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State
Level RTI: Madhya Pradesh
Background
Madhya Pradesh was one of the first states in India to actively engage in securing the right to information for the public. In October 1996, the Commissioner of Bilaspur Division, Mr Harsh Mander, issued executive orders to give people in the districts of Bilaspur, Raigarh and Sarguja the right to scrutinise government records pertaining to the public distribution system.
In May 1997, at the same time that Tamil Nadu and Goa were passing right to information laws, the Madhya Pradesh Government also drafted a Right
to Information Bill. On 30th April 1998 the assembly passed the bill by voice vote. Significantly, after passing the Bill in the State Assembly, the Government chose to send the Bill to the President of India for assent. Unfortunately, it appears that due to a disagreement about whether the states or the Centre have competence to enact right to information laws, Presidential assent was denied to the Bill and it was shelved.
As a solution, the State Government issued a number of Executive Orders from February 1998 which operated to allow access to information from close to 50 departments. The series of Executive Orders have been compiled by the Department of General Administration in a book titled 'Janane Ka Haq'. The Executive Orders specifically identified a number of topics on which Departments were required to provide information to the public. The Orders also provided for appeals on non-disclosure decisions and penalties in accordance with the MP Civil Services Conduct Rules 1965 and the MP Civil Services Classification Control and Appeal Act 1966.
Despite the existence of the Executive Orders, the Madhya Pradesh Government in 2003 again decided to pursue legislation on the right to information in order to set up a more comprehensive access to information regime. Ultimately, on 24 January 2003 the Madhya
Pradesh Jankari Ki Swatantrata Adhiniyam 2002 received the assent
of the Governor and on 31 January 2003 was published in the Madhya
Pradesh Gazette.
Law
In
May 2005, the national Right
to Information Act 2005 was passed by Parliament. The RTI Act
2005 received Presidential assent on 15 June and came fully into
force on 12 October 2005. (For more information on the passage of
the RTI Act 2005 and implementation at the national level, click
here.)
The RTI Act 2005 covers all Central, State and local government
bodies and applies to the State Government of Madhya Pradesh. It
is not clear at this time whether the Madhya
Pradesh Jankari Ki Swatantrata Adhiniyam 2002 will be repealed.
The
Madhya Pradesh Government has issued Madhya
Pradesh Right to Information (Fees and Appeal ) Rules, 2005.
For
a list of Public Information Officers and Appellate Authorities
designated by the State Government, click here.
Details
of Fee & Costs
| Application
|
Rs
10 |
| Mode
of payment |
Cash
against receipt/ non-judicial stamp. |
| Additional
Fees: |
|
Printing expenditure or medium exact price of the material of the information
|
As determined by above SPIO/SAPIO shall
be deposited by the applicant to the State Public Information Officer in cash or in
the form of non-judicial stamp
|
Larger
paper |
Actual
cost |
Publication
or printed form |
Actual
cost of photocopies |
Floppy/disk
/ video casette |
Fees
as fixed by the SPIO or SAPIO |
Samples |
Fees
as fixed by the SPIO or SAPIO |
Inspection
of records |
First
hour or less than that Rs 50 , Rs 25 for each subsequent
15 minute |
Appeal
fee: |
|
First appeal to Appellate Authority |
Rs
50 |
Second appeal to SIC |
Rs 100 |
Second Appeals and complaints against non-disclosure of information may be filed with the Madhya Pradesh State Information Commission.
State
Information Commission
| S.N. |
Name
of Commissioner |
Contact
|
|
1. |
Mr.
P.P Tiwari
Commissioner |
Nirvachan
Bhavan
2nd Floor,58 Arera Hills
Bhopal—462011 M.P.
Ph.0755-2761366/67/68
Fax 0755-2761368
Email: mpsic.nic.in
Website: htttp://www.mpsic.nic.in
|
|
2. |
Shri
Dinesh Chandra Jugan
Information Commissioner |
Ph.0755-2761366
|
|
3. |
Shri
Iqbal Ahmad
Information Commissioner |
Ph.0755-2551828
|
|
4. |
Shri Mahesh Pandey
Information Commissioner |
Ph.0755-2551829
|
Newsupdates,
Activities & Advocacy
- In what could be described as a landmark decision,
the state chief information commissioner T.N. Shrivastava imposed
a fine of Rs. 25 thousand on tahasildar of Gyaraspur Shri H.S.
Chouhan for not providing the information to an applicant within
the time limit and for ignoring the State Information Commission.
The Chief Information Commissioner has also recommended disciplinary
action against the first appellate authority and Sub Divisional
Officer, Gyaraspur Shri Sharad Shroti for his conduct unbecoming
of the dignity of his office. The Chief Information Commissioner
directed that the tahasildar has to deposit the amount of fine
within 30 days of issuance of the order. Click here
to view the whole story.
- The General Administration Department (GAD) has
issued a circular
containing guidelines and clarifications on implementation of
the RTI Act based on recommendations made by RTI activists in
Madhya Pradesh. These clarifications include: acceptance of information
requests on plain paper, explicit recognition of file notings,
no transfer of applications within a public authority etc.
- The MP Government website
on right to information provides citizens with access to information
from various departments. The website includes links to the Government's
20-point
implementation programme for the RTI Act 2005.
- Retired IAS officer T N Shrivastava has been
sworn in as the Chief
Information Commissioner of Madhya Pradesh. Governor Balram
Jakhar administered the oath of office to Mr Shrivastava on 15
October at Raj Bhavan.
- The Government is all set to implement
the RTI Act. Officials are finalizing the process of seeking information
from various officers. A format has been finalised in which people
can seek certain information by depositing the prescribed fee
with the treasury. The proforma has been made available at a number
of places including stationery shops, post offices and banks.
- In September 2005, CHRI in collaboration with
Suchna Adhikar Abhiyan (Sandhan), Katni conducted a series of
district level workshops
in the Vindhya Mahakoshal region to educate CSOs, the media, advocates,
elected members of Panchayats, Municipal bodies and the district
administration to understand and implement the RTI Act.
- On the invitation of the RCVP Noronha Academy
of Administration, Bhopal CHRI conducted a two-day training workshop
from 29-30 August. The workshop was attended by the Chief Secretary,
Principal Secretaries and close to 100 officers. While in the
area CHRI also took the opportunity to sensitise the Poorest Areas
Civil Society (PACS) Network in Madhya Pradesh on the provisions
of the RTI Act.
- The National
Campaign for People's Right to Information is active in Madhya
Pradesh. On 8 May 2002, they conducted a Junsunwai
in Bhopal on the proposed Maheshwar hydroelectric project
in Khargone District of Madhya Pradesh. The purpose of the public
hearing was to assist people - especially those affected by the
project - to demand information on the project and to raise questions
about the Maheshwar Project with the government, financial institutions
and other organisations involved, affected or concerned with the
Project.
For further information: Contact Madhya Pradesh Campaign
for People's Right to Information at E-7/21, Ashok Society, Arera
Colony, Bhopal-16, Tel: 91-755-562802,783178. Fax 55567467
-
Sandhan, an NGO, works on the
right to information in Madhya Pradesh. Sandhan is currently
attempting to undertake an implementation audit of the Madhya
Pradesh Right to Information Act. Sandhan also undertakes Election
Watch activities.
For further information: Contact Sandhan at Sandhan
Association of Advocacy and Development, Maijee Ka Bagicha,
Mai Ghat, Katni-483501. Tel: 91-7622-235782. E-mail: sandhankatni@indiatimes.com.
Resources
& Articles
Government
- Right
to Information Act 2005. (English)
- Right
to Information Act 2005. (Hindi)
- Madhya
Pradesh Right to Information (Fees and Appeal ) Rules, 2005
- Madhya
Pradesh Jankari Ki Swatantrata Adhiniyam 2002.
- "Janneka Haq, Suchna
Ka Adhikar", Government of Madhya Pradesh.
It is a compilation of all the executive orders passed by various
departments of the Government of Madhya Pradesh. It also contains
the M. P. right o Information Bill 1998. It has been published
by Government of Madhya Pradesh. The document is 234 pages long.
To get a copy of it contact Government of Madhya Pradesh or CHRI,
B-117, 1st floor, Sarvodaya Enclave, New Delhi-10017, Tel: 91-11-26528152,
26850523, Fax: 91-11-26864688, E-Mail: chriall@nda.vsnl.net.in,
Website: www.humanrightsinitiative.org
CHRI
- The Right to Information and Panchayati Raj
Institutions: Madhya Pradesh as a Case Study [ English
& Hindi
] (2006), written by Sohini Paul and Edited by Charmaine Rodrigues,
CHRI.
- CHRI (2005) Forwarding Information Requests
and Appeals: A Step by Step Guide for Assistant Public Information
Officers under the Right to Information Act 2005, prepared by
Mr Venkatesh Nayak.
- CHRI (2005) Processing Information Requests:
A Step by Step Guide for Assistant Public Information Officers
under the Right to Information Act 2005, prepared by Mr Venkatesh
Nayak.
- For CHRI's posters on RTI click here.
- For information regarding CHRI's activities
in Madhya Pradesh, click here.
Miscellaneous
Links
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