ORDER

1. The Appellant filed an RTI application dated 03.12.2022 seeking information on the following points:

(i) “Please provide the record of the presence, number and locations of boards installed at a conspicuous place outside the educational institution in compliance to the Prohibition of Sale of Cigarettes and other Tobacco Products around Educational Institutions Rules, 2004 which prohibits sale of cigarettes and tobacco products in an area within a radius of one hundred yards. (See Section 3(1) of the Prohibition of Sale of Cigarettes and other Tobacco Products around educational institution Rules, 2004) Whether such a board(s) is installed or not? (ii) Please provide the record of the number and location of boards installed at the entrances stating No Smoking Area-Smoking Here is an offence as per Section 3(b) and Schedule II of the Prohibition of Smoking in Public Places Rules, 2008.

Whether such a board(s) is installed or not? (iii) Please provide the information and records of the total instances of fines collected/offences compounded/offences recorded/warning issued in respect to Section 5 of the Prohibition of Smoking in Public Places Rules, 2008 which stated the authorized officers who are competent to act under the act as per Schedule III of Prohibition of Smoking in Public Places Rules, 2008. The period of information is from 2012 till the date. How many times have fines been collected? (iv) Are there vendors of cigarettes and other tobacco products within a distance of 100 yards from the outer boundary of the educational institute? Please provide number of such vendors.

(v) Please provide a list of events/initiatives/activities/circulars/anything on record where the educational institution has taken steps to prevent use of cigarettes and tobacco products.”

2. The CPIO replied vide letter dated 22.12.2022 and the same is reproduced as under:- “Point (i) - Both gates no 1 and 2 have such signages/board as to inform regarding prohibition of sale of cigarettes etc. within 100 yards. Point (ii) - the board is installed at three different locations i.e. entrance Gate No 1, Gate No 2 & Gate No 3.

Point (iii) - The sought information does not exist in the asked form, which would require compilation and disproportionately divert the institute's resources. Therefore, the information cannot be provided under section 7(9) of the RTI Act, 2005.

Point (iv) - Information does not exist.

Point (v) - IIM Indore Campus is a no-smoking zone, and awareness about the same is communicated to all hostel residents through different channels such as email, advisory, warnings, manuals, handbook and hostel intranet page.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.12.2022. The FAA vide order dated 19.01.2023 held as under:

“I have carefully considered the appeal filed by the appellant and the reply given by the PIO. I inform the appellant that the query raised by the appellant to required data, information and records of the total instances of fines collected/offences compounded/offences recorded/warning issued in respect to Section 5 of the Prohibition of Smoking in Public Places Rules, 2008, from 2012 to till date. I would like to state that the of the data is scattered over multiple files and compilation of the same would cause undue diversion of resource. I hold that as per section 7 (9) of the RTI Act, 2005 it is not possible to provide the information in the form in which it is sought.

In this connection I have taken guidance of a case CIC/CPVEX/A/2018/611959 and CIC/CPVEX/A/2018/611960 Jackson Chungath VERSUS CPIO, Ministry of External/Respondents Affairs, Consular, Passport & Visa Division, New Delhi.

"The Commission, after hearing the submissions of both the parties and perusing the records, notes that, as per the respondent, collating and compiling of the vast information requested by the appellant regarding Passport Seva Project for the period 20