CENTRAL INFORMATION COMMISSION (MANAGEMENT) REGULATIONS, 2007
(i) These regulations may be called the Central Information Commission (Management) Regulation, 2007.
(ii) They shall come into force with effect from such date2 as the Chief Information Commissioner may by order specify.
(iii) Appeals and Complaints which have already been filed before the date of commencement of these regulations and have been found in order and are already registered before this date will be proceeded with as before and shall not abate for any infirmity therein but these regulations will be applicable for any prospective action even in regard to such pending appeals and complaints.
2. Came into force on 21.6.2007.
In these regulations unless the context otherwise requires,-
(a) "Act" means the Right to Information Act, 2005 (Act 22 of 2005);
(b) "Appellant" includes a complainant;
(c) "Commission" means the Central Information Commission;
(d) "Chief Information Commissioner" means the Chief Information Commissioner appointed under the Act;
(e) "CPIO" ("PIO" in case of the Union Territories and the State of Delhi) means an officer designated by a public authority under section 5(1) of the Act and includes an Assistant CPIO/PIO so designated or notified under section 5(2) of the Act and it also includes-
(i) an officer to whom an application submitted under the Right to In
The Commission may designate one or more of its officers in the Commission to function as Registrar(s) of the Commission. It may also designate other officers of the Commission to act as Additional Registrar(s), Joint Registrar(s), Deputy Registrar(s) or Assistant Registrar(s) and provide other staff that may be necessary to assist the Registrars in the performance of their duties and responsibilities.
(i) The Registrar shall be the Chief Executive of the Commission on the Judicial side. Any communication addressed to him will be deemed to be addressed to the Commission and the Commission will be represented by him in all judicial matters.
(ii) The Registrar shall discharge his functions under the control and superintendence of the Chief Information Commissioner.
(iii) All records of the Commission shall be in the custody of the Registrar.
(iv) The Official Seal of the Commission shall be kept in the custody of the Registrar.
(v) Subject to any general or special directions of the Chief Information Commissioner, the Official Seal of the Commission shall be affixed to any order, summons or other process under the authority of the Registrar.
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Subject to any order by the Chief Information Commission, the office of the Commission will be open on all working days from 9.30 AM to 5.30 PM with a lunch break of an hour from 1.00 PM to 2.00 PM.
Commission may have summer vacation of 2 to 4 weeks during June-July and a winter vacation of two weeks during December-January as notified by the Chief Information Commission. The office of the Commission will, however, remain open during vacation except on gazetted holidays. The Chief Information Commissioner may make appropriate arrangements to deal with matters of urgent nature during vacations.
Every appeal, 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 and the language used therein shall be formal and civilised and should not be in any way indecent or abusive. The appeal, complaint or an application shall be presented in at least two sets in a paper-book form.
(1) 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) name and address of the Central Public Information Officer (CPIO) or the Central Assistant Public Information Officer (CAPIO) against ,whom a complaint is made under section 18 of the Act, and the name 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;
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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 CPIO along with documentary proof as regards payment of fee under the RTI Act;
(ii) The order, or decision or response, if any from the CPIO to whom the application under the RTI Act was submitted.
(iii) The first appeal submitted before the First Appellate Authority with documentary proof of filing 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
Before submitting an appeal or complaint to the Commission, the appellant or the complainant shall cause a copy of the appeal or complaint, as the case may be, to be served on the CPIO/PIO and the Appellate Authorities and shall submit a proof of such service to the Commission:
Provided that if complainant does not know the name, address and other particulars of the CPIO 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 or the Head of the Office and proof of such service shall be annexed along with the complaint petition.
(i) The Registrar shall receive any appeal or complaint petition addressed to the Commission and ensure that:
(a) the appeal or the complaint, as the case may be, is submitted in prescribed format;
(b) that all its contents are duly verified by the appellant or the complainant, as the case may be;
(c) that the appeal or the complaint is in accordance with the regulations.
(ii) The Registrar shall also ensure that the appeal or the complaint petition contains copies of all required documents such as :-
(i) RTI application;
(ii) Receipt of the RTI Application;
(iii) Proof in regard to payment of Fee/cost, if any;
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After receipt of a copy of the appeal or complaint, the Central Public Information Officer or the First Appellate Authority or the Public Authority shall 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 CPIO, the First Appellate Authority or the Public Authority, as the case may be.
(i) An appeal or a complaint, or a class or categories of appeals or complaints, shall be heard either by a Single Information Commissioner or a Division Bench of two Information Commissioner, or a Full Bench or three or more Information Commissioners, as decided by the Chief Information Commissioner by a special or general order issued for this purpose from time to time.
(ii) Where in the course of the hearing of an appeal or complaint or other proceeding before a Single Information Commissioner, the Commissioner considered 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.
(iii) Similarly, where during the course of the hearing of a matter before a Division Bench, the Bench
The Commission 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.
(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.
(ii) The appellant or the complainant, as the case may be, 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, or may opt not to be present.
(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
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.
The appellant or the complainant or any of the respondents may, for just and sufficient reasons, make an application for adjournment of the hearing. The Commission may consider the said application and pass such orders as it deems fit.
In deciding an appeal or a complaint, the Commission may :-
(i) receive oral or written evidence on oath or on affidavit from concerned person or persons;
(ii) peruse or inspect documents, public records or copies thereof;
(iii) inquire through authorized officer further details or facts;
(iv) examine or hear in person or receive evidence on affidavit from Central Public Information Officer, Central Assistant Public Information Officer or such Senior Officer who decided the first appeal or such person or persons against whom the complaint is made as the case may be; or
(v) examine or hear or receive evidence on affidavit from a third party, or an intervener or any other person or persons, whose evidence i
Summons to the parties or the witnesses for appearance or for production of documents or records or things shall be issued by the Registrar under the authority of the Commission, and it shall be in such form as may be prescribed by the Commission.
The Commission may entrust an enquiry in connection with any appeal or complaint pending before it to the Registrar or any other officer for the purpose and the Registrar or such other officer while conducting the enquiry shall have all the necessary powers including power to :-
(i) summon and enforce attendance of persons;
(ii) compel production of documents or things;
(iii) administer oath and to take oral evidence or to receive affidavits or written evidence on solemn affirmation;
(iv) inspect documents and require discovery of documents; and
(v) requisition any public record or documents from any public authority.
The Commission may award such costs or compensation to the parties as it deems fit having regard to the facts and circumstances of the case.
(i) Every decision or order of the Commission shall be signed and dated by the Commissioner or Commissioners who have head the appeal or the complaint or have decided the matter.
(ii) Every decision/order of the Commission may either be pronounced in one of the sittings of the Commission, or may be placed on its website, or 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 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.
(1) A decision or an order once pronounced by the Commission shall be final]
1. Regulation 23 subs. by Notification No. CIC/Legal/2007/006, dated 20.10.2008.
The proceedings pending before the Commission shall abate on the death of the appellant or complainant.
The official seal and emblem of the Commission shall be such as the Commission may specify.
(i) An appeal or a complaint 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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