Name of the Public Authority/SPIO:
Sapatgram Town Committee

The following were present:
1. Sri Dilip Kumar Paul

Brief of the case
On 3.2..07 a petition was received from Sri Dilip Kumar Paul of Sapatgram of Dhubri district in which it was stated that he submitted petitions on 15.12.06 and 20.12.06 to the Chairman, Sapatgram Town Committee, Sapatgram, but the Town Committee Authorities did not furnish him the information, in which he sought for the following information:

1. About the estimate of renovation of children theater ofD.S.M.T. scheme.
2. About the estimate of pay toilet for public under D.S.M.T. scheme.
3. About the estimate of open vegetable shop in the market area.
4. Records of collection of Town Committee taxes and about deposits of the said taxes in the bank from the date i.e. 15th April, 2004 to 31th March, 2006.
5. List of beneficiaries of Kalpataru Randhan Jyoti and Old Age Pension schemes for the period from 2004-2005 and 2005-2006.
6. Copy of the estimate of black-topping work of Swami Vivekananda Path in Ward No. I (Road leading from STC to Academy field
7. Copy of the estimate of construction of Road by the side of public field from the existing and Sapatgram W. No. I under UWEP ofSJSRY 04-05.
8. Copy ofthe estimate ofthe Children part under IDSMT of Ward No. I
9. Copy of the estimate of the Black Topping work of STC road leading from PWD to the Nandipara Kali Mandir in Ward No. I
10. Copy of the estimate of Earth work done on the STC road leading from PWD to the residence of Bappa Barman (connected Rly area) in Ward No. I
11. Copy of the estimate of the Pucca Darian work done in Ghagmari area in Ward No. I departmentally.

Submission by the parties
The complainant submitted that on receipt of his applications seeking infonnation on the points as stated above the Vice Chainnan & State Infonnation Officer, Sapatgram Town Committee, Sapatgram sent him a letter dated 17.3.07 in which he asked the complainant to pay Rs. 2054/- as cost for supplying infonnation. The cost analysis is as follows:

1. Per infonnation Rs. 10.00 as fee for 15 nos: Rs. 150.00
2. Photo copy expenses for 12 pages @Rs. 2.00 per page: Rs. 22.00
3. Computer Typing 34 pages @ Rs. 20.00 per page: Rs. 680.00
4. Daily Alc. from 1.4.04 to 31.3.06 i.e. 24 month Type and
service and service charge per month @ Rs. 50.00 X 24 : Rs. 1200.00
Total: Rs. 2054.00

But the complainant found that the cost charged by the Vice Chainnan, Town Committee was unreasonable and not as per prescribed rules framed under the RTI Act, 2005. He further submitted that the calculation in receipt of charging fees had been made baselessly just to create financial pressure on him so that he did not insist on furnishing the infonnation.

Observation of the Commission
The Commission observed with concern the scant regard shown by the functionaries of the Sapatgram Town Committee to RTI Act and Rules who not only did not furnish the infonnation to the petitioner but also, to desist him from getting the infonnation, asked him to pay exorbitant amount which has no basis in the rules framed for this purpose. The amount besides being exorbitant is also indicative of the unwillingness to provide infonnation as mandated under the Act.

Decision of the Commission
The commission decided to direct:

i) the Chainnan, Sapatgram Town Committee to explain why penalty as proposed under section 20 (1) of the RTI Act 2005 should not be imposed on him for not furnishing the infonnation within the time limit stipulated by the Act till the infonnation is furnished @ Rs. 250/- per day up to the total amount ofRs. 25000/-.

ii) the Director of Municipal Administration, Assam to conduct an inquiry under section 19(8)(a) as to on what basis the Vice Chainnan of Sapatgram Town Committee calculated the cost of the infonnation to be paid by the petitioner which is in contravention of the rules framed by the State Government in this subject and take appropriate corrective measures.

iii) to designate each Chairperson of the Town Committees/ Municipalities of the state as the State Public Information Office for smooth implementation of the RTI Act in the State. He is also advised that he himself should be the Appellate Authority under section 19( 1) in matters of the decision taken by the SPIOs of Town Committees/ Municipalities.

iv) the Sapatgram Town Committee to compensate the complainant for the loss / detriment suffered by him under section 19 (8) (b) of the RTI Act 2005. The Town Committee will explain why the Commission should not award an appropriate amount as compensation to the petitioner by the next date of hearing.

The case is fixed for next hearing on 26.7.2007 at 11.30 AM.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.


Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

CC:
1. The Director, Municipal Administration, Assam, Guwahati.
2. The Chairman, Sapatgram Town Committee, Sapatgram, Dist Dhubri
3. The Vice-Chairman, Sapatgram Town Committee, Sapatgram, Dist- Dhubri
4. Sri Dilip Kumar Paul, Vill & P.O. Sapatgram Pt. 1, Dist - Dhubri, Assam.
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam