{Authoritative English Text of this Department Notification No. Per (AR) F (7)-2/98-Vol.I dated _21-1-2006__as required under clause (3) of article 348 of the Constitution of India}.
NOTIFICATION
No. PER (AR) F (7)-2/98-Vol.I Dated Shimla- 2 the 21st January 2006.
In
exercise of the powers conferred by clauses to sub-section (2) of section 27
of “The Right to Information Act, 2005”
(Central Act No. 22 of 2005), the Governor of Himachal Pradesh is pleased to
make the following rules for carrying out the purposes of the Act, ibid,
namely;
1. Short title and commencement: (1) These
rules may be called the “Himachal Pradesh Right to Information Rules, 2006.”
(2) They
shall come into force on the date of their publication in the Official Gazette.
2. Definitions (1) In these
rules unless the context otherwise requires.-
(a) ‘Act’
means the Right to Information Act, 2005 (Central Act No. 22 of 2005);
(b) ‘Form’
means a form appended to these rules;
(c) ‘section’
means section of the Act;
(d) “Appendix’
means appendix appended to the rules.
(2) Words
and expressions used but not defined in these rules, shall have the same
meaning as assigned to them in the Act respectively.
3. Application for seeking information:- (1) Any
person seeking information under the Act shall make an application in Form ‘A’
to the Public Information Officer/Assistant Public Information Officer
accompanied by fee prescribed in rule 5
and the Public Information Officer/ Assistant Public Information Officer
shall duly acknowledge the receipt thereof and shall enter the particulars in
Part I of the Application Register maintained for the purpose in Appendix I.
(2) Except
in the case of an applicant who is determined by the State Government as being
below poverty line, the application shall be accepted only if it is accompanied
by a challan in support of payment of the requisite application fees as
specified in rule 5. A separate
application shall be made in respect of each subject and in respect of each
year to which the information relates.
(3) When the
information sought for is ready and requires payment of additional fee, if any,
the Public Information Officer/ Assistant Public Information Officer shall
communicate to the applicant the fact in Form ‘B’ specifying the additional fee
to be paid, on his address given in the application. The particulars of
information being supplied shall be entered in Part II of the Application
Register.
(4) When the
information is ready the Public Information Officer/ Assistant Public
Information Officer will inform the applicant in Form ‘C’.
(5) Any
information supplied under sub rule (4) shall be in the language available in
the office record.
4. Inspection of record (1) Any
person who seeks to inspect the record before making an application under
Section 4 shall make application in form D for the purpose indicating the
record to be inspected.
(2) An
Inspection Register shall be maintained with the Public Information
Officer/Assistant Public Information Officer in form given in Appendix-II and
details of the application and inspection shall be recorded therein.
(3) During
inspection the applicant shall not
take photographs etc. of the record/document.
(4) Except
if inspection of the record is disallowed under section 8 and 9 of the Act,
Public Information Officer/Assistant Public Information Officer shall allow the
inspection on payment of the requisite fee prescribed in rule 5.
5.
Charging of fee:- (1) Except in the case of persons who are below poverty
line as determined by the State Government, the Public Information Officer/
Assistant Public Information Officer shall charge the fee for supply of
information at the following rates, namely:-
|
|
Description
of information |
Price/Fees
in Rupees |
|
1 |
Fee alongwith application |
Rs.10 per application |
|
2 |
Where the information is available in the form of a priced publication. |
On printed price. |
|
3 |
For other than priced publication. |
Rs.10 per page of A-4 size or smaller and actual cost subject to minimum of Rs.20 per page in case of larger size. |
|
4 |
Where information is available in electronic form and is to be supplied in electronics form e.g. Floppy, CD etc. |
Rupees 50 per floppy and Rs.100 per CD |
|
5 |
Fee for inspection of Record/document |
Rs.10 per 15 minutes or fraction thereof. |
(2) Every page of information to be supplied
shall be duly authenticated giving the name of the Applicant (including below
poverty line status if that is the case), and shall bear the dated signatures
and seal of the concerned Public Information Officer/ Assistant Public
Information Officer supplying the information.
(3) Fees/ Charges shall be deposited in a
Government Treasury under the head of account “0070 – OAS, 60 – OS, 800 –OR,
11 – Receipt head under Right to Information Act, 2005”. Accruals into this
head of account may be placed in a separate fund by way of grant-in-aid for
furthering the purposes of the Act, including purchase of equipment and
consumables, providing training to staff etc.
6. Procedure in appeals before the Appellate
Authorities._ (1) Contents of appeal.- The Memorandum of appeal to
the Appellate Authority/Commission shall contain the following information,
namely:-
(i)
name and address of the appellant;
(ii)
name and address of the Public Information Officer against
the decision of whom the appeal is preferred;
(iii)
particulars of the order including number, if any, against
which the appeal is preferred;
(iv)
brief facts leading to the appeal
(v)
if the appeal is preferred against deemed refusal, the
particulars of the application, including number and date and name and address
of the Public Information Officer to whom the application was made;
(vi)
prayer or relief sought;
(vii)
grounds for the prayer or relief;
(viii)
verification by the appellant; and
(ix)
any other information which the Commission may deem
necessary for deciding the appeal.
(2) The
appellant shall submit four copies of the memorandum of appeal for official
purpose.
(3) Every
appeal made to the Appellate Authority/Commission shall be accompanied by the
following documents, namely:-
(i)
self attested copies of the Orders or documents against
which the appeal is being preferred;
(ii)
challan in proof of the payment of the prescribed fee;
(iii)
copies of documents relied upon by the appellant and
referred to in the appeal; and
(iv)
an index of the documents referred to in the appeal.
(4) When the
Appellate Authority/ Commission may calls for the record, it shall in any case
shall return the original record within 10 days after retaining an authenticated
copy if required.
(5) On the
date of hearing or on any other day to which hearing may be adjourned, the
parties shall put their appearance before the Appellate Authority/ Commission.
If the appellant fails to appear on such date, the Appellate
Authority/Commission may in its discretion either dismiss the appeal or decide
the matter ex-parte on merits
(6) The
appellant shall not, except by leave of the Appellate Authority /Commission,
urge or be heard in support of any ground of objection which has not been set
forth in the memorandum, but the Appellate Authority /Commission, in deciding
the appeal, need not confine itself to
the grounds of objection set forth in the memorandum:
Provided that the Appellate
Authority/ Commission shall not rest its decision on any ground other than
those specified in memorandum, unless the party likely to be affected thereby,
has been given, an opportunity of being heard by the Appellate Authority/
Commission.
(7) The Commission may frame regulations in
respect of its day-to-day proceedings.
Form ‘A’
[See rule-3 (1)]
APPLICATION
FOR INFORMATION UNDER
THE RIGHT
TO INFORMATION ACT 2005
To
The Public Information
Officer/Assistant Public
Information Officer
(Name of the Department from which
the information
is sought )
(a)
Subject matter of the information
----------------------------------------------------------------------------------------------
(b)
Period to which the information relates.
Month & year
_________________________________________________________
(c)
Description of the information required
(d) File No. if available
------------------------------------------------------------------------------------------------
(e)
Whether the applicant claims exemption
as below poverty line family, if yes,
attach proof
__________________________________________________________
(f) Original Treasury Challan
No
amount and date of depositing
application fee under rule 4 be
attached.
Applicant
Name_________
Address_____________
Telephone No.____________
Form ‘B’
[See rule
3(3) ]
From
Designation of the
Public
Information Officer/Assistant Public
Information
Officer
[Department_____________]
To
(Name
of the applicant)
Address
of the applicant.
Reference: Application
No__________Dated___________
Subject:
Sir,
Please refer to your application
dated________ referred to above. The information required by you consists of
–--- pages and printed publication cost Rs ----------. The additional fee for supplying this
information to you is Rs._____. In case you desire the information to be sent
to you by post, an additional amount of Rs.__________ will need to be
deposited.
2. You are required to deposit the
aforesaid amount of the additional fee in a Government Treasury under
Head_________ through challan and send a copy thereof to the undersigned.
3. If you are not satisfied with the
amount of additional fee levied, you have a right to prefer appeal to
_________________ within a period of 30 days.
Public
Information Officer/Assistant
Public Information
Officer
Tel No.
Form ‘C’
[See rule
3(3) & 6(i)]
From
Designation
of the
Public
Information Officer/Assistant Public
Information
Officer
[Department__________________]
To
(Name
of the applicant)
Address
of the applicant.
Reference: Application
No._____________dated____________
Subject:
Sir,
Please refer to your application
dated________ referred to above.
2. The information required by you is
ready. You are directed to collect the information from the office of the
undersigned on any working day of the week during 12.00 to 3.30 p.m.
Public
Information Officer/
Assistant Public Information Officer
Telephone
No.
Form ‘D’
[See rule-4 (1)]
APPLICATION
FOR INSPECTION
UNDER THE
RIGHT TO INFORMATION ACT 2005
To
The Public Information
Officer/Assistant Public
Information Officer
(Name of the Department from which
the inspection
is sought )
(a) Subject matter of the
information
----------------------------------------------------------------------------------------------
(b)
Period to which the information relates.
Month & year
_________________________________________________________
(c)
Description of the information required
(d) File No. if available
------------------------------------------------------------------------------------------------
(e) Whether the applicant claims
exemption
as below poverty line family, if yes,
attach proof
__________________________________________________________
(f) Original Treasury Challan No
amount and date of depositing
application fee under rule 4 be
attached.
Applicant
Name_________
Address_____________
Telephone No.____________
Appendix-I
REGISTER OF APPLICATIONS FOR
INFORMATION
UNDER THE RIGHT TO
INFORMATION ACT 2005
PART-I
|
Sl No. |
Name & full postal address of the applicant |
Whether below poverty line (BPL) |
Date of receipt of application |
Tentative date on which the record would be ready |
Mode by which the information is sent |
Treasury challan No. and date |
Signature of PIO/APIO |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
PART-II
|
Actual date when the information is ready |
Number of actual pages |
Amount of additional fee |
Signature of applicant with date in token of receipt if the information is delivered in person or if the information is sent by post its particulars and date |
Signature of PIO/APIO |
|
9 |
|
10 |
11 |
12 |
|
|
|
|
|
|
Appendix-II
INSPECTION REGISTER
UNDER THE RIGHT TO
INFORMATION ACT 2005
|
Sl.No |
Name & full postal address of the applicant |
Whether below poverty line (BPL) |
Subject matter of information |
Particulars of record to be inspected |
Time taken From___ to_____ |
Amount of Fee charged |
Signature of applicant |
Particulars of challan deposited in treasury By PIO/APIO |
Signature of PIO/APIO |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|
|
|
|
|
|
|
|
|
By Order
S.Vijay Kumar
Principal Secretary (AR) to
the
Government of Himachal
Pradesh
No. Per (AR) F (7) 2/98-Vol.I Dated Shimla-2,
the 21st January, 2006
Copy forwarded to :-
6. All the Deputy Commissioners in Himachal Pradesh.
Under Secretary (AR) to the
Government of Himachal
Pradesh.