OFFICE ORDER
Registration, Abatement or Return of Appeal/Complaint.
To streamline, the work relating to Appeal and Complaint cases, it is ordered
that:-
1. Every Appeal, Complaint, application, statement, rejoinder, reply or any other
document filed before the Commission shall be typed or printed or hand
written neatly and legibly and the language used therein shall be formal and
civilized and should not be in any way indecent or abusive. The Appeal,
or an application shall be presented in at least three sets in a paper-book form,
in case of Second Appeals and two sets in case of Complaints under section
18 of the Right to Information Act. An Appeal or complaint may be filed in
Punjabi/Hindi/English Language.
2. An Appeal or a Complaint to the Commission shall contain the following
information, namely:-
(i)
name, address and other particulars of the Appellant or
Complainant, as the case may be;
(ii)
Address of the State Public Information Officer (SPIO) or the State
Assistant Public Information Officer (SAPIO) or PIO against whom
a Complaint is made under Section 18 of the Act, and Second
1
Appeal under section 19(2) of the Act and address of the First
Appellate Authority before whom the First Appeal was preferred
under Section 19(1) of the Act.
(iii)
particulars of the decision or order, if any, including its number and
the date it was pronounced, against which the Appeal is preferred;
(iv)
brief facts leading to the Appeal or the Complaint;
(v)
if the Appeal or Complaint is preferred against refusal or deemed
refusal of the information, the particulars of the application,
including number and date and name and address of the Central
Public Information Officer to whom the application was made and
name and address of the First Appellate Authority before whom the
Appeal was filed;
(vi)
prayer or relief sought;
(vii)
grounds for the prayer or relief;
(viii)
self verification by the Appellant or the Complainant, as the case
may be;
(ix)
any other information which may be deemed as necessary and
helpful for the Commission to decide the Appeal or Complaint. In
case the Appellant / Complainant has alleged deficiency in the
information supplied to him, he shall specify the exact deficiency.
(x)
copies of any communications with Public Authority / PIO made by
the Complainant / Appellant and mentioned in his RTI application
under Section 6 of the Act.
The contents of the Complaint shall be in the same form as prescribed for the
Appeal with such changes as may be deemed necessary or appropriate.
3. Every Appeal or Complaint made to the Commission shall be accompanied by
self attested copies/photo copies of the following documents, namely:-
(i)
The
RTI
application
submitted
before
the
SPIO/Assistant
SPIO/PIO/APIO along with documentary proof as regards payment
of fee under the RTI Act;
(ii)
The order, or decision or response, if any, from the SPIO/PIO to
whom the application under the RTI Act was submitted.
(iii)
The First Appeal submitted before the First Appellate Authority with
documentary proof of fling the First Appeal.
(iv)
The Orders or decision or response, if any, from the First Appellate
Authority against which the Appeal or Complaint is being preferred;
(v)
The documents relied upon and referred to in the Appeal or
Complaint;
(vi)
A certificate stating that the matters under Appeal or Complaint
have not been previously filed or pending or decided by any of the
Commissioners;
(vii)
Copies with an index of the documents referred to in the Appeal or
Complaint; and original application under Section 6 of RTI Act.
4.
Quantum of fee:-
1. An application for obtaining any information under sub-section (1) of
section 6 shall be accompanied with a fee of rupees ten only.
2. The following fee shall be charged for providing information under subsection (1) of section 7, namely:a. Rupees two for each page in A-4 or A-3 size paper, created or
copied; and
b. Actual charge or cost 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 a fee of
rupees five for each fifteen minutes (or fraction thereof) thereafter;
e. for information provided in diskette or floppy rupees fifty per
diskette or floppy; and
f. for information provided in printed from at the price fixed for such
publication or rupees two per page of photocopy for extracts from
the publication.
3. The applicant shall, while depositing fee under sub-rule(2) of rule 4, shall
also submit a self addressed envelope duly stamped for supplying the
information. Stamps on the envelope shall be affixed according the mode
of supplying the information, as desired by the applicant i.e. through
ordinary registered or speed post.
4. Modes of payment of fee:1. The fee may be paid in the following modes, namely:a. by Crossed Bank Draft/Bankers Chequie/IPO or in cash in favour
of concerned Drawing and Disbursing Officer from where the
information is to be obtained; or
b. in cash with the concerned Drawing and Disbursing Officer ; or
c. through Treasury Challan in the following Heads of Account:Major Head
Subj-Major
Minor
.. 0070 -Other Administrative Services
Head
Head
.. 60
..800
Sub-Head
.. 86
Other
Services
Other
Receipts
Fee under the Right to
Information
Detailed Head
..0070
Act,
2005
Other Administrative Services
60 Other Services- 800- Other Receipts86- Fees under the Right to
Information Act, 2005.
2. The amount of fee shall be credited to the account as referred to in clause
(c)ofsub-rule(1):
Provided that the Board, Corporations and other Autonomous bodies of
the State, may get the amount of requisite fee deposited in their own
accounts maintained by them
3. On receipt of an application, submitted under sub- rule (1) of rule 3, the
State Public Information Officer shall scrutinize the application and shall
assess how much fee is required to be paid by the applicant for obtaining
the information.
4. The fee, assessed under sub-rule (3), shall be informed to the applicant
by the State Public Information Officer in Form 'D' contained in Punjab
Right to Information Rules 2007 within a period of ten days from the
receipt of application.
5. The intimation of rejection of an application of the applicant seeking
information under the Act, shall be intimated by the State Public
Information Officer concerned, in Form E Contained in Punjab Right to
Information Rules 2007 within a period of ten days from the receipt of
application.
6. The amount of fee collected under this rule, shall be maintained in the
Cash register as specified in Form F contained in Punjab Right to
Information Rules 2007 within a period of ten days from the receipt of
application.
6.
Presentation and scrutiny of Appeal or Complaint:-
(i)
The Registrar or an officer specially designated by CIC for this purpose
shall receive any Second Appeal or Complaint Petition addressed to the
Commission and ensure that
(a)
the Appeal or the Complaint, as the case may be, is submitted
giving details as specified below (ii)
(b)
that all its contents are duly self verified by the Appellant or the
Complainant, as the case may be;
6
(c)
that the Appeal or the Complaint is in accordance with this Office
Order.
(ii)
The Registrar or the officer designated for this purpose shall also ensure
that the Appeal or the Complaint petition contains copies of all the
required documents such as
(a)
RTI application or its self attested copy.
(b)
Proof of the Application Under Section 6 of the Act having been
sent to the PIO.
(c)
Proof in regard to payment of fee/cost, if any;
(d)
Decision/reply etc. from the SPIO, if any;
(e)
Appeal to the 1st Appellate Authority;
(f)
Decision of the 1st Appellate Authority, if any.
(g)
Copies of all communications made with Public Authority / PIO,
which have been referred to in the Appeal / Compliant petition, as
the case may be.
(iii)
The Registrar/DR/Assistant Registrar/designated officer as the case may
be, shall scrutinize every Appeal/Complaint received and will ensure
(a)
That the Appeal or the Complaint petition is duly self verified and
the required number of copies are submitted;
(b)
That all the documents annexed are duly paged and self attested
by the Appellant or the Complainant.
(c)
That the copies of the documents filed and submitted are clear,
distinct and legible;
(iv)
That the Registrar/DR/Assistant Registrar/designated Officer will return
any such Appeal or the Complaint if it does not meet the requirement or
conform to the standard as set out above and permit its resubmission in
proper form, after removal of deficiencies.
(v)
All Appeals and Complaints not returned as above and found in order shall
be registered and a specific number will be allocated.
(vi)
The Registrar or any other officer authorized by him shall endorse on
every Appeal or Complaint the date on which it is presented.
(vii)
The Appeals and Complaints shall bear separate serial numbers so that
they can be easily identified under separate heads.
(viii)
If any Appeal or Complaint is found to be defective and the defect noticed
is formal in nature, the Registrar/DR/AR/ or designated officer as the case
may be, may allow the Appellant or Complainant to rectify the same in his
presence or may allow time to rectify the defect. If the Appeal or
Complaint has been received by post and found to be defective, the
Registrar may communicate the defect(s) to the Appellant or Complainant
and allow him to re-submit it after rectifying the defects.
(ix)
If the Appellant or Complainant fails to rectify the defects, the Appeal or
Complaint shall not be entertained.
7. Filing of Counter Statement by the State Public Information Officer
or the First Appellate Authority:After receipt of a copy of the Appeal or Complaint, the State Public
Information Officer or the First Appellate Authority or the Public Authority
8
shall be called upon to file counter statement along with documents, if any,
pertaining to the case. A copy of the counter statement(s) so filed shall be
served to the Appellant or Complainant by the SPIO, the First Appellate
Authority or the Public Authority, as the case may be in advance.
8. Posting of Appeal or Complaint before the Information Commissioner:-
(i)
An Appeal or a Complaint, or a class or categories of Appeals or
Complaints, shall be heard either by a Single Bench consisting of
one designated Information Commissioner or a Division Bench of
two designated Information Commissioners, or a Full Bench of
three or more designated Information Commissioners, as decided
by the Chief Information Commissioner by a special or general
order issued for this purpose, from time to time.
(ii)
An Appeal or a Complaint or class or categories of Appeals or
Complaints may be heard by a Bench either in person or through
video conference facility. The proceedings of a Bench conducted
through the video conference shall be valid.
(iii)
Where in the course of the hearing of an Appeal or Complaint or
other proceeding before a Single Information Commissioner, the
Commissioner considers that the matter should be dealt with by a
Division or Full Bench, he shall refer the matter to the Chief
Information Commissioner who may thereupon constitute such a
Bench for the hearing and disposal of the matter, including the
referring bench.
(iv)
Similarly, where during the course of the hearing of a matter before
a Division Bench, the Bench considers that the matter should be
dealt with by a Full Bench, or where a Full Bench considers that a
matter should be dealt with by full Commission, it shall refer the
matter to the Chief Information Commissioner who may thereupon
constitute such a Bench for the hearing and disposal of the matter,
including the referring Bench.
9. Amendment or withdrawal of an Appeal or Complaint:
A Bench may in its discretion allow a prayer for any amendment or withdrawal of
an Appeal or Complaint during the course of its hearing if such a prayer is made
by the Appellant or Complainant on an application made in writing. 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.
10. Personal presence of the Appellant or Complainant:(i)
The Appellant or the Complainant, as the case may be, shall be
informed of the date of hearing at least seven clear days before that
date except in cases involving life or liberty where a shorter notice
may be given.
10
(ii)
The Appellant or the Complainant, as the case may be, may at his
discretion be present in person or through his duly authorized
representative at the time of hearing of the Appeal or Complaint by
the Commission.
(iii)
Where the Commission is satisfied that circumstances exist due to
which the Appellant or the Complainant is being prevented from
attending the hearing of the Commission, the Commission may
afford the Appellant or the Complainant, as the case may be,
another opportunity of being heard before a final decision is taken
or take any other appropriate action as it may deem fit.
(iv)
The Appellant or the Complainant, as the case may be, may seek
the assistance of any authorized person while presenting his case
before the Commission and the person representing him may not
be a legal practitioner.
(v)
If an Appellant or Complainant at his discretion decides not to be
present
either
personally
or
through
his
duly
authorized
representative during the hearing of an Appeal or Complaint before
the Commission, the Commission may pronounce its decision or
Order in the matter ex parte,
11. Date of hearing to be notified: the date, time,
The Commission shall notify the parties
and place of hearing of Appeal or Complaint in any of the
following modes, namely:(a) By hand delivery (dasti) through process server ; or
11
(b) By registered post with acknowledgement due ; or
(c) By publication in the news paper.
(d) In any manner as the Chief Information Commissioner may by general or
special order direct.
12. Issue of summons
Summons to the parties or to the witnesses for appearance or for production of
documents or records or things shall be issued by the Registrar/ DR/AR under
the authority of the Commission, and it shall be in such form as may be
prescribed by the Commission.
13. Communication of decisions and Orders:(i)
Every decision or order of the Commission or any of its Benches shall be
signed and dated by the Commissioner or Commissioners who have
heard the Appeal or the Complaint or have decided the matter.
(ii)
Every decision/order of a Bench of Commission may either be pronounced
in one of the sittings of the concerned Bench, or may be placed on its web
site and may be communicated to the parties under authentication by the
Registrar or any other officer authorized by the Commission in this regard.
(iii)
Every such decision or order, whenever pronounced by a duly constituted
Bench of a Single Information Commissioner or by a Division Bench or by
a Full Bench of three or more Information Commissioners, shall be
deemed to be the decision or order by the Commission under the Act.
12
14. Abatement of an Appeal/Complaint:
The proceedings pending before the Commission shall abate on the death of the
Appellant or Complainant.
The proceedings of the Commission may be conducted in Punjabi or in Hindi or
in English.
Dated: 24.08.2012
Chief Information Commissioner,
Punjab, Chandigarh.
Endst. No.PSIC/Legal/Order/2012/10259
Dated: 24.08.2012
A copy of above is forwarded to:1. Ps/CIC for information of Honble C.I.C.
2. All Ld. SICs.
3. Secretary of the Commission.
4. M.F.A.
Secretary
State Information Commission,
Punjab, Chandigarh.
13
