AMARCHAND BAWARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) CANTONMENT Board, Jabalpur passed resolution No. 37 prescribing thereby the rates for issue of information and copies under the Right to Information Act (hereinafter referred to as "the Act" for convenience) which is on record as Annexure P/2. Petitioner has challenged it for want of powers and jurisdiction being violative of the provisions of the said Act and Rules made thereunder.

(2.) FOLLOWING reliefs have been claimed by the petitioner.

(3.) NO facts of the writ petition in particular are needed to be mentioned except that Right to Information Act, 2005 came into force with effect from 15th of June, 2005. Under Section 6 of the Act, a person, desirous of obtaining information under the act shall make an application accompanied by such fee as may be prescribed. Information is liable to be provided on payment of such fee as may be prescribed. In exercise of powers conferred by clauses (b) and (c) of sub-section (2) of Section 27 of the Act, the central Government made the Right to information (Regulation of Fee and Cost)Rules, 2005 (hereinafter referred to as "the rules" for convenience ). Rule 4 prescribes the charges as follows :-4. For providing the information under section (1) of Section 7, the fee shall be charged by way of cash against proper receipt of by demand draft or bankers cheque payable to the Accounts Officer of the public authority at the following rates :- (a) rupees two for each page (in A4 or A3 size paper) created or copied; (b) actual charge or cost price of a copy in larger size paper; (c) actual cost or price for samples or models; and (d) for inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour (or fraction thereof ).