Payment of fee under the Right to lnformation Act. 2005

OFFICE-MEMORANDUM

Subject : Payment of fee under the Right to lnformation Act. 2005 – scope of subsection (3) of Section 7 of the Act

         The Undersigned is directed to say that a question is raised from time to time whether a Public lnformation Ofticer (PIO) has power to charge fee under Section 7(3) of the RTI Act. 2005 in addition to fee prescribed under Sections 6(1), 7(1) and 7(5) of the Act.

2.        Section 6(1) of the Act enables the Government to prescribe application fee and sub-sections (1) and (5) of Section 7 to prescribe fee in addition to application fee for supply of information. On the other hand sub-section (3) of Section 7 provides the procedure which a PI0 has to follow for realizing the fee prescribed under sub-sections (1) and (5) of the Section. Details of fees that can be charged by a public authority under the Central Government are contained in the Right to lnformation (Regulation of Fee & Cost) Rules, 2005. The Rules or the Act do not give power to the PI0 to charge any fee other than prescribed in the Fee and Cost Rules. Attention in this regard is invited to following extracts from the common order passed by the Central lnformation Commission in Appeal No. CICIMAIAI 2008/0185 (Shri K.K. Kishore Vs. Institute of Company Secretaries of lndia) and Complaint No.CICMIBIC12007/00943 (Shri Subodh Jain Vs. Dy. Commissioner of Police)

MORE DETAILS

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/RTI/12_9_2009-IR.pdf