NOTIFICATION

        No.7307/ I&PR. Bhubaneswar, dated the 6th March, 2006 In exercise of the powers conferred by clause (e) of sub-section (2) of section 27 of the Right to Information Act, 2005 (22 of 2005), the State Government do hereby make the following rules, namely:–

1. 1. Short title and commencement
   • (1) These rules may be called the Orissa Information Commission (Appeal Procedure) Rules, 2006.
   • (2) They shall come into force on the date of their publication in the Orissa Gazette.
2. 2. Definitions.
   • (1)In these rules, unless the context otherwise requires, –
     • (a) "Act" means the Right to Information Act, 2005 (22 of 2005);
     • (b) "Calendar year" means the year commencing on the 1st day of January;
     • (c) "Commission" means the Orissa Information Commission, Orissa;
     • (d) "Form" means the Form annexed to these rules;
     • e) "Registrar" means Registrar of the Commission and any other officer duly authorised by the State Chief Information Commissioner; and
     • (f) "Section" means section of the Act.
   • (2)The words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.
3. 3. Procedure for presentation and scrutiny of appeal
   • (1) The memorandum of appeal shall be presented, in Form E of the Orissa Right to Information Rules, 2005, by the appellant in person or by his authorised representative to the Registrar to receive memorandum of appeal or sent by registered post, with acknowledgement due, addressed to the Registrar.
   • (2) On presentation of every memorandum of appeal, the same shall be registered in the register maintained for the purpose and shall be assigned consecutive serial number of the register during every calendar year.
   • (3) If the memorandum of appeal, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit.
   • (4) If the appellant fails to rectify the defect within the time allowed under sub-rule (3), the Registrar shall, immediately place the matter before the Commission for orders.
4. 4. Contents of appeal
   • An appeal to the Commission shall contain the following informations, namely : –
   • (i) name and address of the appellant;
   • (ii) particulars of the Public Information Officer;
   • (iii) date of receipt of the order appealed against;
   • (iv) last date for filing the appeal;
   • (v) particulars of information –
   • (a) nature and subject matter of the information required;
   • (b) name of the officer or department to which the information relates.
   • (vi) the grounds of appeal (details, if any, to be enclosed in separate sheet); and
   • (vii) verification by the appellant.
5. 5. Documents to accompany appeal
   • Every memorandum of appeal made to the Commission shall be accompanied by the following documents, namely :–
   • (a) self-attested copies of the orders or documents against which the appeal is preferred;
   • (b) copies of documents relied upon by the appellant and referred to in the appeal;
   • (c) an index of the documents referred to in the appeal; and
   • (d) self-addressed duly stamped envelop for intimation of defects in case the memorandum of appeal is sent by registered post.