PREAMBLE
In exercise of powers conferred under Section 28 of
Right to Information Act, 2005, the Chief Justice of High Court of Chhattisgarh
makes the following rules to enforce the provisions of Right to Information
Act, 2005.
CHAPTER I GENERAL
Rule - 1. Short title and commencement.
(i) Under Right to
information Act these Rules for District court may be called as District court
right to information rules, 2005.
(ii) These Rules shall
come into force from the date of its publication in the Gazette.
Rule - 2. Office Hours.
In
general, office hours shall be from 10.00 A.M. till 5.00 P.M.
CHAPTER II PROCEDURE FOR
APPLICATION AND DISPOSAL
Rule - 3.
To
get information under the Right to Information Act, a self-signed application
in Form-A shall be produced before the Public Information Officer affixing
court fees of Rs. 12/- (Rupees Twelve only) on the said application. If the
applicant desires to get the information by post, he shall send a self
addressed registered envelope, bearing necessary postal stamps, along with the
application.
Procedure to be
adopted after presentation of application
Rule - 4.
The
application submitted before the Public Information Officer shall be registered
in the register available in the office, the records regarding the information,
desired in the application shall be requisitioned in his office and the
applicant shall be instructed to appear on the 5th day from the date of
submission of application. After receipt of record from the concerning section
and after having confirmed that the desired information can/cannot be given to
the applicant, the Public Information Officer shall accordingly inform.
Rule - 5.
In
the information desired by the applicant can be provided or the inspection of record
can be carried out as per rules, the Public Information Officer shall inform
the applicant in Form-B about the fee prescribed for supplying of such
information before providing the desired information. In case the application
is received by post, the Public Information Officer shall inform the applicant
about the prescribed fee in Form-B through the envelope received along with the
application and the desired information or record shall be supplied for
inspection only after the deposit of requisite fees as per rule 14. (To get the
information by post, applicant shall submit self-addressed Registered envelope
with necessary postal stamps along with the requisite fees). But, if the said
fee is not deposited within 15 days, the application shall stand rejected.
Rule - 6.
After
receipt of fee, as date not exceeding seven days shall be fixed for preparation
and providing information to the applicant. So far as possible, arrangement
shall be made to provide the desired information by the said date. If, for any
reason the information could not be provided on the prescribed date, next date
shall be given to the applicant, and the intervening period of above two dates
shall not exceed 7 days. If, even on the said date, due to any reason, the
information could not be supplied to the applicant. Public Information Officer
shall fix another date, but the total extended period shall not be more than 30
days. The information shall necessarily be provided within 30 days from the
date of receipt of fees. With respect to application received by post, the
information shall necessarily be sent within 30 days of receipt of fee.
If,
in respect of furnishing information, the Public Information Officer finds that
it is not possible to give information under Section 8 and 9 of the Act, he
shall inform the applicant about rejection of said application, in Form C.
But,
if the information is to be sent by post, the applicant shall bear the postal
expenses.
Rule - 7.
If
the applicant is illiterate and is unable to present the application in
writing, the public Information Officer shall help him to the extent and shall
get the application produced in writing.
Rule - 8.
In
this regard a register shll be maintained in the office of Public Information
Officer which shall be in Form D containing following particulars :
1.
Registration
No. of application.
2.
Date
of Receipt of application.
3.
Name
and complete address of the applicant.
4.
Date
of appearance of the applicant.
5.
Details
of the desired information.
6.
Source
of information.
7.
Date
of dispatch of application to the concerning department.
8.
Date
of receipt of information
9.
Date
of disposal of application.
10. Decision/note of
Public Information Officer on the application.
11. Mention of fee
affixed on the application.
12. Applicant's
signature, which shall be the acknowledgment.
13. Order of First
Appeal.
14. Order of Second
Appeal.
15. Remarks.
After
preparation of the desired information, public Information Officer shall
certify it by putting his signature. Seal along with following details and
information shall be supplied to the applicant after taking entries in it.
1.
No.
and date of submission of application.
2.
The
date fixed for appearance of the applicant.
3.
Date
of appearance of applicant.
4.
Date
of preparation of information.
5.
Date
of supply of information.
6.
Details
of fee.
7.
Signature
of officer preparing information.
Rule - 9.
If,
the applicant seeks any information with respect to Third party (other person)
he shall send/submit an application with said details, bearing court fee stamp
of Rs. 12/- (Rs. Twelve only) along with a registered envelope bearing
necessary postal stamps, name and complete address of the said other person to
the Public Information Officer On receipt or such application. Public
Information Officer shall register the application in the register maintained
in his office for that purpose. The Public Information Officer shall then send
the copy of said application to that other person and on receipt of his reply,
shall dispose of the application after providing opportunity of hearing to both
the parties. If the information desired by the applicant can be provided, the
Public Information Officer shall inform the applicant about necessary fee for
the desired information and on receipt of necessary fee along with the
registered envelope bearing address of the applicant, the information shall
necessarily be sent to applicant within 30 days if not present in person. If it
is not possible to supply the information desired by the applicant, the
applicant shll be intimated in Form C, for which the applicant has to give
self-addressed envelope:
Provided,
that if information, which includes certified copy desired by the applicant, is
regarding judicial procedure or record, he shall obtain the information as per
Chapter 10 of M.P. High Court Rules and Orders and in accordance with the
Madhya Pradesh Civil Court Rules and orders.
Procedure for
inspection of Records
Rule - 10.
If
after having considered the application filed by applicant, the Public
Information Officer finds appropriate that the applicant can be granted
permission to inspect the records and if he grants permission, the Public
Information Officer shall requisition the record, desired by applicant for
perusal, from the concerning sections and shall give to applicant to inspect in
his presence, in the office hours, between 2.00 P.M. and 4.00 P.M. During
inspection of record, applicant shall be allowed to use the pencil only,
Information desired by the applicant shall be noted by pencil only. If the
applicant brings any other writing instrument other than pencil, he shall
deposit the same with Public Information Officer thereafter he shall initiate
the inspection of record.
Rule - 11.
During
inspection, applicant shall not have any right to make any note or put any mark
on the record. During inspection of record, if applicant wishes to make notes
he shall note on plain paper and after inspection he shall show the note to
Public Information Officer, who after being satisfied that applicant has not
tampered the record in any way, shall return the note of applicant to him:
Provided,
the applicant shall submit application for inspection of record related to
Court, as per Chapter 11 of M.P. High Court Rules and orders.
CHAPTER
III APPEAL
Rule - 12.
Any person who
does not get any decision within the time prescribed in provision (a) of
sub-section (3) or sub-section (1) of Section 7, as the case may be, or who is
aggrieved with the decision of Public Information Officer or Assistant Public
Information Officer, as the case may be, can prefer appeal in writing to the
Registrar General, High Court of Chhattisgarh, Bilaspur who is the First
Appellate Authority. The memo of said appeal shall contain in brief, the
particulars regarding the case, and the grounds of appeal. With the appeal
filed in such manner, certified copy of order passed by Public Information
Officer shall be annexed, which shall be disposed of by the Registrar General,
after providing opportunity of hearing to the parties. The order of appeal
shall be intimated to the appellant.
Rule - 13.
A register
(Form-E) shall be maintained in the office of Registrar General, for this, the
appeal preferred by applicant shall be registered and following details shall
be entered in it.
1.
Registration No.
2.
Name and particulars of applicant/appellant.
3.
Name and particulars of respondent/non-applicant.
4.
Details of the order of Public Information Officer
against which appeal is preferred.
5.
Date of order.
6.
Decision.
7.
Remark.
After the disposal
of appeal preferred by applicant/appellant, he shall be made aware of the decision
in appropriate manner.
Rule - 14.
The applicant
shall affix court fee stamp of Rs. 12/- on the application submitted to the
Public Information Officer for obtaining information under Right to Information
Act:
|
S. No.
|
Particulars of
documents
|
Fees
|
|
I.
|
In the
memorandum of First Appeal.
|
Rs. 40/- in the
Form of court fees stamp.
|
|
2.
|
For inspection
of records
|
Rs. 10/-per
hours in the form of court fees stamp.
|
|
3.
|
On providing
information through Xerox.
|
Rs. 10/-per
page.
|
|
4.
|
For typed
information.
|
Rs. 10/-per
page.
|
|
5.
|
On computer
printing.
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Rs. 15/- per
page.
|
Above fees
(mentioned, in No. 3 to 5) shall be received in cash and credited to treasury
under following head :
Rule - 15.
Cash Register
shall be maintained by the Public Information Officer with following details.
|
Name and address
of the applicant
|
Date of
application
|
Date of Deposit
of amount with challan
|
Particulars of
fees
|
Refund, if any
|
Remarks
|
|
(1)
|
(2)
|
(3)
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(4)
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(5)
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(6)
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|
|
|
|
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|
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Rule - 16.
The applicants
living below poverty line shall, on production of the copy of certificate
issued by competent authority along with application, be provided desired
information and copies free of cost under this Rule.
Rule - 17. Removal of doubts.
If any doubt
arises as to the interpretation of any of the provisions of these Rules, the
matter shall be referred to the Hon'ble Chief Justice who shall be the
authority to decide the same.
CHAPTER IV MISCELLANEOUS
Rule - 18.
The
applications, received for information shall be kept safe for 6 months from the
date of application, after the said period, it shall be destroyed by burning
after receiving order from the Public Information Officer.
Rule - 19.
The
Information/copy/inspection with respect to the cases pending in Court shall be
obtained from the Court, as per M.P. High Court Rules and Orders.
Rule - 20.
The
Public Information Officer shall have the right to make the work distribution
amongst the Assistant Public Information Officer.