[Updated on 23/04/2016] Is RTI application affixed by court fee stamp acceptable in Panchayats or not?

rti

[ Post updated on 23-04-2016 ]

The Kerala Right to Information (Regulation of Fee and Costs) Rules, 2006

 As per the rule 3(2) of above Rules says that the application fee shall be paid in any of the following manners,

  1. By affixing court fee stamp; or
  2. By remitting the amount in the Government Treasury, under the head of account “0070 other administrative services – 60 other services – 800 other receipts – 42 other items”; or
  3. By cash remittance against proper receipt in the office of the State Public Information Officer / State Assistant Public Information Officer, as the case may be; or
  4. By demand draft / bankers’ cheque / pay order payable to the State Public Information Officer / State Assistant Public Information Officers.

The Kerala Right to Information (Regulation of Fee and Costs) Amendment Rules, 2007

As per the above amendment the below proviso has been inserted,

“Provided that in the case of Public authorities other than the  Government Departments, the fee shall be remitted to the account of such public authority as provided in clauses (c) and (d) of rule 3”

Letter No.29782/C.D.N.5/09/GAD dated 11/05/2009 of the Under Secretary, GAD, Govt of Kerala

As per above letter the Under Secretary & State Public Information Officer, General Administrative Department has instructed that there is not possible to affix court fee stamp on application to Panchayats and Municipalities under RTI .

Proceedings No.13019/SIC – Gen4/2015 of the State Information Commission Kerala

As in the above proceedings the Panmana Grama Panchayat Secretary has rejected an application submitted under RTI. The reason for rejection is that the applicant affixed court fee stamp on his application which is not allowed as per Letter No.29782/C.D.N.5/09/GAD dated 11/05/2009 of the Under Secretary, GAD, Govt of Kerala. The applicant filed an appeal before the State Information Commission. The Commission asked detailed report on this matter from the Secretary, Panmana Grama Panchayat. The secretary reported that he has been rejected application based on the per Letter No.29782/C.D.N.5/09/GAD dated 11/05/2009 of the Under Secretary, GAD, Govt of Kerala. The Commission not satisfied with this and imposed a penalty of Rs.2000/- against the Secretary, Panmana Grama Panchayat.

High Court Judgement dated 18/02/2016 on W.P.(C) No.6211 of 2016

The Secretary, Panmana Grama Panchayat has been file a petition before the High Court against the decision of State Information Commission. The High Court disposed the petition by giving judgement “The State Information Commission did not advert to the amendment. Therefore the impugned order set aside. The State Right to Information Commission is directed to consider the matter after notice to the petitioner as to the respondent and also adverting to the Government order as above.

Proceedings No.13019/SIC – Gen4/2015 dated 21-04-2016 of the State Information Commission Kerala

On 21-04-2016 the State Information Commission has ordered that the court fee stamp affixed RTI applications are acceptable in Panchayats and Municipalities. Read full text of order below,

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