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.
(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.