Changes in RTI due to force from Ajit Pawar and similar
Thanks and Regards,
Alok Tholiya,
• Pl. fwd./ circulate this mail if you think the issues raised here needs wider audience.
• Let us make our city beautiful, disciplined and Loveable.
Let us handover to our future generation a better place to live in.
• www.digambarjains.com : The matrimonial web site for Digambar Jains
Alok Tholiya,
9324225699
"My individual freedom to live as I choose, to come and go as I choose, to believe or not believe as I individually choose. For me every wind that blows carries message of freedom. It carries it everywhere from sea to shining sea. I decide my freedom and not the society and the puppets of high society." For me Samaj Rachana is for suraksha and not for pleasing haves and maligning have nots. Samaj Rachana is for bringing people of all strata together at same level, to give place of pride to those live and sacrifice for Samaj and not for those who exploit Samaj and then show off status. So live and roar like a lion in samaj and not for wagging tail. ...........Alok
• Pl. fwd./ circulate this mail if you think the issues raised here needs wider audience.
• Let us make our city beautiful, disciplined and Loveable.
Let us handover to our future generation a better place to live in.
• www.digambarjains.com : The matrimonial web site for Digambar Jains
On Mon, Jun 10, 2013 at 11:42 PM, Jagdish k.gianchandani <jagdishkg@gmail.com> wrote:
Maharashtra proposes new RTI Appeal Procedure RulesFollowing are the proposed new RTI Appeal procedure rules in Maharashtra:
Maharashtra State Information Commission (Appeal Procedure) Rules, 2012.
l. Short title. - These rules may be called the Maharashtra State Information Commission (Appeal Procedure) Rules, 2012.
2. Definitions - In these rules, unless the context otherwise requires,-
(a) "Act" means the Right to Information Act, 2005 (22 of 2005);
(b_) "Commission" means the Maharashtra State information
Commission;
(c) "section" means section of the Act;
(d) words and expressions used in these rules but not defined, shall
have the same meanings respectively, assigned to them, in the Act.
3. Memorandum of appeal. (1) any person aggrieved by an order Of the appellate authority under subsection (1) of section 19 may, within Ninety days from the time on which the received decision have helm made by first appellate authority or was actually received. Prefer a second appeal to the State information commission on plain paper in the format given in ANNEXURE "A" appended with these rules. Which shall be accompanied by An appeal fee of rupees twenty by way of court fee stamp. The memorandum Of appeal shall be signed by the appellant the contents as mentioned in ANNEXURE "A" shall be typed or legibly handwritten in double spacing. Appeal shall be filed either by post or in person. One copy of the appeal or Petition shall also be directly sent to the concerned Public Information first appellate authority and third party by the appellant.
(2) If the memorandum of appeal is received by post, the appellant maybe informed accordingly to furnish the additional particulars or documents, if necessary.
4. Accompaniments Io memorandum of appeal. - Every memorandum of appeal made to the Commission shall be accompanied by the following documents, namely:-
(I) copy of the application made to the State Public Information Officer;
(ii) self-attested copies of the order, letter, documents, or correspondence received from the State Public Information Officer and the first appellate authority;
(iii) copy of the first appeal;
(iv) copy of order if any, given by the first appellate authority against which the appeal is being preferred;
(v) date-wise list (Index) of the documents referred to in the appeal;
(vi) affidavit in the format given in Annexure "B" affixed with two rupees court fee stamp;
(vii) any other document, as deemed fit by the appellant.
5. Scrutiny of memorandum of appeal :- The officer authorized by the Commission shall examine the memorandum of appeal, or complaint as per the section (l) of section 18 of the Act and scrutinize the accompaniments appended to the memorandum of appeal or complaint and shall inform accordingly to the appellant about the shortcomings, if any.
6. Service of the notice by commission (I) Notice to fix the hearing of the appeal is to be issued (as far as possible at least fifteen days, before the date of hearing fixed by the commission and be served to the appellant, state public information officer , first appellate authority or the third party in any . in any of the following modes , namely
i. service by the party it self
ii . by hand delivery ( dasti) through process delivery
iii. head of the office or department
iv. by displaying program of the hearing on notice board
v. by displaying the programme of hearing on website;
vi. by registered post with acknowledgement due
7. Documents to be filed by respondents. - The concerned respondents shall file the following documents for perusal of the Commission;
(I) copy of the application made by the applicant for seeking! '
information from the State Public Information Officer; I
(ii) copies of the correspondence made with the applicant from the date of receipt of the application till the date of disposal of the application, with copies of postal proof or outward register or any other proof;
(iii) copy of the first appeal; /
(iv) say of the Assistant Public Information Officer (if applicable)/or
Public Information officer and first appellate authority about the
grounds of the appeal;
(v) copy of the order of the decision passed by the first appellate authority;
(v) list of the documents attached serially and date-wise:
(vii) any other document as deemed fit by the respondents.
8. Personal presence of appeIIant. (I) The appellant or complainant, as the case may be, may at his discretion, be present in person or through his duly authorized representative in an exceptional case with the approval of the State Information Commission at the time of hearing of the appeal or complainant by the Commission or he may opt not to be present. If for any unavoidable circumstances it is not possible for him to remain present on the the date of hearing the hearing of the appeal or complaint, he Should inform the reasons thereof to thecommission, well in advance of the date of hearing
(2) Where the commission is satisfied that the circumstances exists to which the appellant or complainant, as the case may be. is unable to attend the hearing of the Commission. then. the commission may give the appellant or complainant as the case may be another opportunity of being heard before a final decision is taken or take any other, appropriate action as it may deem fit deem fit.
(3) The appellant or the complainant, as the case may be, may seek the assistance of any person with the prior approval of the Commission, in the process of the appeal while presenting his points.
9. Procedure for hearing of appeal.- (1) In deciding the appeal or complaint, the Commission may,-
(i) hear orally or take written evidence on oath or on affidavit from the concerned or interested persons; '
(ii) peruse or inspect the documents, public records, or copies thereof;
(iii) inquire through an authorized officer further details or facts;
(iv) hear the State Public information Officer or the State Assistant Public information Officer. It shall not be necessary for the first appellate authority to be heard in person, unless such authority desires a personal hearing. A written statement shall be filed by
the first appellate authority;
(v) call upon the first appellate authority to file all proceedings regarding the first appeal for perusal of the Commission;
(vi) hear the third party, if, involved in the matter;
(vii) receive evidence on affidavits from the State Public Information Officer, the State Assistant Public information or such senior officer against whom the complaint or appeal lies and also receive evidence on affidavit from the third party. if any.
10. Calendar of cases.- (1) The Commission shall. as far its possible take up the appeals or complaints chronologically and draw up the calendar for hearings and decide the case according to the calendar.
(2) Taking into consideration the pending appeals and complaints the Commission. the Commission may consider special appeal disposal programme of the pending appeals and complaints.
11. Order of the Commission - (1) the order of the commission shall be
pronounce in open proceedings and and be in writing. the copies of such orders
shall be duly authenticated by the registrar or any other officer authorised by the commission for this purpose
(2) Copies of the orders shall be delivered to all the parties to the
proceeding, by register post acknowledgement due or in person if the parties
choose to do so.
ANNEXURE "A"
(see rule 3)
Affix here Court Fee Stamp of Rs. 20/-.
Second Appeal under section 19 (3) of the Right to Information Act, 2005.
From 1 ........................................... ..
(Appellant's name and address,
With phone Number/Mobile Number, if any
To : ............................................... ..
(Name / designation / address of the appellate authority)
(l) Full name of the Appellant '
(2) Address of the Appellant
(3) Particulars of the State Public
Information Officer/Assistant Public
Information Officer
(4) Particulars of the first appellate authority
(5) Date of the receipt of the order Appealed against, including number, if Any
(6) Last date of filling appeal
(7) The grounds for appeal with reasoning :
(8) Particulars of the information
(I) Nature and subject matter of the Information required.
(ii) Name of the Office or Department to which the Information relates.
(9) Prayer or relief sought
(10) Verification by the Appellant or Complainant
(11) Declaration that the case relating to Information sought for, has not been filed previously/pending with any court/any Authority.
(l2) Any other information, which is necessary to decide appeal
ANNEXURE 'B'
(see rule 4)
Affidavit to be submitted to State Information Commission with application of Appeal under Section 19(3) of Right to Information Act, 2005. (affix Rs 5 court fee stamp).
I; Shri. / Smt. ----------------------------------------------- --(full
name of applicant) son / daughter ./ wife of Shri ---------------------- ~-
--------------------- --(name of father / husband) age- yrs., service /
business --------------------------------------------- -- residing at ------- --
------------------------------------------------------------------------ -- (full
address) hereby affirm that the information given / facts noted in
the Second Appeal is / are true & correct. No fact is hidden, neither
any information is false. The Second Appeal is based on the
original application (under rule 6 of the Right to Information Act,
2005) dated ---------- -- & no order is passed earlier on it by any
Maharashtra State Information Commissioner. I have submitted the
Second Appeal before this bench only & no other appeal was / has
been submitted before any other State Information Commission.
Signature 1
(Applicant's full name)
Date and Place
Re: Maharashtra proposes new RTI Appeal Procedure RulesLast nail in the coffin of RTI in Maharashtra.
By Vijay Kumbhar
Vijay Kumbhar's Exclusive News & Analysis
Last time they stealthily amended the RTI rules , Now they are trying to stealthily frame appeal procedure rules. In last post, we read the proposed appeal procedure rules. There are several objectionable things in these rules. But most dangerous part is annexure "A" in which the appeal is to be submitted demands , Declaration that the case relating to Information sought for, has not been filed previously/pending with any court/any Authority. If rules come in to existence with this clause that will be the last nail in the coffin of RTI in Maharashtra. With this clause, nobody will be eligible to file RTI application in Maharashtra.
Most of the people use RTI to obtain information, documents related to their work or status of their work. That means People demand information related to their case pending with some authority.If this clause is to be applied then no body will be eligible to obtain information from any public authority. RTI act does not prevent anybody from obtaining information even if the case is pending before any court. Then why Maharashtra government is trying to introduce such type of clause?
These rules also say that while filling second appeal one copy of the appeal or Petition shall also be directly sent to the concerned Public Information (PIO) first appellate authority (FAA) and third party by the appellant.
Why this burden of sending copy of second appeal is being placed on appellants?. As far as public authorities (PA) in Maharashtra are concerned 95% public Information officers (PIO) and appellate authorities do not even mention their or appellate authorities name or address on orders. In addition, how would appellant know about name and address of third party? Third party is actually involved or not? Even if appellant knows the names and addresses of all of these. Why will they accept or receive copy of appeal when they know the consequences of second appeal?
If PIO, FAA, and third party do not accept the copy of appeal, what remedy the appellant has. He will have to file complaint under section 18 of RTI act. That procedure is also very difficult and even if such complaint is filed there very remote possibility that decision of it will be in favour of appellant. Even if information commissioner (IC) commissioner give decision if favour of appellant it will be to accept the appeals only, nothing else. That will be a very time consuming process.
These rules also state that notice of hearing to the appellant, state public information officer, first appellate authority or the third party in any should be served in any of the following modes, namely
i. service by the party it self
ii . by hand delivery ( dasti) through process delivery
iii. head of the office or department
iv. by displaying program of the hearing on notice board
v. by displaying the programme of hearing on website;
vi. By registered post with acknowledgement due
Taking into consideration lethargy of most of the commissions clause ( iv ) is likely to be misused. The notice of hearing must be duly served. All the parties must actually receive it.Suppose Information commissions choose only to display program of the hearing on notice board. Then how would parties know about the hearing ? do these rules expect every party to visit commission's office regularly?.
RTI act does not demand any information from applicant except persons name and contact address. however, these rules want appellant to furnish information related to name of father / husband , appellants service /business and full address that too on oath . On the ground, that the RTI applicants are being threatened this information is unwarranted.
Jagdish K. Gianchandani
__._,_.___
| Reply via web post | Reply to sender | Reply to group | Start a New Topic | Messages in this topic (1) |
.
__,_._,___
No comments:
Post a Comment