This document contains a draft of proposed new Right to Information (RTI) Rules, 2017 in India. Key points:
1) The Ministry of Personnel is considering making new RTI Rules to replace the 2012 version.
2) The draft of the proposed new RTI Rules, 2017 is enclosed for stakeholders to provide views and suggestions on by April 15th.
3) The draft contains 22 proposed rules on various procedures under the RTI Act, including rules regarding application fees, fees for information provision, exemption from fees, appeal processes, complaint processes, and compliance with Commission orders.
Neither in the present Draft nor in the RTI Rule 2012 time time line has been fixed for Commission. As of now, it has been left up to the discretion of Central Registry of Commission. It kills the innocent citizen and protects corrupt officials.
Time bound registration, allocation of file numbers, listing of matters and procedure of deciding second appeals/complaints to be more objective rather than subjective.
Neither in the present Draft nor in the RTI Rule 2012 time time line has been fixed for Commission. As of now, it has been left up to the discretion of Central Registry of Commission. It kills the innocent citizen and protects corrupt officials.
Time bound registration, allocation of file numbers, listing of matters and procedure of deciding second appeals/complaints to be more objective rather than subjective.
Petition challenging use of electronic results transmissionThe Star Newspaper
A voter at Tononoka Social Hall being identified by a KIEMS kits, August 8, 2017. /ERNEST CORNEL
A voter at Tononoka Social Hall being identified by a KIEMS kits, August 8, 2017. /ERNEST CORNEL
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A petitioner wants the court to bar the use of electronic transmission in the October 26 repeat presidential election.
Juma Mukhwana says electronic transmission is unconstitutional as it is not free, fair and verifiable.
"Electronic transmission of results is susceptible to manipulation with relatively little effort from techno-savvy individuals," the Jubilee politician argues.
Information Rights Tribunal's decision on an application for permission to appeal to the Upper Tribunal. Concerns requests for information made to Humberside police to obtain the number of times the phrase "YOU CANT MAKE ME" appeared in police officers witness statements. Humberside Police relied on section 14(1) (vexatious requests) of FOIA.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
Govt.of India, DoPT has sought suggestions on this draft rule. This is published for wide circulation and for offering suggestions by desirous RTI lovers.
The DoPT, vide their circular No 1/5/2016-IR dated 31 Mar 2017, has invited suggestions from the public on the proposed RTI Rules, 2017 attached to it. These rules have nothing in them to ensure compliance of the law by PIOs, FAAs and ICs and are obviously intended to make it more difficult for information seekers to access information and easy for public servants to avoid providing them. If anything these proposals only expose the public servants who have drafted them and approved them for circulation as idiots and traitors!
Under the circumstances it has become necessary to draft an entirely independant set of rules for the effective implementation of the RTI Act in keeping with its objectives- for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed- as stated in its preamble.
Petition challenging use of electronic results transmissionThe Star Newspaper
A voter at Tononoka Social Hall being identified by a KIEMS kits, August 8, 2017. /ERNEST CORNEL
A voter at Tononoka Social Hall being identified by a KIEMS kits, August 8, 2017. /ERNEST CORNEL
Facebook
Twitter
Google+
WhatsApp
Email
A petitioner wants the court to bar the use of electronic transmission in the October 26 repeat presidential election.
Juma Mukhwana says electronic transmission is unconstitutional as it is not free, fair and verifiable.
"Electronic transmission of results is susceptible to manipulation with relatively little effort from techno-savvy individuals," the Jubilee politician argues.
Information Rights Tribunal's decision on an application for permission to appeal to the Upper Tribunal. Concerns requests for information made to Humberside police to obtain the number of times the phrase "YOU CANT MAKE ME" appeared in police officers witness statements. Humberside Police relied on section 14(1) (vexatious requests) of FOIA.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
Govt.of India, DoPT has sought suggestions on this draft rule. This is published for wide circulation and for offering suggestions by desirous RTI lovers.
The DoPT, vide their circular No 1/5/2016-IR dated 31 Mar 2017, has invited suggestions from the public on the proposed RTI Rules, 2017 attached to it. These rules have nothing in them to ensure compliance of the law by PIOs, FAAs and ICs and are obviously intended to make it more difficult for information seekers to access information and easy for public servants to avoid providing them. If anything these proposals only expose the public servants who have drafted them and approved them for circulation as idiots and traitors!
Under the circumstances it has become necessary to draft an entirely independant set of rules for the effective implementation of the RTI Act in keeping with its objectives- for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed- as stated in its preamble.
Duites and Responsibilities of Public Information Officer under the Right To ...ParthSagdeo2
Salient features of the RTI act and PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for contraventions of the provisions of this Act, such other officer shall be treated as a PIO.
It is 15 years since the Right to Information Act was introduced as another piece of legislation, only to cheat the masses once again. Touted as a sunshine act, as a panacea for corruption and introduce accountability of the public servants to the public, it has grown into one of the biggest, yet unrecognized, scams over the last 15 years.
Prudence dictates it is better to let sleeping dogs lie. But wisdom demands that the unpalatable and unpleasant, at least those in public domain, be discussed publicly and thrashed out in public interest.
The title is a quip from Malayalam, the regional language of Kerala, India. It means for the king who kills, the minister who eats. It is used to describe an unholy nexus where no evidence of any crime is left. This was written in the context of a scam where the Government of Kerala shared private information of Covid patients to a software firm in the US of A, flouting all laws on such transactions. A bureaucrat, the Principle Private Secretary of the Chief Minister claimed that he had done it on his own, absolving his boss, secure in the feeling that his boss would not give permission to prosecute him, a ridiculous requirement of our laws.
This is the copy of a leaflet prepared for distribution during a protest against Palat Mohandas, the then Chief Information Commissioner, Kerala State Information Commission, when he had come to Palakkad on 08 Dec 2007 to address a seminar on Right to Information. The original is in Malayalam and this post includes the original and its translated version in English.
The RTI Act has been murdered by the bureaucrats appointed as CIC and ICs. This is an application of 21 Apr 2007 whihc i had filed with the President of India to remove the first CIC, Wajahat Habibullah
On 19 feb 2009 there was open war in the Madras High Court premises when the police tried to control an unruly mob of advocates. Sree Krishna, former judge of the apex court, who inquired into the above incidence submitted an interim report on 4 Mar 2009. This report is documentary proof of how biased and unreliable our (former) judges are.
The only citizen friendly law in India- the Right to Information Act- has been totally subverted by the very commissioners appointed to enforce it. One of them, the Chief Information Commissioner of the Central Information Commission has been recently designated as the 1st Lt Governor of the newly created union territory of Ladhak. Shouldn't it be considered as a reward for treason?
The judiciary in India is a law unto itself. Recently, an apex court bench dusted an appeal of 2015 vintage and ordered 5 apartment complexes in Kochi to be demolished within one month- without having ensured that even one of the 350 odd owners of the flats had been heard.
For all the failures of the authorities to implement the laws the blame is invariably palmed off to the masses and their ignorance of the laws. This is a fraud. The performance of the authorities can be easily seen to be indifferent, incompetent and wayward by just studying their functions objectively. Whether it is the judiciary or the quasi judicial organisations they can all be seen most brazenly violating the laws which they are tasked, empowered, equipped and paid to enforce. The experience of those who know these laws is sufficient to indict these authorities.
Indian democracy is a unique system where unelected babus (bureaucrats) and judges dictate the terms. The civil military relationship should be the worst in India given the self serving nature of both the babus and judges and the helpless politicians acting as the sikhandi in the Mahabaratha though the former two can never be compared with Arjun.
The only thing that marks India as a democracy is the periodical visits to the polling booths. Government administration, led by the bureaucrats of the Indian Administrative Service, is a synonym for corruption and treason. The politically elected government is just a puppet in the hands of these bureaucrats. And the judiciary is a law unto itself.
The Lokpal at the Centre and Lokayuktas in the states have been established to deal with corruption and impropriety at the higher levels of government. But sad to say, these have been turned into another rehabilitation home for retired judges.
Short of a decade after Anna Hazare led Anti Corruption Movement took the nation by storm from Jantar Mantar, the Lokpal is a reality in the country. As soon as the agitation had begun gathering momentum, the then UPA government led by Man Mohan Singh brought in a Bill in 2011 that was derided by the activists as Jokepal. They came up with a draft bill touted as Jan Lokpal. After some stalemate the Lokpal and Lokayuktas Act, 2013 became a reality in 2014. To be precise it became effective from 16 Jan 2014. But the appointment of the first Chairman and members of the Lokpal took another five years.
The Constitution of India, touted as the most voluminous and most detailed, has the dubious reputation of its own architect, DR Ambedkar stating that "I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody.” It has also been criticised as a revised version of the Government of India Act 1935 which had been legislated by the colonial rulers to grant limited self government to the locals. Suffice to say that on completion of almost 7 decades, it retrospect it can definitely be said that it needs to be rewritten keeping the aspiration of the new generation in mind.
I cannot say if the apex court judgment in the hands of Pinarayi led Government can be compared to a bouquet of flowers in the hands of a monkey or a murderous weapon in the hands of a serial murderer. The fact remains that the fear of their rights related to their faith being violated was writ large and there were reports of protests from devotees even in far away Australia, Canada and the US of A. This is a complaint to the CM, Pinarayi Vijayan, himself
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
Understanding the Challenges of Street ChildrenSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
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Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Up the Ratios Bylaws - a Comprehensive Process of Our Organizationuptheratios
Up the Ratios is a non-profit organization dedicated to bridging the gap in STEM education for underprivileged students by providing free, high-quality learning opportunities in robotics and other STEM fields. Our mission is to empower the next generation of innovators, thinkers, and problem-solvers by offering a range of educational programs that foster curiosity, creativity, and critical thinking.
At Up the Ratios, we believe that every student, regardless of their socio-economic background, should have access to the tools and knowledge needed to succeed in today's technology-driven world. To achieve this, we host a variety of free classes, workshops, summer camps, and live lectures tailored to students from underserved communities. Our programs are designed to be engaging and hands-on, allowing students to explore the exciting world of robotics and STEM through practical, real-world applications.
Our free classes cover fundamental concepts in robotics, coding, and engineering, providing students with a strong foundation in these critical areas. Through our interactive workshops, students can dive deeper into specific topics, working on projects that challenge them to apply what they've learned and think creatively. Our summer camps offer an immersive experience where students can collaborate on larger projects, develop their teamwork skills, and gain confidence in their abilities.
In addition to our local programs, Up the Ratios is committed to making a global impact. We take donations of new and gently used robotics parts, which we then distribute to students and educational institutions in other countries. These donations help ensure that young learners worldwide have the resources they need to explore and excel in STEM fields. By supporting education in this way, we aim to nurture a global community of future leaders and innovators.
Our live lectures feature guest speakers from various STEM disciplines, including engineers, scientists, and industry professionals who share their knowledge and experiences with our students. These lectures provide valuable insights into potential career paths and inspire students to pursue their passions in STEM.
Up the Ratios relies on the generosity of donors and volunteers to continue our work. Contributions of time, expertise, and financial support are crucial to sustaining our programs and expanding our reach. Whether you're an individual passionate about education, a professional in the STEM field, or a company looking to give back to the community, there are many ways to get involved and make a difference.
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Highlights
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Study permit applications experiencing sharp decrease as a result of announced caps over 50 percent compared to February.
Citizenship numbers remain stable.
Slide 3 has the overall numbers and change.
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1. No. 1/5/2016-IR
Govt. of India
Mlnistrty of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 31 st March, 2017
CIRCULAR
Subject:- Framing RI" Rules, 2017 in supersession of RTI
Rules, 2012 — comments regarding.
A proposal for making Rules under RTI i.e. RTI Rules, 2017 in
supersession of RTI Rules, 2012-by the Central Government under
section 27 of the RTI Act, 2005, is under consideration of the
Department of Personnel & Training.
2. A copy of draft RTI Rules, 2017 in this regard is enclosed at
Annexure-I.
3. It has been decided to invite views / suggestions of the
concerned stakeholders on the draft RTI Rules, 2017. The views /
suggestions may be sent latest by 15 th April, 2017 through e-mail only
to Ms. Preeti Khanna, Under Secretary (RTI), North Block at email ID
usrti-doptnic.in.
(Gayatri isftra)
Encl. As above. Joint Secretary (IR)
Tele: 2309 2755
2. Annexure - I
THE RIGHT TO INFORMATION RULES, 2017
In exercise of the powers conferred by section 27 of the Right to Information Act,
2005 (22 of 2005) and in supersession of the Right to Information Rules 2012, except as
respects things done or omitted to be done before such supersession, the Central
Government hereby makes the following rules, namely:-
1. Short title and commencement:- (1) These rules may be called the Right to
Information Rules,2017.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions:- In these rules, unless the context otherwise requires,—
(a) "Act" means the Right to Information Act, 2005 (22 of 2005);
(b) "Chief Information Commissioner" means the Chief Information Commissioner
appointed under sub-section (3) of Section 12 of the Act.
(c) "Commission" means the Central Information Commission constituted under
sub-section (1) of section 12 of the Act;
(d) "Decision" includes an order, direction or determination of an issue.
(e) "First Appellate Authority" means an officer in the public authority who is senior
in rank to the Central Public Information Officer to whom an appeal under sub –
section (1) or sub-section (2) of section 19 of the Act lies.
(f) "Information Commissioner" means an Information Commissioner appointed
under sub-section (3) of section 12 of the Act.
(g) "Non-Compliance" means non-implementation of the decisions in an
appeal/complaint of the Commission by any person including the Central Public
Information Officer or the public authority.
(h) "Registrar" means an officer of the Commission so designated and includes an
Additional Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar.
(i) "Representative" means a person duly authorized by or on behalf of any of the
parties to the proceedings or interveners.
"Secretary" means an officer so appointed as Secretary to the Commission by
the Central Government.
(k) "Section" means a section of the Act;
(I) All other words and expressions used herein but not defined in these rules shall
have the same meanings as assigned to them in the Act.
1
3. 3. Application Fee:- An application under sub-section (1) of section 6 of the Act
shall be accompanied by a fee of rupees ten or as notified by Central Government from
time to time and shall ordinarily not contain more than five hundred words, excluding
annexures, containing address of the Central Public Information Officer and that of the
applicant:-
Provided that no application shall be rejected only on the ground that it contains
more than five hundred words.
4. Fees for providing information:- Fee for providing information under sub-section
(4) of section 4 and sub —section (1) and (5) of section 7 of the Act or as notified by
Central Government from time to time shall be charged at the following rates, namely:-
(a) rupees two for each page in A-3 or smaller size paper;
(b) actual cost or price of a photocopy in large size paper;
(c) actual cost of price for samples of models;
(d) rupees fifty per diskette or floppy;
(e) price fixed for a publication or rupees two per page of photocopy for
extracts from the publication;
(f) no fee for inspection of records for the first hour of inspection and a fee
of rupees 5 for each subsequent hours or fraction thereof; and
(g) so much of postal charge involved in supply of information that exceeds
fifty rupees.
5. Exemption from Payment of Fee: - No fee under rule 3 and rule 4 shall be
charged from any person who is below poverty line provided a copy of the certificate
issued by the appropriate Government in this regard is submitted along with the
application.
6. Mode of Payment of fee:- Fees under these rules may be paid in any of the
following manner, namely;--
(a) in cash, to the public authority or to the Central Assistant Public
Information Officer of the public authority, as the case may by,
against a proper receipt; or
(b) by demand draft or bankers cheque or Indian Postal Order
payable to the Accounts Officer of the public authority; or
2
4. (c) by electronic means to the Accounts Officer of the Public
authority, if facility for receiving fees through electronic means is
available with the public authority.
(d) by any other mode notified by Central Government.
7. Appointment of Secretary to the Commission: - The Central Government shall
appoint an officer not below the rank of Additional Secretary to the Government of
India as Secretary to the Commission.
8. Appeal to the Commission:-
(1) Any person aggrieved by an order passed by the First Appellate Authority or
by non —disposal of his appeal by the First Appellate Authority, may file an
appeal to the Commission either online or offline in the format given in the
Appendix and shall be accompanied by the following documents, duly
authenticated and verified by the appellant, namely:-
a copy of the application submitted to the Central Public
Information Officer;
(ii) a copy of the reply received, if any , from the Central Public
Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the order received, if any, from the First Appellate
Authority;
(v) copies of other documents, if any, relied upon by the appellant
and referred to in his appeal;
(vi) an index of the documents referred to in the appeal;
(vii) A request for condonation of delay in submission of appeal
wherever required, giving reasons.
(viii) A certificate stating that the matter under appeal has not been
previously filed and disposed or are pending, with the
Commission or any court; and
(ix) Proof of service of appeal to respondent.
(2) Every appeal, application, statement, rejoinder, reply or any other document
filed before the Commission shall be typed, printed or written neatly and legibly and in
double line spacing.
3
5. (3) Before submitting an appeal to the Commission, the appellant shall cause a copy
of the appeal, as the case may be, to be served on the Central Public Information Officer
and shall submit a proof of such service to the Commission.
9. Return of Appeal: -
An appeal may be returned to the appellant, if it is not
accompanied by the documents as specified in rule 8, for removing the deficiencies and
filing the appeal complete in all respects.
Provided that no appeal shall be returned only on the ground that it has not
been made in the specified format if it is accompanied by documents as specified in rule
8.
Provided further that no appeal which is accompanied by the documents
specified in Rule 8 will be returned only on the ground that the attached documents
have not been authenticated and verified by the appellant. However, the appellant may
be required to authenticate/verify the document(s) before disposal of appeal.
10. Process of Appeal: -
(1) The Commission shall not consider an appeal unless it is
satisfied that the appellant has availed of all the remedies available to him under the
Act.
(2)
For the purposes of sub- rule (1), a person shall be deemed to have availed of all
the remedies available to him under the Act:
(a) if he had filed an appeal before the First Appellate Authority and the First
Appellate Authority or any other person competent to pass order on such appeal had
made a final order on the appeal: or
(b)
where no final order has been made by the First Appellate Authority with
regard to the appeal preferred, and a period of forty —five days from the date on which
such appeal was preferred has elapsed.
11. Procedure for deciding appeals: -
The Commission, while deciding an appeal may
(i) receive oral or written evidence on oath or on affidavit from concerned
or interested person;
(ii) peruse or inspect documents, public records of copies thereof;
(iii) inquire through authorized officer further details or facts;
(iv)
hear Central Public Information Officer, Central Assistant Public
Information Officer or the First Appellate Authority, or such person against whose action
the appeal is preferred, as the case may be;
(v) hear third party; and
(vi) receive evidence on affidavits from Central Public Information Officer,
Central Assistant Public Information Officer, First Appellate Authority and such other
person against whom the appeal lies or the third party;
4
6. 12. Withdrawal/Abatement of Appeal :-
(1) The Commission may in its discretion allow a prayer for withdrawal of
an appeal if such a prayer is made by the appellant on an application
made in writing duly signed or during hearing. However, no such
prayer may be entertained by the Commission after the matter has
been finally heard or a decision. or order has been pronounced by the
Commission.
(2) The proceedings pending before the Commission shall abate on the
death of the appellant.
13. Complaint to the Commission:-
(1) A person may file a complaint to the Commission on the grounds mentioned
in clauses (a) to (f) of sub-section (1) of section 18 of the Act either online or
offline in the format given in the Appendix and shall be accompanied by the
following documents, duly authenticated and verified by the complainant,
namely:-
(i) a copy of the application submitted to the Central Public
Information Officer;
(ii) copies of other documents, if any, relied upon by the complainant
and referred to in his complaint;
(iii) an index of the documents referred to in the complaint;
(iv) A complaint submitted beyond 90 days from the date the cause of
complaint arises, should be accompanied with the request for
condonation of delay giving reasons.
(v) A certificate stating that the matter under complaint has not been
previously filed and disposed or are pending, with the
Commission or any court; and
(vi) Proof of service of complaint to respondent.
(2) Every complaint, application, statement, rejoinder, reply or any other document
filed before the Commission shall be typed, printed or written neatly and legibly and in
double line spacing.
(3) Before submitting a complaint to the Commission, the complainant shall cause a
copy of the complaint, as the case may be, to be served on the Central Public
Information Officer and shall submit a proof of such service to the Commission.
7. Provided that if the complainant does not know the name, address and other
particulars of the Central Public Information Officer or of the First Appellate Authority
and if he approaches the Commission under section 18 of the Act, he shall cause a copy
of his complaint petition to be served on the concerned Public Authority and proof of
such service shall be annexed along with the complaint petition.
14. Return of Complaint:-
A complaint may be returned to the complainant, if it is
not accompanied by the documents as specified in rule 13, for removing the deficiencies
and filing the complaint complete in all respects.
Provided that no complaint shall be returned only on the ground that it has not
been made in the specified format if it is accompanied by documents as specified in rule
13.
Provided further that no complaint which is accompanied by the documents
specified in Rule 13 will be returned only on the ground that the attached documents
have not been authenticated and verified by the complainant. However, the
complainant may be required to authenticate/verify the document(s) before disposal of
the complaint.
15. Procedure for deciding complaints: -
(i) After a complaint is registered,
comments/replies of the opposite parties shall be obtained within the specified time to
be indicated in the notice issued for the purpose.
ii) On receipt of the comments/replies of the opposite parties or if no
response is received within the specified time, the matter shall be placed before the
Information Commissioner concerned for orders/disposal.
iii) On perusal of the case file if the Commission is satisfied that there are
reasonable grounds to inquire in to the matter, an enquiry in respect thereof shall be
made in accordance of section 18 of the Act otherwise the complaint shall be closed by
passing an order.
iv) The Commission may in its discretion allow a prayer for any amendment of a
complaint during the course of its hearing, including conversion of the complaint into
second appeal, if available remedies have been exhausted, on a prayer made by the
complainant. However, no such prayer may be entertained by the Commission after the
matter has been finally heard or a decision or order has been pronounced by the
Commission.
16. Compliance of the orders of the Commission: -
A communication as per the
format given in the appendix reporting non-compliance of the Commission's orders
passed under the Act shall be dealt with as follows:-
6
8. cl
(i) A non-compliance communication which is not submitted in the format
or does not contain sufficient details may be returned to the sender with an appropriate
facilitation memo.
(ii) The communication for non-compliance of the Commission's order shall
be entertained only if it is made within 3 months from the date of non-compliance.
(iii) Provided that a communication of non-compliance may be considered
after the prescribed period, if the applicant satisfies the Commission that he had
sufficient cause for not submitting the application within such period.
(iv) In cases where no time period is fixed for complying with the orders of
the Commission, it shall be presumed that the same are to be complied within 30 days
from the date of the said order.
(v) On receipt of a non-compliance communication, the Commission shall
determine whether compliance of the decision has been made. Where the Commission
finds non-compliance of its decisions, it may proceed for action under the Act.
17. Posting of appeal/complaint/non-compliance before the Information
Commissioner:-
An appeal/complaint/non-compliance shall be posted before a Single Bench for
hearing/disposal, unless the Chief Information Commissioner by a special or general
order issued in this behalf from time to time directs that the appeal/complaint/non-
compliance or a category of the same may be posted for hearing/disposal by another
bench or a bench of two or more Information Commissioners either at the request of an
Information Commissioner, or suo motu if the same involves an intricate question of law
or larger public interest.
18. Presence of the parties before the Commission:- (1) The parties shall be
informed before the date of hearing.
(2) The Commission shall notify the parties the date and place of hearing of the
appeal or complaint in such manner as the Chief Information Commissioner may by
general or special order direct.
(3) The Commission may allow the parties to be present in person or through their
duly authorized representative or through video/audio conferencing, at the time of
hearing by the Commission.
(4) Where the Commission is satisfied that the circumstances exist due to which the
any party is unable to attend the hearing, then, the Commission may afford the parties
another opportunity of being heard before a final decision is taken or take any other
action as it may deem fit.
(5) The public authority may authorize any representative or any of its officers to
present its case.
7
9. 19. Filing of Counter Statement by the Central Public Information Officer or the
First Appellate Authority: After receipt of a copy of the appeal or complaint, the Central
Public Information Officer or the First Appellate Authority or the Public Authority may
file counter statement along with documents, if any, pertaining to the case. A copy of
the counter statement(s), if any, shall be served to the appellant or complainant by the
CPIO, the First Appellate Authority or the Public Authority, as the case may be and proof
of service submitted to the Commission.
20. Service of notice by Commission: - The Commission may issue the notice which
shall be served in any of the following modes, namely,
(i) service by the party itself;
(ii) by hand delivery (dasti) through Process Server;
(iii) by registered post with acknowledgement due/speed post;
(iv) by electronic mail in case electronic address is available;
21. Seal and Emblem:- The Official Seal and Emblem of the Commission shall be
such as the Commission may specify.
22. Language of the Commission: -
(i) An appeal or a complaint or non-compliance communication may be filed
in English or in Hindi and all the documents or copies thereof shall also
be filed in English or in Hindi. Where a document, in original, is in a
language other than English or in Hindi, a certified authenticated copy of
its translated version in English or in Hindi shall also be filed along with
the original. This shall also apply in the case of a counter statement,
rejoinder, reply or any other document or documents filed before the
Commission.
(ii) The proceedings of the Commission shall be conducted in English or in
Hindi.
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10. APPENDIX - A
FORMAT OF APPEAL
(See rule 8)
1. Name and address of the appellant
2. Name and address of the Central Public Information Officer to whom the application
was addressed
3. Name and address of the Central Public Information Officer who gave reply to the
Application
4. Name and address of the First Appellate Authority who decided the First Appeal
5. Particulars of the application
6. Particulars of the order(s) including number, if any, against which the appeal is
preferred
7. Brief facts leading to the appeal
8. Prayer or relief sought
9. Grounds for the prayer or relief
10. Any other information relevant to the appeal
11. Proof of service of appeal to respondent.
12. An index of the documents referred to in the appeal
Verification/Authentication:
do hereby solemnly verify that the contents
provided above are true and correct to the best of my knowledge and nothing material has
been concealed therefrom.
I also certify that the matter under appeal has not been previously filed and disposed or
are pending, with the Commission or any court; and
I also pray for condonation of delay in submission of appeal due to reasons as under:-
Affirmed at this day of
(Signature)
Applicant
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11. APPENDIX - B
FORMAT OF COMPLAINT
(See rule 13)
1. Name and address of the complainant
2. Name and address of the Central Public Information Officer to whom the application
was addressed
3. Name and address of the Central Public Information Officer who gave reply to the
Application
4. Copy of the application submitted to the Central Public Information Officer/Public
Authority
5. Particulars of the order(s) including number, if any, against which the complaint is
preferred
6. Brief facts leading to the complaint
7. Prayer or relief sought
8. Grounds for the prayer or relief
9. Any other information relevant to the complaint
10. Proof of service of complaint to respondent.
11. An index of the documents referred to in the complaint, if any.
Verification/Authentication:
I do hereby solemnly verify that the contents
provided above are true and correct to the best of my knowledge and nothing material has
been concealed therefrom.
I also certify that the matter under complaint has not been previously filed and disposed
or are pending, with the Commission or any court; and
I also pray for condonation of delay in submission of complaint due to reasons as
under:-
Affirmed at.......... .......... this day of
(Signature)
Applicant
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12. Appendix — C
Format for Filing Non-compliance Application
(See rule 16)
Ministry/Department/Public Authority Details
Name & address of Public Authority
Applicant's Particulars
Name of Applicant
Address Change Intimation
Change of address of Applicant (if any)
Change of mobile number (if any)
Change in email I/D (if any
Details of Application
Commission's Order No. & Date
Response of CPIO
CPIO's response received in pursuance to the Commission's order Yes No
Copy of CPIO Reply, if received
Ground of Non-compliance application
Reasons for delay in filing non-
Compliance, if any and grounds for
seeking extension of limitation of time.
Verification/Authentication:
I do hereby solemnly verify that the contents
provided above are true and correct to the best of my knowledge and nothing material
has been concealed therefrom.
I also certify that the matter under non-compliance application has not been
previously filed and disposed or are pending, with the Commission or any court; and
I also pray for condonation of delay in submission of non-compliance application
due to reasons as under:-
Affirmed at this day of
(Signature)
Applicant
11