Gentleman, Kindly refer to section 7 (6) which clearly states "Notwithstanding anything contained in sub section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
and I suppose ur case comes in this category, so tell the FAA to direct the PIO to provide the information free of any charge. On Sat, 22 Mar 2008 Avinash Murkute wrote : >Dear All, > >In recent appeal with AA Panchayat Samiti Cum BDO Hingna Nagpur >followings were discussed. PIO failed to give 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. (Please refer earlier >post RTI at Village level) > >PIO was required to carry all the information pertaining to the >case, as mentioned in the notice issued by AA, but PIO was unable to >provide the same during appeal proceeding. Ultimately he called >employees during appeal proceeding who carried few information, but >still couldn't submit the calculations. What should be cost of >information, what is the size of paper, what is per page cost >couldn't be ascertained. PIO demanded Rs 266O for approximately 600 >pages which included search fee and postage. > >PIO was of the opinion that he has powers to charge @ Rs. 5 per page >information and RTI act allows him to decide the cost of >information. Copies of resolutions by Gram Panchayat and date of >such resolution couldn't be ascertained as PIO failed to carry this >information. AA was of the opinion that A4 page will cost Rs. 2 >only. > >Order was not pronounced in appeal proceeding and order is awaited. >Appellant prayed that since PIO failed to carry information and >based on the documents available on record, PIO failed to provide >calculations, information may please be supplied free of cost. Order >is awaited! > >-------------------------------------- >Dear All, > >RTI act 2005 has section 27 (appropriate Government) and section 28 >(competent Authority). Definition of competent authority excludes >PIO and Gram Sachiva of Gram Panchayat. If at all section 27 which >relates to power to make rules by appropriate Government has to be >considered my queries are. > >1) Who can prescribe the fee payable under sub-section (1) of >section 6 and the fee payable under sub-section (1) and (5) of >section (7) >2) The appropriate Government may, by notification in the >Official Gazette, make rules to carry out the provisions of this >Act. How rules are notified in Official Gazette? >3) Can PIO of GP make the rules as described above? >4) Can PIO of GP apply two different fees to two different >applicants? > >-------------------------------------- >Humbly requesting valuable inputs with case studies which will help >me obtain information and/ or file further appeal with IC. > >Regards, >Avinash Murkute > BIMAL KUMAR KHEMANI Saha-Prant Sangathan Mantri, AKHIL BHARATIYA GRAHAK PANCHAYAT BRAJ PRANT, 2/40D, Janakpuri, Marrish Road, ALIGARH-202001. INDIA Phone:0571-2401557, MOB:-093597BIMAL e.mail: [EMAIL PROTECTED] [Non-text portions of this message have been removed]
