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
providing the 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 on 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 5of 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 information 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. (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.2 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 (c) 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.2 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 of 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
(a) serve notice to the concerned
persons; (b) entertain any evidence in support of appeal, which may be oral or
in writing from the concerned persons; (c) examine on oath or by having
affidavits from the person concerned; (d) pursue 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 appear 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:
(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. (2) The party concerned may, obtain the copy of the order from the
Commission.