THE TAMIL NADU INFORMATION COMMISSION
(APPEAL PROCEDURE) RULES, 2012
(Corrected up to December, 2018)
CONTENTS :
RULE
SUBJECT
NO.
1. Short title and commencement
2. Definitions
3. Contents of appeal
4. Documents to accompany appeal
5. Procedure in deciding appeal
6. Service of notice by Commission
7. Personal presence of the appellant or complainant
8. Personal presence of the Public Information Officer
9. Order of the Commission
10. Limitation Period
THE TAMIL NADU INFORMATION COMMISSION
(APPEAL PROCEDURE) RULES, 2012
In exercise of the powers conferred by sub-section (1) and clause (e) of sub -
section (2) of section 27 of the Right to Information Act, 2005 (Central Act 22 of
2005), the Governor of Tamil Nadu hereby makes the following Rules, namely :-
1. (1) These rules may be called the Tamil Nadu Information
Commission (Appeal Procedure) Rules, 2012
(2) They shall come into force on the 3 rd September 2012
2. In these Rules, unless the context otherwise requires,
(a) "Act" means the Right to Information Act, 2005(Central Act 22
of 2005):
(b) "Section" means section of the Act;
(c) "Commission" means the Tamil Nadu Information Commission ;
(d) words and expressions used in these Rules and not defined in
the Act shall have the meanings assigned to them in the Act .
[2]
3. (1) An appeal to the Commission shall contain the following particulars,
namely: -
[Link] and address of the appellant;
[Link] and address of the Public Information Officer against the
decision of whom the appeal is preferred;
[Link] and address of the Appellate Authority against the decision of
whom the appeal is preferred ;
[Link] sought in the petition under the Act;
[Link] of the order including number, if any, against which the
appeal is preferred;
[Link] facts leading to the appeal;
[Link] and grounds for such prayer;
[Link] the appeal is preferred against deemed refusal, the particulars of the
application, including number and date and name and address of the
Public Information Officer / Appellate Authority to whom the application
was made;
[Link] by the appellant; and
[Link] other information which the commission may deem necessary to
deciding the appeal.
(2) The appeals shall be addressed only to the Tamil Nadu Information
Commission and shall not be addressed to the names of the Chief Information
Commissioner or the Information Commissioners
4. Every appeal made to the Commission shall be 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;
(iii) copy of petition given to the Public Information Officer;
(iv) copy of appeal given to the Appellate Authority;
(v) copy of reply or information furnished by the Public Information
Officer;
(vi) copy of reply or information furnished by the Appellate Authority;
(vii) in case of alleged incomplete or incorrect information, the details
thereof;
(viii) an index of the documents referred to in the appeal.
5. (1) In deciding the appeal, the Commission may:-
(i) hear oral or written evidence on affidavit from concerned or
interested person;
(ii) peruse or inspect documents, public records or copies thereof
(iii) inquire through authorized officer further details or facts,
(iv) hear Public Information Officer, Assistant Public Information Officer
or such senior officer who decide the first appeal, or such person
against whom the complaint is made, as the case may be;
(v) hear third party;
[3]
(vi) receive evidence on affidavits from Public Information Officer,
Assistant Public Information Officer, such senior officer who
decided the first appeal, such person against whom the complaint
lies or the third party;
(vii) issue orders or directions based on available documents or
evidences without personal enquiry, if the Commission is satisfied
about the adequacy of such material;
(viii) initiate an inquiry if it is satisfied that there are reasonable grounds
to inquire into the matter and issue orders;
(ix) conduct inquiry in the Head Quarters of the Commission or in the
offices established at other places in the State with the previous
approval of the State Government;
(x) conduct inquiry through video conference also.
(2) In case the Commission decides to impose penalty, reasonable
opportunity shall be given to Public Information Officer and Other Officers, including
the time sought by them to defend their case in another date
6. Notice to be issued by the Commission may be served in any of the following
modes, namely:-
(i) service by the party itself;
(ii) by hand delivery through Process Server;
(iii) by registered post with acknowledgement due; or
(iv) through Head of Office or Department
7. (1) The appellant or the complainant, as the case may be, shall in every case
be informed of the date of hearing at least seven clear days before that date
(2) (i) The appellant shall be present in person at the time of
hearing, the appeal under sub-section (3) of section 19 of the act:
Provided that if the appellant is unable to attend the hearing, he
shall inform the Commission accordingly and is at liberty to submit in
advance any additional material or written argument to be taken into account
at the time of the hearing.
(ii) During the hearing of a complaint under section 18 of the
Act, the complainant shall be present in person:
Provided that, the Commission may and its discretion allow the
presence of the complainant to be dispensed with, without prejudice to the
powers vested in the Commission under clause (a) of sub-section (3) of
section 18 of the Act”.
(3) Where the circumstances exist due to which the appellant or the
complainant, as the case may be, is being prevented from attending the
hearing of the Commission, then, 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:
[4]
Provided the appellant or the complainant, as the case may be,
should inform the commission the reasons for not attending the hearing in
writing or through any other mode of communication in advance before the
hearing is taken up .
(4) The appellant or the complainant, 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.
8. (1) The Public Information Officer or Assistant Public Information Officer or
such senior officer who decided the first appeal, such person against whom the
complaint lies, shall in every case, be informed of the date of hearing at least seven
days before that date
(2) The Public Information Officer or Assistant Public Information
Officer or such senior officer, who is summoned by the Commission, shall
invariably be present in person. The Commission may at its discretion permit
an authorized representative, but such a representative shall be an officer of
sufficient seniority
(3) Where the Commission is satisfied that there are compelling
circumstances such as, attending flood relief works, epidemic control
measures and containing of law and order problem for the Public Information
Officer or Assistant Public Information Officer or such senior officer or the
other officials summoned for not attending the hearing of the Commission, the
Commission may give another opportunity of being heard. The reason shall
invariably be intimated to the Commission in advance, by the officials. Routine
excuses shall not be entertained by the Commission.
9. Order of the Commission shall be in writing, duly authenticated by the
Registrar or any other officer authorized by the Commission, for this purpose .
[Link] Commission shall not admit any complaint on the non-compliance of the
order of the Commission by the Public Authority, unless it is filed by the appellant
within a period of one year from the date of such order issued by the Commission.