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BPL men asked to deposit Rs 20,000 as RTI fees?
8/3/2015 11:40:49 PM
Early Times Report

Jammu, Aug 3: Two applicants living under Below Poverty Line (BPL), who tried to seek information under J&K RTI Act 2009 from Block Development Office (BDO) Bhalessa were asked to pay a whopping amount of Rs 20,000 as photocopying charges by the BDO. The applicants then moved State Information Commission (SIC) which has now directed the BDO to allow them to undertake the inspection of these documents which will lower the burden of RTI fees.
Details available with Early Times reveal that Mohan Singh, son of Sindhoor Singh of Kahaljugaser, vice-sarpanch Panchayat Kahaljugaser-A, Block Bhalessa, District Doda and others moved an application before the PIO, Office of Deputy Commissioner, Doda under the RTI Act, 2009 wherein they sought the following information relating to the office of BDO, Bhalessa (Gandoh):
Works executed under Mahatma Gandhi National Rural Employment Guarantee Scheme (MG-NREGS) from 2009 to 2014 CD, invoice of cement which was issued by concerned authority for work, invoice along with enrolment sheet of then household/Fathers, Husbands name, number of days worked, amount paid to them from 2011/2014-15, total number of job cards (by name) of full Panchayat Kahaljugaser, total amount for unskilled/skilled with details for the year for the years 2011-12, 2012-13, 2013-14, 2014-15, number of IAY houses sanctioned for S.C., S.T. and other category of panchayat kahaljugaser for the year 2011-12, 2012-13, 2013-14, 2014-15, copies of plans sanctioned for the year 2011-12, 2012-13, 2013-14, 2014-15 of panchayat kahaljugaser and construction of Toilet/Bathroom units in the block.
The BDO, Bhalessa (Gandoh) informed the information seeker vide office No BDO/GB/2015-16/84 dated April 28, 2015 that the record of Block Bhalessa and Panchayat kahaljugaser from 2009 to August 2014 is available in his office and the record from September onwards till March, 2015 can be had from the newly created Block Changa.
The PIO/BDO, Bhalessa (Gandoh) apprised the applicant that the information sought is voluminous and comprises of about one thousand pages and requested him to deposit an amount of Rs 20,000 within seven days positively as cost of the information at the rate of Rs 2 per page as prescribed under the J&K RTI Act, 2009.
The appellants, feeling aggrieved, called on Minister of Rural Development and their application was also forwarded to BDO, Bhalessa (Gandoh) by the MLA, Bhaderwah for further necessary action.
The appellants had sought information under the BPL category and had attached a photocopy of the ration card with the RTI application issued by the Tehsil Supply Officer (TSO), CA&PD, Gandoh.
The SICafter receiving the 2nd appeal listed the matter for hearing on 20.07.2015. The First Appellate Authority (FAA) ie Director Rural Development Jammu , Assistant Commissioner Development (ACD), Doda and Block Development Officer (BDO), Gandoh were present during the course of proceedings.
Shamasdin Rather, one of the appellants, who had provided contact number in the RTI application was heard telephonically and he apprised about the authenticity of the BPL certificate issued by the Tehsil Supply Officer in his favour. The PIO and the FAA contested the authenticity of the said certificate and apprised the Commission that it is not valid in terms of the survey conducted by the Department of Rural Development and only such certificates in the BPL category are entertained which stand authenticated by the Department of Rural Development. The FAA further submitted that the survey conducted by the Department of Rural Development is submitted to the Central Government for authentication and only after its approval the families which fall below the poverty line are included in the said category.
" In view of the stand taken by the PIO and the FAA, the Commission is of the considered view that the appellants are not entitled to seek information free of cost on the basis of the photocopy of the certificate issued by the TSO, CA&PD, Gandoh. However, taking a liberal view in the matter, the FAA( Director Rural Development Jammu ) and BDO, Gandoh agreed to provide the information seeker the right to inspect the record in their office and provide certified copies of the relevant documents, if any requested by the information seeker on payment of cost of information" reads the order of SIC dated 20/7/2015
The order further reads as :
"In view of the aforesaid facts and submissions made by the PIO and FAA, the PIO/BDO, Bhalessa (Gandoh) is hereby directed to allow the appellants an opportunity to inspect the record on a working day and provide them certified copies of the relevant documents, if any, requested by the information seekers on payment of requisite fee/cost of information as prescribed under the J&K Right to Information Act, 2009 and the Rules framed there-under. The parties are at liberty to settle the date and time for inspection of record which may be convenient to them"
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