Government Orders - Uploading of Government Orders on AP e-Gazette apegazette.cgg.gov.in - Orders- Issued
G.O.Ms No.100 Dated:07-09-2021
Read the following:
1. GA (PU-A) Department U.O. Note No. GAD01-PU/1/2021-PU-A-1, Dated 15.08.2021
2. GA (CAB-II) Department U.O. Note No. GAD01-CABOSOM(INST)/2/ 2021 CAB-II, dated 17.08.2021
In the U.O. Note 1st read above, the system of generating numbers from GOIR website has been dispensed with. It is the intention of the Government to follow a system of generating G.O. numbers and displaying Government Orders in a manner that fulfills the citizens' right to information while being in accordance with the A.P Secretariat Office Manual, A.P. Government Businesses Rules, Right to Information. Act, Information Technology Act and other relevant legal requirements..
2. Upon substantive deliberation and research based on best practices followed by various states of India and ministries and departments of Government of India it was found that the prior process followed was lacking in particulars since the orders being uploaded in GOIR online platform was neither physically nor digitally signed. Henceforth the official Gazette being a statutory document, the publishing of G.Os shall be done solely through A.P. e-Gazette website.
3. Furthermore, it is the Governments endeavour to proactively comply with the mandate of the Right to Information Act, 2005. Section 4(2) of RTI Act, 2005 states that every public authority shall endeavour to take steps to provide as much information Suo-motu to the public at regular intervals through various means of communications, including internet. Section 4(3) states that every information shall be disseminated widely and in such form and manner which is easily accessible to the public. In pursuance of the same, AP e-Gazette will act as a single point repository of information that shall be regularly updated and can be widely accessed by the public.
4. Orders pertaining solely to personal information which are not of public concern shall be exempted from publishing in AP e-Gazette and shall be directly communicated to concerned officials. This provision also conforms with Supreme Court's judgment in Justice K. S. Puttaswamy v. Union of India affirming that the Constitution of India guarantees to each individual a fundamental Right to Privacy. Such orders shall remain available for requisitioning via the standard process laid down by the RTI Act, 2005. This is in accordance with the statutory regime contained in the RTI Act, 2005.
5. Orders in the nature of minor expenditures and information that do not qualify as public interest shall be exempt from publishing in AP e-Gazette in order to streamline public access and retrieval of relevant orders, reduce superfluous information and ensure efficient categorization and management of orders online. Examples of few such orders may be those relating to reimbursement of medical expenses, medical leaves, cost of diesel, engine oil and other items in respect of single Government vehicles, ex-India leave, purchase of stationery items, availing of leave transfer concession, sanction of earned leaves, sanctions for payment of house rent and the likes thereof.
6. Orders categorized as Top Secret, Secret and Confidential vide Andhra Pradesh Secretariat Office Manual shall not be uploaded and published via AP e-Gazette.
7. In light of the above, the practice of uploading orders on goir.ap.gov.in stands replaced with publication of orders for dissemination solely through Andhra Pradesh e-Gazette (apegazette.cgg.gov.in). To ensure authenticated publishing, provision shall be made on the portal for registration of Nodal Officers of departments and for them to electronically forward the content with their Digital Signature Certificate. (DSC). The content received from indenting departments shall be formatted and uploaded on portal by Commissioner of Printing. The administrative departments submitting the request for publishing the Gazette notification shall be solely responsible for submitting and circulating copies of Gazette notification wherever required by law or otherwise.
8. It is further clarified that published gazette notification shall be uploaded on the website apegazette.cgg.gov.in without delay and the downloaded electronic version as well as the downloaded and printed version of these Gazette notifications are to be treated as electronic versions for all official purposes as per section 4 and section 8 of Information Technology Act, 2000. Orders of routine nature shall be published weekly on the AP e-Gazette website as part of Ordinary Gazette. Orders that are urgent in nature shall be published as required as part of Extraordinary Gazette.
9. All the Departments of Secretariat shall take necessary action accordingly.