Haryana Right to Information Rules

THE HARYANA RIGHT TO INFORMATION RULES, 2005

 Haryana Government

Administrative Reforms Department

Notification

        The 28^th October, 2005.

No. 5/4/2002 – 1AR In exercise of the powers conferred by sub-section (I) read with sub section (2) of section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Haryana hereby makes the following rules providing for information under the said Act, namely:-

1. Short title and commencement.

(1) These rules may be called the Haryana Right to Information Rules, 2005.

(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 22 of

 2005.

(b) “Commission” means the Haryana Information Commission.

(c) “Form” means a form, appended to these rules.

(d) “section” means the section of the Act.

 (2) The words and expressions used in these rules, but not defined, shall have

 the same meanings as assigned to them in the Act.

3. Application for obtaining information.

(1) A person, who desires to obtain any information admissible under the

Act, shall make an application in Form A to the State Public Information

 Officer/State Assistant Public Information Officer along with a fee as

 specified in rule 5 of these rules.

 (2) On the receipt of an application, made under sub-rule (1), the State Public Information Officer/State Assistant Public Information Officer shall give a receipt in token thereof to the applicant.

4. Deposit of fee.

(1) The fee shall be deposited with the State Public Information Officer/

State Assistant Public Information Officer either in cash against proper receipt or by treasury challan.

(2) The amount of fee shall be credited to the receipt head/account number of

the concerned public authority.

(3) On receipt of an application, submitted under sub-rule (1) of rule 3, the State Public Information Officer/State Assistant Public Information Officer shall scrutinize the application and shall assess how much fee is required to be paid by the applicant for obtaining the information.

(4) The fee assessed under sub-rule (3), shall be informed to the applicant by the State Public Information Officer/State Assistant Public Information Officer in Form B within a period of seven days from the receipt of application.

(5) In case the applicant fails to deposit the requisite fee within a period of fifteen days after the issuance of the intimation given to him under sub-rule (4), it shall be construed that the applicant is no longer interested in obtaining the information, sought for, and his application shall be deemed to have been filed.

5. Quantum of fee.

(1) An application for obtaining any information under sub-section (1) of

section 6 shall be accompanied with a fee of Rs.50. sections 6 and 7

(2) For providing an information under sub-section (1) of section 7, the fee shall be charged from the applicant at the following rates, namely:-

(a) Rs. 10 for each page in A-4 or A-3 size paper, created or copied; and

(b) if information is to be provided on a large size of paper than that of specified in clause (a), the actual cost price of such a paper shall be charged.

(3) For providing an information under sub-section (5) of section 7, the fee

shall be charged from the applicant at the following rates, namely:-

(a) Rs.50 for providing information in a floppy;

(b) Rs.100 for providing information in diskette; and

(c) if information sought is of such a nature, which is contained in a printed document of which a price has been fixed, then that information shall be provided after charging the price, fixed for that printed document. However, if only an extract or page of such a printed document is asked for, then a fee of Rs.10 per page shall be charged.

(4) No fee for inspection of record shall be charged, if such an inspection is made for one hour only. However, if inspection is made for a period of more than one hour, then a fee of rupees ten shall be charged for every fifteen minutes in excess of first hour. Every fraction of the period above fifteen minutes, shall be construed as a complete period of fifteen minutes and it shall be charged as full period of fifteen minutes.

6. Procedure to be followed in deciding appeal.

Before deciding an appeal, the Commission Shall,-- section 19(10)

(a) serve notice to the concerned persons;

(b) entertain any evidence in support of appeal, which may be oral or in writing form the concerned persons;

(c) examine on oath or by having affidavits from the persons concerned;

(d) persue or inspect the documents or any records or copies thereof;

(e) inquire through the authorized officer the facts of an appeal or may

 require facts in detail, if it so deems appropriate, hear the State Public

 Information Officer or any other senior officer who had decided the

 first appeal, as the case may be; and

(f) receive evidence on affidavits from the State Public Information

 Officer or any senior officer who had decided the first appeal or from

 any other person from whom the evidence may be deemed necessary.

7. Mode of serving notice.

The Commission may serve notice to the persons concerned in any of the

following modes, namely :-- section 19(10)

(a) by hand delivery(dasti) through process server; or

(b) by registered post with acknowledgement due; or

(c) by publication in the newspaper.

8. Order by the Commission.

(1) The Commission shall make order in writing and pronounce the same

in the presence of the concerned parties. section 19(10)

(2) The party concerned may, obtain the copy of the order from the

Commission.

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Form A

[See rule 3 (1)]

To

The State Public Information Officer/  State Assistant Public Information Officer,

(Name of the office with address)

1. Full name of the applicant:             2. Address:

3. Particulars of information required:-

(i) Subject matter of information*

(ii) The period to which the information relates**

(iii) Description of the information required***

(iv) Whether information is required by post or in person

(the actual postal charges shall be included in addition to the fees.)

               (v) In case by post (Ordinary, Registered or Speed)

Place : Signature of the Applicant.

Date:

* Broad category of the subject to be indicated (such as Grant/Government land/ Service matters/Licenses etc.)

** Relevant period for which information is required to be indicated.

*** Specific details of the information are required to be indicated.

ACKNOWLEDGEMENT

Received your application dated ________ , vide Diary No.______ dated _________.

(Signature) State Public Information Officer/ State Assistant Public Information Office,  Name of the Department/Office

Form B

[See rule 4 (4)]

From

State Public Information Officer/

State Assistant Public Information Officer

(Name of Department/Office)

To

Name and address of the applicant.

Sir,

Please refer to your application dated _______________ addressed to the undersigned requesting information regarding ______________. The additional fee for supplying this information to you is Rs. ____________________.

2. You are hereby informed to pay the fee at this office either in cash or in a Government treasury through challan and send a copy of the challan to this office within a period of fifteen days and collect the information on ___________.

3. The amount of fee shall be deposited in the receipt head/account No. (to be intimated to the applicant by the concerned department.)

State Public Information Officer/

State Assistant Public Information Officer.

Annexure – C

Appeal under section 19 (3) of  the Right to Information Act, 2005

From

Applicant’s Name and Address.

To

Name/Designation/Address of the appellate authority.

1. Full Address of the appellant

2. Address

3. Particulars of the Public Information Officer

4. Date of receipt of the order appealed against

5. Last date for filing the appeal

6. Particulars of Information: -

i) Nature and subject matter of the information required.

ii) Name of the Office or Department to which the information relates:

iii) The grounds for appeal

Place Signature of the Appellant

Date:

                                                            Notification

                                                  The 29^th December, 2005

                        No. 5/4/2005-1AR.- In exercise of the powers conferred by sub. Section (4) of Section 24 of the “Right to Information Act:, 2005 (Central Act. No. 22 of 2005) the Governor of Haryana hereby specifies the intelligence and security organizations as mentioned in the schedule given below for the purpose of the said sub-section.

                                                            Schedule

(i)                         State Criminal Investigation Department (C.I.D.: including the Crime

                  Branch:

(ii)                           Haryana Armed police:

(iii)                         Security Organizations of Police:

(iv)                         Haryana Police Telecommunication Organization:

(v)                           India Reserve Battalion:

(vi)                         Commando:

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HARYANA GOVERNMENT

ADMINISTRATIVE REFORMS DEPARTMENT

Notification

The 25^th July, 2006

No. 5/4/2002-IAR-In exercise of the powers conferred by Sub-section (1) read with Sub-section (2) of Section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005), the Governor of Haryana hereby makes the following rules further to amend the Haryana Right to Information Rules, 2005, namely:-

     

1.    These rules may be called the Haryana Right to Information (Amendment) Rules, 2006.

2.    In the Haryana Right to Information Rules, 2005, in rule 4, for sub-rule(1), the following sub-rule shall be substituted, namely:-

“(1)      The fee shall be deposited with the State Public Information Officer/State assistant Public Information Officer either in cash against proper receipt or by treasury challan or through Indian Postal Order or Bank Draft.”

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