Agriculture Department,

Uttar Pradesh

Pardarshi Kisan Seva Yojna,

Kisan ka Adhikar Kisan ke Dwaar

Act-2005

Chapter 2

Right to information and obligations of public authorities

3. Subject to the provisions of this Act, all citizens shall have the right to information.

4. Every public authority shall-

  1. Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;
  2. Publish within one hundred and twenty days from the enactment of this Act.-
    1. The particulars of its organization, functions and duties;
    2. The powers and duties of its officers and employees;
    3. The procedure followed in the decision making process, including channels of supervision and accountability;
    4. The norms set by it for the discharge of its functions;
    5. The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
    6. A statement of the categories of documents that are held by it or under its control;
    7. The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof:
    8. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part of for the purpose of its advice, and as to whether meetings of those boards, councils. Committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
    9. A directory of its officers and employees;
    10. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
    11. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
    12. the manner of execution of subsidy programs, including the amounts allocated and the details or beneficiaries of such programs;
    13. particulars of recipients of concessions, permits or authorizations granted by it;
    14. Details in respect of the information, available to or held by it, reduced in an electronic form;
    15. The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
    16. The names, designations and other particulars of the Public Information Officers;
    17. such other information as may be prescribed; And thereafter update these publications every year;
  3. Publish all relevant facts while formulating important policies or announcing the decisions which affect public;
    1. Provide reasons for its administrative or quasi-judicial decisions to affected persons.
    2. It shall be a constant Endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (I) to provide as much information sue motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
    3. for the purposes of sub-section (I), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
    4. All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to thee extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.
Explanation

For the purposes of sub-section (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.


5. Designation of Public Information Officers.-

  1. Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may e, in all administrative units or officers under it as may be necessary to provide information to persons requesting for the information under this Act.
  2. Without prejudice to the provisions of sub-section (I), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (I) of section19 or the Central Information Commission or the State Information Commission, as the case may be; Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (I) of section 7.
  3. Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
  4. The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
  5. Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information, as the case may be.

6.1. A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to –

    1. The Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
    2. The Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, Specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
  1. An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
  2.  Where an application is made to a public authority requesting for an information.-
    1. Which is held by another public authority; or
    2. The subject matter of which is more closely connected with the functions of another public authority.
The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.