that "right to information" include right to inspect documents. In the absence of any time-frame laid down for the PIO to respond to such request for inspection, how to proceed ?
Normally, the PIO is expected to assign such date, place and time within reasonable time. But what happen when the PIO just refuse to respond or communicate his refusal to allow inspection ? My view is that the prescribed perod of 30 days, 45 days and 90 days are equally applicable in such cases. If the applicant does not get any response within the prescribed period of 30 days or the PIO refuce to such request, the applicant should prefer his first appeal and proceed further like any other RTI application
I feel that in such cases where the inspection is refused, provisions of Section 7(6) [provision of information free of charge - ie., allowing inspection without any charges] should l also operate.
Thank you Mr.Karira. What I was wanting to bring out was applicability of the 'additional charges' aspect for inspection. As one does not pay the prescribed fee of Rs.10/- for inspection, it is natural for anyone to have a doubt on applicability of the30, 45 and 90 days. I had repeated it as I was unable to locate my 28 months old post. Thank you once again.
If you ask for "inspection" by making a application under Sec 6(1), the application fee has to be paid. Inspection charges (time based rate) will also be applicable. If inspection is not allowed within the mandated time period of 30 days, then it has to be allowed "free of charge" (Sec 7(6)).
All this is true, even if you "apply" for information that is to be suo-motu disclosed under Sec 4.
If you go to a PA and ask for "inspection", for that information that the PA has to suo-motu disclose under Sec 4, then no application fee has to be paid. Inspection charges will also not be applicable.
I am confused more. For eg. If one want to inspect the files it is not appropriate to walk into the PIOs office and seek inspection of files. For administrative convenience, we make a formal request (not under Section 6(1)) seeking date, time and place where the files will be made available for inspection. Normally one get a reply within a week. One inspect the files and ask for certified copies of specific letters under Section 6(1).
As per your contention at post 20, one has to make an application for inspection under Section 6(1). The PIO can avail 30 days to reply or allow inspection. The applicant has to apply for the documents again under Section 6(1), of cource remitting the prescribed fees in each time. As per your above contention whenevever we seek inspection in cases stated above, one has to apply under Section 6(1) Kindly confirm.
1. As per the RTI Act, every PA has 3 categories of "Information":
a) Information which can be given if a application is made under Sec 6(1) of the RTI Act.
b) Information which has to be suo motu disclosed under Sec 4 of the RTI Act.
c) information that can be denied under Sec 8, 9, or that can be servered under Sec 10 or only given after "third party" consultation under Sec 11.
If you apply for information under Sec 6(1) (even if it is to be suo motu disclosed under Sec 4), then application fee, inspection fees, etc, have to be paid. Usual conditions/terms under Sec 7 are applicable.
If you write to the PIO (or walk in) and ask for information, stating that it is to be suo motu disclosed under Sec 4 (and not mention Sec 6(1) or not mention the phrase "RTI Application" anywhere), you have not to pay any application fee nor inspection fee nor further fees.