Re: [HumJanenge] DoPT concedes on RTI Rules

And tomorrow is 2nd April !!

No doubt the Govt has powers to set fees and recover costs for
enabling RTI provisions. Each of the fees and costs they have now
agreed to levy can be justified under RTI Act. As such we do not want
to appeal these.

The one we plan to file a 2nd appeal to CIC is to be informed on the
specific provisions of RTI Act which enable a penalty to be levied on
frivolous / vexatious APPELLANTS. (please note this is not levied on
frivolous APPLICANTS) and the reasoning on how this forms part of
Appeal Procedure.

Sarbajit

On Fri, Apr 1, 2011 at 10:31 AM, C K Jam <rtiwanted@yahoo.com> wrote:
> Members, please remember that today is 1st April !
> ________________________________
> From: Sarbajit Roy <sroy.mb@gmail.com>
> To: humjanenge <humjanenge@googlegroups.com>
> Sent: Friday, April 1, 2011 12:05 AM
> Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
>
> Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
> after 1 decided first appeal.
>
> FEES:
> 1) No change in RTI Application fee. It stays at Rs.10
> 2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
> under Court Fee Act, whichever is higher.
> 3) Second Appeal fee to CIC fixed at Rs 250
> NB: Third parties have been exempted from paying appeal fees.
>
> COSTS:
> 1) Costs on hire of machinery, is prescribed for color photocopy
> (Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
> page)
> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.
>
> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000 on /
> vexatious appellants as part of appeal procedure. It is not clear
> which provision / section of RTI Act the DoPT intends to use to
> justify this. We are planning to file 2nd appeal to CIC.
>
>
>
>

Re: [HumJanenge] DoPT concedes on RTI Rules

Members, please remember that today is 1st April !

---

From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge <humjanenge@googlegroups.com>
Sent: Friday, April 1, 2011 12:05 AM
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules

Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
after 1 decided first appeal.

FEES:
1) No change in RTI Application fee. It stays at Rs.10
2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
under Court Fee Act, whichever is higher.
3) Second Appeal fee to CIC fixed at Rs 250
NB: Third parties have been exempted from paying appeal fees.

COSTS:
1) Costs on hire of machinery, is prescribed for color photocopy
(Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
page)
2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.

FINES:
The CIC is being given powers to levy fines upto Rs. 10,000 on  /
vexatious appellants as part of appeal procedure. It is not clear
which provision / section of RTI Act the DoPT intends to use to
justify this. We are planning to file 2nd appeal to CIC.

Re: [HumJanenge] DoPT concedes on RTI Rules

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee? There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized. What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants. After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision.  Who will have the power to decide whether an application is vexatious? When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted. In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases. --- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote: From: Manoj Pai <manojpai@yahoo.com> Subject: Re: [HumJanenge] DoPT concedes on RTI Rules To: humjanenge@googlegroups.com Date: Friday, 1 April, 2011, 6:46 AM > 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer > 3) Cost of issuing Third Party notice u/s 11 is fixed at > Rs. 50 per notice. This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party. > FINES: > The CIC is being given powers to levy fines upto Rs. 10,000 > on  / > vexatious appellants as part of appeal procedure. It is not > clear > which provision / section of RTI Act the DoPT intends to > use to > justify this. We are planning to file 2nd appeal to CIC. > Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years. Mera Bharat Mahan Manoj

Re: [HumJanenge] DoPT concedes on RTI Rules

> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj

[HumJanenge] A Must Read : Dr. Sadgopal's Article in Jansatta on One year of RTE

Dear Members,

 

Pl. find attached an Article in Page 4 of Jansatta by Dr. Anil Sadgopal on One year of implementation of RTE Act. (enlarge the size to 100% to make it easily readable.) The Article provides an insight into the attitude of the Govt and ruling elites towards"Free and Compulsory Education for all" and where it is expected to lead to in the field of Education in India. 

--

Dr.V.N.Sharma
Cell No.9431102680,

Convenor, Jharkhand Shanti evam Nyaya Yatra (JSNY): May 15-20,2011
Member, Secretariat, All India Forum for Right to Education (AIF-RTE) 

& 

Working Committee Member, Jan Sansad 

[HumJanenge] Sordid tale of an institution of national importance

Dear Esteemed Members,

Here is a sordid tale of an institution of national importance being run by one of the most corrupt and dictator. His highhandedness takes life of one most promising graduate of this country please. Support the agitation going on here. Please forward the tale to PM, HRD minister and journalistic community. This mail comes from an alumnus of this institution, RTI activist and Senior Software Engg. in an MNC.

http://justiceforakshay.blogspot.com/2011/03/justice-for-innocent-dead-student.html

http://www.facebook.com/?ref=logo#!/event.php?eid=139681292767827

http://www.facebook.com/?ref=logo#!/notes/siddharth-munot/student-agitation-at-iiita/10150139913553192

Thanks,
Vinit

[HumJanenge] DoPT concedes on RTI Rules

Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
after 1 decided first appeal.

FEES:
1) No change in RTI Application fee. It stays at Rs.10
2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
under Court Fee Act, whichever is higher.
3) Second Appeal fee to CIC fixed at Rs 250
NB: Third parties have been exempted from paying appeal fees.

COSTS:
1) Costs on hire of machinery, is prescribed for color photocopy
(Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
page)
2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.

FINES:
The CIC is being given powers to levy fines upto Rs. 10,000 on /
vexatious appellants as part of appeal procedure. It is not clear
which provision / section of RTI Act the DoPT intends to use to
justify this. We are planning to file 2nd appeal to CIC.