Section 4 in Uttar Pradesh Right to Information Rules, 2015
4. Rules governing request for obtaining information.
(1)A person, who desires to obtain information under the Act from any public authority, shall make a request in writing or through electronic means to the State Public Information Officer of the public authority concerned. The Request shall be made in the format given in Form 2.Provided that a request for obtaining information drafted on plain paper and containing all details as required in Form 2 shall be received for consideration by the State Public Information Officer.(2)Any request for obtaining information under the Act should fulfil the following conditions:(a)The information sought should be a part of the record held by or under the control of the public authority concerned.(b)[ The information sought should not: [Substitutted by Notification No. 148/XLIII-2-2019-Su.Aa.Ni.2015(1)-2015, dated 13.8.2019 (w.e.f. 3.12.2015).](i)involve fresh collection of non-available data which is not required to be maintained under any law or the rules or regulations of the public authority; 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 answers to hypothetical questions; or(iv)involve answers to the question why, thus asking for reasons why a certain act was done or not done, unless the answer to such question is a part of record held by the concerned public authority; or(v)be so vast that the collection thereof involves disproportionate diversion of resources affecting efficient operation of the public authority concerned; or(vi)be such which can be obtained under the provisions of any other law, rule, regulation or executive order.].(c)The request for obtaining information shall not exceed five hundred words.(3)The State 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 Form 3.(4)A request for obtaining information under the Act shall be accompanied by the fee prescribed in rule 5.(5)If the State Public Information Officer finds that a request made for disclosure of information relates partly or wholly to a single other public authority, then such State Public 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 Form 4, and shall furnish within the time prescribed that part of the information to the applicant, as is available with the public authority to which he belongs.Provided that if a part or whole of the information sought from a public authority is held by two or more other public authorities, then the State Public Information Officer shall not transfer the request for information to such other public authorities. The State Public Information Officer shall provide only such information to the applicant as is held by the public authority to which he belongs, and shall advise the applicant to move separate requests for information to the State Public Information Officers of the other public authorities holding parts of the information sought.(6)The State 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:(a)If the State 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 Form 5. The date on which the information is supplied shall be entered in the Register mentioned in sub-rule (3) above.(b)If the State 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 rule 5, then he shall send intimation accordingly to the applicant in Form 6 and enter the details in the Register mentioned in sub-rule (3).(c)If the State Public Information Officer is of the view that the request for information is to be rejected on the basis of any provision(s) of the Act and/or the rules, then he shall convey such rejection to the applicant in Form 7. The date of rejection shall be entered in the Register mentioned in sub-rule (3).(7)If the State 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 State 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 sub-section (2) of section 10 of the Act in Form 8.(8)Where the State Public 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 State Public Information Officer shall give a written notice to such third party in accordance with the provisions of section 11 of the Act in the format given in Form 9. The State Public Information Officer shall keep in view the submission, if any, of the third party while taking a decision about disclosure of information.
