Govt Circular with regard to RTI Act, 2005 – Implementation of sub-section (3) of Section 7 of the Act – Intimation to pay additional fee for providing Information within the fixed period – Instructions – Issued.

GOVERNMENT OF ANDHRA PRADESH
GENERA ADMINISTRATION (GPM&AR) DEPARTMENT
Circular U.O. Note No.7490/RTIA/GPM & AR/2011 Dt: 30.4. 2011.
Sub:- RTI Act, 2005 – Implementation of sub-section (3) of Section 7 of the Act –
Intimation to pay additional fee for providing Information within the fixed
period – Instructions – Issued.
Ref:- From the Secretary, APIC, Lr.No.1811 / APIC / B / 2011, dt.19.02.2011.
* * *
The Secretary, Andhra Pradesh Information Commission in his letter in the
reference cited, has reported that Public Information Officers after sending
information asking the applicants to pay the fee are not taking further action and as a
result the applicants are filing first appeals stating that the information sought for has
not been furnished by the Public Information Officer and that the information be
provided free of cost as laid down in sub- section (6) of Section 7 of the Act. In many
cases the appellants are claiming that the communication asking them to pay the fee
has not been received by them from the Public Information Officer within 30 days.
2. Sub- section (3) of Section 7 of the Right to Information Act, 2005 (Act 12 of
2005) provides that where a decision is taken to provide the information on payment
of any further fee representing the cost of providing the information, the Public
Information Officer (PIO) shall send an intimation to the person making the request
giving the details of further fee to be paid requesting him to deposit the fee. The
period intervening between the despatch of the said information and payment of fee
shall be excluded for the purpose of calculating the period of 30 days prescribed in
sub –section (1) of Section 7 of the Act.
3. All Departments of Secretariat, all Heads of Departments and District
Collectors are therefore requested to issue instructions to all Public Authorities under
their administrative control to ensure that the communication asking for payment of
further fees for providing information be sent by the Public Information Officer well
before 30 days of receipt of the application filed under sub-section 1 of Section 6 of
the Act. It is advisable to send the communication by Registered Post with
acknowledgement due, so as to enable Public Information Officer to have evidence of
despatch of the Communication and also ensure that the communication reaches the
applicant and complaints regarding non receipt of the Communication regarding
payment of fee are avoided.
4. Further the Public Information Officer should indicate a reasonable time fixing
a date by which the further fee has to be paid. In case the further fee is not paid
within the time allowed, the Public Information Officer can take a decision to reject the
application on the ground of non-payment of the further fee duly informing the
applicant.
MINNIE MATHEW
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
All Deptts of Secretariat.
All Heads of Departments.
All District Collectors.
Law ( E) Dept.,
Copy to:
The Secretary
A.P.Information Commission
HACA Bhavan
Hyderabad.
//FORWARDED::BY ORDER//
ASSISTANT SECRETARY TO GOVT.