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
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
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