Existing Rules 

To be retained/ 

To be deleted?

To be substituted by the following:

Explanation

1. Short title and commencement- (1): These Rules may be called the Orissa Right to Information Rules, 2005. 

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

1. (1) and (2): To be retained. 

2. Definitions – (1) In these rules, unless there is anything repugnant in the subject or context- 

(a) ‘Act’ means the Right to Information Act, 2005 (No. 22 of 2005);

a) To be retained.

(b) ‘BPL Card’ means a card issued to any citizen who is below the poverty line;

(b)To be retained

(c) ‘fee’ means amount payable by the applicant for obtaining any information under the provisions of sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 excluding the cost of providing information;

 ( c ) ‘fee’ means an amount payable by the applicant for obtaining any information under the provisions of sub-section (4) of section 4, and sub-section (1) of section 6 and sub-section (1) and (5) of section 7. 

(c ) Section 27 (2) of the Act describes only these 4 kinds of fees that may be fixed by an appropriate Government 

(d) ‘form’ means a form appended to these rules;

(d)To be retained

(e) ‘identity’ means an evidence to show the citizenship like an electoral photo identity card, a passport or any other document which can satisfy the authority about the citizenship of the person;

(e) To be deleted

(e) No need, because as per the Section 6(2) of the Act, the applicant is not required to mention any personal details, except the contact address. Moreover, a person below 18 years who has no voter identity card or a passport can’t apply under the Act due to this restriction.  

(f) ‘Nodal Officer’ means the Commissioner -cum-Secretary to Government, Information & Public Relations Department;

(f) To be retained

(g) ‘Public Information Officer’ means the State Public Information Officer designated under sub-section (1) of section 5 of the Act and includes an Assistant Public Information Officer designated as such under sub-section (2) thereof;

(g)To be retained

(h) ‘Schedule’ means a Schedule appended to these rules; and

(h)To be retained

(i) ‘State Government’ means the Government of Orissa

(i)To be retained

(2) Words and expressions used but not defined in these rules shall have the meaning as assigned to them in the Act.

(2)To be retained 

3. Appointment & Obligations of Public Information Officers. – (1) A public authority, if it is a department of State Government, shall designate as many officers as it deem proper, not below the rank of Under Secretary as Public Information Officers.

(1)To be retained

(2) In each sub-ordinate office of the Department of Government including the Heads of Department and offices in the district and Sub-divisional level the head of such offices shall designate as many officers as they deem proper as Public Information Officers and Assistant Public Information Officers.

(2)To be retained

(3) Every public authority other than those mentioned in sub-rules (1) and (2) of  the said rule 3 shall designate one or more Public Information Officers in all administrative units and offices under such authority.

Provided that every such public authority shall, while designating such officers as Public Information Officers so designated, ensure that an officer higher in rank to the Public Information Officer, is available to be specified as Appellate Authority. 

(3)To be retained 

(4) If, for any reason beyond the control of Public Information Officer furnishing of information is delayed, he shall record reasons with justification thereof and shall communicate the Head of the office about such delay. 

(4) To be deleted

(4) The Act does not provide for any delay beyond the maximum time limits ( 30 days in case of information of general nature and 48 hours in case of information concerning life or liberty) as specified under Section 7 (1) of the Act 

4. Procedure to obtain information. – (1) A citizen desirous of any information may apply for information in form A to the Public Information Officer, with the required fee in shape of Treasury Challan or cash as specified in the Schedule under the appropriate head of Account:

 (1 ) A person desirous of any information may apply on plain paper or through an oral request or in model Form A giving his contact details only, to the Public Information Officer, with the required fee, if applicable, in shape of Treasury Challan, Court Fee, Non-judicial stamp paper, Money Order, Postal Order or Banker’s Cheque/Draft under the appropriate head of account;

4. (1)- Section 6 (1b) asks the PIO to reduce an oral request for information into writing. 

Since all modes of payment shall ultimately lead to the State Treasury, there is no problem in prescribing a variety of modes of payment, out of which the applicant shall choose the one convenient to him.

Provided that application fee shall not be payable in case of a person whose name appears in the latest list of persons below poverty line for which he has to produce BPL Card.

Provided that no application fee or the fees prescribed under sub-sections (1) and (5) of section 7 of the Act shall have to be paid by a person belonging to a family below poverty line, for which he has to produce a copy of the BPL card issued to his family. 

The Section 7(5) exempts the BPL persons from all the 3 kinds of fees (application fee, cost of providing information and fee for the electronic or print media).

Provided that a citizen seeking information through electronic means has to submit evidence regarding deposit of prescribed application fee.

Provided that a person applying for the information through email shall not have to pay the Application Fee, and no fee shall be charged from a person if the requested information is provided to him through email.

Information exchange through email involves no tangible cost as such. 

(2) The Public Information Officer or any other officer authorized by him shall furnish the acknowledgement and after being satisfied with the identity of the applicant shall also intimate in Form B as soon as possible the amount of cost for providing information required to be paid by the applicant in cash, as mentioned in the Schedule.

(2) The Public Information Officer or any other officer authorized by him shall furnish instantly the Acknowledgement Receipt along with Money Receipt wherever applicable, to the Applicant, and shall send the intimation in Form B (revised) as soon as possible and in no case exceeding 5 days of the date of receipt of the application, about the detail breakup of the cost for providing information /inspection.

4(2)- Section 7(3a) of the Act asks the PIO to mention a detail break-up of the costs to be paid by the applicant, in his letter of intimation to the requester. 

(3) The applicant may deposit the said amount within a period of fifteen days from the date of receipt of such information, failing which the application shall stand rejected.

(3)To be retained

To be inserted under Rule 4:

Provided that a person seeking information concerning life and liberty shall be provided with the requested information within 48 hours of the request so made as required under Section 7(1) of the Act, and all monetary transactions by the Public Information Officer  with him shall be completed within that time period.

4(4)- The Section 7(1) provides for supplying the requested information within 48 hours of the request, if  it concerns life or liberty of  a person.

Provided further that the monetary transactions, if applicable, shall be completed instantly and expeditiously by the Public Information Officer with a sensorily disabled persons who desires to instantly access or inspect information under Section 7(4) of the Act.

The Section 7(4) of the Act asks the PIO to help a sensorily disabled person in all possible ways to access and inspect the desired information. 

Provided further that no application or inspection fee shall be demanded from the persons who desire to access or inspect the categorized information under Section 4(1b) or public offices under the Section 4(Explanation) of the Act.

The Section 4(1b) mentions 17 categories of  information to be disseminated suo moto by each public authority. 

5. Information regarding rejection. – (1) Where a request has been rejected under sub-section (1) of section 7, the Public Information Officer shall intimate the applicant, the reasons for such rejection in form C.

5. Information regarding rejection- (1) Where a request has been rejected under sub-section (1) of section 7, the Public Information Officer shall intimate the applicant  specifying the particular grounds, applicable under Sections 8 and 9 of the Act, in revised Form C. 

5(1)- The Section 7(1) of the Act says that an application can be rejected only on any of the specific grounds covered under Sections 8 and 9 of the Act, and not on any other ground.

(2) Wherever information applied for is available in electronic means, the Public Information Officer may advise in form C to the applicant to obtain the information from the appropriate website to be specified by the Public Information Officer.

(2) Wherever information applied for or a part of it is available on the Internet or in any electronic medium like CD Rom, VCD or Video Cassette, or in any published material of a public authority, the Public Information Officer shall intimate the applicant either in model Form B or in revised Form C, whichever is earlier, about the exact site and source along with the price wherever applicable, from where the applicant can receive the requested information or part thereof. 

5. (2)- The Section 4(4) of the Act obliges a public authority to provide suo moto information through all possible means free of cost or at cost price only. Again, the Section 10 of the Act provides for supplying a part of the requested information, after severing it from the other part which may be exempted from disclosure under the Act.

To be inserted under Rule 5- 

(3) Wherever the information applied for pertains to the allegations of corruption or human rights violations by the notified security and intelligence agencies of the State Government, the Public Information Officer shall forward the said application within 7 days of its receipt to the State Information Commission seeking the latter’s approval for disclosure, with instant intimation to the applicant.

5(3)- Section 24( 4) of the Act provides for the disclosure of information by the notified security and intelligence agencies of the State, if it concerns the corruption or human rights violation, subject to the approval by the State Information Commission.

6. Meeting of the recommending Committee. – For the purpose of appointment of the State Chief Information Commissioner and the State Information Commissioner under sub-section (3) of section 15, the Nodal Officer shall, in consultation with the State Government, convene the meeting of the Committee for their recommendation.

6. Constitution and Functioning of the State Information Commission- (1) For the purpose of the selection of the State Chief Information Commissioner and the State Information Commissioner under sub-section (3) of section 15 of the Act, the Nodal Officer shall convene a meeting of the Recommending Committee, who shall select the names after observing the established procedure of law including the announcement of the said list of names for public opinion, for endorsement to the Governor, who is the appointing and disciplinary authority for the Commission.

6. The Section 23 of the General Clauses Act 1897 and Section 24 of the Orissa General Clauses Act 1937 along with the Section 4(1c) of the RTI Act bind a public authority to consult the members of the public before taking any decision on such matters. And the Recommending Committee, which is a public authority within the meaning of Section 4(1b-viii) of the Act has to conduct itself in a transparent manner as required under Section 4(1b-vii) of the Act.

To be inserted:

(2) The Recommending Committee shall lay down the procedure to be adopted by the State Information Commission in deciding the appeals under sub-section 10 of Section 19 of the Act,

Provided further that the Recommending Committee which is a public authority within the meaning of Section 4(1b-viii) of the Act is required to take all their decisions including the framing of the Rules for disposal of appeals, based upon public scrutiny, as consistent with the Section 4(1c) of the Act.

7. Memorandum of appeal. – (1) An appeal under sub-section (1) of section 19 shall be filed in form D to the officer as designated by the Public Authority to hear such appeal.

7(1)- An appeal under sub-section (1) of section 19 shall be filed on a plan paper giving the requisite details or in model Form D to the officer as designated by the Public Authority to hear such appeal. Additionally, an oral appeal may be entertained.

7(1)- The Section 18 or 19 of the Act nowhere provides for any Form to be prescribed for an appeal. Form if at all prescribed should aim at simplifying the process of appeal, and should be made optional.

2) The Memorandum of appeal shall be accompanied with such fee as specified in the Schedule which shall be paid in the shape of court fee stamp.

(2) To be deleted

7(2)-  Neither the Act ( vide Section 27) nor the Central Rules under the Act have provided for any appeal fee.

(3) Any person aggrieved by the decision under sub-section (1) of section 19, may prefer a second appeal before the State Information Commission under sub-section (3) thereof in form E which shall be accompanied with such fee in the shape of court fee stamp as specified in the Schedule.

(3) Any person aggrieved by the decision under sub-section (1) of section 19, may prefer a second appeal before the State Information Commission under sub-section (3) thereof on a plain paper giving the requisite details or in model model Form E (appended).

7(3)-   As mentioned under 7(1) and 7(2) above. 

7(4) – As mentioned under 7(2) above.

7 (5) - States like Tamilnadu and Madhya Pradesh have provided for a time limit of 30 days for disposal of appeals by their respective Information Commissions.

(4) The appeal preferred under sub-rules (1) and (3), if not accompanied with the required fee, shall be rejected by the concerned Appellate Authority, but no fee is payable by the applicant holding a BPL Card.

4) To be deleted.

(5) Every order of the Appellate Authority shall be communicated to the appellant concerned and to the Public Information Officer where such appeal is from the order of the Public Information Officer and to the first Appellate Authority in case it is a second appeal.

7 (5)- Every complaint made under Section 18(1a) and every  second appeal made under Section 19(3) of the Act before the State Information Commission shall be disposed of within 30 days of the receipt of the same, and every order of the Appellate Authority shall be communicated to the appellant concerned and to the Public Information Officer where such appeal is from the order of the Public Information Officer and to the first Appellate Authority in case it is a second appeal.

8. Guidelines by the State Government. – The State Government shall have the power to issue guidelines not inconsistent with the provisions of the Act and these rules for smooth implementation of the provisions of the Act and the rules. 

8. The State Government shall have the power to issue guidelines and to amend the Acts and Rules including the present Rules, to bring the same in conformity with the provisions of the Act, and the draft proposal for every such guideline and amendment shall first be subject to the public scrutiny as required under Section 24 of the Orissa General Clauses Act 1937 and Section 4(1c) of the RTI Act, and shall then be laid before the Orissa Legislative Assembly for final approval preceding the notification in the official Gazette.

8. Both Orissa General Clauses Act and RTI Act provide for consultation with the members of public before any draft rule or draft guideline is finalised preceding the notification in the official gazette. 

9. Penalties. – In the event of imposition of penalty under section 20 on the Public Information Officer concerned, such penalty may be deposited by the said officer by Treasury Challan under the appropriate receipt Head of the State Budget within a period of thirty days, failing which the amount shall be recovered from the salary of the officer concerned.

9. Penalties/ Disciplinary Action against PIO: (1) In the event of imposition of any monetary penalty under section 20 (1) on the Public Information Officer concerned, such penalty may be deposited by the said officer by Treasury Challan under the appropriate receipt Head of the State Budget within a period of thirty days, failing which the amount shall be recovered from the salary of the officer concerned.

9. Section 20 (1) of the Act has provided for monetary penalty, while the Section 20(2) for the disciplinary action in terms of service rules against the concerned Public Information Officer.

To be inserted under Rule 9:

(2) In the event of any disciplinary action ordered against the Public Information Officer under Section 20(2) of the Act, such administrative measures as punitive transfer, suspension and dismissal as allowable under the relevant service rules may be taken for materialization of the disciplinary action so ordered. 

10. Calculation of cost of damage. – If any damage is caused to the public property in the course of giving any information in the form of samples of materials, the damage caused to such property shall be included while calculating further fees representing the cost of providing the information.

10. Damage.and compensation - (1) If any damage is caused to the public property in the course of giving any information in the form of samples of materials, the damage so caused to such property shall be included while calculating the penalty payable under the Act against the Public Information Officer who is responsible for collecting the requested sample. 

10. The Act nowhere has contemplated any penalty against the applicant or appellant citizen. On the contrary, it has fixed the accountability on the PIO and public authority for any case of infringement of its provisions. Moreover, the natural justice says that he who damages a thing has to compensate for the same.

To be inserted under Rule 10:

(2) If an applicant suffers any loss or detriment in course of seeking the information under the Act due to non-compliance of its provisions by a public authority, the concerned public authority shall compensate for the same in monetary terms as per the order of the Information Commission under Section 19(8b) of the Act. 

( 2) The Section 19(8b) of the Act says that a public authority shall compensate for the loss or detriment suffered by an applicant in course of seeking information under the Act. 

11. Maintenance of Register. – (1) The Public Information Officer shall maintain a register in form F for recording the details of the applications received and the information supplied by him and keep the Head of Office informed after furnishing any information and it shall be the duty of the Head of office to ensure required assistance if any, as would be sought for by the Public Information Officer to facilitate providing information.

11. Maintenance of Registers– (1) The Public Information Officer shall maintain a register in the revised Form F for recording the details of the applications received and the information supplied by him and keep the Head of Office informed after furnishing any information and it shall be the duty of the Head of office to ensure required assistance if any, as would be sought for by the Public Information Officer to facilitate providing information, and the said Register shall remain always open to inspection by the members of public as required in respect of the proactive disclosures under Section 4 (1b) of the Act.

11. (1)-  Section 4 (1b- xv) and Section 4 (Explanation) of the Act require each public authority to remain transparent as to how and whether the citizens are facilitated to access and inspect their offices in respect of the proactive disclosures. 

(2) The Public Information Officer shall maintain a cash register in form G for recording the details of money received by him relating to providing information and deposit the money in such head of account or in any Scheduled Bank in the name of such officer as the concerned Head of Office decides.

(2) The Public Information Officer shall maintain a cash register in revised Form G for recording the details of money received by him and expenditure incurred in respect of providing information, in such head of account or in any scheduled Bank in the name of such officer as the concerned Head Office decides. And such register shall remain open to the inspection by members of the public. 

(2)  The cash register should maintain both sides of the day-today transaction i.e receipt and payment. Moreover, Section 4 (1b- xi and xii) and Section 4 (Explanation) of the Act require each public authority to remain transparent  in respect of all their activities including the financial transactions 

To be inserted:

(3) Each Public Information Officer shall maintain a Register for showing the day-wise list of the visits to his office by the members of public to access and inspect the suo moto information and documents held by the public authority concerned, as required under ‘Explanation to Section 4’ of the Act. 

The ‘Explanation to Section 4’ of the Act says that  every public authority shall disseminate the suo moto disclosures by all possible means including ‘inspection of offices of any public authority’. 

12. Deposit of expenditure. – The expenditure to be incurred for production of witness or documents before the State Information Commission shall be deposited before the Commission by the party at whose instance the witnesses or the documents are to be produced.

12. Deposit of expenditure before the Information Commission.– The expenditure to be incurred for production of witness or d