APPLYING THE LAW

What fees can be charged?

Applications
Central and State Government fee rules specify the exact amount of the application fee payable. The fees are different throughout the country. The applicant may have attached a bank draft, postal order, court fee stamp or proof of payment of application fee by any other mode prescribed by the Government. All such payments are valid. Please do not insist on a particular mode of payment. If claiming fee waiver, the Below the Poverty Line (BPL) applicant must attach a photocopy of a BPL/Antyodaya ration card or any other valid proof of BPL identity that may be prescribed by the Government.

Access will not be permitted until any fees charged for access are paid. The time limits under the law for providing access to information are suspended during the period when you are waiting for fees to be paid. Access fees are also usually set out in Central and State Government fee rules. If no fees have yet been prescribed, then no fees can be imposed and the information should be supplied free of charge.

In keeping with the spirit of open government, fees need to be kept to a minimum to ensure that they do not operate in practice as an obstacle to access because the block the poor from accessing information. If the requester is the holder of a BPL card, then section 7(5) of the Central Act requires that no fees will be charged at all. If the time limits for making a decision or supplying the information are not met, then section 7(6) of the Central Act requires that no fees can be charged.

The same rules apply whether you have requested to be supplied with the information requested or would just like to inspect documents.

Appeals
Some of the State Rules made under the Central Act permit fees to be charged where a requester wants to complain about a decision. However, the Central Act makes no mention of any fee for an appeal, such that these fees cannot legally be imposed and collected.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.