Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY HIGH COURT, RIGHT TO INFORMATION RULES, 2006 CONTENTS CHAPTER 1 :- GENERAL 1. Short title and commencement 2. Office Hourse CHAPTER 2 :- PROCEDURE FOR APPLICTION AND ITS DISPOSAL 3. . 4. Procedure to be Adopted after presentation of Application 5. . 6. . 7. . 8. . 9. . CHAPTER 3 :- PROCEDURE FOR INSPECTION OF RECORDS 10. . 11. . 12. . 13. . 14. . 15. . 16. . 17. Removal of doubts CHAPTER 4 :- MISCELLANEOUS 18. . 19. . 20. . BOMBAY HIGH COURT, RIGHT TO INFORMATION RULES, 2006 In exercise of the power conferred by section 28 of the Right to Informaion Act, 2005, the Chief Justice of the High Court of Judicature at Bombay being the 'Competent Authority makes the following Rules to enforce the provisions of the said Act. CHAPTER 1 GENERAL 1. Short title and commencement :- (i) These Rules shall be called the Bombay High Court, Right to information Rules, 2006. 2. Office Hourse :- Generally, the office hours shall be from 10.30 to 5 p.m on all working days. CHAPTER 2 PROCEDURE FOR APPLICTION AND ITS DISPOSAL 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 fee 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 envelope bearing postal stamps equivalent to the rate prescribed for Registered Post with Acknowledgment Due (R.P.A.D.) along with the application. 4. Procedure to be Adopted after presentation of Application :- 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 requisition 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 concerned section and after having confirmed that the desired information can/cannot be given to the applicant, the Public Information Officer shall accordinglsy information the applicant. 5. . :- If 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 prescribed fee as per Rule 14. To get the information by post, applicant shall submit self addressed envelope with postal stamps equivalent to the rate prescribed for Registered Post with Acknowledgment Due (R.P.A.D.) along with the prescribed fees, But, if the said fee is not deposited within 15 days, the application shall stand rejected. 6. . :- After receipt of the prescribed fee, a date not exceeding seven days shall be fixed for preparation and providing information to the applicant. As far as possible, arrangement shall be made to provide the desired information by the said date. If, for any reason the information cannot be provided by the prescribed date, next date shall be given to the applicant and the intervening period between the above two dates shall not exceed 7 days. If, even on the said next date for any reason, the information cannot be supplied to the applicant, the Public Information Officer shall fix another date but the totally extend period shall not be more than 30 days from the date of receipt of the prescribed fees. With respect to application received by post, the information shall necessarily by sent within 30 days receipt of the prescribed fee. If, in respect of furnishing information, the Public Information Officer finds that is not possible to give information under section 8 or section 9 of the Act, he shall inform the applicant about rejection of said application, in Form-C. However, if the information is to be sent by post, the application shall bear the postal expenses. 7. . :- If the applicant is illiterate and unable to present the application in writing Public Information Officer shall help him in getting the application reduced to writing. 8. . :- In this regard a Register shall 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 Appellant. 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 of application. 11. Mention of the 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, the Public Information Officer shall certify it by putting his signature and Seal along with following details/particulars :- 1. No. and date of submission of application. 2. The date fixed for appearance of the applicant. 3. Date if 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. 9. . :- If the applicant seek any information with respect to a 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 of such applicational, Public Information Officer shall register the application in the register maintained in his office for that purpose. The Public Information Officer shall then send a copy of said application to that other person and on receipt of his reply, shall dispose of the application after providing an 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 shall 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 shall be intimated in From-C, for which the applicant has to give a self-addressed envelope: Provided that, if the information, sought by the applicant, is in respect of judical proceedings or record, he shall obtain the information as per the procedure prescribed for obtaining certificated copies by the Rules and Orders for the time being in force in that behalf. CHAPTER 3 PROCEDURE FOR INSPECTION OF RECORDS 10. . :- If after having considered the application filed by applicant, the Public Information Officer finds it appropriate that the applicant may be granted permission to inspect the records and if he grants such permission, the Public Information Officer shall requisition the record desired by applicant for persual, from the concerned Section/Department and shall give the same to the applicant for inspection in his presence, during office hours, between 3.30 p.m. and 5.30 p.m. while inspecting such record, the applicant shall be allowed use of pencil and the information desired by the applicant shall be noted by him by pencil only. If the applicant brings any writing instrument/s other them a pencil, he shall deposit the same with public information Officer and thereafter he shall be allowed to inspect the record. The applicant shall not make any marketing on the record by the pencil he is allowed to use during inspection. 11. . :- During inspection, the applicant shall not have any right to make any note or put any mark on the record. During inspection of record, if the applicant wishes to make notes, he shall make them on a plain paper and after inspection he shall show the note/s to the Public. 12. . :- Any person who does not get any decision within the time prescribed in clause (a) of sub-section (3) of section 7 of the Act as the case may be, or who is aggrieved by the decision of Public Information Officer or Assistant Public Information Officer, as the case may be, may prefer an appeal in writing to the District Judge of the District, who is the First Appellate Authority. The memo of said appeal 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 District Judge, after providing opportunity of hearing to the parties. 13. . :- A Register of Appeal (Form-E) shall be maintained in the office of the District Judge and the following details shall be entered in it :- 1. Registration No. 2. Name and particulars of applicant/appellant. 3. Name and particulars of respondent/non- appellant. 4. Details of the order of Public Information Officer against which appeal is preferred. 5. Date of order. 6. Decision 7. Remarks. After the disposal of appeal preferred by the applicant/appellant, the decision shall be communicated to the appellant in an appropriate manner. 14. . :- The appellant 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. The fee payable for the information sought shall be as per the following scale :- Sr. No. Particulars of documents Fees 1. In the memorandum of First Appeal Rs. 40/- in form of Court-fees Stamps. 2. For inspection of records Court-fee stamps. Rs. 10/- per Hours in the form of 3. For providing information by way of photocopies Rs. 10/- per page 4. For typed information Rs. 10/- per page 5. For computer printing Rs. 15/- per page The fee mentioned against item Nos. 3 to 5 shall be received in cash and shall credited to Treasury under following head:- "Major Head-0070-Sub Major Head-800-other Receipts" 15. . :- Cash Register shall be maintained by the Public information officer with following details : Name and address of application Date of the applicant Date of deposit of Particulars of fees amount with challan Refun if any (1) (2) (3) (4) (5) 16. . :- An applicant living below the poverty line shall, on production of a copy of the certificate issued by the Competent Authority along with the application, be provided the desired information and copies free of cost under these Rules. 17. Removal of doubts :- If any doubt arises as to the application and/or interpretation of any provision of these Rules, the matter shall be referred to the Hon'ble the Chief Justice whose decision thereon shall be final. Note. - Fees, which shall be deposited in the form of Court-fees shall be deposited in the form of Court-fees shall be cancelled by the Public Information Officer with a rubber stamp or by punching holes. CHAPTER 4 MISCELLANEOUS 18. . :- The applications for information shall be preserved for 6 months from the date of receipt on expiry of the said period of six months, they shall be destroyed by burning after obtaining orders from the Public Information Officer. 19. . :- The information/Copy/ies/inspection with respect to the cases pending in Court shall be obtained from the Court, as per Bombay High Court Rules and Orders in force for the time being. 20. . :- The Public Information Officer shall have the right to make work distribution amongst the Assistant Public Information Officers and other ministerial staff.