CHAPTER-(VI)

PROVISIONS TO FILE APPEAL

8. The Act provides for two tier system for appeals.

(i)   Nomination :- CEO, SIDA has been designated/nominated as Appellate Authority of SIDA.

(ii)  An application form has been prescribed for submission of first Appeal. It is available with A.P.I.O. and is supplied free of cost.

(iii)  Any person who does not receive information within 30 days in normal course and within 40 days in the case of third party information or who is not satisfied with the information provided; may prefer first appeal to the Appellate Authority on a prescribed form within 30 days from the expiry of prescribed time limit or from the receipt of incomplete information. (as the case may be)

(iv) P.I.O. shall assist the appellate Authority in disposal of appeals within 30 days from the submission of appeal.

(v)  The appellant shall be given proper hearing by the Appellate Authority. Decision shall be delivered as early as possible latest within 30 days from the date of receipt of appeal in the office of Appellate Authority.

(vi) The appellate Authority may condone delay if sufficient cause is shown by the applicant.

(vii) A second appeal against the decision of Appellate Authority can be referred to the U.P. State Information Commission in case any person is not satisfied with the decision of the Appellate Authority.

(viii) For filing second appeal 90 days time limit is prescribed limit.

(ix)  The Commission may condone the delay if sufficient cause is shown.

(x)  Third party appeal against decision of P.I.O. may be filed within 30 days before first appellate Authority and within 90 days of the decision of first appeal before U.P. State Commission.

(xi) The Commissions have been given enormous powers to attend to complaints and appeals etc. They have been given powers of summoning and enforcing attendance of persons; compelling them to give oral or written evidence on oath to produce documents or things etc (if required)

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