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Articles

Right to Information Act

Rules Framed by M.P. Government

Bhopal : Wednesday, August 10, 2005


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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