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    Court Fee not Applicable? Plz advise.


    I had sent a RTI Application to the PIO, IOC, Indian Oil Bhavan, Kolkata – 68 on 01-09-2007. After the elapse of 30 days, I have sent the first appeal to the First Appellate Authority, Indian Oil Corporation Limited. Only after that, I received a letter from the PIO on 22-10-2007 that the mode of payment through court fee that I had exercised is not admissible as per provision of the law. Furthermore I’m advised to send the application fee through Cash against receipt / DD / Bankers’ Cheque / IPO for proper disposal of my application.
    <o></o>Please let me know the reference of RTI Act under which mode of payment through Court Fees stands valid in <st1>West Bengal</st1>. Furthermore please advice me the right course of action.


    › Find content similar to: Court Fee not Applicable? Plz advise.


    Last edited by linardni; 22-10-07 at 02:41 PM. Reason: to delete unwanted emoticons

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    Re: Court Fee not Applicable? Plz advise.


    It is not in the RTI Act but in the Rules on the subject framed by the appropriate government. Kindly look at the Rules framed by the West Bengal government on the subject. Payment by court fee stamp is accepted only in certain States like Kerala.

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    I have implemented payment through court fee in several other departments of West Bengal. However it's the first time the mode of payment got bounced.

    For kind information please check Rule 3 of link West Bengal Information Commission
    Please advice me how to address the PIO now.

  4. #4
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    Re: Court Fee not Applicable? Plz advise.



    Helo linardni,

    I think IOC is a Central Public Authority and WB RTI Rules does not apply to it.

    The PIO is right in rejecting your application. You have to apply again.

    Sidmis

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    Re: Court Fee not Applicable? Plz advise.


    Rule 3 of Governmentof WB Notification say that "........shall accompanied with a COURT FEE OF Rs 10/-" Unlike CIC and other State gpvernments it does not specify the mode of payment.Generally the mode of payments laid down by the CIC is followed unless otherwise specified. In certain states like Kerala the mode of payments are specifically given which apart from those of CIC specifically include "Court fee stamp". WB government Rules does not say acceptance of court fee stamp but "Court Fee". Court fee does not mean fee by way of court fee stamp. I am afraid that you have no choice other than adhering to the directions of IOC. It is a different matter that someone out of ignorance might have accepted Court fee stamp. In your case as per the Rules the IOC is very correct.
    Last edited by colnrkurup; 22-10-07 at 05:32 PM.

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    Re: Court Fee not Applicable? Plz advise.


    Payment by court fee stamp is accepted only in certain States like Kerala & west Bengal. But IOC, as correctly mentioned by Sidmis , is a Central P.A. So this is the position. And you have to act accordingly--- Abhijeet<!-- google_ad_section_end -->

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    Re: Court Fee not Applicable? Plz advise.


    Dear forum members,
    I understood where I was wrong. However as I neither received any information nor any intimation of rejection of my request within the stipulated time period of thirty days can I seek any recourse as my request is deemed to have been refused u/s 7 (2) of RTI Act 2005?

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    Re: Court Fee not Applicable? Plz advise.


    linardni,

    Sidmis is correct.
    You can try to go in for First Appeal / Complaint but I doubt that you will be successful.
    Better to reapply with the correct method of payment.

    I am trying to compile the chart for payment forms in different states....but several states still to be filled up.
    Can members please help !
    Please see:

    http://www.rtiindia.org/forum/1129-a....html#post4217

    Both Kerala and West Bengal are missing from the list.
    linardni & colnrkurup, can you please help since you are in those two states.
    Last edited by karira; 22-10-07 at 08:40 PM.

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