जावेद उस्मानी को मुख्य सूचना आयुक्त बनाते ही अखिलेश की सपा सरकार ने दिखाई अपने पारदर्शिता विरोधी चेहरे की एक और झलक :

जावेद उस्मानी को मुख्य सूचना आयुक्त बनाते ही अखिलेश की सपा सरकार ने दिखाई अपने पारदर्शिता  विरोधी चेहरे की एक और डरावनी झलक : आरटीआई एक्ट को लाल-फीताशाही में फँसाकर समाप्त करने की साजिश हैं 'उत्तर प्रदेश सूचना का अधिकार नियम 2015' : आज की बैठक में बनाई जाएगी विरोध की रणनीति

 'उत्तर प्रदेश सूचना का अधिकार नियम 2015' का ड्राफ्ट यहाँ पायें और राज्य सरकार को अपने-अपने विवेकानुसार विरोध अवश्य दर्ज करायें. अब आपका विरोध ही पारदर्शिता के इस औजार को बचा पाएगा.

सूचना का अधिकार नियमावली-2015 का आलेख्य कृपया पढ़ें तथा Email:- aftabalamrti@gmail.com पर अपने सुझाव 20 मार्च 2015 तक दें।

Send your suggestions on e-mail aftabalamrti@gmail.com before 20-03-15.

Download rules from here http://upsic.up.nic.in/rule2015.pdf 

However get a copy-pasted copy here also ( in case above link does not open ).

 DRAFT

UTTAR PRADESH RIGHT TO INFORMATION RULE

S,

2015

In exercise of the powers conferred by Section 27 of the Right to Information Act, 2005 (22 of

2005) and in supersession of the Uttar Pradesh State Information Commission (Appeal

Procedure) Rules, 2006,

except in respect of things done or omitted to be done before such

supersession, the Government of Uttar Pradesh hereby makes the following Rules:

CHAPTER

-

1

1.

Short title and commencement

(1)

These rules may be called the Uttar Pradesh Right to Informatio

n Rules, 2015.

(2)

They shall come into force on the date of their publication in the Official Gazette.

(3)

C

omplaints

and appeal

which have already been filed before the date of

commencement of the

se

rules and have been found in order and are already

registered b

efore this date will be proceeded with a

s before and shall not abate or

be rejected for infirmity there

in but these rules will

be

applicable for any

prospective action even in regard to such

pending complaints and appeals.

2.

Definitions

In these rul

es, unless the context otherwise requires

–

(a)

"Act"

means the Right to Information Act, 2005 (22 of 2005);

(b)

“Appellant”

means a person who has filed appeal under section 19 of the

Act;

(c)

“Authorised Representative”

means a person who is authorized in writing b

y a

party to a proceeding before the Commission to represent him in the proceeding;

(d)

“

Chief Information Commissioner”

means the State Chief Information

Commissioner

appointed under section 15(3) of the Act

and

“Information

Commissioner”

means a State Infor

mation Commissioner

appointed under

section 15(3) of the Act;

(e)

"Commission"

means the U.P. State Information Commission constituted under

sub

-

secti

on (1) of section 15 of the

Act and includes the Chief I

nformation

Commissioner or an Information Commissioner

conducting hearing on any

complaint or appeal under the rele

vant provisions of this Ac

t

;

(f)

“Complainant”

means a person who has filed a complaint before the Commission

under section 18 of the Act;

(g)

"First Appellate Authority"

means an officer in the public

authority who is senior

in rank to the Public Information Officer and is so appointed and notified by the

public authority under section 19(1) of the Act and is authorised to hear the first

appeal against the order passed by the Public Information Officer.

It includes the

head of the public authority if no officer of the public authority is appointed and

notified as the First Appellate Authority;

(h)

“Public Information Officer”

means an officer designated and notified as such by

any public authority under sect

ion 5(1) of the Act and includes an Assistant Public

Information Officer so designated or notified under section 5(2) of the Act. It also

includes an officer from whom ass

istance has been

sought under section 5(4) of

the Act or to whom the application seek

ing information is transferred under

section 6(3) of the Act. It further includes the head of the public authority in case

no Public Information Officer is appointed or notified by such public authority;

(i)

“Registrar”

means the Registrar of the Commission an

d unless the context

otherwise requires includes a Joint Registrar and a Deputy Registrar;

(j)

“Rules”

means the Rules framed under section 27 of the Act by the Government of

Uttar Pradesh;

(k)

“Secretary”

means the Secretary of the Commission and unless the cont

ext

otherwise requires includes a Joint Secretary and Deputy Secretary

;

(l)

Words and expressions used herein but not defined shall have the meaning

assigned to them in the Act.

CHAPTER

-

2

3.

Rules governing request for obtaining information

(1)

A person, who desi

res to obtain information under the Act from any public

authority, shall make a request in writing or through electronic means to the Public

Information Officer of the public authority concerned.

The request shall be made

in the format

given in the appendi

x as

Form 1

.

(2)

Any request for obtaining information under the Act should fulfill the following

condition

s

:

(a)

The i

nformation sought should be

a

part of

the

record

held by or under the

control of

the public authority

concerned

.

(b)

Th

e i

nformation sought should

not:

(i)

involve fresh collection of non

-

available data; or

(ii)

require carrying out new interpretation or analysis of existing data,

or drawing of inferences, making of assumptions, or providing

advice or opinion based on existing data; or

(iii)

involve providing a

nswers to hypothetical questions; or

(iv)

be in terms of answer to the question ‘why’, seeking justifica

tion for

any action or inaction;

or

(v)

be so vast that the collection thereof involves disproportionate

diversion of resources of the public authority concerned

.

(3)

The Public Information Officer shall duly acknowledge the receipt of the request

and shall enter the particulars thereof in the Application Register maintained for

the purpose in the format given in the appendix as

Form 2

.

(4)

A request for obtaining infor

mation under the Act shall be accompanied by the fee

prescribed in the U.P. Right to Information (Regulation of Fee and Cost) Rules,

2006

.

(5)

If the Public Information Officer finds that a request made for disclosure of

information relates to another public

authority or its subject matter is more closely

related to another public authority, then such P

ublic Information Officer shall,

within five days from the date of receipt of the request,

transfer the request or

such part of it as may be appropriate, to the

other public authority in the format

given in the appendix as

Form 3

.

(6)

The Public Information Officer on receipt of a request for information shall dispose

off the request in accordance with the provisions of sections 7, 8 and 9 of the Act.

If the Public

Information Officer is of the view that the information sought is to be

provided, then he shall convey the information to the applicant in the format given

in the appendix as

Form 4

. The

date on which

the information is supplied shall be

entered in the Re

gister mentioned in sub

-

rule (2) above.

If the Public Information Officer is of the view that the information sought can only

be provided on payment of any further fee representing the cost of providing the

information as prescribed in the U.P. Right to

Information (Regulation of Fee and

Cost) Rules, 2006, then he shall send intimation accordingly to the applicant in the

format given in the appendix as

Form 5

and enter the details in the Register

mentioned in sub

-

rule (2) above.

If the Public Informatio

n Officer is of the view that the request for information is to

be rejected for any of the reasons specified in sections 8, 9 or 11 of the Act, then

he shall convey such rejection to the applicant in the format given in the appendix

as

Form 6

.

The date of

rejection shall be entered in the Register mentioned in sub

-

rule (2) above.

(7)

Where the Public Information Officer is of the view that a part of the information

sought cannot be provided as it is exempted from disclosure, then the Public

Information Officer

may provide the applicant access to only such part of the

information which is not exempted from disclosure, and simultaneously give a

notice to the applicant in terms of section 10(2) of the Act in the format given in

the appendix as

Form 7

.

(8)

Where the P

ublic Information Officer intends to disclose any information on a

request made under the Act, which relates to or has been supplied by a third party

and has been treated as confidential by that third party, the Public Information

Officer shall give a writ

ten notice to such third party in accordance with the

provisions of section 11 of the Act in the format given in the appendix as

Form 8

.

The Public Information Officer shall keep in view the submission, if any, of the third

party while taking a decision ab

out disclosure of information.

CHAPTER

-

3

4.

Rules governing registration and disposal

of

complaints

(1)

Any person may file a complaint with the Commission in accordance with the

provisions of section 18 of the Act.

(2)

A complaint should be typed, printed or wri

tten neatly and legibly and should be

filed in three copie

s.

(3)

A complaint should

be submitted in the format given in the appendix as

Form 9

and should

contain the following details:

(i)

Name and address of the complainant (cellphone number and E

-

mail

address

of the complainant, if available, may also be given).

(ii)

Name and address of the Public Information Officer against whom the

complaint has been made

.

(iii)

Brief description of the complaint

.

(iv)

Ground(s) of the complaint

(v)

Prayer or relief sought

.

(vi)

Any other information

considered necessary by the complainant

.

(vii)

A certificate of the complainant that no complaint

in regard to the same

application under section 6(1) of the Act

against the same Public

Information Officer was filed by him earlier

.

(4)

All necessary documents in s

upport of the complaint should be annexed to the

complaint.

(5)

Every complaint shall be examined by the Registrar. If the Registrar is of the view

that the complaint is not in accordance with the provisions of the Act or Rules, he

shall return the complaint

to the complainant, poi

nting out the defect(s) therein,

and enter the details thereof in a register maintained for the purpose in the format

as given in the appendix as

Form 10

.

If the Registrar is of the view that the

complaint is in accordance with the p

rovisions of the Act and Rules, he shall direct

that the complaint be numbered and entered in a register maintained for the

purpose in the format as given in the appendix as

Form 11

.

(6)

After a complaint has been registered, the Registrar shall forward it to

the Chief

Information Commissioner or the Information Commissioner having jurisdiction

over the matter

.

(7)

The Commission shall issue notices to the complainant and the Public Information

Officer concerned at least 15 days before the date fixed for the hear

ing. A copy of

the complaint will also be sent to the Public Information Officer directing him to

submit his written statement i

n two copies by the date fixed.

(8)

On the date of hearing of the complaint, a copy of the written statement of the

Public Informat

ion Officer shall be furnished to the complainant for his submission,

if any. After consideration of the contents of the complaint, the written statement

of the Public Information Officer and the submission made by the

parties

at the

hearing, the Commissio

n, if it is satisfied that there are reasonable grounds to

inquire into the matter, may initiate an inquiry in respect thereof, such inquiry to

be conducted in accordance with the provisions of section 18(3) and (4) of the Act

and the Rules. The Commission

may also entrust any such inquiry to any off

icer of

the Commission. I

f the Commission is of the view that no reasonable grounds exist

to inquire into the matter, it shall dismiss the complaint

.

5.

Rules governing

registration and disposal

of

appeals

(1)

Any

person who does not receive a decision from a Public Information Officer

within the prescribed time, or is aggrieved by a decision of a Public Information

Officer, as the case may be, may within the prescribed time, prefer an appeal to

such officer who is

designated as the First Appellate Authority by the public

authority concerned. The appeal shall be submitted in the format given in the

appendix as

Form 12

.

The First Appellate Authority shall dispose off the appeal in

accordance with section 19(1) and (2

) of the Act and Rules.

(2)

Any person aggrieved by an order passed by the First Appellate Authority or by

non disposal of his appeal

within the prescribed period

by the First Appellate

Authority, may file a second appeal within the prescribed time to the Com

mission

in the format given in the appendix as

Form 1

3

.

Such appeal shall be accompanied

by the following documents duly verified as true copies by the appellant:

(i)

a copy of the request for information submitted to the Public Information

Officer under sect

ion 6 (1) of the Act;

(ii)

a copy of the reply received, if any, from the Public Information Officer

;

(iii)

a copy of the appeal made to the First Appellate Authority under section

19(1) of the Act

;

(iv)

a copy of the order, if any, received from the First Appellate Auth

ority

;

(v)

copies of other documents relied upon by the appellant and referred to in

his appeal

;

(vi)

an index of the documents referred to in the appeal; and

(vii)

a certificate of the appellant that no appeal on the same ground(s) against

the same First Appellate Autho

rity was filed by him earlier

.

An appeal to the Commission should be typed, printed or written neatly and

legibly, and should be filed in three copies.

(3)

Every appeal filed with the Commission shall be examined by the Registrar. If the

Registrar is of the

view that the appeal is not in accordance with the provisions of

the Act or Rules, he shall return the appeal to the appellant, pointing out the

defect(s) therein

, and enter the details thereof in a register maintained for the

purpose in the format as give

n in the appendix as

Form 1

0

. If the Registrar is of the

view that the appeal is in accordance with the provisions of the Act and Rules, he

shall direct that the appeal be numbered and entered in a register maintained for

the purpose in the format as given

in the appendix as

Form 1

4

.

(4)

After an appeal has been registered, the Registrar shall forward it to the Chief

Information Commissioner or the Information Commissioner havin

g jurisdiction

over the matter.

(5)

The Commission shall issue notices to the

appellan

t,

the Public Information Officer

and the First Appellate Authority concerned at least 15 days before the date fixed

for the hearing. A copy of the appeal will also be sent to the Public Information

Officer and the First Appellate Authority directing them

to submit their written

statements i

n two copies by the date fixed.

(6)

On the date of hearing of the appeal, a copy each of the written statements of the

Public Information Officer and the First Appellate Authority shall be furnished to

the appellant for his

submission, if any. After consideration of the contents of the

appeal, the written statements of the Public Information Officer and the First

Appellate Authority, and the submission made by the

parties

at the hearing, the

Commission, if it is satisfied th

at there are reasonable grounds for consideration of

the appeal, may fix a date for further hearing in respect thereof, such hearing to

be conducted in accordance with the provisions of section 19

(3)

of the Act and the

Rules. If the Commission is of the vi

ew that no reasonable grounds exist to further

consider the appeal, it shall dismiss the appeal

.

(7)

The Commission, while hearing an appeal may

:

(i)

receive oral evidence on oath or on affidavit from the appellant

;

(ii)

receive oral evidence on oath or on affidavit

from the Public Information

Officer and / or the First Appellate Authority

;

(iii)

receive oral evidence on oath or on affidavit from third party or from any

other person whose evidence is considered necessary

;