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Right to Information – Master key to good governance

Karnataka Appeal Procedure rules under sec 27

Posted by rtiact2005 on July 29, 2006

Dear all,
We were able to obtain the above Appeal rules . The Rules are yet to be Gazetted and please pass on your Comments . Further the Appeal rules are Important and please share them with all freinds.
Vikram

GOVERNMENT OF KARNATAKA

DEPARTMENT OF PERSONNAL AND ADMINISTRATIVE
REFORMS SECRETRIAT

Right to Information Act, 2005- Appeal Procedure, Rules under Section 27 of the Act.

NOTIFICATION
No. DPAR 74 RTI 2005 (Part II) dated: 15- 7- 2006

In exercise of the powers conferred by sub- section (1) and (2) of section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Government of Karnataka hereby makes the following rules to amend the Karnataka Right to Information Rules, 2005, namely: –
1. Title and commencement: – These rules may be called the Karnataka Right to Information (Amendment) Rules, 2006.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Amendment of rule 7: – For rule 7 of the Karnataka Right to Information Rules, 2005 (hereinafter referred to as the said rules), the following shall be substituted, namely: –

“7. Appeal under sub- section (3) of section 19: – (1) an appeal to the State Information Commission under sub- section 19 shall contain the following information, namely: –
(i)                 Name and address of the appellant;
(ii)                Name and address of then State Public Information Officer against the decision of whom the appeal is preferred;
(iii)              Particularly of the order including number, if any, against which the appeal is preferred;
(iv)              Brief facts leading to the appeal
(v)               If the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the State Public Information Officer to whom the application was made;
(vi)              Prayer or relief sought;
(vii)            Grounds for the prayer or relief;
(viii)           Verification by the appellant; and
(ix)              Any other information, which the commission may deem necessary for deciding the appeal.”
3.Insertion of new rules 8, 9, 10,11 and 12: – After rule 7 of the said rules, the following new rules shall be inserted, namely: –

“8. Documents to accompany appeal: – Every appeal made to the State Information Commission shall be in triplicate accompanied by the following documents, namely: –
(i)                 Self- attested copies of the Orders or documents against which the appeal is being preferred;
(ii)                Copies of documents relied upon by the appellant and referred to in the appeal; and
(iii)              An index of the documents referred to in the appeal;

4. Procedure in deciding appeal: – In deciding the appeal, the State Information Commission may: –
(i)                 Hear oral, or written evidence on oath or on affidavit from concerned or interested person;
(ii)                Peruse or inspect documents, public record or copies thereof;
(iii)              Inquire through authorized officer further details or facts;
(iv)              Hear State Public Information Officer, State Assistant Public Information Officer or such Senior Officer who decided the first appeal, or such person against whom the complaint is made, as the case may be;
(v)               Hear third party; and
(vi)              Receive evidence on affidavits from State Public Information Officer, State Assistant Public Information Officer, such other Senior Officer who decided the first appeal, or such person against whom the complaint lies or the third party.
5. Service of notice by Commission: – Notice to be issued by the State Information Commission may be served in any of the following modes, namely: –
(i)                 Service to the party itself;
(ii)                By hand delivery (dusty) through process server;
(iii)              By registered post with acknowledgement due; or
(iv)              Through Head of office or Department;
(v)               By fax;
(vi)              By e- mail.
6. Personal presence of the appellant or complaint: –
(1)    The appellant or the complaint, as the case may be, shall in every case be informed of the date of hearing at least ten clear days before that date.
(2)    The appellant or the complainant, as the case may be,  may at his discretion at the time of hearing of the appeal or complaint by the State Information Commission be present in person or through his duty authorized representative or may not be present.
(3)    Where the State Information Commission is satisfied that the circumstances exist due to which the appellant or the complaint, as the case may be, is being prevented from attending the hearing before the State Information Commission, then, the State Information Commission may afford the appellant or the complaint, 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.
(4)    The appellant or the complaint, as the case may be, may seek the assistance of any person in the process of the appeal while presenting his points and the person representing him may not be a legal practitioner.
7. Order of the State Information Commission: – Order of the State Information Commission shall be in writing and be pronounced in open proceedings. Such order shall be duly authenticated by the Under Secretary or any other officer authorized by the State Information Commission for this purpose.”

By order and in the name of the
Governor of Karnataka

Sd/-
(SAGUNABAI)
Under Secretary to Government
Department of Personnel and
Administrative Reforms
(Janaspandana Cell)

To:
The compiler Karnataka, Gazette for publication in the extraordinary Gazette and to supply 1000 copies to the Under Secretary to Government, Department of Personnel and Administrative reforms, Janaspandana Cell, Podium Block, V. V. Tower, Bangalore- 560001. The Principal Secretaries and secretaries to Govt. in all Departments may please be supplied with 100 copies each.

Copy to:
1.The chief secretary to Government, Vidhana Soudha, Bangalore.
2.The State chief Information Commissioner, Karnataka. Information Commission, Bangalore.
3. The Additional Chief Secretary to Government, Vidhana Soudha, Bangalore.
4. The Additional Chief Secretary and Development Commissioner.
5. The Additional Chief Secretary and Principal Secretaries to Government.
6. The Principal Secretary/ Secretary to Chief Minister, Chief Minister Secretariat, Vidhana Soudha, Bangalore.
7. All the Principal Secretaries/ Secretaries to Government.
8. The Secretary to Deputy Chief Minister.
9. The Secretary to Governor, Raj Bhavan, Bangalore.
10. The Registrar General, High Court of Karnataka, Bangalore.
11. The Secretary, Karnataka Public Service Commission, Bangalore.
12. All the Heads of Department.
13. The Secretary, Karnataka Legislative Assembly.
14. The Secretary, Karnataka Legislative Council.
15. All the Chief Executives of Boards and Corporations.
16. The Deputy Commissioners of all the Districts.
17. The chief Executives Officers of all Zilla Panchayaths.
18. The Registrar, Karnataka Lokayukta, Bangalore.
19 The Registrar, Karnataka Administrative Tribunal, BDA Complex, Indiranagar, Bangalore.
20. The Registrar, Karnataka Appellate Tribunal, M.S Building, Bangalore.
21. Press Table.
22. Section Guard file/ Spare Copy/ Weekly Gazette.

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

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One Response to “Karnataka Appeal Procedure rules under sec 27”

  1. article said

    article…

    […]Karnataka Appeal Procedure rules under sec 27 « Right2Information[…]…

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