Friday, September 19, 2014

Pondicherry: CF not accepted as Fees under RTI Petition

Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi­110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2013/000115
Dated: 26.4.2013

Name of Complainant: Mr. B. Bharathi 
Name of Respondent: Law Department, Chief Secretariat, Puducherry. 

ORDER

The Commission has received a petition dated 5.2.2013 from Mr.B.Bharathi against the Law Department, Chief Secretariat, Puducherry for deemed refusal to his RTI request dated 11.11.2012.

2. On perusal of the documents submitted by the Complainant it is observed that he has submitted a Court Fee Stamp of Rs. 10/- alongwith his RTI application which is not the prescribed mode of payment as per rules. Rule 3 of the Right to Information Act, 2005 (Regulation of Fee and Cost), necessitates that RTI requests should be accompanied by an application fee of Rs.10/- by way of cash against proper receipt or by Demand Draft or Bankers cheque or Indian Postal Order payable to the Public Authority. 

3. The instant complaint fails the maintainability test because the prescribed RTI-fee has not been paid by the complainant to start the RTI proceedings.

4. The Complainant is advised to submit a fresh RTI application along with fee of Rs.10/- as per RTI Act, 2005.

(Sushma Singh)
Information Commissioner


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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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