Dear Friends,
With reference to the Maharashtra Right to Information Rules, 2005, made by the Maharashtra (appropriate) government under section 27(2) of the RTI Act,
I have copy pasted below Rule 4 (1) (A) (a) & (b) of the said Rules,
Rule 4(1):
| (A)(a) when the concerned Department has already fixed the price of some documents, maps, etc. | The price so fixed plus postal charges.
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| (b) when the information is readily available, either by way of photocopying, or by other way (copy). | (i) rupees two for each page(in A-4 or A-3 size paper) created or copied plus postal charges; or (ii) actual charge or cost price of a copy in large size paper plus postal charges. |
It seems, use of the following words in Rule 4(1) is ambiguous and lacks clarity:
"already fixed" in Rule 4 (1) (A) (a),
"readily available", & "created" in Rule 4 (1) (A) (b),
"readily available", & "created" in Rule 4 (1) (A) (b),
In the event, when both the conditions occur simultaneously i.e. a PA has already fixed a price for a particular info and also the same is readily available for photocopying:
On one hand, a PA would invoke Rule 4 (1) (A) (a) if charges for the requested information are already fixed by them irrespective of whether the information is readily available for photocopying,
Whereas on the other hand an applicant would invoke Rule 4 (1) (A) (b) suggesting that if the requested information is readily available for photocopying,(why charge more) then the prescribed A-4, A-3 or if larger than that, actual cost incurred for photocopying should be recovered, irrespective of the charges prescribed by the PA for the same.
I think, a clarification from the Maharashtra General Administration Department (GAD) needs to be sought, with a request to issue a Memorandum / GR in this regard.Thanks,
Sunil.
It is not always the same thing to be a good man and a good citizen - Aristotle
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