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The
Right To
Information Act
has come into
force with effect
from October 12,
2005 in Madhya
Pradesh along with
entire country.
The Madhya Pradesh
Government has
framed rules under
the Act. A summery
of these rules is
being given below.
The notification
issued to this
effect by the
state government
is available on
the website of the
Directorate of
Public Relations www.mpinfo.org
Fees
Any
person, who is not
below the poverty
line, desires any
material under the
Act shall submit
the application
himself to the
State Public
Information
Officer/ Assistant
Public Information
Officer with
non-judicial stamp
of Rs. 10 or with
the receipt of Rs.
10 after making
payment in cash.
If the application
is being sent by
post, the
applicant shall
enclose the
non-judicial stamp
of Rs. 10.
After
receiving the
application by the
State Public
Information
Officer or the
State Assistant
Public Information
Officer the
printing
expenditure or
medium exact price
of the material of
the information as
determined by
above Officer
shall be deposited
by the applicant
to the State
Public Information
Officer in cash or
in the form of
non-judicial
stamp. If the
amount is
deposited in cash
by the applicant
the State Public
Information
Officer or the
officer as
directed by him
shall give a
receipt of such
amount. The amount
so deposited shall
be deposited into
the treasury by a
challan.
Any
person seeking
information under
the Act shall
produce the
application before
the public
Authority or State
Public Information
Officer or State
Assistant Public
Information
Officer, with the
non-judicial stamp
of Rs. 10 or with
the receipt of Rs.
10 by paying in
cash.
Where
access to
information is to
be provided in the
printed or in any
electronic format,
the applicant
shall deposit the
actual cost of the
information as
determined by the
public Authority
or State Public
Information
Officer or State
Assistant Public
Information
officer in cash or
in the form of
non-judicial stamp
within three days
from the date of
direction to such
officers as
directed by the
public Authority
or State Public
Information
Officer.
If
the applicant
wants to examine
any document or
record , the State
Public Information
Officer or State
Assistant Public
Information
Officer shall
depute any
sub-ordinate
officer for such
purpose and for
this purpose the
applicant shall
pay at the rate of
Rs. 50 for first
hour or fraction
thereof and Rs. 25
for every
additional fifteen
minutes or
fraction thereof
in cash or in the
form of
non-judicial
stamp. The charge
would be payable
by only those
applicants who are
not below poverty
line.
If
the applicant
wants the
certified samples
of any material,
the cost
determined by the
State Public
Information
Officer of State
Assistant Public
Information
Officer of such
material, shall be
deposited by the
applicant to such
officer who is
directed by the
State Public
Information
Officer, in cash
or in the form of
non-judicial
stamp.
Where
the information is
stored in the
computer, the
actual cost of the
diskettes or
floppies or video
cassette as
determined by the
State Public
Information
officer of the
State Assistant
Public Information
Officer shall be
deposited by the
applicant in cash
or in the form of
non-judicial
stamp.
Appeal
First
Appeal-
Any person who
does not receive a
decision within
the time specified
under the Act or
is aggrieved by a
decision of the
State Public
Information
Officer, may
within thirty days
from the expiry of
such period from
the receipt of
such a decision
prefer an appeal,
with a memorandum
of appeal and the
fee of Rs. 50
either in cash or
in the form of
non-judicial
stamp, to such
officer who is
senior in rank to
the State Public
Information
Officer in each
public Authority.
Such
officer may admit
the appeal after
the expiry of the
period of thirty
days if he is
satisfied that the
appellant was
prevented by
sufficient cause
from filing the
appeal in time.
In
the memorandum of
appeal the name
and address of the
appellant, the
basis of the
subject matter of
the information
with the name and
the post of the
competent officer
and the orders of
the competent
authority and
payment of fee
shall be clearly
specified. An
appeal shall be
disposed of within
thirty days of the
receipt of the
appeal or within
such extended
period not
exceeding a total
of forty-five days
from the date of
filing thereof, as
the case may be,
for reasons to be
recorded in
writing.
The
copy of order
passed in appeal
shall be given
free of cost.
Second
Appeal-
A second appeal
against the
decision shall lie
within ninety days
from the date on
which the decision
should have been
made or was
actually received,
with the State
Information
Commission.
The
State Information
Commission may
admit the appeal
after the expiry
of the period of
ninety days if its
is satisfied that
the appellant was
prevented by
sufficient cause
from filing the
appeal in time.
With
the memorandum of
appeal filed
before the State
Information
Commission the fee
of Rs. 100 in cash
or in the form of
non-judicial stamp
shall be
deposited.
The
State Information
Commission shall
after giving
reasonable
opportunity of
being heard to
public Authority
or Public
Information
Officer or
appellant, as the
case may be,
dispose of the
appeal within
thirty days from
the date of the
receipt of the
appeal fro reasons
to be recorded in
writing.
The
decision of the
State Information
Commission shall
be final and
binding. A copy of
the decision of
the State
Information
Commission shall
be given free of
cost, if the
appellant wants to
receive the copy
of the order by
post then
receiving the fee
or postal charges
shall be sent
within three days.
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