Proposed appeal procedure rules A New threat for RTI in Maharashtra.

           Seven years after the introduction of  RTI act the government of Maharashtra is planning to bring appeal procedure rules . These will be called  The Maharashtra State Information Commission (Appeal Procedure) Rules, 2012. Some provisions that may be introduced in these rules are big threat for Right To information in Maharashtra.High lighted point are big threat to RTI .In next blog I will write about how these points are harmfull for RTI.

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