MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Dated: July 31, 2012
G.S.R. 603(E).-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, 2012. (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,-
3. Application Fee.- An application under sub-section (1) of Section 6 of the Act shall be accompanied by a fee of rupees ten 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-sections (1) and (5) of Section 7 of the Act shall be charged at the following rates, namely :-
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 alongwith the application.
6. Mode of Payment of fee.-Fees under these rules may be paid in any of the following manner, namely:-
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.-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 in the format given in the Appendix and shall be accompanied by the following documents, duly authenticated and verified by the appellant,
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.
10. Process of appeal.-(1) On receipt of an appeal, if the Commission is not satisfied that it is a fit case to proceed with, it may, after giving an opportunity of being heard to the appellant and after recording its reasons, dismiss the appeal:
Provided that no appeal shall be dismissed 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.
11. Procedure for deciding appeals.-The Commission, while deciding an appeal may.-
12. Presence of the appellant before the Commission.-(1) The appellant shall be informed of the date at least seven clear days before the date of hearing.
13. Presentation by the Public Authority.-The public authority may authorise any representative or any of its officers to present its case.
14. Service of notice by Commission.-The Commission may issue the notice by name, which shall be served in any of the following modes, namely:-
15. Order of the Commission.-The 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 authorised by the Commission for this purpose.
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. Verification/authentication by the appellant