Dear Mr Nangia, Thank you for reading my mails.
In the instant email under reference, I had not expressed any observation of mine. I was simply linking to the CIC's document and setting out the pertinent portion of the CIC's decsion for ready reference. FYI, I have found that when I express my own opinion here (as a Moderator or otherwise) it affects the discourse on the board. So I prefer to start discussions, or enter the discussion when it is at a fairly advanced stage. Regards Sarbajit --- In [email protected], suresh nangia <sknangia2...@...> wrote: > > Dear Mr Roy > > I read your mails posted on rti board, with interest and try to grasp > the finer points of interpretation of various provisions of RTI Act. I find > these to be quite interesting & useful. > > As regards your observation regarding fee for filing appeal, I hold a > different point of view > It may not be correct or proper to say that there is no provision for > filing an Appeal under RTI. As per Section 27 of the Act, the power to make > rules for carrying out the provisions of the Act has been delegated to the > appropriate government (which too has been defined under Sec 2). While Sec > 27(2)(a, b & c) require prescribing of fee for (a) charges payable for > the information requisitioned and (b) fee payable for filing application, > Section 27(2)(d) requires for prescribing the procedure to be followed > for filing appeals. Section 19(10) which bears a reference in Sec 27(2)(d) of > the Act, makes it mandatory for the SIC / CIC as the case may be, to follow > the procedure so prescribed. It is in pursuit of the provisions of Section 27 > that various Governments (State & Central) have framed rules for carrying > out the provisions of RTI Act, and this includes the fee payable for filing > of appeal(s). Sections 6(1) and > 7(1&5) referred to by you and which are also quoted / referred under Sec > 27(2)(b&c) of the Act, only state that an RTI application should be made > accompanying fee as may be prescribed (by appropriate government).In my view, > if a particular Government has prescribed a fee for filing appeal and this > has been duly notified in accordance with the procedure laid down, it can not > be faulted and/or questioned. In Law, it may not always be proper to read and > quote a particular section in isolation and it needs to be read in > conjunction with provisions of other sections as may be contained in that Act. > > I hope, I have made my point clear > > S K NANGIA >
