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TMI Blog2015 (9) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... al is indicated as publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form, which are priced, the sale price thereof. A building plan of a particular premises is not open for sale and it is not priced. Hence, it cannot be called as a priced material. In respect of other than priced material, the actual cost of the copy has to be recovered from the party. Thus, the first respondent committed an error in coming to the conclusion that the information sought by the petitioner is a priced material and also upholding the demand made by the second respondent. If it is a priced material, the sale price should have been indicated. In case of other than priced material, the actual cost should hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the second respondent requesting the petitioner to pay an amount of ₹ 44,787/- for providing the certified copies of the sanctioned plans in respect of the premises required by the petitioner. The amount was calculated @ ₹ 165 per 1000 sft. of the total sanctioned area. The petitioner submitted a reply on 19.09.2007 itself to the second respondent stating that since the information was not furnished within thirty days as required under the provisions of the Act, the petitioner is entitled for the information free of cost as per Section 7(6) of the Act. Challenging the demand of the said amount, the petitioner filed an appeal before the first respondent. The first respondent passed an order on 12.02.2008 dismissing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permission. 6. When the petitioner was informed that the requisite fee of ₹ 10/- was not enclosed to the said application, he paid the same on 07.08.2007 and submitted it on the same day to the third respondent. The second respondent issued a letter on 24.08.2007 asking the petitioner to pay an amount of ₹ 44,787/- towards the fee for the certified copies of the sanctioned plans and with regard to the other information which would be furnished in due course of time and separate fees would be charged. The petitioner addressed a letter to the second respondent on 19.09.2007 protesting the demand of such amount. The third respondent addressed a letter to the petitioner on 11.10.2007 intimating that as per the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd accordingly, the fee and cost rules were made by the Government only. Hence, the request of the Appellant cannot be considered to. Accordingly, the appeal is disposed of. 7. The first respondent upheld the demand based on G.O.Ms.No.454 dated 13.10.2005 holding the information as priced material and since the rule making power is vested with the State Government under Section 27(1) of the Act, it is for the Government to fix the fee and cost and accordingly dismissed the appeal. 8. Section 7 of the Act reads as follows: 7. Disposal of request:- (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub- section; (b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms. (4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. 9. The Rules were framed under the provisions of the Act. Rule 4 of the Rules deals with the fee to be charged for providing the information and it reads as follows: Fee to be charged for providing information:- For providing information under sub-section (1) or sub-section (5) of Section 7, a fee shall be charged, by affixing the court fee stamps or by way of cash or postal order or demand draft or bankers Cheque, payable to the Accounts Officer or any other duly authorized officer of the Public Authority, against proper receipt, at the following rates:- (A) Priced material:- Publications pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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