Dear Members
As I have received over 50 offlist requests wanting to know what the funda of this is, I am summarising it
1) Section 6(1) requires citizens seeking information to submit a "request" either "in writing" OR "through electronic means". So submtting requests by "e-mail" is our right.
2) Section 6(1) further requires that "such fee as MAY be prescribed" must "accompany" the request. Prescribed has been defined to mean prescribed by RULES made under the Act.
3) Sub-section 27(1) empowers the Central Govt to generally prescribe anything to carry out the provisions of the Act. It is not mandatory ("may") for the Govt to do so.
4) Sub-section 27(2) empowers the Central Govt to prescribe the fees payable u/s 6(1). Once again it is not mandatory ("may") for the Govt to do so.
5) Accordingly the DoPT has framed Rules known as RTI (Regulation of Fee and Cost) Rules 2005. These are under 27(2)(b) and (c). It is to be particularly noted that these are not u/s 27(1).
http://cic.gov.in/CIC-Notifications/RTI%20Fee%20Cost%20Rules.pdf
6) 27(2)(b) and (c) DO NOT empower the DoPT to prescribe the mode of payment of the fee. They only empower the DoPT to prescribe the fee for 6(1) requests.
7) DoPT has only prescribed a fee of Rs 10 in modes suitable for accompanying written requests - ie. Cash Receipt, IPO, DD etc. DoPT has NOT prescribed any MODE of payment suitable for electronic requests. Hence there is no prescribed fee for electronic requests.
8) Hence there is no need for Rs.10 to accompany RTI requests sent through electronic means such as emails.
Sarbajit
--- In rti_india@yahoogroups.com, "sarbajitr" <sroy1947@...> wrote:
>
> Yes, isn't it ??
>
> I think we can now safely say that this group has empowered all Indian netizens, and the volume of RTI requests is just going to go up by a factor of 10<??) !!!
>
> Sarbajit
>
> --- In rti_india@yahoogroups.com, Manoj Pai <manojpai@> wrote:
> >
> > Say Sarbajit.... isn't it shocking. I am petrified.
> >
> > ;-)
> >
> > Manoj
> >
> >
> > --- On Fri, 7/23/10, sarbajitr <sroy1947@> wrote:
> >
> >
> > From: sarbajitr <sroy1947@>
> > Subject: [rti_india] The greatest RTI discovery since the invention of sliced bread
> > To: rti_india@yahoogroups.com
> > Date: Friday, July 23, 2010, 11:06 PM
> >
> >
> >
> >
> >
> >
> > Question #1:
> > What is the application fee which non-BPL citizens have to pay for RTI requests to Central Govt P/As under section 6(1).
> >
> > Answer #1:
> > ZERO !!
> >
> > Sarbajit
> > .
> >
>
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