Right to Information

State Level RTI: Uttar Pradesh

Background

Until recently, Uttar Pradesh did not have a comprehensive access to information law. However, on 3 April 2000, the Uttar Pradesh Government issued Executive Orders establishing the Code Of Practice On Access To Information to provide some level of access to information to citizens. The Code was issued as interim measure to ensure access to information to people.

The Code was intended to apply relatively comprehensively, including government offices, corporations, councils, public sector undertakings, directorates, Boards, local bodies and tax commissioners within its scope, as well as contractors or agencies which carried out functions on behalf of a public body. However, on 25 March 2000, the State Ministerial Committee on Economic Development decided to make the Code applicable only to the Public Works Department, Department of Agriculture and the Tax and Consolidation Department as the first stage of implementation. It does not appear that any steps have been taken since to extend the application of the Code.

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 Uttar Pradesh.

The Uttar Pradesh Government has started implementing the RTI Act 2005. Click here for the RTI Fee and Cost Rules issued by the Government of Uttar Pradesh. The Uttar Pradesh Government issued the Uttar Pradesh Right to Information (Fees and Costs Details) (Amendment) Rules, 2006.

For a list of Public Information Officers and Appellate Authorities designated by the State Government, click here.

Details of Fee & Costs:

Second Appeals and complaints against non-disclosure of information may be filed with the Uttar Pradesh State Information Commission.

State Information Commission

Newsupdates, Activities & Advocacy

• M.A. Khan, Uttar Pradesh's former Chief Information Commissioner was suspended by Governor T.V. Rajeswar Rao on 9 July 2008. He was the first Chief Information Commissioner in the country to be suspended. Violating norms for recruiting employees in the commission, financial irregularities, mistrating complainants and non-cooperation with colleagues are some of the charges levelled against Khan.
• The State Government is yet to convene a meeting to nominate the State Chief Information Commissioner and other Information Commissioners in the State. The public is dissatisfied with the State Government for not taking steps to ensure effective implementation of the RTI Act.
• The UP Provincial Services Association (UPPSA) has made five queries to the State Government under the RTI Act, seeking details regarding promotion of officers from other state services to IAS cadre and postings of PCS officers
• Government offices in Allahabad have been slow to implement the provisions of the RTI Act 2005, which formally came into force from 12 October. District offices including those of the District Magistrate and the Senior Superintendent of Police have yet to put up mandatory display boards informing the public about the procedures for seeking information.

Resources & Articles

Government

• Right to Information Act 2005. (English)
• Right to Information Act 2005. (Hindi)
• UP RTI Fee and Cost Rules, 2005
• UP RTI Fee and Costs (Amendment) Rules, 2006. (Hindi)
• Allahabad High Court (Right to Information) Rules 2006
• Uttar Pradesh Code Of Practice On Access To Information.
• Format of Application under the UP Code Of Practice on Right to Information.

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 on CHRI's activities in Uttar Pradesh, click here.
  

Miscellaneous

• Rakesh Mohan Chaturvedi (2005) CIC Still Not in Sight, 13 November, Times of India.
• Staff Reporter (2005) PCS Officer Fires Salvo Under RTI, 12 November, Times of India.
• Amit Sharma (2005) Allahabad Officials Yet to Get Into Act, 31 October, Lucknow Newsline, Express News Service.
• Parminder Singh (2005) Right to Information Secure With Touts, 17 October, The Tribune.
• Atiq Khan (2005) These Govt Depts Have no Files or Information, 16 October, Lucknow Newsline, Express News Service.
  

Links

• Government of Uttar Pradesh
• Government of India (DOPT)
• National Campaign on People's Right to Information (NCPRI)
• Right to Information
• Info Change - Right to Information Pages
• India Together - Right to Information Pages
• Right to Information Group, Aligarh Uttar Pradesh