Right to Information: User Guide

Are there any fees?

What will attract a fee is usually mentioned in the law and how much the fee will be is usually set out in Rules. If no fee is mentioned in the Act then no fee can be charged.

Applications and Access

The Central Act permits fees to be imposed both upon making an application and upon accessing information.

In accordance with the rule-making power in section 28 of the Central Act, the Central Government Department of Personnel, Public Grievances and Pensions promulgated the Right to Information (Regulation of Fee and Cost Rules) 2005 and the Right to Information Amendment to Fee Rules 2005 ('Central Fees Rules') which set out the fees regime for applications made to Central Government public authorities.

In accordance with section 27, State Governments are required to promulgate their own Rules setting out the fees for applications made to State Government public authorities. Check the CHRI India State RTI pages to read the Rules made for your jurisdiction and/or the CHRI Comparative India RTI State Rules Table.

The Central Fees Rules provide for fees to be paid for making applications, for accessing information. The following are the fees prescribed for applications made to Central Government public authorities.

• Application Fees: Rs. 10/- (per application)



• Fees for Access:
  • A4/A3 paper copies: Rs. 2/- per page created or copied
  • Large size paper: Actual cost for copy
  • Samples/models: Actual cost of sample/models
  • Floppies/diskettes: Rs. 50/- per item
  • Info in printed form: Fixed price for such publication or Rs. 2/- per page of photocopy for extracts from publications.


• Inspection Fees: No fees for first hour and a fee of Rs. 5/- for each subsequent hour or fraction thereof.

The Central Fees Rules provides that the fees can be paid either in cash against proper receipt or demand draft or banker's cheque payable to the Accounts Officer or the public authority. Again, you should check your relevant State Rules to find out the requirements in your jurisdiction.

In keeping with the spirit of open government, fees are supposed 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. Accordingly, if the requester is the holder of a Below the Poverty Line card, then section 7(5) of the Central Act requires that no fees will be charged at all.

Notably, under section 7(6) of the Central Act, even where a fee is payable, if the Public Authority fails to provide the information within the time limits specified then no fee can be charged.

Appeals

The Central Act does not mention any fee for making an appeal.

However, unfortunately under some State rules made under the Central Act, including Madhya Pradesh, Orissa and Gujarat, provision has been made for fees to be charged for lodging an appeal against a rejection of an application. Arguably, such fees are legally invalid and could be appealed to the Information Commission. As always though, you should always ask for a receipt if you pay a fee, so that you can use this as proof of the date on which you lodged the appeal.

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.