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Madhya Pradesh

Madhya Pradesh Right to Information (Fees and Appeal) Rules, 2005

Madhya Pradesh Government Gazette; under RTI Act 2005, ss.27-28

Open Records Transparency: 41/100 (moderate) Transparency Score: 41/100

Response Timeline

Initial Response
30 days

30 days under RTI Act 2005, s.7(1). Life or liberty requests: 48 hours (s.7(1) proviso). If information from a third party: 40 days. BPL applicants are exempt from all fees. Madhya Pradesh had a prior freedom of information law (Jankari Ki Swatantrata Adhiniyam, 2002/2003) before the national RTI Act 2005. The 2005 Rules supersede the earlier state framework.

Exemptions

  • Security
    Information affecting sovereignty, integrity, security, or relations with foreign states (s.8(1)(a))
  • Contempt
    Information expressly forbidden by court or which would constitute contempt (s.8(1)(b))
  • Parliament
    Information whose disclosure is prohibited by Parliament/Legislature (s.8(1)(c))
  • Cabinet
    Cabinet papers including deliberations of the Council of Ministers (s.8(1)(i))
  • Commercial confidence
    Trade secrets or commercial confidence causing competitive harm (s.8(1)(d))
  • Fiduciary
    Information held in fiduciary capacity (s.8(1)(e))
  • Foreign govt
    Information received in confidence from a foreign government (s.8(1)(f))
  • Law enforcement
    Information that would impede investigation, prosecution, or fair trial (s.8(1)(g),(h))
  • Personal privacy
    Personal information with no public interest justification (s.8(1)(j))

Exemptions mirror RTI Act 2005 ss.8-9. Notwithstanding any exemption, information that cannot be denied to Parliament/Legislature cannot be denied to a citizen (s.8(2)). Public interest override applies (s.8(2)).

Appeal Process

1

Appeal to First Appellate Authority (senior officer) within same department

First Appellate Authority must decide within 30 days (extendable to 45 days with reasons)

2

Second appeal to the State Information Commission (SIC)

SIC may impose penalty of Rs.250/day on erring SPIO, up to Rs.25,000 maximum (s.20)

Madhya Pradesh State Information Commission handles second appeals.

Sources & References