THE CALCUTTA HIGH COURT (RIGHT INFORMATION) RULES, 2006

PREAMBLE

In exercise of the powers conferred under Section 28(1) of the Right to information Act, 2005 the Chief Justice of the Calcutta High Court (Competent Authority) is pleased to make the following rules to carry out the provisions of the Act falling within the jurisdiction of this High Court:-

Rule 1. Short title and commencement .--

1.        These rules may be called the Calcutta High Court (Right Information) Rules, 2006.

 

2.        They shall come into force from the date of their publication in the Official Gazette.

Rule 2. Definitions.--

(1)     In these Rules unless, the context otherwise requires.?

 

(a)      'Act' means The Right to Information Act, 2005 (No. 22 of 2005);

 

(b)      'Appellate Authority' means designated as such by the Chief Justice of High Court at Calcutta;

 

(c)      'authorized person' means Public Information Officers and Assistant Public Information Officer;'Public Information Officer' shall mean - (i) the Deputy Registrar (Admn.) on the Appellate Side of the High Court and (ii) the Assistant Master and Referee on the Original side of the High Court (iii) Chief Judicial Magistrate in the District Courts (iv) the Additional Chief Judicial Magistrate in the respective sub-divisional courts.Assistant Public Information Officer shall mean.--

(d)      in the Appellate Side of the High Court

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(e)      Assistant Registrars of the respective departments

 

(f)       Section Officer or Superintendent whoever is in-charge of the concerned department/ section, where there is no post of Assistant Registrar.

 

(g)      in the Original Side of the High Court

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(h)     Assistant Registrars of the respective departments

 

(i)       Section Officer or Superintendent whoever is in-charge of the concerned department/section, where there is no post of Assistant Registrar.

 

(j)       in the Sadar/Sub-divisional courts ? the senior most Civil Judge (Jr. Div.).

 

(k)      'Form' means the Forms appended to these Rules for enforcement of the provisions of this 'Act'.

 

(l)       Section' means a section of this 'Act'

 

(2)     Words and expressions used but not defined in these Rules shall be the same meanings as are assigned to them irrespectively in the 'Act'.

Rule 3. Request for obtaining information .--

A request for obtaining information may be made in writing or through electronic means in English, Hindi or Bengali accompanying a fee as prescribed below, by the person who desires to obtain the information to the Public Information Officer or the Assistant Public Information Officer, specifying the particulars of the information sought by him or her in the form prescribed below .In case the request cannot be made in writing the concerned Public Information Officer shall render all reasonable assistance to that person to reproduce the same in writing.All other provisions of section 6 of the Act shall apply in this respect.

Rule 4. Disposal of requests .--

For disposal of the requests under section 6 of the Act, the Public Information Officer or the Assistant Public Information Officer shall follow the provisions of section 7 of the 'Act'.

Rule 5. Protected/exempted information .--

The Public Information Officer or the Assistant Public Information Officer as the case may be, shall have no obligation to give information to any citizen in the matter disclosure of which has been exempted under Section 8 of the Act.

Rule 6. Appeal.--

An appeal under section 19 of the 'Act' may be preferred to the Appellate Authority, by the person who does not receive a decision within the time specified in section 7(3)(1)(a) of the Act or who is aggrieved by the decision of the Public Information Officer or the Assistant Public Information Officer, as the case may be, within the time prescribed under section 19(1) of the Act which may be extended as per provision of that section i.e. section 19 (I) of the Act.All other provisions of the Act shall apply for effective enforcement of the provisions relating to the information as per Section 2(f) of the Act.

Rule 7. Penalties .--

(1)     Whoever being bound to supply information fails to furnish the information asked for under the Act within the time specified or fails to communicate the rejection order, shall be liable to pay a penalty up to fifty rupees per day for the delayed period beyond thirty days subject to a maximum of five hundred rupees per application filed under rule 3 as may be determined by the Appellate Authority.

 

(2)     where the information supplied is found to be false in any material particular and which the person is bound to supply it knows and has reason to believe it to be false or does not believe it to be true, the person supplying the information shall be liable to pay a penalty of one thousand rupees, to be imposed by the Appellate Authority provided that the Public Information Officer or the Assistant Public Information Officer, as the case may be shall be given a reasonable opportunity of being heard before the penalty is imposed on him.

Rule 8. Suo motu publication of Information by public authorities .--

(1)     the public authority shall suo motu publish information as per sub-section (1) of Section 4 of the Act by publishing book lets and/or folders and/or pamphlets and up date these publications every year as required by sub-section (1) of Section 4 of the Act.

 

(2)     Such information shall also be made available to the public through information counters medium of internet and display on notice board at conspicuous places in the office of the authorized person and the Appellate Authority.

Rule 9. Fees .--

(1)     The authorized person shall charge the fee at the following rates .--

B. Other Fees?