Regulations Promulgated Under The Right To Information Act, No. 12 Of 2016
颁布于 2017-02-03 · 文本截至 2026-10-01
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- access-to-information, governance, institution, legal proceedings/administrative proceedings
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01. Every Public Authority should display publicly in its office the following notice in Sinhala and Tamil Languages. Notice In accordance with the Right to Information Act, No. 12 of 2016 Requests for Information should be made to the following Information Officer by completing and handing over a request preferably in the manner prescribed in the Form RTI 01 although this is not mandatory. Information Officer, Mr./Ms. (Name) :………………………………… Designation :……………….. Address :……………………… ContactNumber :………… Email : ……….
01. Upon making the request for information either in verbal or written form obtain the written acknowledgment from the Information Officer.
02. The decision whether to grant the information or not shall be given as expeditiously as possible and in any case within 14 days.
03. If a decision is made to provide the information, the information officer will inform the citizen making the request that the information will be provided on the payment of a fee in accordance with the Fee Schedule prescribed by the Right to Information Commission. If the information is subject to payment of fee, the information shall be provided within 14 days of the payment. Information will be provided within 14 days of the decision if there is no requirement to pay a fee.
04. If, after payment of fees the information cannot be provided within 14 days, the person making the request will be informed that there will be a further extension period – up to a maximum of 21 days – to provide the information and given reasons for the extension.
05. When the request relates to the life and personal liberty of a citizen the information officer shall provide a response to the request within 48 hours.
06. An appeal may be made in situations where, i. The Information Officer refuses a request made for information ii. The Information Officer refuses access to the information on the ground that such information is exempted from being granted under Section 5 iii. Non -compliance with time frames specified in the Act iv. The Information Officer granted incomplete, misleading or false information v. The Information Officer charged excessive fees vi. The Information Officer refused to provide information in the form requested vii. The citizen making the request had reasonable grounds to believe that information has been deformed, destroyed or misplaced to prevent him/her from having access to the information An appeal to the Designated Officer is to be made within 14 days. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 3A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Designated Officer, Mr./Ms. (Name) : …………………… Designation : ……………….. Address : ……………….. Contact Number : ………….. Email : ……..
07. When making an appeal as mentioned in s.6 of this notice, complete and hand over Form RTI 10, to the Designated Officer. The RTI 10 Form is not compulsory. A citizen making a request can make the appeal by a letter with the basic information indicated in RTI 10 justifying the appeal. Regulation No. 04
01. At the onset, requests for information should be made to the Information Officers either through a letter or email giving details necessary to identify the requested information or through filling in and handing over Form RTI 01 to the Information Officer of any Public Authority. Information Officers should render all the necessary assistance, free of charge to the citizens making the requests to formulate their requests. Where a citizen seeks to submit a request for information in any manner, the Information Officer shall provide reasonable assistance to fill out the request in the format of Form RTI 01.
02. Form RTI 01 should be issued free of charge to the citizen, including by being available for electronic download.
03. If a request for information is made in verbal form by a citizen, then the Information Officer will write down the request by filling in Form RTI 01, read it to the citizen making the request and obtain the signature or thumbprint of the citizen. Once completed, a signed, dated copy of the transcribed request will be provided to the citizen making the request.
04. If the citizen makes the request for information through an email or fax, the Information Officer will fill in Form RTI 01 and attach a copy of the said email/ fax to such Form.
05. If there is any mistake or discrepancy in how the request has been made, the Information Officer should immediately communicate such to the citizen making the request and make the necessary corrections.
06. If the request relates to information which the Information Officer is aware is held by another Public Authority, the Information Officer shall duly in written format transfer the request to the concerned Public Authority and inform the citizen making the request accordingly within 7 days form the date of receipt of the request.
07. A Public Authority shall not be required to collect information to respond to a request but it shall not refuse a request on the ground that it does not hold the information where, with a reasonable effort the information may be produced from records held by the Public Authority, using the resources which is normally available to the Public Authority, or again with a reasonable effort, the information may be compiled from different records held by the Public Authority.
08. If the information requested is available in more than one language, the information officer shall provide the information in the language requested by the citizen making the request.
09. If the Information Officer is able to provide the requested information forthwith to the satisfaction of the citizen making the request, he shall provide the information accordingly and maintain a record of the information sought and the response provide in the format prescribed in RTI 03. Regulation No. 05 Once a request for information is received from the citizen, the Information Officer shall in accordance with Section 24 (3) of the Act issue immediately a written acknowledgment to the citizen making the request in the manner prescribed by RTI 02, and provided to the citizen making the request in the same manner in which he or she filed the request or, if that is not practical, in any other reasonable, practical manner. 4A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Regulation No. 06 Once an application for information is received it shall be registered in the format provided in RTI 03 and provided with a registration number. Regulation No. 07 If a decision is made to provide the information requested the Information Officer shall immediately and in any case within 14 days send a letter using the format provided in the RTI 04 Form to the citizen making the request. Where a citizen making the request pays a fee to receive information, in accordance with RTI 04, the Information Officer shall provide the citizen making the request with a receipt against that fee. Regulation No. 08 Where the Public Authority does hold the information but this information is already publicly available, the Information Officer shall, forthwith and in any case within 14 working days, inform the citizen making the request of this fact, indicating precisely where the information may be found (for example, the URL or physical location of the information), notifying the citizen making the request using Form RTI 05. Regulation No. 09 If the information request is rejected by the Information Officer, then he/she should send a letter using the format provided in the RTI 05 Form to the citizen making the requestin accordance with Section 25 (1) of the Act. The exactclause in Section 5 which is being relied upon to reject the request should be mentioned and detailed reasons for rejecting the request should be given. Regulation No. 10 If a decision is made to provide the information and RTI 04 has been sent, but the information cannot be provided within the 14 days mentioned, the Information Officer shall according to Section 25 (2) send letter using the format provided in the RTI 06 Form within the 14 days to the citizen making the request stating that the time period to provide the information has been extended to a period lasting not more than 21 days. Regulation No. 11 If the information requested relates to confidential information that was provided by a Third Party,the Information Officer will under Section 29 (1) write to the Third Party using the format provided in RTI 07 and obtain such Third Party’s authority to provide or deny the information. Regulation No. 12 Where information is to be severed, this shall be done in the appropriate manner depending on how the information is being provided (such as blacking out for information which is photocopied or scanned, or removing electronically for information which is provided in that way), but severing may be done, indicating to the citizen making the request what part of the information has been and the exemptions under the RTI Act that have been invoked for this purpose. Regulation No. 13 Appeals under Section 31 (1) or Section 25 (7) of the Act are free and once an Appeal has been received every Designated Officer should under Section 31 (2) of the Act within 3 working days provide a receipt on the acceptance of such Appeal in the manner prescribed by RTI 08. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 5A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Regulation No.14 When an appeal is made under Section 25 (7) and Section 31 (1) of the Act, every Designated Officer should record the Appeal in the manner provided in RTI 09 and duly complete the steps taken in response. Regulation No.15 If the Information Officer commits any of the grounds of appeal mentioned in Section 31 (1) and/or Section 25(7) of the Act, the citizen making the request may Appeal within 14 days of becoming aware of the ground of appeal to the Designated Officer by filling a Form using the format provided in RTI 10. The Designated Officer may accept an Appeal after the expiry of the fourteen days if he/she is satisfied that there was reasonable cause for the delay. Regulation No. 16 Once a decision to reject an information request under Section 25 (1) is made and letter using the format provided in RTI 05 is sent to the citizen making the request, the Information Officer is required to keep a record of the details as provided by RTI 11 regarding the decision to reject. Regulation No. 17
01. Fees for Providing the Information, Keeping accounts, Public Authority, In accordance with the Act, any citizen making the request who pays fees for accessing information shall be given a receipt. The fees collected to provide information shall be recorded in a ledger in the format below. Registration Number and the Date of Request :…………… Name & Address of Citizen making the Request :…………… Fees paid: Rs :…………… Receipt No. & Date :……………
02. In the case of government, and semi- government institutions fees collected shall be credited as miscellaneous income in the accounts ledger.
03. When fees are reimbursed according to Section 15 (g), they should be debited from the miscellaneous expenditure in the accounts ledger. Regulation No. 18 The details of every Information Officer and Designated Officer appointed by a Public Authority under Section 23 of the Act should be reported to the Ministry of Mass Media and maintained in a separate register at the Ministry in the format prescribed by RTI 12. The information has to be provided to the Ministry of Mass Media. The details have to be filled in every time there is a change of above mentioned officers. This applies only to State Sector Public Authorities. Regulation No. 19 Use and Reuse of information
01. Any information disclosed by a Public Authority under this Act is subject to a royalty-free, perpetual, non- exclusive licence to reuse the information., 6A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017
02. For purposes of clause 01, reuse includes copying, publishing, translating, adapting, distributing or otherwise using in any medium, mode or format for any lawful purpose. Regulation No.20 Proactive Disclosure of information
01. In accordance with the power to direct a Public Authority to provide information in a particular form under Section 15(d) of the Act and in keeping with the overriding principle of Proactive Disclosure,all Public Authorities shall routinely disseminate, at a minimum, the following key Information including through a digital or electronic format; i. Institutional information: legal basis of the institution, internal regulations, functions and powers. ii. Organizational information: Organizational structure including information on personnel, and the names and contact information of executive grade public official their remunerations, emoluments and allowances. iii. Operational information: strategy and plans, policies, activities, procedures, reports and evaluations including the facts and other documents and data being used as a basis for formulating them. iv. Decisions and acts: Decisions and formal acts, particularly those that directly affect the public including the data and documents used as the basis for these decisions and acts. v. Public services information: Descriptions of services offered to the public, guidance, booklets and leaflets, copies of forms, information on fees and deadlines. vi. Budget information: Projected budget, actual income and expenditure (including salary scales pertaining to the emoluments and related allowances of officers and employees of executive rank and above,) and other financial information and audit reports. vii. Open meetings information: Information on meetings, including which are open to the public and how to attend these meetings. viii. Decision making & public participation: Information on decision making procedures including mechanisms for consultations and public participation in decision making. ix. Information on subsidies: Information on the beneficiaries of subsidies, the objective, amounts, and implementation. x. Public procurement information: Detailed information on public procurement processes, criteria and outcomes of decision making on tender applications; copies of contracts, and reports on completion of contracts. xi. Lists, registers, databases: Information on the lists, registers, and databases held by the public body. Information about whether these lists, registers, and databases are available online and/ or for onsite access by members of the public. xii. Information about information held: An index or register of documents/ information held including details of information held in databases. xiii. Information on publications: Information on publications issued, including whether publications are fee of charge or the price if they must be purchased. xiv. Information about the right to information: Information on the right of access to information and how to request information, including contact information for the responsible person in each public body. xv. Disclosed information: Information which has been disclosed pursuant to a request and which is likely to be of interest to others. xvi. The above information shall include all relevant facts taken into consideration while formulating important policies or announcing decisions which affect the public.
02. In addition to the categories listed in clause 01, Public Authorities shall endeavour to include in their Section 8 reports such information as may be of interest to the public, among other things so as to limit the need for members of the public to resort to the use of this Act to obtain that information. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 7A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017
03. All Public Authorities shall periodically update the information referred to above.
04. Any citizen may, if he/she finds, upon inspection of the information provided by Public Authorities in terms of Sections 7, 8, 9 and 10 of the Act and pursuant to the duty of Proactive Disclosure contained in this Regulation, that the information is improper and/or false and/or has not been updated, complain to the Head or the CEO of the relevant Public Authority. If the Head or the CEO of the Public Authority fails to rectify the same, the citizen may make an application to the Commission within three months of the said disclosure for rectification of the said improper/ false/outdated information for reasons stated.
05. If upon inquiry into the reasons stated, the Commission finds merit in the complaint, the Commission shall call upon the said Public Authority to rectify the same and report to the Commission within one month of the said order of the Commission.
06. Details of the inquiry and follow-up action (if any) shall be included in the report of the activities of the Commission required to be prepared and thereafter to be tabled before Parliament and sent to the President in terms of Section 37 of the Act. Regulation No. 21 Information Officers
01. Information officers for Public Authorities shall be individuals who are responsible officers in the opinion of the Head or Chief Executive Officer of the Public Authority.
02. The appointment of information officers shall be done through a formal, written notice which shall, in addition to indicating the position, include a set of Terms of Reference for the position, based on the duties to be assigned to such officers under the Act, including but not limited to the following: a) processing requests in accordance with the Act and any subordinate regulations, including by developing a set of internal procedures for this; b) ensuring that the Public Authority meets its proactive publication obligations, as set out in Sections 8-10 of the Act; c) ensuring full and prompt collaboration with the Commission in the processing of any complaints relating to the Public Authority; d) ensuring that the Public Authority maintains its records well, in accordance with the requirements of Section7 of the Act; e) ensuring that the Public Authority publishes its annual reports, in accordance with the requirements of Section10 of the Act; and f) developing an Action Plan in regard to the steps that the Public Authority will take to meet its obligations under the Act, including in regard to ensuring proactive disclosure of information as mandated under these Regulations.
03. In the absence from duty of an Information Officer, the Head or Chief Executive Officer of the Public Authority shall make suitable arrangements to carry out the duties of the Information Officer.
04. Individuals serving as Information Officers shall give priority to their Right to Information related duties overtheir other duties.
05. Public Authorities shall ensure that Information Officers are allocated appropriate time and other forms of support as they need to undertake the duties in their Terms of Reference properly.
06. Public Authorities shall, within one year of the Act coming into effect, ensure that their Information Officer(s) have received appropriate training on how to apply the Act. 8A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Regulation No. 22 The Forms specified in these Regulations, with such variations as the circumstances of any case may require, shall be used for the respective purposes therein mentioned. Definitions:
01. ‘Act’ in these Regulations refers to the Right to Information Act, No. 12 of 2016
02. ‘Commission’ in these Regulations refers to the Right to Information Commission established under Section 11 of the Right to Information Act, No. 12 of 2016
03. ‘Information Officer’ refers to the Information Officer appointed under Section 23 of the Act
04. ‘Designated Officer’ refers to the Designated Officer referred to in Section 23 of the Act
05. ‘Minister’ refers to the Minister in charge of the subject of Mass Media
06. ‘Public Authority’ refers to the Public Authorities defined in Section 43 of the Act. RTI 01 Note that completion of this Form is not a compulsory requirement to make a request for information and that any written letter, e-mail or a verbal request with the essential information to identify the requested information is sufficient. Application to receive Information Information Officer,
01. Name of Requestor :………………………………………………..
02. Address :…………………………….
03. Contact No. (if any) :………………………….
04. Email Address (if any) :………………..
05. Details about Information requested - I. Specific Public Authority :………………………………. II. Information requested :…………………………………………………………………………………..... …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… III. Specific period information is requested (if applicable) :………………
06. Manner in which information is requested– i. inspect relevant work, documents, records ii. take notes, extracts or certified copies of documents or records iii. take certified samples of material I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 9A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 iv. obtain information in the form of CD/DVD/storage media/tapes/video cassettes/ any other electronic mode/ printouts where such information is stored in a computer or in any other device.
07. Language in which requestor prefers access :……………………….
08. Does the information request concern the life and personal liberty of a citizen? (Yes/No)
09. If Yes, give reason for belief :………………………………………………………………………………….... ……………………………………………………………………………………………………………………………………………………
09. Any other details :………………………………………………….
10. Relevant documents attached (If any) I. …………………………… II. ……………………………. III. …………………………….
11. Is the requestor a citizen of Sri Lanka? (Yes/No) Date :……………… Signature :……………… RTI 02 Acknowledgment Mr./Ms. ……………………………………….. Registration Number: …… Date Request Received : ……… This is to inform you under Section 24 (3) of the Right to Information Act, No 12 of 2016 that we have received your information request dated ………………requesting the following information ……………………. We will inform you of our decision on your request within 14 days. For further details, please contact the following officer during working hours. Please mention the Registration Number provided regarding your request when contacting. Information Officer’s Name : ………. Designation: ………… Date : ………….. Office : ………… Contact Number : ……………….. Email : ……………………. 10A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 03 Register of Information Requests Reg. No. Application Name and Contact Type of Manner in Date of Date of Fee Date RTI Form Date Address No. Information which Receipt Decision Information 05 date if of (in brief) information letter Letter Provided information Requestor is is denied requested under s. 27 (3) of the Act RTI 04 Decision to Provide Information Registration Number of the Request :...... Date Request Received : ……… Name of the public authority :….
01. This is to inform you that in accordance with Section 25 (1) of the Act we have decided to provide you with the information/part of the information requested by you through application dated ………. with the registration number of ……………...(In case if the decision is to provide only part of the information, the information should clarify the reasons in detail and under which clause/s of the Section 5 the exception was made.)
02. We have decided to withhold the following parts of the requested information because they are considered as exempted information under the Section 5 (…..)of the RTI Act due to the detailed reasons given below:………………………………………………………………………..
03. In order to provide the information please pay the necessary fee of Rs…………… by cash, bank draft or pay order or postal order or postage stamps to our office.
04. We will provide you with the information within 14 days of payment of the required fee. We will also inform you within the same period(with reasons) if there is any extension needed to the time period in which to provide the information.
05. If you have not satisfied with the time frame mention in the Section 04 you may submit and appeal to the designated officer within two weeks by RTI 10 form. Name and address of the designated officer is given bellow. Designated Officer- Name : …….. Designation : …………. Address : …………. Contact details :…………………. Yours, Faithfully, ..………………….. Information Officer (signed) Name & Designation Date :................. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 11A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 05 Rejection of Information Request Registration Number:…………….. Date Request Received: ……… Public Authority: …………………. This is to inform you that we have decided to reject your request for information dated ……….with Registration Number……………….as it is exempted information covered by Section 5………..of the Act/ the information is already published/ or is not in our possession, custody, or control. In case the information is already published, you can find it here: ……………………………………… Reasons for justifying the decision to rely upon on the above mention clause/s: I. ...................................................................................................................................................................... ...................................................................................................................................................................... II. ...................................................................................................................................................................... ...................................................................................................................................................................... (add more space or additional pages as needed) You may under Section 31 (1) or Section 25 (7) of the Act, prefer an Appeal against this decision, or on the grounds that there has been non-compliance with time frames specified in the Act,to the following officer within 14 days.You may, for this purpose, use Form RTI 10, although this is not mandatory as long as you provide the information contained in that Form. Designated Officer- Name: …….. Designation:…………. Address: …………. Email: …………………. Yours, Faithfully, ………………….. Information Officer (signed) Name & Designation Date:- 12A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 06 Mr. /Ms. …………………. Registration Number : ………….. Date Request Received : .……… Public Authority :………………… Extension of time period to provide information This is with regard to RTI 04 dated …………… which we have sent to you. Even though we decided to provide the information requested by you through application dated……………………… with Registration Number………………………………we regret that we cannot provide the information within the 14 days stipulated in our initial decision letter due to the reasons given below. We are therefore extending the time period to provide the information till the …………………..…………………..(date expected). Reason/s for the extension:- ………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… If you are dissatisfied with the extension you may appeal to the following Officer within 14 days. Designated Officer- Name: …….. Designation:…………. Address: …………. Yours, Faithfully, ………………….. Information Officer (signed) Name & Designation Contact details (telephone and email) I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 13A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 07 Mr./Ms………………………………….. Registration Number:……… Date Request Received : ……… Public Authority:………………….. In accordance with the Right to Information Act, No. 12 of 2016 We have received a request dated………….. for information/part of the information that concerns confidential information that was provided to us by you on the …………………….. (date information provided). Requested Information ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………….. Please let us know within 7 days in writing whether or not you agree to providing the information/part of the information requested. Please clearly indicate which part of the information you wish us to withhold if you agree to disclose only a part of the information requested along with a detailed explanation as to why such information should not be disclosed. If we are not informed of your decision within 7 days then under Section 29 (2) of the Act we will provide the information requested. Please note that irrespective of your objections to disclosure of all or a part of the information sought the RTI Commission may direct us eventually to release the requested information if it decides that the release of the information demonstrably outweighs the private interest in non-disclosure, on the basis of an appeal made by the information requester. ……………………… (Signed.) Information Officer Name & Designation Contact Number : ……………….. E-mail : ……………………. 14A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 08 Mr. / Ms. …………………………. Appeal No : …………………. Date Request Received : ……… Public Authority :………………… In accordance with the Right to Information Act, No. 12 of 2016 We write to inform you of the acceptance of your Appeal. We have received your appeal under Section 31 (1) of the Act against the decision of the Information Officer regarding your request for information with Reg. No……………….. Your Appeal has been registered as Appeal No. …………..dated……………….and instructions have been given for necessary action to be taken. In this respect, we draw your attention to Section 31 (3) of the Act which states that a decision on an appeal is to be taken within 3 weeks of its receipt. I will inform you the time and date to meet me in case if your presence is deemed necessary for the inquiry. Hereinafter, when contacting us regarding this Appeal or to provide more details please mention the Appeal No. provided above. Yours, Faithfully, (signed.) Designation Officer (Name & Designation) Contact Number : ……………….. Email : ……………………. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 15A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 RTI 09 In accordance with the Right to Information Act No. 12 of 2016 Register of Appeals Appeal No. Date of Name and Telephone Date of Reg. No. of Reasons Date of Letter Appeal Address of No. Acceptance First Appeal Providing Person of Appeal Reasons making Appeal RTI 10 Appeal to the Designated Officer Designated Officer, ……………………………………………………… …………………………………………………………… Public Authority:………………….. Appeal Form
01. Name of Person Appealing : …………………………………
02. Address : ……………………..
03. Contact Number (if any) : ……………………………
04. Email Address (if any) : …………………………………
05. Date request made to Information Officer and Registration Number : ………………………………………
06. Did you receive a reply from the Information Officer ? Yes/No : ……………………………. (if Yes and you have a copy, please attach; otherwise provide details of reply)
07. Grounds for Appeal: i. The Information Officer refuses a request made for information ii. The Information Officer refuses access to the information on the ground that such information is exempted from being granted under Section 5 iii. Non -compliance with time frames specified in the Act iv. The Information Officer granted incomplete, misleading or false information v. The Information Officer charged excessive fees 16A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (vi) The Information Officer refused to provide information in the form requested (vii) The requestor has reasonable grounds to believe that information has been deformed, destroyed or misplaced to prevent the requestor from having access to the information Details: …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………
08. Brief description of information requested : ………………………..
09. If Appeal has not been submitted within the specified time period, cause of delay [s. 31(5)] :
10. Any other details : ……………………… Date : …………………………………………. Signature: RTI 11 Register of Rejection of Requests Reg. No. Name & Date of RTI 05 Decision by Rejection date Decision by RTI Action and Address of Designated and action Commission date Applicant Officer taken upon 2nd Appeal RTI 12 Details of the Information Officers Name of Department Name of Information Designation Official Address Telephone No. & Office Officer/ Designated Officer ……………………………………… Head of Institution (Name of Officer) Seal :......................... 02 - 728/1 I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 17A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Right to Information Commission Rules of 2017 Rules (2017) The Right to Information Commission in exercise of the power conferred upon it by Section 42 of the Act prescribes the following rules:
1. Short Title and Commencement: (1) These Rules may be called "Right to Information Rules of 2017 (Fees and Appeal Procedure)". (2) These Rules shall come into force on February 3, 2017.
2. Definitions: Unless the subject or context otherwise requires, in these Rules- (a) "Act" means Right to Information Act No.12 of 2016. (b) "Commission", "Information Officer", Designated Officer", and "Public Authority" will have the same meaning as defined in the Act. (c) "Appellant" means and includes any citizen who Appeals to the Right to Information Commission under Section 32 of the Act. (d) "Material" means information provided in response to a Right to Information request or an Appeal. (e) all other words or expressions used herein and not defined in these Rules shall have the same meanings assigned to them in the Act. Fees
3. Application Fees: (1) No Public Authority shall charge any fee to provide a Right to Information Application Form to a citizen making an information request. (2) No Public Authority shall charge any fee to process a Right to Information request.
4. Fees for Information: Unless otherwise prescribed, the following Fees may be charged by a Public Authority for provision of information in response to a RTI request: (i) Photocopying: (a) Rs. 2/- (one side) and 4/- (both sides) of one paper, for the information provided on A4 (21 cm x 29.7 cm) and smaller size paper (b) Rs. 4/- (one side) and 8/- (both sides) of one paper for the information provided on paper that is Legal size (21.59 cm x 35.56 cm) and upto A3 (29.7 cm x 42 cm) (c) Information provided on paper bigger than those mentioned above will be at actual cost. (ii) Printout (a) Rs. 4/- (one side) and 8/- (both sides) of one paper, for the information provided on A4 (21 cm x 29.7 cm) and smaller size paper (b) Rs. 5/- (one side) and 10/- (both sides) of one paper for the information provided on paper that is Legal size (21.59 cm x 35.56 cm) and upto A3 (29.7 cm x 42 cm) (c) Information printed on paper bigger than those mentioned above will be at actual cost. (iii) Rs. 20/- for copying information onto a Diskette, Compact Disc, USB mass drive, or similar electronic device, provided by the citizen making the request. (iv) Actual cost for copying information onto a Diskette, Compact Disc, USB mass drive, or similar electronic device provided by the Public Authority. 18A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (v) Rs. 50/- per hour for the study or inspection of any document or material, or inspection of a construction site, if this takes longer than one hour, with the first hour of study/inspection being provided free of charge. This shall be without prejudice to the practice of public authorities which previously provided such inspection free of charge and which practice shall continue notwithstanding this sub-rule. (vi) Samples or models will be charged the actual cost. (vii) Information provided via e-mail will be free of charge.
5. Where there exists a previous Fee Schedule prescribed or issued by Public Authorities by way of circulars or regulations, that Fee Schedule shall continue to operate notwithstanding the Fees prescribed in Rule 4. Provided that any dispute in regard to claims relating to existing Fee Schedules may be the subject of an Appeal to be determined by the Commission in accordance with these Rules on Fees and Appeals.
6. Information provided free of charge: (1) Notwithstanding anything contained in Rule 4 above, the Public Authority shall provide information prepared or contained on four pages (A4 size) of photocopies or printing, free of cost. (2) Information that is ordinarily available free of charge shall continue to be provided free of charge.
7. Mode of Payment of Fee: (1) Notwithstanding anything contained elsewhere in these Rules, the Public Authority may collect the Fees for information in the following manner: (i) in cash paid to the Information Officer; (ii) Bank Draft addressed to the Accounts Officer of the Public Authority; (iii) post office payment slip or a postal order made payable to the Accounts Officer of the Public Authority. (2) The Information Officer shall issue a receipt against payment of a fee regardless of the manner in which it is paid.
8. Access to Information: (1) For larger volume requests, the information officer shall inform the citizen making the request prior to providing access to the information about the various formats through which access may be obtained and their associated costs, as well of the possibility of taking notes, copying extracts, including at the discretion of the Public Authority, the possibility of photographing the material with a phone or hand held camera. (2) Excepting the situations mentioned in Rules 5, and 6, the prescribed fee should be paid in full before access to the material is given to the citizen making the request.
9. Proactive Disclosure: (1) The Reports submitted by the Ministers pursuant to Section 8 of the Act and Public Authorities pursuant to Section 10 of the Act shall be publicly available for inspection free of charge and for free downloading from a website, and copies, including electronic copies, provided to a citizen making the information request in accordance with the Fees prescribed in the above Rules. (2) A Minister who is implementing a project should pursuant to Section 9 of the Act make publicly available all material relating to the project. Such material, shall be publicly available for inspection free of charge and for free downloading from a website, and copies provided to the citizen making the request in accordance with the Fees prescribed in the above Rules.
10. Appeals regarding Fees: (1) If the citizen making the request is of the opinion that the Fee charged by the Information Officer is in excess to the amount properly required he/she may appeal to the Designated Officer within fourteen days of being informed by the Information Officer of the fee payable as per Section 31 of the Act using the format prescribed in the RTI regulations. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 19A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (2) If the citizen making the request is not satisfied with the decision of the Designated Officer, he/she may within two months of the decision appeal to the Commission following the Appeal procedure prescribed in Section 32 of the Act and relevant Rules thereto. (3) The making of an appeal to the Designated Officer and/ or Commission does not require the payment of a fee. Appeal forms are to be issued free of charge.
11. Exemption of Fee Charge upon Successful Appeal: If a citizen making an information request is successful in an Appeal either to the Designated Officer or the Commission, the information requested by the citizen making the request should be provided free of charge.
12. Reimbursement of Fees: The Commission may, in accordance with Section 15 (g) of the Act, direct a Public Authority to reimburse any Fees charged to a citizen making a request where any information is not provided within the time period specified in the Act. Form and Manner of Appeals to the Commission
13. Appeal to the Commission: (1) Any Appellant who is aggrieved with the decision of the Designated Officer, or by a failure to obtain a decision from that officer within the prescribed time limit set out in the Act, may appeal to the Commission by furnishing the information required in the sample Form annexed to these Rules (Annexure 1). (2) The Appeal shall be lodged in the office of the Commission, and can be delivered in person or through registered post. (3) An Appeal in accordance with sub-rule (1) shall normally be required to be made within two months of the grounds for the Appeal, as specified in that sub-rule, having arisen. (4) Such Appeal shall be accompanied by the following documents duly verified as true copies by the Appellant; (i) A copy of the request for information submitted under Section 24 of the Act (ii) A copy of the reply, if any, received from the Information Officer (iii) A copy of the appeal made to the Designated Officer under Section 31 of the Act (iv) A copy of the order, if any, received by the Designated Officer (v) Copies of other documents relied upon by the Appellant and referred to in his or her appeal along with an index of the documents referred to in the Appeal (5) An Appeal must be filed by the Appellant in duplicate. (6) The Commission may not ordinarily admit an Appeal unless the conditions set out in sub-rules (1 – 5) have been met. (7) The Commission may, admit the appeal after the two-month period specified in sub-rule (3)where the Appellant was prevented by a reason beyond his or her control from filing the appeal in time.
14. Making of the Appeal: Where the aggrieved party is unable due to any reason to make an appeal under Section 32 of the Act, as the case may be, such Appeal may be made by a person duly authorized in writing by the aggrieved party to prefer the same.
15. No Dismissal on Technical Grounds: (1) Notwithstanding anything to the contrary above, any writing complying with the requirements of Rule 13 addressed to the Commission and signed by an Appellant containing the information set out in the sample Form annexed to these Rules (Annexure 1) shall constitute a valid Appeal. 20A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (2) No receipt of an Appeal shall be dismissed purely on technical grounds.
16. Receipt of an Appeal: (1) Upon the receipt of an Appeal, the Commission shall forthwith issue an acknowledgement in writing thereof to the Appellant, indicating the Appeal Number assigned to such Appeal. (2) There shall be a Register of Appeals maintained by the Right to Information Commission in the Form annexed to these Rules (Annexure 2) where such Appeals shall be entered in the chronological order in which they are received.
17. Return of Appeal: (1) An appeal to the Commission may be returned to the Appellant if the Appeal fails to provide the requisite information or is otherwise substantially deficient. The Commission shall specify the deficiency(ies) and the date by which the Appellant can submit the amended appeal. (2) The return of an Appeal for specified deficiencies in terms of sub-rule (1) shall be effected as expeditiously as possible, through hand delivery, registered post with acknowledgement due or service by electronic mail where the electronic address is available with acknowledgement due. (3) All such Appeals categorised as deficient shall be given a number and listed by Appeal Number as Deficient Appeals maintained by the Commission in the Register of Deficient Appeals according to the Format annexed to these Rules (Annexure 3), where such Deficient Appeals shall be entered in the chronological order in which they are received. Provided that the above said entry of a Deficient Appeal may be cancelled upon the said deficiencies being cured by the Appellant in accordance with this Rule at which point, the Appeal will be transferred to the above stated Register of Appeals.
18. Initial Assessment: (1) On receipt of an Appeal, if the Commission is not satisfied that it is a fit case to proceed with, the Commission may thereupon call upon the Appellant and/ or the Public Authority and/or other relevant parties to show cause within seven days of the receipt of the Appeal as to why the Appeal should not be dismissed through the Notice annexed to these Rules (Annexures 4 & 5).After the expiration of the said period of seven days, the Commission shall make an appropriate order recording its reasons Provided that no Appeal shall be dismissed only on the ground that it has not been made in the specified format. (2) The Commission may not ordinarily consider an Appeal unless it is satisfied that the Appellant has filed an appeal before the Designated Officer and: (i) the Designated Officer or any other had made a final order on the Appeal; or (ii) no final order has been made by the Designated Officer on the Appeal, and a period of 3 weeks from the date on which such Appeal was preferred has elapsed. (3) Where the Commission is satisfied, upon proceeding to act under sub-rule (1) above,that it is a fit case to proceed with, the Commission may decide to hear the Appeal by either a Documentary Proceeding or an In- person hearing in accordance with Rule 19 or Rule 20 of these Rules.
19. Documentary Proceedings: Where an Appeal is not dismissed on an initial assessment, the Commission may, (1) Decide to process the Appeal without an in-person hearing on the basis only of documentation, where the issues raised on the Appeal do not require the examination of parties in person. (2) Where an Appeal is to be dealt with according to the action in sub-rule (1), the Appellant shall be forthwith informed of this through the Notice annexed to these Rules (Annexure 4)and: (i) the Public Authority whose decision is being appealed against shall be forthwith informed of the Appeal and shall be forwarded a copy of the Appeal and any supporting documents lodged by the Appellant; I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 21A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (ii) where the matter involves a third party(ies), that third party(ies) shall, forthwith and as far as this is practical, be informed about the Appeal and be provided with a copy of the Appeal and any supporting documents lodged by the Appellant. (3) The Commission shall require the Public Authority and /or other relevant third party (ies) to file its statement of objections against the Appeal with a copy thereof to be served simultaneously on the Appellant in such a manner as to reach the Commission and the Appellant within seven days of being notified as per sub-rule (2) above. (4) All parties are required to submit their written submissions (if any) on the matter at least seven days before the date of consideration of the Appeal on documentation. (5) The Commission may by notice require the parties to supply such additional information or documents relating to the appeal as it deems necessary, including any information claimed by the Public Authority to be exempt in accordance with Section 5 of the Act, and, where necessary, the Commission shall take the required steps to ensure the confidentiality of any such information. (Annexures 4 & 5) (6) In the absence of any written submission and/ or such additional information, the Commission will make its decision on the material available. (7) The Commission shall provide the parties with written notice of its decision with reasons, issued under the seal of the Commission, duly authenticated by the Commission. (8) Where any party(ies) wishes to raise an objection to the hearing of the matter through documentation, the Commission may allow such party(ies) to make representations in that regard and record such objection but may, in its discretion and for reasons stated, decide to proceed with the hearing in terms of this Rule.
20. In-person hearings: (1) An Appeal that is being dealt with through an in-person hearing, shall be heard by the Commission. (2) For an Appeal under sub-rule (1) above, the Commission shall inform the Appellant through the Notice annexed to these Rules (Annexure 4) and give the Public Authority and where applicable, any third party(ies) seven days notice to file documents and written submissions (if any) in opposition to the Appeal (Annexure 5). (3) In the event of the Public Authority and/ or third party (ies) electing to file documents and written submissions (if any) as per sub-rule (2),the Appellant shall simultaneously be provided with a copy of such documents. (4) The Appellant shall file his or her Written Submission at least seven days before the date of hearing. (5) The Commission may require the parties to supply such additional information or documents relating to the Appeal as it deems necessary, including any information claimed by the Public Authority to be exempt in accordance with Section 5 of the Act, and, where necessary, the Commission shall take the required steps to ensure the confidentiality of any such information. (6) (i) The Commission shall- (a) fix a date, time and place for the hearing of an Appeal; and (b) cause to be served a notice of hearing (in the format annexed to these Rules) (Annexures 4 & 5), informing the parties of the date, time and place so fixed. (ii) A notice of hearing shall be served so as to reach the parties not less than two weeks before the date of the hearing (hereinafter called the hearing date). (7) Any party may inspect any document provided by any other party at the premises of the Commission subject to restrictions placed on confidential information supplied by a Public Authority. 22A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 (8) The Commission may, on the date scheduled for a hearing, proceed to hear and determine the Appeal notwithstanding that any of the parties fail to appear in person. (9) Subject to sub-rule (10), the Commission may, before the conclusion of its hearing: (i) adjourn the proceedings; and (ii) set another date for continuation. (10) On the date of the hearing of the Appeal, no postponement or adjournment shall be granted upon the application of a party, unless, for reasons recorded the Commission is of the opinion that an adjournment is necessary to meet the ends of justice. (11) The Commission may decide the matter within thirty days of having received the Appeal, and shall provide the parties with written notice of its decision with reasons, issued under the seal of the Commission duly authenticated by the Commission.
21. The Commission may, at its discretion, in deciding an Appeal, (i) receive oral or written evidence on oath or on affidavit from any party, including the Appellant, the Information Officer, the Designated Officer and/or any third party(ies); (ii) peruse or inspect documents, public records or copies thereof; (iii) inquire through authorized officers further details or facts; (iv) require any person to appear before the Commission; and (v) hold an inquiry at its discretion in accordance with these Rules and the Rules on Inquiry prescribed by the Commission.
22. Presence of the Appellant before the Commission: The Appellant may be present in person or through his or her duly authorised representative or through video conferencing, if the facility of video conferencing is available at the time of the hearing.
23. Representation of the Public Authority and/ or Third Party(ies) (if any): (1) The Public Authority shall authorize the Information Officer, and/or the Designated Officer to represent the Public Authority. Provided that the Commission may, for reasons recorded, exceptionally permit the Public Authority to be represented through a duly authorised representative or through video conferencing if the facility of video conferencing is available at the time of the hearing. (2) The third party (ies) (if any) shall be represented by himself/ herself/ themselves before the Commission. Provided that the Commission may, for reasons recorded, exceptionally permit the third party (ies) to be represented through a duly authorised representative or through video conferencing if the facility of video conferencing is available at the time of the hearing.
24. Burden of Proof: In a hearing before the Commission the burden of proof is on the Public Authority to show that it has acted in compliance with the Act.
25. Service of notice by Commission: The Commission shall issue notices by name, which shall be served in any of the following modes: (i) service by the party itself; (ii) service by hand delivery; (iii) service by registered post with acknowledgement due; (iv) service by electronic mail where the electronic address is available with acknowledgement due. I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 23A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017
26. Matters Arising During Appeal for Inquiry: (1) Where the Commission deems it appropriate, it may, in deciding an Appeal, hold an inquiry as to whether an officer or officers of a Public Authority has committed inter alia any of the following actions; (a) Disciplinary or penal actions specified in Sections 38 (1), 39 (1) (a) – (f) and 39 (2) of the Act; (b) Failed to comply with the mandatory duty specified in Section 35 of the Act which requires every officer in any Public Authority giving a decision which affects any person in any way, to disclose to that person in writing, the reasons for arriving at such decision on a request made in that behalf by the person concerned; (c) Imposed any punishment, disciplinary or otherwise on an officer or employee of a Public Authority for releasing or disclosing any information which is permitted to be released or disclosed under the Act in contravention of Section 40 of the Act. (2) The above stated inquiry shall be held in accordance with these Rules and the Rules on Inquiry prescribed by the Commission.
27. Decision of the Commission: (1) In deciding an Appeal, the Commission may in affirming, varying or reversing the decision appealed against and forwarding the request back to the Information Officer concerned for necessary action in terms of Section 32(1) of the Act, make inter alia, the following orders: (a) Order the Public Authority to provide access to the requested information, where relevant in a particular form; (b) Order the Public Authority to reimburse any Fees received from a citizen making a request, on the basis that the request was not processed within the time limits established by the Act; (c) Direct better records management on the part of the Public Authority; (d) Direct greater proactive disclosure obligations to be adhered to by the Public Authority; (e) Direct enhanced training programmes to be conducted by a Public Authority for its officers and/or employees; (f) Bring the matter to the notice of the appropriate disciplinary authority in terms of recommended disciplinary action consequent to which the said disciplinary authority shall inform the Commission of the steps taken in that regard within one month of the said notification in terms of Section 38(2) of the Act; (g) Decide to institute a prosecution under the Act upon ascertaining that an offence has been committed in terms of Section 39 of the Act; or- (h) Reject the Appeal. (2) The Commission shall, provide its decision to all parties to the Appeal free of charge and subsequent copies may be obtained on payment of reproduction charges. (3) All parties to the Appeal will be notified of the Commission’s decision as soon as possible and be sent the written decision through registered post. (4) Once the Commission pronounces a decision on an Appeal, such decision shall be published on the Commission’s website, provided that in exceptional cases certain information may be redacted from the decision to protect information which is exempt by virtue of Section 5 of the Act.
28. Record of the Proceedings: The Commission in the course of hearing an Appeal shall cause to be maintained through the Director-General and/or other officers a written record of its proceedings.
29. Preservation of Documentation: (1) All documentation submitted in the course of an Appeal to the Commission shall be filed of record and kept under the direction of the Commission. (2) The Commission may order that the books, papers or other exhibits produced or used at a hearing shall be retained by the Commission until the time for appealing the decision has expired and, if notice of Appeal is given, until the Appeal is heard or otherwise disposed of. 24A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017
30. Withdrawal: (1) The Appellant, while an Appeal is pending, may at any time withdraw the Appeal by forwarding to the Commission a memorandum in writing with reasons stated signed by himself / herself a copy of which is served on the other party(ies), and the Commission shall forthwith inform every other party of the withdrawal. (2) The Commission may, at its discretion, on being satisfied that the application for withdrawal was made by the Appellant permit the Appellant to explain to the Commission the circumstances which led to the withdrawal of the Appeal (if necessary, in camera). (3) If the Commission is satisfied with the reasons stated for withdrawal in sub-rules (1) and (2) above, it shall allow the withdrawal of the Appeal. (4) If the Commission is not satisfied with the reasons stated in sub-rule (1), it shall make an appropriate order as it deems fit.
31. Fees: An appeal to the Commission is exempt from the payment of a fee.
32. Further Appeal: Any party dissatisfied with the decision of the Commission may appeal to the Court of Appeal within one month of becoming aware of the said decision in accordance with Section 34 of the Act.
33. The Commission shall conduct an Appeal hearing under the Act in open or closed (in camera) proceedings at its discretion, having regard to the need to protect information which is exempt by virtue of Section 5 of the Act and any other relevant confidentiality interests. Annexure I Format of Appeal Appeal to the RTI Commission RTI Commission, ……………………………………………………… …………………………………………………………… Appeal Form
01. Name of Person Appealing: …………………………………
02. Address: ……………………..
03. Contact Number (if any): ……………………………
04. E-mail Address (if any): …………………………………
05. Name, Address and Contact details of authorized representative (if any): …………………..
06. Name of Public Authority concerned:……………………
07. Name, Address and Contact Details of Information Officer concerned: ………………………
08. Date request made to Information Officer and Registration Number : ……………………………………… (Attach copy of request)
09. Did you receive a reply from the Information Officer ? Yes/No: ……………………………. (If Yes, attach copy of reply)
10. Date of receipt of decision from the Information Officer: ………………..
11. Name, Address and Contact Details of Designated Officer whose decision is appealed against: ………………..
12. Date Appeal made to Designated Officer and Appeal Number:………………………..
13. Did you receive a decision from the Designated Officer? Yes/No: ………………. (If Yes, attach copy of decision)
14. Date of receipt of decision from the Designated Authority: …………..
15. Grounds ofAppeal : ……………………………………………………………………… I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 25A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 ................................................................................................................................................................................. ................................................................................................................................................................................. ................................................................................................................................................................................. ................................................................................................................................................................................. .................................................................................................................................................................................
16. Information Requested on Appeal (Details, Duration, and Subject):………..
17. Decision requested: …………………………….
18. If the Appeal has not been submitted within the specified time period, cause of delay [Section 32(2)]:………
19. Whether any previous Appeal in respect of this same matter has been preferred to the Commission?
20. Any other details (including if the request for information concerns the life and liberty of a citizen) : ………………………
21. List of the Documents attached : …………………………….. Date : …………………………………………. Signature: Annexure 2 Register of Appeals Appeal No. Date Name & Name & Name & Date of Date of Name of Remarks Appeal Address of Designation Designation decision & Decision & Commis- Registered Appellant of the of Decision of Decision of sioner/s Information Designated Information Designated examining Officer to Officer to Officer Officer the Appeal whom a whom request was appeal was made under made under s. 24 of the s. 31 of the Act Act Annexure 3 Register of Deficient Appeals to the RTI Commission Date of Receipt Name & Brief Date of return description of Mode of return Remarks Appeal No. of Defective Address of of Appeal defect in the of Appeal Appeal Appellant appeal as pointed out to Appellant 26A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Annexure 4 Right to Information Commission Notice to the Appellant Appeal Registration Number: ……….. ………………………………….. Vs. ………………………………….. From: Right to Information Commission, Colombo. To : .......................................... ................................................ ................................................ Whereas an appeal has been presented by..…………………….. resident of ………………………………………. (address) and has been registered in this Commission as above; And whereas the aforesaid appeal is being considered/heard by the Commission at …………………… (location of hearing) And whereas consideration/hearing on the aforesaid appeal shall be conducted on the …………………of…………,20…… Now therefore it is hereby ordered as under; (Note: Delete from the below that portion which is not applicable): You are summoned to appear before the aforesaid Information Commissioner/s in person (or through an authorized representative) or through video-conferencing (if the facility is available), on the aforesaid date of hearing at ………am/ pm (time) to participate in the hearing on the above appeal under Rule 20 of the Commission’s Rules on Appeals. You are directed to file your Written Submissions (if any) before the Commission at least seven days before the aforesaid date of hearing. The relevant Public Authority and/or any relevant third party(ies) have been directed to serve their statement of objections and/or other documentation relied on to you within seven days of being notified of the same by the Commission. The appeal will be heard by way of documentary proceedings under Rule 19 of the Commission’s Rules on Appeals. You are directed to submit the Written Submissions to be relied upon (if any) to reach the aforesaid Information Commissioner/s at least seven days before the aforesaid date of consideration of the documentation. The relevant Public Authority and/or any relevant third party(ies) have been directed to serve their statement of objections and/ or other documentation relied on to you within seven days of being notified of the same by the Commission. The Appeal will be heard by way of Initial Assessment under Rule 18 of the Commission’s Rules on Appeals. You are directed to show cause within seven days of this Notice as to why the Appeal should not be dismissed. You are directed to produce the following documents/ things before the aforesaid Information Commissioner/s on the aforesaid date of hearing/consideration: ........................................... ........................................... I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 27A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 Take notice that in default of your appearance on the above mentioned date, the appeal may be heard and determined in your absence. Date: …………………. For and on Behalf of the Right to Information Commission Annexure 5 Right to Information Commission Notice to the Public Authority and/or Third Parties Appeal Registration Number: ……….. ………………………………….. Vs. ………………………………….. From: Right to Information Commission, Colombo. To: ............................ ................................. ................................. Whereas an appeal has been presented by..…………………….. resident of ………………………………………. (address) and has been registered in this Commission as above; And whereas the aforesaid appeal is being considered/heard by the Commission at …………………… (location of hearing) And whereas consideration/hearing on the aforesaid appeal shall be conducted on the …………………of…………,20…… Now therefore it is hereby ordered as under; (Note: Delete from the below that portion which is not applicable): You are summoned to appear before the aforesaid Information Commissioner/s in person, on the aforesaid date of hearing at ………am/pm (time) to participate in the hearing on the above appeal under Rule 20 of the Commission’s Rules on Appeals. A copy of the aforesaid Appeal with supporting documents (if any) is annexed and you are directed to submit the statement of objections and/or other documentation/a list of documents (no. of copies) and the Written Submissions (if any) relied upon by you to simultaneously reach the aforesaid Information Commissioner/s and the Appellant at least seven days of the receipt of this Notice. You may be exceptionally permitted, at the Commission’s discretion to be represented through a duly authorised representative or avail yourselves of video conferencing (if the facility of video conferencing is available at the time of the hearing). The appeal will be heard by way of documentary proceedings under Rule 19 of the Commission’s Rules on Appeals. A copy of the aforesaid Appeal with supporting documents if any is annexed and you are directed to submit the statement of objections and/or other documentation documents/ a list of documents (no. of copies) relied upon by you in such a manner as to simultaneously reach the Commission and the Appellant within seven days of the 28A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2017'02'03 PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 03.02.2017 receipt of this Notice and submit Written Submissions (if any) seven days before the aforesaid date of consideration of the documentation. The appeal will be heard by way of Initial Assessment under Rule 18 of the Commission’s Rules on Appeals. You are directed to file any documents if required in response to the Appeal within seven days of the receipt of this Notice. You are directed to produce the following documents/ things before the aforesaid Information Commissioner/s on the aforesaid date of hearing/consideration: ………………………….. ………………………….. Take notice that in default of your appearance on the above mentioned date, the appeal may be heard and determined in your absence. Date: …………………. For and on Behalf of the Right to Information Commission Right To Information Act, No. 12 of 2016 Rules IN terms of powers vested me under sub section 02 of the section 42 of the Right to information Act, No. 12 of 2016, it is hereby, declared approval of the rules given below, made by the the Right to Information Commission under the powers of the Section 42 of the above Act. GAYANTHA KARUNATHILAKE, Minister of Parliamentary Reforms and Mass Media. At the Ministry of Parliamentary Reforms and Mass Media, No. 163, Kirulapone Mawatha, Polhengoda, Colombo 05, 01st February, 2017. 02 - 728/2 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA.