Framing RTI Rules, 2017 in supersession of RTI Rules, 2012 — comments regarding.

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.... Information Act, 2005 (22 of 2005) and in supersession of the Right to Information Rules 2()12, 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) &quot....

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....he 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 (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....

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....ellate 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; 12. Withdrawal/Abatement of Appeal :- (1) The Commission may in its discretion allow a prayer for with....

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....int 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. (ii) 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 com....

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....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. 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 ap....

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....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 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……&helli....