Re: [rti_india] Remedy in case request for voluntary declaration under sec 4(1)(b) not accepted

Wednesday, January 6, 2010

Re: [rti_india] Remedy in case request for voluntary declaration under sec 4(1)(b) not accepted

The PIo is Correct in stating That you have Not paid the Application Fees and He States it cannot be Considered under RTI . Now Whether Your Non Payment of the appln fees can Constitute Total Rejection or can it be remedied . In One Such Case Karnataka information Commission Ruled Non Repayment Can Be Rectified by Collection of Fees Subsequently, But Clause 7(6) cannot be Applied (free of Cost)

Sec 4.4 states may be be Free or at such cost of the Medium or print Cost as may be Prescribed --- To Eject any ambiguity We in Karnataka Through Karnataka Information Commission and Government Have Ensured that the Fee Rules Provide for Rs/- per page Instead of Rs2/- per page for information of 4.1.b supplied

Now as Milind Has Wrote you should Ensure that to Remove any ambiguity and Help all Persons Through the Concerned Information commission Ensure that the Government Inserts into the fee rules Such a clause . If it is CIC you Can have the Karnataka Notification(DPAR11RTI2006 dated 26.12.2006 "2aa) for providing information disseminated under subsection 4 of section 4 shall be rupee one per page in respect of Matter in A4 size)

N vikramsimha ,Trustee RTI Study center & KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Wed, 6/1/10, Milind Kotak <featindia@gmail.com> wrote:

From: Milind Kotak <featindia@gmail.com>
Subject: Re: [rti_india] Remedy in case request for voluntary declaration under sec 4(1)(b) not accepted
To: rti_india@yahoogroups.com
Date: Wednesday, 6 January, 2010, 6:55 PM

Dear Kapil :

You ciuld file a Complaint with the appropriate Information Commissioner.

Regards

Milind Kotak

On 12/29/09, Kapil Chawla <kapilchawlaml@ gmail.com> wrote:

[Attachment(s) from Kapil Chawla included below]

Hi all,

I had requested for voluntary declaration under sec 4(1)(b) of the Right to Information Act 2005 from Assistant Commissioner, Civil Lines Zone, MCD (Who is also Nodal Officer for RTI purpose). No where in my request I had mentioned that the letter was RTI application.

The APIO under his office sent me letter stating that my application could not be entertained as I have not paid the fees.

I understand that voluntary declaration under sec 4(1)(b) should be provided free of cost.

Now what remedy do I have?

Regards,

Kapil Chawla