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| SIC to formulate its "Management Regulations "- Part II | | |
Early Times Report
Jammu, Mar 26 : The State Information Commission (SIC) is planning to formulate its Management Regulations so as to ensure managing the affairs SIC for its smooth functioning . In exercise of the powers conferred by section 12(4) of the J&K Right to Information Act, 2009 and all other provisions enabling in this behalf, the State Chief Information Commissioner (CIC) is authorized to make these regulations. The SIC has already put the draft management regulations on its website for seeking public comments.
The further highlights of the Management Regulations are :
Registration, and Return of Appeal.
Appeal or complaint etc. to be in writing:-
Every appeal, complaint, application, statement, rejoinder, reply or any other document filed before the Commission shall be computerized typed in double space and printed preferably on Judicial Paper (Green) and the language used therein shall not be in any way indecent or abusive. The complaint / appeal, shall be presented in the Commission in three sets.
Contents of appeal or complaint:-
An appeal or a complaint to the Commission shall contain the following information, namely:- (i) name, address, with any valid proof of residence and Phone No. of the complainant/ appellant. (ii) Particulars of the Public Information Officer (PIO) and First Appellate Authority(FAA) against whom a complaint / first Appeal is made under Section 15 & 16(i) of the Act, as the case may be. (iii) particulars of the decision or order, against which the appeal is preferred; (iv) brief facts of the appeal or the complaint; (v) prayer or relief sought; (vi) grounds for the prayer or relief; (vii) verification by the appellant or the complainant, (viii) any other information which the Commission may deem necessary for deciding the appeal or complaint.
Documents to accompany appeal or complaint :-
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 PIO along with documentary proof as regards payment of fee under the RTI Act;2009 7 (ii) The order, or decision or response, if any, from the PIO to whom the application under the RTI Act was submitted. (iii) The First appeal submitted before the First Appellate Authority (FAA) 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 in respect of information sought which is the subject matter of appeal a) No other request for information or an application or contents regarding the same subject has been previously filed or is pending with any public authority and if so, particulars there off. b) No appeal, complaint or petition is pending with any court or tribunal or with any other authority including the first Appellate Authority or a Public Authority and c) Is not covered by any other appeal, complaint or petition filed before the Commission and if so, the result there off. (vii) An index of the documents referred to in the appeal or complaint; and (viii) A list of dates briefly indicating in chronological order the progress of the matter up to the date of filing the appeal or complaint to be placed at the top of all the documents filed.
Presentation and scrutiny of appeal or complaint:-
The Registrar shall receive an appeal or complaint addressed to the Commission and ensure that it is as per Clause 7 & 8 above. (ii) The Registrar shall also ensure that the appeal or the complaint 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; 8 (iv) Proof of paying copying charges , if any requested. (iv) Decision/reply etc. from the PIO, if any; (v) Appeal to the 1st Appellate Authority; (vi) Decision of the 1st Appellate Authority, if any. (iii) The Registrar shall scrutinize every appeal/complaint received and will ensure (a) that the appeal or the complaint is duly verified and required number of copies are submitted; (b) That all the documents annexed are duly self attested by the appellant or the complainant. (c) That the copies of the documents filed and submitted are clear, and legible; (iv) That Registrar shall intimate the deficiency (ies) to the appellant / complainant for its removal /completion within 15 days from the date of receipt of the deficiency notice. (v) The Registrar shall place before the Chief Information Commissioner / State information Commissioners the following cases for appropriate orders of the Commission and the orders so passed shall be communicated to the appellant / complainant as the case may be : - (a) any appeal if it is time-barred; or (b) any appeal / complaint if it is otherwise inadmissible; or (c) any appeal / complaint if it is not in accordance with these Regulations. (vi) All appeals and Complaints not rejected or returned as above and found in order shall be registered and a specific number will be allocated. (vii) The Registrar or any other officer authorized by the Commission shall indicate on every appeal or complaint as referred in (vi) above, the date on which it is admitted by Registrar. (viii) The appeals and complaints shall bear separate file numbers of the respective registry .i:e central Office registry, Jammu office Registry and Srinagar office Registry as prescribed. 9 (ix) If the appellant / Complainant fails to remove the deficiencies / rectify the defects within the time allowed in clause (IV) of the above, the appeal or complaint shall be deemed to have been rejected.
Filing of Counter Statement by the PIO or the First Appellate Authority:- Upon admission of a complaint / appeal, a notice shall be served to PIO/FAA or the Public Authority for filing counter statement along with documents if any , returnable within 7 days in case of Appeal and witin 15 days in respect of the complaint from the date of receipt of notice. The copy of the written statement may also be provided to the complainant / appellant by the PIO/FAA or the Public Authority as the case may be.
Date of hearing to be notified:-
After admission of the Appeal / complaint the Commission shall fix the date of hearing and notify the same to the parties.
Posting of appeal or complaint before the Information Commission.
(i) An appeal or a complaint, or a class / categories of appeals or complaints, shall be heard either by a Single Bench comprising of State Chief Information Commissioner or State Information Commissioner or a Division Bench comprising of State Chief Information Commissioner and State Information Commissioner , or two State Information Commissioners or a Full Bench comprising of State Chief Information Commissioner and two State Information Commissioners , as decided by the State 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 proceedings before a Single Information Commissioner, the Commissioner considers that the matter may be dealt with by a Division or Full Bench, he may refer the matter to the State Chief Information Commissioner by a reasoned proposal bringing out lucidly and clearly, 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 considers that the matter may be dealt with by a Full Bench, it shall refer the matter to the State Chief Information Commissioner by a reasoned proposal indicating question of law or fact who may thereupon constitute such a Bench for the hearing and disposal of the matter.sic. |
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