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Time limit for additional fees.


debaprasad92

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debaprasad92

Respected members,

Is there any time limit to intimate the applicant for additional fees? PIO send a ordinary letter (not in form:-B, mentioning extra fees of 200 rupees of 100 pages to deposit only at college counter after 27 days of filing RTI application. Plz give valuable suggestions.

 

Thank you.

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rameshverma
Respected members,

Is there any time limit to intimate the applicant for additional fees? PIO send a ordinary letter (not in form:-B, mentioning extra fees of 200 rupees of 100 pages to deposit only at college counter after 27 days of filing RTI application. Plz give valuable suggestions.

 

Thank you.

 

No. However DOPT issued the clarification vide OM No. 12/31/2013-IR dated 11.2.2013 which states as under:-

 

2. The Central Information Commission in one of its orders has mentioned that while there cannot be any hard and fast rule about when exactly the

intimation about the photocopying charges should be conveyed to the information seeker, it is implied in the prescribed time limit that the demand

for the photocopying charges must be made soon after the RTI application is received so that the information seeker has time to deposit the fees and

receive the information within the prescribed thirty days period. If the information sought is not voluminous or is not dispersed over a large number

of files, computation of the photocopying charges should not be a time consuming task. As soon as the RTI application is received, the holder of the

information should decide about how much information to disclose and then calculate the photocopying charges so that the CPIO can immediately write

to the information seeker demanding such fees.

 

No need to worry as PIO has to provide the information within prescribed period excluding the period consumed after demanding the deposit of further fee under Section 7(3) and deposit thereof by the applicant.

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D.T.RATHAVA

if PIO send you later in stipulated time limit and you needs information urgent be paid fees and get information,

if not urgent file first appeal

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RAVEENA_O

PIO has 30 days time to supply the information. As per the provision of section 7(3)(a) of the RTI Act, wherever a decision is taken by a PIO to provide the information on payment of any further fee representing the cost of providing the information, he shall send an intimation to the person making the request, giving 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 under sub-section (1) of section 7, requesting him to deposit that fees. The period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred above.

 

Therefore, there is no infirmity in the decision of PIO. It is not necessary that you should visit PIO's office. You can remit further charges/fee in the mode prescribed under RTI rules applicable to the public authority and intimate the PIO accordingly.

 

In this case PIO advised you the charges presuming that you will personally collect the information. In case, if you are not visiting PIO's office, please examine your state RTI Rules, to ascertain whether there is provision for additional postage charges for sending information by post / speed post.

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MANOJ B. PATEL

"It is not correct to inform applicant to deposit fee for the asked documents so late as to near to the completion of 30 days period". - Ramesh Agarwal v. Ministry of Environment & Forest.

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debaprasad92

According to CIC & DoPT, if information is not in voluminous then PIO should inform applicant as soon as possible. But here in this case PIO send letter to deposit fee of 100 pages after 28days of filing date. I think it would be better to get the documents. If PIO will not provide right information then i will go for next step.

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karira

You should be happy !

 

Because you have very good chances of getting the information free.

 

===============

 

The PIO has 30 days to provide you information.

The time period between the day that he informed you for additional fees and the time you deposit is not counted in the 30 day period.

 

In your case:

 

PIO took 27 days to ask for additional fees.

Pay the fees.

Then the PIO has exactly 3 days to provide you the information.

 

He obviously cannot (or will not). I am very sure.

 

If he overshoots the 30 days period (in total) then file a first appeal and ask for a refund.

 

DON'T WORRY, BE HAPPY !

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debaprasad92

I think applicant also have 15 days to deposit fees..so i will submit 2/3 days later, then the 30days period will be passed. Thanks for all suggestions. Proud to be in this portal.

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RAVEENA_O

There is no such express provision of 15 days time limit to deposit fees, however, it is legitimate expectation that the applicant shall deposit the amount and obtain information within a reasonable time. When the Act cast an obligation on PIO to supply information within 30 days, the applicant is expected to obtain it within such reasonable time. The provisions of the RTI Act has already been discussed on Post No.4 above, which provides as under:

 

(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—

 

(a) 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 under sub- section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

 

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Sunil Ahya

It is a norm of the PIOs across India to reply exactly on the 30th day of the receipt of RTI application and then it takes 5 to 10 days for the postal transit time, and as such the RTI applicants across India receive their reply anywhere between 35 to 40 days of having filed the RTI application and that too if they are lucky, because in quite a few cases PIOs just do not bother to reply unless first appeal has been filed, or worst in some cases unless second appeal has been filed.

 

Therefore practically speaking, just pay the amount and get the required information.

 

As far as getting a refund of Rs. 200/- is concerned the process and procedure is likely to cost you more than the principal amount.

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Prasad GLN

What is this condition "depositing cash at College Counter"? Is this according to RTI Act and rules and regulations of that Public Authority ?

Whether PA is having separate rules and regulations for copies as it is connected with academic issues like copy of answer sheets ?

What are the specific copies member has requested ?

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RAVEENA_O

It is so simple - the public authority is a college and wants the applicant to deposit further fee in cash at its cash counter and collect the information.

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debaprasad92

6 months ago i have filed RTI application to get information on appointments in this college. They played a trick with me & didn't provide information. So case is pending under SIC. Again i have filed same. This time they said to deposit 200 rupees. I know they will not provide perfect information. If they will provide a scam will be exposed & principal will be terminated.

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debaprasad92

FAA has no power to impose penalty or give compensation. So should i move to SIC, if necessary. 200 rupees is not matter, thing is college authorities & PIO are not well known to RTI act. My aim is to bring transparency in our college. At least they will think 100 tyms before doing any illegal work.

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RAVEENA_O

Please remit Rs.200/- and collect the information. If you are not satisfied with the information so supplied, please revert back to us for further guidance in SA / Complaint.

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