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Make payment of consultancy fee public: SIC to SMC 6/26/2016 11:15:28 PM Early Times Report Srinagar, June 26: The State Information Commission (SIC) in its landmark judgment has directed the Srinagar Municipal Corporation (SMC) to make information about payment of consultancy fees to various people especially architects, draftsmen public. SIC in addition to it has directed the SMC to make bylaws and other related documents public as well. Details available with Early Times reveal that one Bilqis Sidiq R/O Shivpora Srinagar filed Second Appeal before State Information Commission (SIC) on 29.02.2016 which was admitted after completion of deficiency on 16.05.2016. According to appeal , Bilqis had filed an RTI application before SMC which was received in the office of SMC under receipt No.8582 dated 10.10.2015. The application was not replied within stipulated time. Thereafter, in response to another application dated 16.11.2015, the Secretary SMC vide letter dated 27.11.2015 advised her to approach Government Press for obtaining copies of Bye Laws when this was readily available with the SMC. That Para 2nd (III) and (IV) points of the application were not replied satisfactorily being incomplete and irrelevant to the subject. RTI appellant Bilqis alleges that in response to First Appeal filed on 09.12.2015, she was informed vide letter dated 26.12.2015 to appear before Commissioner SMC who is also the First Appellate Authority (FAA) on 14.01.2016. However, no information was provided to her. Appellant Bilqis further submitted before SIC that in pursuance to letter of PIO SMC dated 27.11.2016, she filed an application in Government Press, who vide letter dated 19.01.2016 conveyed that no such By laws have been received for publication in the State Gazette. It is clear that PIO SMC mislead her and denied to give information sought. The appellant requested the Commission through her 2nd appeal to intervene into the matter with direction to concerned officials to provide her information sought. Hilal Ahmad Dewani, PIO/Secretary SMC, Mudasir Ahmad Banday APIO SMC and Mohammad Sidiq father of appellant (Bilqis) attended the hearing at Commission's office in Srinagar on June 9th 2016. PIO SMC has sought assistance of Assistant Secretary (General) SMC under Section 5(4) of the Act on 14.10.2015. Thereafter, the appellant was informed by PIO vide letter dated 27.11.2015 informing her that copies of By-Laws can be had from J&K Government Press. Appellant submitted that she approached the Government Press for By-Laws who informed vide letter dated 19.01.2016 that no Bye-Laws of 2011 has been received by their Department for publication in the State Gazettee. SIC order 9.6.2016 reads: "It is therefore evident that his information is not available with Government Press and PIO SMC has indeed mislead the appellant, when this information should readily be available in SMC. The PIO admitted that this information is available. Accordingly, the Commission directs PIO to provide copy of By-Laws to the appellant within one week. In response to Point-III representative of appellant submitted that he has not been given full information. PIO submitted that file notings for the year 2015 and reply to the application have been provided. The representative of the appellant submitted that information of file notings pertaining to her registration in 2010 has not been given. Accordingly, PIO is directed to provide this limb of information as per records. PIO has informed appellant that information sought at Para-V is not understood and asked the appellant to specify. Appellant submitted that he wants rate list of Architects/consultancy fee approved by SMC. Accordingly, PIO is directed to provide approved rate list of consultancy fee chargeable by architects, consultants/draftsman etc. These directions should be complied within two weeks and compliance report be filed before the Commission. The order further reads: "The Commission has observed that information regarding Bye-Laws and approved rate list of consultancy fee should be available in public domain so that citizens like the appellant do not have to seek such information under RTI Act. In fact, such information falls under Section-4, which Public Authorities are required to disclose Suo-moto. Accordingly, Commission directs Commissioner SMC to put these and other such information related to rules/Bye Laws and fees in public domain in website of the SMC and file a compliance report within two weeks. Appeal disposed of with above directions. Registry to mark a copy of order to Commissioner /Secretary to Government, Housing & Urban Development Department"   Share This News with Your Friends on Social Network     Comment on this Story

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