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The Manipur Information Commission (Management) Regulation 2008 >>

The Manipur Information Commission (Management)
Regulations, 2008

No.MIC\Estt-2\2008                                                         Imphal, the 31st December, 2008

In exercise of the powers conferred by section 15(4) of the Right to Information Act, 2005 (Act 22 of 2005) and all other provisions in the Act enabling in this behalf, the State Chief Information Commissioner, Manipur, hereby makes the following Regulations for management of the affairs of the Manipur Information Commission so as to enable it to function effectively.

Chapter-1: Short Title and Commencement:-

(i)         These Regulations may be called “the Manipur Information Commission (Management) Regulations, 2008.”

(ii)        They shall come into force with immediate effect.

(iii)      Appeals and Complaints which have already been filed before the date of Commencement of these Regulations and have been found in order and are already registered before this date will be proceeded with as before and shall not abate for any infirmity therein but these regulations will be applicable for any prospective action even in regard to such pending appeals and complaints

2. Definitions: - In these Regulations unless the context otherwise requires, -

(a)       “Act” means the Right to Information Act, 2005 (Act 22 of 2005);
(b)       “Appellant” includes a complainant.
(c)        “Commission” means the Manipur Information Commission;
(d)       “State Chief Information Commissioner” means the State Chief Information
               Commissioner appointed under the Act.

(e)       “SPIO” means an officer designated by a public authority under Section 5(1) of the Act and includes an Assistant SPIO/PIO so designated or notified               under Section 5(2) of the Act and it also includes —

             (i) an officer to whom an application submitted under the Right to Information Act seeking
              certain information is transferred under Section 5(4) of the Act; and

              (ii) any officer to whom the request for information from an applicant is submitted by
              the SPIO/PIO either for approval or for orders or for disposal; and

              (iii) the Head of the public authority in case no SPIO/PIO is appointed or notified;

(f) “Decision” includes an order, direction or determination of an issue.
(g) “First Appellate Authority” means an authority so appointed or notified by the public authority under the Act and includes a Head of the office or the Head of the public authority if no first Appellate Authority is appointed or notified.
(h) “State Information Commissioner” means a State Information Commissioner appointed under the Act and a “Designated Commissioner” means State Information Commissioner designated by the State Chief Information Commissioner to deal with appeals or complaints assigned to him by a general or special order.
(i) “Prescribed” means prescribed by or under the Act or under the Rules or Regulations.
(j) “Records” mean the aggregate of papers relating to an appeal or complaint including pleadings, rejoinders, comments, proceedings, documentary or oral evidence, decision, orders and all other documents filed with or annexed to an appeal or complaint or submitted subsequently in connection with such appeal or complaint.
(k) “Registry” means the Registry of the Commission comprising the Registrar(s), Deputy Registrar(s) or Assistant Registrar(s).
(l) “Registrar” means the Registrar of the Commission and unless the context otherwise requires includes a Deputy Registrar or an Assistant Registrar.
(m) “Regulation” means Regulation framed herein;
(n) “Representative” means a person duly authorized by or on behalf of any of the parties to the proceedings or interveners and may include a Legal Practitioner.
(o) “Respondent” includes an intervener or a third party or a party impleaded by the Commission.
(p) “Rules” mean the Rules framed by the State Government under Section 27 of the Act;
(r) “Section” means section of the Act;
(s) Words and expressions used herein but not defined shall have the meaning assigned to them in the Act or in the Rules.

                                                                    CHAPTER-II: Officers of the Commission and their functions

3.         Appointment of Registrar:- The Commission may designate one or more of its officers in the Commission to function as Registrar(s) of the Commission. It may also designate other officers of the Commission to act as Deputy Registrar(s) or Assistant Registrar(s) and provide other staff that may be necessary to assist the Registrars in the performance of their duties and responsibilities.

4.         Powers and functions of the Registrar:-

               (i) The Registrar shall be the Chief Executive of the Commission on the judicial side. Any communication addressed to him will be deemed to be                addressed to the Commission and the Commission will be represented by him in all judicial matters.
               (ii) The Registrar shall discharge his functions under the control and superintendence of the State Chief Information Commissioner.
               (iii) All records of the Commission shall be in the custody of the Registrar.
               (iv) The Official Seal of the Commission shall be kept in the custody of the Registrar.
               (v) Subject to any general or special directions of the State Chief Information
               Commissioner, the Official Seal of the Commission shall be affixed to any order, summons or other process under the authority of the Registrar.
               (vi) The Official Seal of the Commission shall not be affixed to any certified copy issued by the Commission save under the authority of the Registrar.
               (vii) The office of the Registrar shall receive all applications, appeals, counter statements, replies and other documents.
               (viii) The Registrar shall decide all questions arising out of the scrutiny of the appeals and complaints before these are registered.
               (ix) The Registrar may require any application, appeal, counter statement, replies presented to the Commission to be amended in accordance with                these Regulations and direct any formal amendment of such records.
               (x) The Registrar shall fix the date of hearing of appeal, complaint or other proceedings and may prepare and notify in advance a cause list in                respect of the cases listed for hearing.
               (xi) The Registrar will decide questions relating to extension of time in respect of filing of counter statement, reply, rejoinder, etc.
               (xii) The Registrar may, on payment of a fee prescribed for the purpose,
               grant leave to a party to the proceedings to inspect the record of the Commission under supervision and in presence of an officer of the Commission.
               (xiii) Copies of documents authenticated or certified shall be provided to the parties to the proceedings only under the authority of the Registrar.
               (xiv) The Registrar shall communicate the decisions, orders or directions of the Commission to the concerned person/persons, and all such                                communications signed or authenticated by the Registrar or under his authority shall be deemed to be the communication from the Commission.
               (xv) The Registrar shall be responsible for ensuring compliance of the orders, directions or decisions passed by the Commission and to take all                necessary steps in this regard.
               (xvi) The Registrar shall ensure that decency, decorum and order is maintained during hearing of an appeal, complaint or any other proceedings                maintained and shall take all necessary steps in this regard.
               (xviii) The Registrar shall exercise all such powers and discharge all such functions as are assigned to him by these Regulations or by the State Chief                Information Commissioner from time to time.
               (xix) The Registrar shall assist all Information Commissioners in discharge of their functions.
               (xx) The Registrar may with the approval of the State Chief Information Commissioner delegate to a Deputy Registrar or Assistant Registrar any                function required to be performed under these Regulations.

                                                                       Chapter III: Working Hours, sittings and vacations etc.

5.       Subject to any order by the State Chief Information Commission, the office of the Commission will be open on all working days from 9.30 AM to 5.00 PM during the summer and 9.30 AM to 4.30 PM during the Winter with a lunch break of an hour from 1.00 PM to 2.00 PM.

6.       The Commission may have summer vacation of 2 to 4 weeks during June-July and a winter vacation of two weeks during December-January, as notified by the State Chief Information Commission. The office of the Commission will, however, remain open during vacation except on gazettes holidays. The State Chief Information Commissioner may make appropriate arrangements to deal with matters of urgent nature during vacations.

                                                                CHAPTER – IV: Registration, Abatement or Return of Appeal.

7.         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 typed, printed or written neatly and legibly and in double line spacing and the language used therein shall be formal and civilized and should not be in any way indecent or abusive. The appeal, complaint or an application shall be presented in at least two sets in a paper-book form

   8.      Contents of appeal or complaint, Document to accompany appeal or complaint, Service of summon, personal appearance, procedure in deciding appeal\complaint and Order of the Commission: ---
        The procedure prescribed by the Manipur Information Commission (Appeal Procedure) Rules, 2006 will be followed.

9. Presentation and scrutiny of appeal or complaint:-
(i)    The Registrar shall receive any appeal or complaint petition addressed to the Commission and ensure that
               (a) the appeal or the complaint, as the case may be, is submitted in prescribed format;
               (b) that all its contents are duly verified by the appellant or the complainant, as the case may be;
               (c) that the appeal or the complaint is in accordance with the Regulations.
(ii)    The Registrar shall also ensure that the appeal or the complaint petition 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;
              (iv) Decision/reply etc. from the SPIO, 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 petition is duly verified and required number of copies is submitted;
               (b) That all the documents annexed are duly paginated and attested by the appellant or the complainant.
               (c) That the copies of the documents filed and submitted are clear, distinct and legible;
(iv)   That the Registrar will return any such appeal or the complaint if it does not meet the requirement or conform to the standard as set out above and           permit its resubmission in proper form.
(v)   The Registrar may reject any such appeal or complaint petition —
              (a) if it is time-barred; or
              (b) if it is otherwise inadmissible; or
              (c) if it is not in accordance with these Regulations.
Provided that no such appeal or complaint petition shall be rejected by the Registry unless the concerned appellant or the complainant is given an opportunity of being heard. The decision of the Registrar in regard to the issue of maintainability of an appeal or a complaint shall be final.
(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 endorse on every appeal or complaint the date on which it is presented.
(viii)    The appeals and complaints shall bear separate serial numbers so that they can be easily identified under separate heads.
(ix)       If any appeal or complaint is found to be defective and the defect noticed is formal in nature, the Registrar may allow the appellant or complainant to rectify the same in his presence or may allow two weeks time to rectify the defect. If the appeal or complaint has been received by post and found to be defective, the Registrar may communicate the defect(s) to the appellant or complainant and allow him two weeks time from the date of receipt of communication from the Registrar to rectify the defects.
(x)         If the appellant or complainant fails to rectify the defects within the time allowed in clause
(ix)       above, the appeal or complaint shall be deemed to have been withdrawn.
(xi)       An appeal or complaint which is not in order and is found to be defective or is not as per prescribed format is liable to be rejected. Provided that the Registrar may, at his discretion, allow an appellant or complainant to file a fresh appeal or complaint in proper form.

10.       Filing of Counter Statement by the State Public Information Officer or the First Appellate Authority:- After receipt of a copy of the appeal or complaint, the State Public Information Officer or the First Appellate Authority or the Public Authority shall file counter statement along with documents, if any, pertaining to the case. A copy of the counter statement(s) so filed shall be served to the appellant or complainant by the SPIO, the First Appellate Authority or the Public Authority, as the case may be.

11.       Posting of appeal or complaint before the Information Commissioner:-
(i)         An appeal or a complaint, or a class or categories of appeals or complaints, shall be heard either by a Single Information Commissioner or a Division Bench of two Information Commissioners, as decided by the 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 proceeding before a Single Information Commissioner, the Commissioner considers that the matter should be dealt with by Division, he shall refer the matter to the Chief Information Commissioner who may thereupon constitute such a Bench for the hearing and disposal of the matter.

12.       Amendment or withdrawal of an Appeal or Complaint:
The Commission may in its discretion allow a prayer for any amendment or withdrawal of an appeal or complaint during the course of its hearing if such a prayer is made by the appellant or complainant on an application made in writing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission.
13.       Date of hearing to be notified: - The Commission shall notify the parties the date and place of hearing of the appeal or complaint in such manner as the State Chief Information Commissioner may by general or special order direct.
14.       Adjournment of Hearing: - The appellant or the complainant or any of the respondents may, for just and sufficient reasons make an application for adjournment of the hearing. The Commission may consider the said application and pass such orders as it deems fit.
15.       Issue of summons
Summons to the parties or to the witnesses for appearance or for production of documents or records or things shall be issued by the Registrar under the authority of the Commission, and it shall be in such form as may be prescribed by the Commission.

16.       Conduct of an enquiry
The Commission may entrust an enquiry in connection with any appeal or complaint pending before it to the Registrar or any other officer for the purpose and the Registrar or such other officer while conducting the enquiry shall have all the necessary powers including power to —

  1. summon and enforce attendance of persons;
  2. compel production of documents or things;
  3. administer oath and to take oral evidence or to receive affidavits or written evidence on solemn affirmation;
  4. inspect documents and require discovery of documents; and
  5. requisition any public record or documents from any public authority.
17.       Award of costs by the Commission:
The Commission may award such costs or compensation to the parties as it deems fit having regard to the facts and circumstances of the case.

18.       Communication of decisions and Orders:-
(i)        Every decision or order of the Commission shall be signed and dated by the Commissioner or Commissioners who have heard the appeal or the complaint or have decided the matter.

(ii)       Every decision/order of the Commission may either be pronounced in one of the sittings of the Commission, or may be placed on its web site, or may be communicated to the parties under authentication by the Registrar or any other officer authorized by the Commission in this regard.

(iii)     Every such decision or order, whenever pronounced by a Single Information Commissioner or by a Division Bench shall be deemed to be the decision or order by the Commission under the Act..

19.       Finality of Decision:
            A decision or an order once pronounced by the Commission shall be final
20.       Abatement of an Appeal/Complaint:
The proceedings pending before the Commission shall abate on the death of the appellant or complainant.

                                                                                             CHAPTER-V:           MISCELLANEOUS

21.       Seal and Emblem: - The Official Seal and Emblem of the Commission shall be such as the Commission may specify.

22.       Language of the Commission:-

(i)          An appeal or a complaint may be filed in English or in Manipuri and all the documents or copies thereof shall also be filed in English or in Manipuri.              Where a document, in original, is in a language other than English or in Manipuri, a certified authenticated copy of its translated version in English shall              also be filed along with the original. This shall also apply in the case of a counter statement, rejoinder, reply or any other document or documents filed              before the Commission.
(ii)        The proceedings of the Commission shall be conducted in English or in Manipuri.

                                                                                                                                                                                   R.K.Angousana Singh
                                                                                                                                                           State Chief Information Commissioner, Manipur

                                        Copy to -----
                                                            1. The Secretary to the Governor of Manipur,Imphal
                                                            2. The Chief Secretary, Government Of Manipur,Imphal
                                                            3. The State Information Commissioner,Manipur,Imphal ;
                                                            4. The Secretary (DP&AR)Government of Manipur,Imphal
                                                            5. The Director, Government Press, Manipur, Imphal for publication in the extra-ordinary Gazette.
                                                            6. The Registrar, Manipur Information Commission, Imphal


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