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The Orissa High Court Right to Information Rules, 2005

The Orissa High Court Right to Information Rules, 2005

The Orissa High Court Right to Information Rules, 2005

In exercise of power conferred under Section 28 (1), Section 2(e) (iii) and Section 2 (h) read with Section 5 of the Flight to Information Act. 2005 (Act No.22 of 2005) the Chief Justice of the High Court of Orissa being the Competent Authority with the concurrence of the Public Authority does hereby make the following Rules :

CHAPTER-I

General

Rule - 1. Short Title and commencement.?

 

(i)       These Rules shall be called "The Orissa High Court Right to Information Rules, 2005."

 

(ii)      They shall come into force with effect from the date of publication in the Orissa Gazette.

Rule - 2. Definition.?

 

In these Rules unless the context otherwise requires:-

 

(a)      "Act" means Right to Information Act, 2005 (No.22 of 2005)

 

(b)      "Competent Authority" means the Chief Justice of Orissa High Court.

 

(c)      "Ministerial Officer" means an Officer other than a Judicial Officer of the Court.

 

(d)      "Outlying Court" means a Court not situated at the Headquarters of the district where seat of the District and Sessions Court is situated.

 

(e)      "Public Authority" means the High Court of Orissa.

 

(f)       "Subordinate Court" means the Judicial Courts subordinate to the High Court of Orissa situated within its territorial jurisdiction.

 

(g)      Words and Expressions used but not defined in these Rules shall have the same meaning as are respectively assigned to them in the Act.

CHAPTER-II

Designation and Powers

Rule - 3.

 

(a)      The Additional Deputy Registrar (J. & E.) shall be the ex-officio State Public Information Officer of the High Court.

 

(b)      The Registrar (Judicial) of High Court shall be the Appellate Authority of the State Public Information Officer in respect of the Public Authority.

 

(c)      The Ministerial Officers of the stations as mentioned in the Appendix-I shall be the ex-officio State Assistant Public Information Officer of the respective areas.

 

(d)      The District Judge of the concerned district shall be the Appellate Authority in respect of the appeal filed against the order of the State Assistant Public Information Officer posted at the Headquarters of the district.

 

(e)      The senior most Judicial Officers of the station as indicated in Appendix-1 shall be the Appellate Authorities of their respective areas to decide the appeal against the order of the State Assistant Public Information Officer of the concerned area.

CHAPTER-III

Fees

Rule - 4.

 

(a)      A person desirous of an information authorized under the Act may apply for information to State Public Information Officer or State Assistant Public Information Officer by filing an application with declaration on oath as indicated in the prescribed proforma in Appendix-11 or Appendix-II (A) as the case may be on payment of Rs.50/- towards application fees in shape of non-judicial stamp.

 

(b)      When a copy is required in respect of an application is completed, it will be made over by the Copyist/Typist concerned together with the original documents to the comparer who shall be responsible for the correctness of the copy prepared. The prepared copy shall at the end bear the initial of the Copyist/Typist concerned and every page of the compared copy shall also be initialed by the comparer in token of comparison. All cuttings and corrections made during comparison will be initialed by the comparer who shall on completion of comparison put his/her signature with date at the foot of the last page of the copy. The certified copy of such document shall be issued under the signature of State Public Information Officer or the State Assistant Public Information Officer as the case may be.

 

(c)      The person applying for such information may obtain the copy thereof on further payment of Rs.20/- in shape of non-judicial stamp for each sheet of paper comprising of 180 words or part thereof.

 

(d)      The form of application for Information shall be obtained from the office of the State Public Information Officer or State Assistant Public Information Officer, as the case may be at the rate of Rs.10/- per form. Each application form shall contain a serial number and signature of the issuing clerk with the date of issue and the seal of the State Public Information Officer or Assistant State Public Information Officer as the case may be.

 

(e)      The applications for an information shall be consecutively number and registered as they are received along with its date in the Register to be maintained in the form prescribed in Appendix -III.

 

(f)       The application form for information shall be issued and received during the office hours of the working days of State Public Information Officer or Assistant State Public Information Officer as the case may be.

 

(g)      Cost will be determined within three working days of the receipt of the application form.

 

(h)     If the required information or decision on the disposal of the application is not received within 3 months, the same will be destroyed and the applicant will have to apply afresh in accordance with the procedure.

CHAPTER-IV

Miscellaneous

Rule - 5.

 

No Information shall be provided to any applicant in the following matters:

(i)       in respect of the document or records produced in a judicial proceeding.

 

(ii)      The information, which is likely to affect the security of any institution or the public order.

 

(iii)     The information, which has no relationship with the public activity.

 

(iv)    The Information, which could cause unwarranted invasion of the privacy to any person.

 

(v)      Separate application shall be filed for information in respect of the separate record or information.

 

(vi)    Other materials described in Section 8 and 9 of the Act.

 

Appendix-I

List of State Assistant Public Information Officer In the Subordinate Courts and Its Appellate Authority

 

Sl. No.

Name of the Station

State Assistant Public Information Officer

Appellate Authority

1

2

3

4

CUTTACK

1.

Cuttack

Sheristadar

District & Sessions Judge.

2.

Athagarh

-do-

Civil Judge (Sr. Divn)

3.

Baramba

-do-

Addl. Civil Judge (Jr. Divn.)

4.

Narsinghpur

Senior Most Sr. Clerk

J.M.F.C.

5.

Banki

Sheristadar

Civil Judge (Sr.Divn.)

6.

Salipur

-do-

Civil Judge (Jr. Divn.)

7.

Jagatsinghpur

Bench Clerk

Addl. District Judge

8.

Kujanga

Sheristadar

Civil Judge (Jr. Divn.)

9.

Kendrapara

Bench Clerk

Addl. District Judge.

10.

Pattamundai

Senior most Sr.Clerk

Civil Judge (Jr. Divn.)-J.M.F.C.

11.

Jajpur

Bench Clerk

Addl.District Judge

12.

Jajpur Road

Sheristadar

Civil Judge (Jr.Divn.)

PURI

13.

Puri

Sheristadar

District & Sessions Judge

14.

Nimapara

Sheristadar

Civil Judge (Sr. Divn.)

15.

Pipili

Senior most Sr. Clerk

Civil Judge (Jr. Divn.)-J.M.F.C.

16.

Nayagarh

Bench Clerk

Addl. District Judge

17.

Daspalla

Senior Most Sr. Clerk

Civil Judge (Jr. Divn.)- J.M.F.C.

18.

Khandapara

-do-

-do-

19.

Ranpur

-do-

J.M.F.C.

KHURDA

20

Bhubaneswar

Sheristadar

Dist. & Sessions Judge

21.

Khurda

Bench Clerk

Addl. District Judge.

22.

Khurda Road

Senior Most Sr.Clerk

Special Rly. Magistrate

23.

Banpur

-do-

Civil Judge (Jr. Divn.)- J.M.F.C.

DHENAKANAL

24.

Dhenkanal

Sheristadar

Dist. & Sessions Judge

25.

Hindol

Sherishtadar

S.D.J.M.

26.

Kamakshyanagar

Sheristadar

Civil Judge (Sr. Divn.)

27.

Angul

Bench Clerk

Addl. District Judge.

28.

Talcher

Bench Clerk

Addl. District Judge

29.

Pallahara

Sheristadar

S.D.J.M.

30.

Athamallick

-do-

Civil Judge (Sr. Divn.)

BALASORE

31.

Balasore

Sheristadar

Dist. & Sessions Judge

32.

Jaleswar

Sheristadar

Addl. Civil Judge (Jr. Divn.)

33.

Soro

Seniormost Sr. Clerk

Addl. Civil Judge (Jr. Divn). J.M.F.C.

34.

Nilgiri

Sheristadar

Civil Judge (Sr. Divn.)

35.

Bhadrak

Bench Clerk

Addl. District Judge

36.

Basudevpur

Senior most Sr. Clerk

Addl. Civil Judge (Jr. Divn) J.M.F.C.

KALAHANDI

37.

Bhawanipatna

Sheristadar

Dist. & Sessions Judge

38.

Madanpur-Rampur

Senior Most Sr.Clerk

Addl. Civil Judge (Jr. Divn.) J.M.F.C

39.

Dharmagarh

Sheristadar

Civil Judge (Sr. Divn.)

40.

Nawapara

Bench Clerk

Addl. District Judge.

41.

Khariar

Seniormost Sr. Clerk

Addl. Civil Judge (Jr. Divn)-J.M.F.C.

SAMBALPUR

42.

Sambalpur

Sheristadar

Dist. & Sessions Judge

43.

Kuchinda

-do-

Civil Judge (Sr. Divn.)

44.

Rairakhol

-do-

S.D.J.M.

45.

Deoaarh

Bench Clerk

Addl. District Judge

46.

Bargarh

-do-

Addl. District Judge

47.

Padampur

Sheristadar

Civil Judge (Sr. Divn.)

48.

Sohella

Seniormost Sr. Clerk

J.M.F.C.

49.

Barpalli

-do-

Civil Judge (Jr.Divn)- J.M.F.C.

50.

Jharsuguda

Bench Clerk

Addl. District Judge

BOLANGIR

51.

Bolangir

Sheristadar

Dist& Sessions Judge

52.

Patnagarh

-do-

Civil Judge (Sr. Divn.)

53.

Kantabanjhi

Seniormost Sr. Clerk

J.M.F.C.

54.

Titilagarh

Bench Clerk

Addl. District Judge.

55.

Sonepur

-do-

Addl. District Judge.

56.

Biramaharajpur

Sheristadar

S.D.J.M.

57.

Rampur

Seniormost Sr. Clerk

Civil Judge (J.D.)-J.M.F.C.

58.

Loisingha

-do-

J.M.F.C.

KORAPUT

59.

Jeypore

Sheristadar

District & Sessions Judge.

60.

Laxmipur

Seniormost Sr. Clerk

J.M.F.C.

61.

Kotpad

-do-

J.M.F.C.

62.

Koraput

Sheristadar

Civil Judge (Sr. Divn.)

63.

Nawrangpur

Bench Clerk

Addl. District Judge.

64.

Umerkote

Seniormost Sr. Clerk

J.M.F.C.

65.

Malkangiri

Bench Clerk

Addl. District Judge.

66.

Mottu (M.V.79)

Seniormost Sr. Clerk

J.M.F.C.

67.

Rayagada

Bench Clerk

Addl. District Judge.

68.

Kashipur

Seniormost Sr. Clerk

J.M.F.C.

69.

Bissam-Cuttack

-do-

J.M.F.C.

70.

Gunupur

Sheristadar

Civil Judge (Sr. Divn.)

GANJAM

71.

Berhampur

Sheristadar

District & Sessions Judge

72.

Digapahandi

Seniormost Sr. Clerk

J.M.F.C.

73.

Chhatrapur

Sheristadar

Civil Judge (Sr. Divn.)

74.

Sorada

-do-

Civil Judge (Jr. Divn.)-J.M.F.C.

75.

Bhanjanagar

Bench Clerk

Addl. District Judge.

76.

Kodala

Sr.most Sr. Clerk

Civil Judge (Jr. Divn.) J.M.F.C.

77.

Aska

Sheristadar

Civil Judge (Sr. Divn.)

78.

Khallikote

Seniormost Sr. Clerk

J.M.F.C.

79.

Patrapur

Sheristadar

Civil Judge (Jr. Divn.)

80.

Purusottampur

Seniormost Sr. Clerk

J.M.F.C.

81.

Parlakhemundi

Bench Clerk

Addl. District Judge

82.

R. Udayagiri

Seniormost Sr. Clerk

J.M.F.C.

PHULBANI

83.

Phulbani

Sheristadar

District & Sessions Judge

84.

G. Udayagiri

Seniormost Sr. Clerk

J.M.F.C.

85.

Daringbari

-do-

Civil Judge (Jr. Divn.)-J.M.F.C.

86.

Balliguda

Sheristadar

Civil Judge (Sr. Divn.)

87.

Boudh

Bench Clerk

Addl. District Judge.

88.

Kantamal

Senior most Sr. Clerk

Civil Judge (Jr. Divn.) J.M.F.C.

SUNDARGARH

89.

Sundargarh

Sheristadar

District & Sessions Judge

90.

Bonai

Sheristadar

Civil Judge (Sr. Divn.)

91.

Rajgangpur

Senior most Sr.Clerk

J.M.F.C.

92.

Rourkela

Bench Clerk

Addl. District Judge

MAYURBHANJ

93.

Baripada

Sheristadar

District & Sessions Judge

94.

Rairangpur

Bench Clerk

Addl. District Judge.

95.

Udala

Sheristadar

Civil Judge (Sr. Divn.)

96.

Karanjia

Sheristadar

Civil Judge (Sr. Divn.)

KEONJHAR

97.

Keonjhar

Sheristadar

District & Sessions Judge

98.

Champua

Sheristadar

Civil Judge (Sr.Divn.)

99.

Barbil

Senior most Sr.Clerk

Civil Judge (Jr. Divn.)-J.M.F.C.

100.

Anandapur

Sheristadar

Civil Judge (Sr. Divn.)

Appendix - II

Application Form for Information

 

Serial No.............

Space for
Court fee stamp

In the High Court of............

 

Description of document of which the information is required.

Declaration:

I...................the applicant do hereby solemnly affirm and state that the facts stated in the application form are true to my knowledge and are based on information which I have obtained from the authentic sources. I believe the said information to be true and the information sought for by me are not coming within the purview of Section 8 (1) (a) to (j) of The Right to Information Act, 2005 and under Rule 5 of the Orissa High Court Right to Information Rules, 2005.

Signature of the applicant

Date :                            

I,........................ Son of...................... at............ P.S.......... Dist........ do hereby apply for the information/order passed by the Hon'ble High Court relating to............

 

 

 

Dated this ............day of ............20

 

 

 

Signature of the applicant.

For Office Use Only

Application received on.............

Copy ready for supply...............

Compared by     (1)................

(2)...............

Signature of the Issuing clerk

Date:

Received copy of information

Signature of the applicant

Estimated cost............

Record received on...........

Information ready on...........

Information delivered on................

State Public Information Officer

Date                                                                                     (Seal)

Appendix-II A

Application Form for Information

 

Serial No.............

Space for
Court fee stamp

In the High Court of Orissa, Cuttack

 

Description of document of which the information is required.

Declaration:

I...................the applicant do hereby solemnly affirm and state that the facts stated in the application form are true to my knowledge and are based on information which I have obtained from the authentic sources. I believe the said information to be true and the information sought for by me are not coming within the purview of Section 8 (1) (a) to (j) of The Right to Information Act, 2005 and under Rule 5 of the Orissa High Court Right to Information Rules, 2005.

Signature of the applicant

Date :                            

I,........................ Son of...................... at............ P.S.......... Dist........ do hereby apply for the information/order passed by the Hon'ble High Court relating to............

 

 

 

Dated this ............day of ............20

 

 

 

Signature of the applicant.

For Office Use Only

Application received on.............

Copy ready for supply...............

Compared by     (1)................

(2)...............

Signature of the Issuing clerk

Date:

Received copy of information

Signature of the applicant

Estimated cost............

Record received on...........

Information ready on...........

Information delivered on................

State Public Information Officer

Date                                                                                     (Seal)

Appendix-III

Register of applications for Information in the Orissa High Court, Cuttack

 

Serial Number with Date of Application

Name of the applicant with address

Date of estimating the value of Court Fees to be paid

Date of filing of deficit stamp

Date of delivery of information

Signature of the applicant

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)





N. B. (1) If application is rejected, brief reasons thereof shall be entered in red ink in the remarks column.

 

(2) If there is delay beyond the prescribed period in delivery of the information, the reasons for such delay be noted in the remarks column.

 

(3) Register be verified by the State Public Information Officer/State Assistant Public Information Officer, once in every week.