Dated loth December, 2010.
OFFICE MEMORANDUM
Subject : Amendment to RTI Rules.
The Government proposes to notify Right to Information Rules in
supersession of the existing rules, namely, the Right to Information
(Regulation of Fee and Cost) Rules, 2005 and the Central Information
Commission (Appeal Procedure) Rules, 2005. Comments if any, on the
proposed Rules may be sent at e-mail address, usrti-dovt@pic.in by ~7'
December, 2010.
(R.K. Girdhar)
US(RT1)
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3,
SUB-SECTION (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
…….
New Delhi, dated the , 2010
NOTIFICATION
G.S.R…..- In exercise of the powers conferred by section 27 of the Right to
Information Act, 2005 (22 of 2005) and in supersession of the Central
Information Commission (Appeal Procedure) Rules, 2005 and the Right to
Information
(Regulation of Fee and Cost) Rules, 2005 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, 2010.
(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) "Commission" means the Central Information Commission as constituted
under sub-section (1) of section 12 of the Act. (c) "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) of section 19 lies;
(d) "Government" means the Central Government;
(e) "Registrar" mean officers of the Commission so designated and unless
otherwise requires includes an Additional Registrar, Joint Registrar and
Deputy Registrar;
(f) "Registry" means the Registry of the Commission comprising the Registrar
General, Registrar, Additional Registrar, Joint Registrar or Deputy Registrar;
(g) "section" means a section of the Act; (h) all other words and
expressions used herein but not defined in the rules shall
have the same meanings assigned to them in the Act.
3. Appointment of Secretary to the Commission: The Government shall
appoint an officer not below the rank of Additional Secretary to the
Government of
India as Secretary to the Commission who shall be the Chief Executive
Officer and
Registrar General of the Commission.
4. Request for Information: A person who desires to obtain any information
from a public authority under sub-section (1) of Section 6 of the Act,
shall pay an
application fee of Rs. 10/- to the public authority alongwith the
application; Provided that the request for information shall relate
only to one subject
matter and shall be limited to two hundred and fifty words, excluding
the address
of the Central Public Information Officer and the address of the applicant.
5. Fees for providing information: Fee for providing information under
Section 4(4), Section 7 (1) and Section 7 (5), as the case may be,
shall be charged
at the following rates:
(a) rupees two for each page in A-3 size or smaller size paper;
(b) actual cost or price of a copy in larger size paper;
(c ) actual cost or price for samples or models;
(d) for inspection of records, no fee for the first hour; and fee of
rupees five for each subsequent hour (or fraction thereof);
(e) for information provided in diskette or floppy, rupees fifty per
diskette or
floppy;
(f) for information provided in printed form, at the price fixed for such
publication or rupees two per page of photocopy for extracts from the
publication;
(g) the actual amount spent by public authority on hiring a machine
or any other
equipment, if any, to supply information;
(h) Postal charges, in excess of rupees ten, if any, involved in supply of
information. Provided that no Fee shall be charged under this rule
from the persons who
are below poverty line as may be determined by respective State Governments.
6. Payment of fee: Fee under these rules shall be paid by way of:
(a) cash, to the public authority or to the Central Assistant Public
Information
Officer of the public authority , as the case may be, against proper
receipt; or
(b) demand draft or bankers cheque or Indian Postal Order payable to the
Accounts Officer of the public authority; or
(c) electronic means to the Accounts Officer of the public authority,
if facility for receiving fee through electronic means is available
with the public
authority:
Provided that a public authority may accept fee by any other mode of
payment.
7. Appeal to the first Appellate Authority: A person aggrieved by any order
passed by the Central Public Information Officer or non-disposal of
his application
by the Central Public Information Officer within the prescribed time,
may file an
appeal to the first Appellate Authority in the format as given in the Appendix.
8. Documents to accompany first appeal to the first Appellate Authority:
Every appeal made to the first Appellate Authority shall be
accompanied by the following documents, duly authenticated and
verified:
(i) Copy of the application submitted to the Central Public
Information Officer;
(ii) Copy of the reply, if any, of the Central Public Information
Officer. 9. Appeal to the Commission: A person aggrieved by any 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 in the format as given in the
Appendix.
10. Documents to accompany Appeal to Commission: Every Appeal made to
the Commission shall be accompanied by the following documents, duly
authenticated and verified:
(i) Copy of the application submitted to the Central Public
Information Officer;
(ii) Copy of the reply, if any, of the Central Public Information
Officer; (iii) Copy of the appeal made to the First Appellate
Authority;
(iv) Copy of the Order, if any, of the First Appellate Authority;
(v) Copies of other documents relied upon by the Appellant and referred to in
the Appeal;
(vi) An index of the documents referred to in the Appeal.
11. Admission of appeals: (1) On receipt of an appeal, if the Commission is
satisfied that it is a fit case for consideration, it may admit such
appeal; but where
the Commission is not so satisfied, it may, after giving an opportunity to the
appellant of being heard and after recording its reasons, reject the appeal.
(2) The Commission shall not admit an appeal unless it is satisfied
that the appellant had availed of all the remedies available to him
under the Act. (3) For the purposes of sub-rule (2), 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 45 days from the date on which
such appeal was preferred has expired.
12. 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 or copies thereof;
(iii) inquire through authorized officer further details or facts; 6
(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 made, 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 person against whom the appeal lies or the third party. 13.
Amendment or withdrawal of an Appeal: The Commission may allow a
prayer for any amendment or withdrawal of an Appeal during the course of
hearing, if such a prayer is made by the Appellant on an application made in
writing.
Provided that such request shall not be entertained by the Commission after
the matter has been finally heard or a decision or order has been
pronounced by the
Commission.
14. Personal presence of the appellant before the Commission:
(1) The appellant shall be informed of the date of hearing at least
seven clear days
before that date.
(2) The appellant may, at his discretion, be present in person or
through his duly authorized representative or, if permitted by the
commission, through video
conferencing, at the time of hearing of the appeal by the Commission.
(3) Where the Commission is satisfied that the circumstances exist
due to which
the appellant is being prevented from attending the hearing of the Commission,
then, the Commission may afford the appellant another opportunity of
being heard
before a final decision is taken or take any other appropriate action
as it may deem
fit.
15. Presentation by the Public Authority: The public authority may authorize
any representative or any of its officers to present its case. 16.
Abatement of an Appeal / Complaint: The proceedings pending before the
Commission shall abate on the death of the appellant.
17. Service of notice by Commission: Notice by name to be issued by the
Commission may 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;
(iv) by electronic mail in case electronic address is available.
18. Order of the Commission: An order of the Commission shall be in
writing and issued under the seal of the Commission duly authenticated
by the Registrar or any other officer authorized by the Commission
for this purpose.
19. Compliance of the order of the Commission: The head of a public
authority shall ensure that an order passed by the Commission, unless varied or
stayed by a validly passed order, is complied with and compliance
report filed with
the Commission within the time limit specified by the Commission, or within 60
days if no such limit is specified.
20. Recovery of Penalty and Payment of Compensation: (1) If a penalty is
imposed by the Commission on a Central Public Information Officer as per the
provisions of the Act and if the Commission requires a Public Authority to
compensate a person for any loss or detriment suffered, an order duly
authenticated by the Registrar shall be served on the Public Authority
for recovery of penalty and
payment of compensation.
(2) The Public Authority shall deduct the amount of penalty in such
installments
as may be allowed by the Commission in its Order and authenticated by the
Registrar from the monetary payments due to such person against whom penalty
has been imposed by the Commission and compensation shall be paid as per order
of the Commission.
21. Recommendation for Disciplinary Action: If disciplinary action is
recommended by the Commission on a Central Public Information Officer
as per the provisions of the Act, an order duly authenticated by the
Registrar shall be
served on the Public Authority to initiate such action and the action
taken on such
order will be communicated to the Registrar within the time specified by the
Commission in its order.
F.No.1/35/2009-IR
(Rajeev Kapoor)
Joint Secretary
APPENDIX
FORMAT OF APPEAL
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. Verification / authentication by the appellant
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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